HomeMy WebLinkAboutCC 1983-07-18 Minutes0 0
CITY OF MIAMI
COMMISSION
MINUTES
OF MEETING HELD ON July 18, 1983
(REGULAR)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G. ONGIE
CITY CLERK
ItBEX
CI4ICOhf113SlCRAMI, Fl.OR1114
TO NO, JULY 18, 1983 SMCT (REGULAR)
1
PERSONAL APPEARANCE -MR. FRANK COBO REGARDING A REQUEST
FOR FUNDING FOR THE MIAMI RIVER CLEANUP.
2
DISCUSSION ITEM -FUNDING REQUEST TO BE SUBMITTED TO
THE CITY MANAGER FOR RECOMMENDATION AND POLLING OF
THE MEMBERS OF THE CITY COMMISSION.
3
GRANT REQUEST FOR GUARANTEE FOR HOLIDAY BASKETBALL
TOURNAMENT AT THE MIAMI CONVENTION CENTER TO BE HELD
DECEMBER 21st AND 22nd 1983.
4
GRANT REQUEST FOR GUARANTEE UP TO $25,000 TO THE
CITIZEN'S CRIME COMMITTEE FOR THE PURPOSES OF GRANT
APPLICATION TO EISENHOWER FOUNDATION.
5
DISCUSSION ITEM -DONATION OF PROPERTY BY CAPITAL
BANK (SEE LATER, SAME MEETING).
6
FORMALIZING RESOLUTION -CREATION OF CHARTER REVIEW
COMMITTEE.
7
GRANT A REQUEST FOR $35,000. FOR THE HEMISPHERIC
CONGRESS OF LATIN CHAMBERS OF COMMERCE.
8
CONGRATULATIONS AND BEST WISHES TO MR. LUIS SABINES
PAST PRESIDENT OF LATIN AMERICAN CHAMBER OF COMMERCE.
9
CONGRATULATIONS AND BEST WISHES TO CAPTAIN WILLIAM
ALEXANDER, UPON HIS ELECTION AS PRESIDENT OF THE
P.I.C. COMMITTEE.
10
FIRST READING ORDINANCE-3% BED TAX; ALSO APPOINTING
MR. RAUL MASVIDAL AS TEMPORARY CHAIRPERSON OF THE
COMMITTEE TO RECEIVE AND ADMINISTER THE 3% TAX.
11
GRANT REQUEST FOR USE OF FIRE STATION AT N.E. 2ND
AVENUE AND 40TH STREET TO BE THE SITE OF THE BLACK
ARCHIVES MUSEUM.
12
DISCUSSION ITEM: REQUEST FOR FUNDING AND PARKING
FACILITIES FOR THE MIAMI JAYCEES BRINGING THE "STATE-
WIDE JAYCEES CONVENTION" TO MIAMI IN THE SUMMER OF 1984.
13
GRANT REQUEST OF -PACE FOR THE 1984 "BIG ORANGE"
FESTIVAL.
14
CITY COMMISSION GOING ON RECORD TO THE T.D.C. TO LIVE
UP TO ITS FUNDING RESPONSIBILITIES.
15
A PREPARED RESOLUTION COMMENDING THE CITY FIRE &
RESCUE SERVICE. .
16
RESOLUTION ALLOCATING ADDITIONAL AMOUNT TO LAW
DEPARTMENT FOR PHOTOCOPY MACHINE.
17
MOTION EXPRESSING COMMITTION INTENT TO DEAL WITH FOUR
ORGANIZATIONS IN CONNECTION WITH ALLOCATION OF FUNDS
FOR JOB TRAINING PROGRAM.
18
AUTHORIZE CITY MANAGER TO EXECUTE PROFESSIONAL
SERVICES AGREEMENT WITH COOPERS AND LYBRAND TO ASSIST
BAYSIDE SPECIALTY CENTER REVIEW COMMITTEE.
PAGE # 1
NZDIWCE0R
KEsoLmloN No, I PAGE NO,
DISCUSSION 1-3
DISCUSSION 1 3-4
M-83-557 4-5
M-83-558 5-7
DISCUSSION 7-8
R-83-559 1 8-9
M-83-560
M-83-561
M-83-562
FIRST READING
M-83-563
M-83-564
M-83-565
M-83-566
R-83-567
R-83-568
M-83-569
10-11
11-12'
12
13-15
15
15-16
17-19
19-20
20
21-22
22-23
23-26
R-83-570 1 27-28
C4'c% SSi9 GIANT, FI.ORID4
PAGE 4E 2
INANCEo�
j NO,
JULY 18, 1983 S1.� cT (REGULAR)
soUlTiay No.
PAS N0,
19
PERSONAL APPEARANCE-SGT.SMITH.MIAMI POLICE DEPARTMENT.
(NOTE: OATH ADMINISTERED BY CITY CLERK IN CONNECTION
WITH THIS MATTER).
DISCUSSION 28-29
20
DIRECTING THE CITY MANAGER TO FIND FUNDS REQUESTED BY
THE ALLAPATTAH MERCHANTS' ASSOCIATION IN CONNECTION
WITH THEIR REVITALIZATION EFFORTS IN THE N.W. 36TH
STREET AREA.
M-83-571 29-32
21
CONDOLENCE' ON DEATH OF FEDERAL AGENT EDDIE BENITEZ.
R-83-572 32
22
DISCUSSION ITEM CONCERNING POSSIBLE IMPOSITION OF
MANDATORY LIFE SENTENCES OF PERSONS WHO SHOOT POLICE
OFFICERS.
DISCUSSION 33-34
23
BRIEF DISCUSSION ITEM: NEW UNIFORMS, TRASH COLLECTION
SERVICES IN CITY OF MIAMI AND BLOCKING OF STREETS.
DISCUSSION 34-35
24
DONATION OF PROPERTY BY CAPITAL BANK IN THE LIBERTY
CITY AREAS TO BE USED FOR EITHER A POLICE SUBSTATION
OR SOME OTHER USE.
R-83-573 35-38
25
PERSONAL APPEARANCE-LILLY KITTERIEL REGARDING NEEDED
CLEANUP OF CERTAIN AREAS OF THE CITY.
DISCUSSION 38-39
26
PERSONAL APPEARANCE -REVEREND KIND OF THE DIVINE MISSION
CHURCH REGARDING A ZONING VIOLATION.
DISCUSSION 39-41
27
FIRST READING ORDINANCE -AMENDING SECTION 18-73,
PARAGRAPH (b) AND PARAGRAPH (2) OF SUBSECTION 18-73
PARAGRAPH (e) OF SECTION ENTITLED MINORITY PROCUREMENT
PROGRAM.
FIRST READING 42-44
28
BRIEF DISCUSSION ITEM: CITY ADVERTISING IN WEEKLY
PERIODICALS, ETC.
DISCUSSION 44-45
29
AUTHORIZE CITY MANAGER TO SIGN NON -SUBSTANTIVE
AMENDMENT TO U.D.A.G. AGREEMENT CONCERNING CONSTRUCTION
OF WORLD TRADE CENTER.
M-83-574 5-47
30
PREPARED RESOLUTION -ACCEPTANCE AND AUTHORIZATION OF
CONTRACT CONCERNING MIAMI GRAND PRIX.
R-83-575 47-53
31
BRIEF DISCUSSION ITEM: WORK BEING DONE AT THE SEMINOLE
DOCKS.
DISCUSSION 54
32
DEFERRAL OF CONSIDERATION OF APPOINTMENT TO THE ZONING
BOARD, DIRECTING CITY CLERK TO READVERTISE FOR
ACANCIES AS WELL AS VACANCIES FOR ALTERNATES ON ZONING
OARD AND PLANNING ADVISORY BOARD.
M-83-576 54-57
33
LOCATE $7,500 IN CASH AND IN -KIND CONTRIBUTIONS
N CONNECTION WITH FLORIDA WAVE PARADE TO BE HELD
UGUST 20, 1983.
M-83-577 57-58
34
AUTHORIZE ALLOCATION OF $5,500 FOR FOUR NATIONAL
SPOTS IN CONNECTION WITH THE FLORIDA WAVE PARADE.
M-83-578 59
35
PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS.
DISCUSSION 60
lit
3
36
37
38
39
40
40.1
41
42
43
44
45
46
47
48
49
50
51
52
53
54
Iw
C14'51SSIffOF MIAMI, FLORIN
JULY 18, 1983 &UCT (REGULAR)
PAGE # 3
p� I NANCE
REsou�rtayo, I PAS NO.
ACCEPT DONATION OF SCULPTURE FOUNTAIN IN THE SHAPE OF
PALM T$EE FROM THE GOVERNMENT OF CHILE.
R-83-579 60
CHANGE DATE OF CITY COMMISSION MEETING FROM SEPTEMBER
8TH TO SEPTEMBER 7TH, 1983.
R-83-580 61
BRIEF DISCUSSION AND SELECTION OF BID FOR DEDICATION
OF PARKING GARAGE NUMBER 5.
DISCUSSION 61
REPLACEMENT OF PLUMBING EQUIPMENT SERVING GUSMAN
CULTURAL CENTER AND OLYMPIA OFFICE BUILDING.
R-83-581 62-63
DISCUSSION ITEM -PROPOSED CREATION OF RELIGIOUS BOARD.
DISCUSSION 63-67
DISCUSSION ITEM:
INTERIM PARKING FACILITY.
DISCUSSION 67-68
PRES:EPIATION TO OFFICER BRIAN GLACCUM
DISCUSSION 68
KEEP TRAM IN OPERATION UNTIL OCTOBER 15, SERVING THE
DOWNTOWN AREA FROM THE FORMER FEC PROPERTY TO VARIOUS
DOWNTOWN SITES.
M-83-582 68-69
DISCUSSION ITEM OF POSSIBLF ORDINANCE CONTROLLING VIDEO
GAME ARCADES.
DISCUSSION 69-71
BRIEF DISCUSSION ITEM: PROPOSED USE OF FIRE STATIONS
FOR NEIGHBORHOOD POLICE SUBSTATIONS AND POSSIBLE
CREATION OF TOURIST POLICE DETAIL.
DISCUSSION 72-73
DISCUSSION OF PROPOSAL TO APPOINT ONE INDIVIDUAL TO
SERVE AS CITY OF MIAMI ARTS PLANNING COORDINATOR.
DISCUSSION 73
DISCUSSION ITEM: PERSONAL APPEARANCE ROGER CARLTON,
OFF-STREET PARKING AUTHORITY CONCERNING ADVANCED
REFUNDING OF BONDS.
DISCUSSION 73-75
PERSONAL APPEARANCE -MR. ROGER CARLTON, OFF-STREET
PARKING AUTHORITY CONCERNING SUB -LEASE OF LOT UNDER I-
95 BETWEEN S.W. 6TH AND 7TH STREETS.
DISCUSSION 75-76
PERSONAL APPEARANCE -MR. ROGER CARLTON, OFF-STREET
PARKING AUTHORITY C0NCERNING PLANS FOR EXPANSION OF
PARKING LOT AND INSTALLATION OF PARKING METERS
AT KENNEDY PARK.
DISCUSSION 76-77
APPROVE MANAGER'S RECOMMENDATION CONCERNING PAYMENT OF
HEALTH BENEFITS FOR RETIRED EMPLOYEES.
M-83-583 78-79
DISCUSSION OF DOWNTOWN DEVELOPMENT AUTHORITY AND
OFF-STREET PARKING BOARD.
DISCUSSION 79-81
PRE -PRESENTATION PHASE III DINNER KEY MARINA
REDEVELOPMENT PROJECT. RESCHEDULE TO NEXT MEETING.
DISCUSSION 81
BRIEF DISCUSSION AND REPORT -STATUS OF JAPANESE GARDEN ON
WATSON ISLAND.
DISCUSSION 81-82
BRIEF DISCUSSION AND DEFERRAL OF CONSIDERATION OF
ADJUSTMENT TO CITY ATTORNEY'S ANNUAL SALARY. MATTER
TO BE DISCUSSED JULY 28TH.
ISCUSSION 83-86
ACCEPT RECOMMENDATIONS FROM ADMINISTRATION CONCERNING
PROPOSED MIAMI FILM FESTIVAL.
M-83-584 86-88
ok
1m
CIlYt00hMISS1QJ HIAMI, FIDRIll4
JULY 18, 1983 %UCT (REGULAR)
PAGE It 4
p�I NANCE
REsourr I ay1o, I PAGE N0,
55
CONSENT AGENDA ENCOMPASSING ITEMS NUMBER 93 THROUGH
131, WITHDRAWING ITEMS NUMBER 94, 95, 101, 106,
124, 125, 126, 127, 128. (SEE LABEL NUMBER 127
I
FOR LAST PORTION OF CONSENT AGENDA).
55.1
ACCEPT BID: SIGNS OF ALL KINDS, INC. FOR FABRICATIONS
AND INSTALLATION OF TWO BUILDING SIGNS.
R-83-585
55.2
ACCEPT BID: EDWARD DON AND COMPANY FOR TABLE SKIRTING
AND ACCESSORIES.
R-83-586
55.3
ACCEPT BID: ADVANCE MACHINE COMPANY FOR INDUSTRIAL
FLOOR CLEANING MACHINE.
R-83-587
55.4
ACCEPT BID: PUBLIC SAFETY DEVIES,INC. FOR 100 GUNS
RACKS FOR POLICE VEHICLES.
R-83-588
55.5
ACCEPT BID: PERSHING AUTO LEASING, INC. FOR
AUTOMOBILE RENTALS.
R-83-589
55.6
ACCEPT BID: CENTRAL CONCRETE OF MEDLEY, INC. FOR
READY -MIXED CONCRETE.
R-83-590
55.7
ACCEPT BID: PIECO MIAMI, INC. FOR SIX FUEL DISPENSING
PAS.
R-83-591
55.8
ACCEPT BID: E.V.F., INC. FOR PURCHASE OF 4 NEW RESCUE
AMBULANCES, SPARE PARTS AND REFURBISH 4 CITY -OWNED
RESCUE AMBULANCES.
R-83-592
55.9
ACCEPT BID: M. VILLA AND ASSOCIATES, INC. FOR LITTLE
RIVER HIGHWAY IMPROVEMENT H-4482.
R-83-593
55.10
ACCEPTANCE OF A $9,287.50 GRANT TO PROVIDE CHILD DAY
CARE SERVICES TO CHILDREN FROM LIBERTY CITY AREA.
R-83-594
55.11
RESCINDING RESOLUTION WHICH ACCEPTED THE PROPOSAL
OF AERIAL SURVEYS INTERNATIONAL,INC. TO PERFORM
AN AERISL SURVEY OF THE CITY.
R-83-595
55.12
AGREEMENT WITH METROPOLITAN DADE COUNTY FOR
DEVELOPMENT AND INSTALLATION OF AN EMERGENCY
VEHICLE PRE-EMPTION SYSTEM.
R-83-596
55.13
ACCEPTING A COVENANT FROM DAVID A. FREEDMAN AND DEBRA
B. FREEDMAN.
R-83-597
55.14
AGREEMENT WITH EXPOSITION PROMOTIONS INTERNATIONAL,INC.
FOR THE USE OF THE COCONUT GROVE EXHIBITION CENTER FOR
THE TIME PERIOD 1983-1989.
R-83-598
55.15
AUTHORIZING PURCHASE OF FOUR PORTABLE POLICE RADIOS
FROM MOTOROLA COMMUNICATIONS AND ELECTRONICS,INC.
R-83-599
55.16
AUTHORIZING PURCHASE OF TWENTY-THREE SETS OF TURNOUT
CLOTHING FROM MIDWESTERN SAFETY MANUFACTURING COMPANY.
R-83-600
55.17
ORDERING LYNWOOD SANITARY SEWER IMPROVEMENT SR-5487-S
(SIDELINE SEWER).
-83-601
55.18
ACCEPT BIDS: INTERAMERICAN ENGINEERS AND CONTRACTORS
CORPORATION, THOMAS W. RUFF AND COMPANY, LONG'S OFFICE
SUPPLY COMPANY FOR 122 ITEMS OF OFFICE FURNITURE AND
WORKSTATIONS.
-83-602
88
89
89
89
90
90
90
90
91
91
91
92
92
92
92
92
92
93
4
INV
CIiY'5ISSIQJ fflAMI, F1.DRIDA
�j NO JULY 18, 1983CT (REGULAR)
55.19
55.20
55.21
55.22
55.23
55.24
55.25
55.26
55.27
55.28
55.29
55.30
56
57
58
59
60
61
62
PAGE # 5
rsoINANCE �,
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ACCEPT BID: THOMSED CORPORATION FOR 75
TURNSTILES FOR THE ORANGE BOWL STADIUM. R-83-603 94
ACCEPT BIDS: EMERGENCY MEDICAL AND SAFETY SUPPLY, INC.
SOUTHERN AMBULANCE BUILDERS, INC., A.M.F.A.K.,INC.
FOR BREATHING EQUIPMENT RESUCITATORS, OXYGEN CYLINDER
AND ASPIRATORS. R-83-604
ACCEPTING A FEDERAL HISTORIC PRESERVATION GRANT-
IN-AID FOR THE CITY TO PROVIDE HISTORIC PRESERVATION
SERVICES. R-83-605
ACCEPT BID: STAGE ENGINEERING AND SUPPLY, INC. FOR ONE
ACOUSTICAL CONCERT SHELL ENCLOSURE.
ACCEPT BID: CARIBBEAN BUILDING SUPPLIES, INC. FOR
250 REFUSE TOTE BARRELS.
ACCEPT BIDS: ALLIED UNIVERSAL CORPORATION, BISCAYNE
CHEMICAL LABS, INC., REX CHEMICAL CORPORATION FOR
SWIMMING POOL CHEMICALS.
ACCEPT BID: CONTACT COMMUNICATIONS CORPORATION FOR
COMMUNICATIONS SYSTEM FOR A FIRE TRAINING SIMULATOR.
AGREEMENT WITH THE FIRM OF JOHNSON AND HIGGINS
OF FLORIDA, INC.
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND A.
TAQUECHEL ASSOCIATES, INC.
ACCEPTING COMPLETED WORK OF TIMCO ELECTRIC, INC.
ACCEPTING COMPLETED WORK OF AL HILL PLUMBING, INC.
ACCEPTING COMPLETED WORK OF S.I.NICHOLAS,INC.
ACCEPT BID-4,675 POTTED NURSERY TREES.
i
RATIFYING, APPROVING AND CONFIRMING CITY MANAGER'S
ACCEPTANCE OF $35,224.91 GRANT FROM METROPOLITAN DADE
COUNTY FOR DAY CARE SERVICES TO CHILDREN FROM LOW
INCOME FAMILIES.
PRESENTATION AND DISCUSSION OF PROPOSED GROVE MARKET
PROJECT.
EMERGENCY ORDINANCE -AMEND CAPITAL IMPRCJEMENTS
APPROPRIATIONS ORDINANCE TO ESTABLISH GIVERNMENT CENTE
PARKING GARAGE AND CONVENTION CENTER PARr.ING GARAGE
WORKING CAPITAL REQUIREMENTS PROJECT.
AUTHORIZE CITY MANAGER TO EXECUTE LEASE AGREEMENT
DEPARTMENT OF OFF-STREET PARKING FOR SPACE IN THE
OLYMPIA BUILDING FOR THE DEPARTMENT OF PUBLIC
INFORMATION.
DISCUSSION OF PARKING FACILITIES AT JOSE MARTI PARK.
DISCUSSION ITEM -PROPOSED DAYCARE CENTER IN THE
DOWNTOWN AREA.
94
94
R-83-606 94
R-83-607 95
R-83-608 1 95
R-83-609 95
R-83-610 1 95
R-83-611
R-83-612
R-83-613
R-83-614
R-83-615
R-83-616
DISCUSSION
R
RD. 9651
-83-617
-83-618
DISCUSSION
96
96
96
96
97
199-106
1107
108
08-109
9-110
0
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
III
CIlY'0ffi1sTi off O
I: 1
PAGE # 6
rKESl NANCE 0jj
OLUTIO,'J t 0, PAGE NO,
PERSONAL APPEARANCE-LEONARD S. WALKER, REQUESTING
REMOVAL OF PLANTERS IN THE VICINITY OF 15TH
AND 17TH AVENUES.
DISCUSSION
PERSONAL APPEARANCE -MR. AL CARDENAS, REGARDING
INSTALLATION OF STREET CLOCKS ON VARIOUS ARTERIALS
IN THE CITY OF MIAMI.
R-83-619
PERSONAL APPLEARANCE-JANICE DIAMOND, REGARDING
DONATION OF SCULPTURE TO THE CITY OF MIAMI.
DISCUSSION
PERSONAL APPEARANCE -MR. VICTOR LOGAN REQUESTING
REDUCTION IN THIS YEAR'S RENT CONCERNING THE
STAGING OF THE SUMMER BOAT SHOW.
DISCUSSION
PERSONAL APPEARANCE -MR. ELADTO ARMESTO, CONCERNING
PROPOSED CHARTER AMENDMENT.MOTION DECLARING PROPOSAL
WILL NOT BE PLACED ON THE BALLOT IN 1983.
M-83-620
CONTINUED DISCUSSION -PROPOSED GROVE MARKET PROJECT
AND MOTION TO TABLE; MATTER WILL BE DISCUSSED JULY 28T
DISCUSSION
AUTHORIZE MANAGER TO EXECUTE AND DELIVER WARRANTY DEED
TO SONNAR, INC. FOR CERTAIN CITY OWNED PROPERTY.
R-83-621
AUTHORIZE EXECUTION OF LEASE AGREEMENT WITH U.S.
ARMY CORPS OF ENGINEERS FOR DEVELOPMENT, OPERATION AND
MAINTENANCE OF THE BAYWALK IN BAYFRONT PARK.
R-83-622
PERSONAL APPEARANCE -MR. JOSE MENDEZ, CONCERNING WYNW00
COMMUNITY ECONOMIC DEVELOPMENT PROGRAM, INCLUDING
THE INTENT OF THE CITY COMMISSION TO DECLARE WYNWOOD
AN ENTERPRISE ZONE, PENDING REVIEW BY CITY MANAGER, ETC
M-83-623
M-83-624
ACCEPT SETTLEMENT AS PROFFERED THIS -DATE CONCERNING
ONGOING LITIGATION WITH THE MIAMI DOLPHINS.
APPROVE MOST QUALIFIED CONSULTING FIRMS TO PROVIDE
PROFESSIONAL SERVICES FOR RENOVATIONS OF MOORE PARK.
AUTHORIZE CITY MANAGER TO EXECUTE. INDIVIDUAL CONTRACT
OR AGREEMENT WITH NINE NEIGHBORHOOD ECONOMIC
DEVELOPMENT ORGANIZATIONS.
CONTINUE PUBLIC HEARING DATE FOR DEVELOPEENT ORDER,
S.E. 8TH ST., BRICKELL AVENUE, 801-999 BRICKELL AVENUE,
A DEVELOPMENT OF REGIONAL IMPACT TO 2:30 P.M.,
JULY 28, 1983.
PERMIT APPLICANT FOR S.E. 8TH STREET AND BEICKELL
AVENUE PROJECT TO PROCEED TO FILE A FINAL APPLICATION
FOR MAJOR USE SPECIAL PERMIT.
PERMIT APPLICANT FOR THE LINCOLN/NASHER PROJECT,
701-799 BRICKELL AVENUE TO PROCEED TO FILE A FINAL
APPLICATION FOR MAJOR USE SPECIAL PERMIT WITH THE
DIRECTOR OF PLANNING.
R-83-625
R-83-626
I R-83-627
R-83-628
1 R-83-629
1 R-83-630
111-114
114-117
117-118
118-121
121-128
129-132
132-133
134-135
135-138
139-151
152-153
153-154
155
156
157-1511
0
0
78
79
80
81
82
83
84
85
86
YA
88
89
90
91
92
93
94
95
ItdD(
CIiYIffjISS1offflAMI, FLDRIll4
JULY 18, 1983 JMCT (REGULAR)
PAGE # 7
p�I NANCE
REso�.urlayo, I PAS N0,
PERSONAL APPEARANCE -MR. ROBERT TRAURIG IN BRIEF
DISCUSSION OF BAYSIDE R.F.P.'s.
AUTHORIZE CITY MANAGER TO ACCEPT SMALL BUSINESS
ADMINISTRATION PARKS AND RECREATIONAL AREA
DEVELOPMENT PROGRAM GRANT IN THE AMOUNT OF $198,728.
AUTHORIZE AGREEMENT LITTLE HAVANA DEVELOPMENT
AUTHORITY PROFESSIONAL SERVICES FOR DEVELOPMENT OF
LATIN QUARTER IN THE CITY OF MIAMI.
ALLOCATE $275,000. TO WYNWOOD IN CONNECTION WITH JOB
TRAINING PROGRAM.
FIRST READING ORDINANCE: CONCERNING GRANT ENTRANT
ASSISTANCE PROGRAM.
ALLOCATE $10,000 TO OVERTOWN BLUE RIBBON COMMITTEE.
FIRST READING ORDINANCE: CONCERNING CABLE TELEVISION.
CONFIRM ASSESSMENT ROLL FOR ALLAPATTAH SANITARY
SEWER IMPROVEMENT SR-5433-C.
CONFIRM ORDERING RESOLUTION: AUTHORIZE CITY CLERK
TO ADVERTISE FOR SEALED BIDS ALLAPATTAH INDUSTRIAL
AREA HIGHWAY IMPROVEMENT DISTRICT -PHASE I-H-4485.
CONFIRM ORDERING RESOLUTION: AUTHORIZE CITY CLERK TO
ADVERTISE FOR SEALED BIDS CITY WIDE SANITARY SEWER
IMPROVEMENT ALLAPATTAH INDUSTRIAL AREA DISTRICT
SR-5497-C.
AUTHORIZE CITY MANAGER TO ADVERTISE REQUEST FOR
PROPOSALS, DEPOSIT OF COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS.
ACCEPT COMPLETED WORK-KIRKLAND SANITARY SEWER
IMPROVEMENT SR-5478-C,
ACCEPT COMPLETED WORK -WEST 57TH AVENUE SANITARY SEWER
IMPROVEMENT SR-5469-C & S.
FIRST READING ORDINANCE -AMEND ANNUAL APPROPRIATIONS
ORDINANCE BY INCREASING THE APPROPRIATION FOR
ENTERPRISE FUND TO PURCHASE TRUNSTILES FOR THE ORANGE
BOWL STADIUM.
SECOND READING ORDINANCE -AMEND CAPITAL APPROPRIATIONS
ORDINANCE, COMPUTER ASSISTED DESIGN AND DRAFTING
SYSTEM.
SECOND READING ORDINANCE -AMEND SECTION 31-28 OF THE COD
ADDING CERTAIN REQUIREMENTS FOR APPLICATION AND RENEWAL
PROCEDURE FOR CITY OF MIAMI OCCUPATIONAL LICENSES.
SECOND READING ORDINANCE -AMEND SECTION 18-51 OF THE
CODE ENTITLED STOCK REPORTS AND AVAILABILITY.
CITY COMMISSION GOING ON RECORD AND INSTRUCTING
CITY CLERK TO ADVISE THE HEAD OF THE CONSTITUTIONAL
ASSEMBLY OF SAN SALVADOR, EL SALVADOR OF THE
AVAILABILITY OF CITY SURPLUS EQUIPMENT.
DISCUSSION
R-83-631
R-83-632
R-83-633
FIRST READING
R-83-634
FIRST READING
R-83-635
R-83-636
1 R-83-637
1 R-83-638
I R-83-639
R-83-640
(FIRST READING
IORD. 9652
. 9653
. 9654
3-641
159
159-160
160-161
161-162
163
164
164-165
166
166-167
167
168
169
169-170
170-171
171-172
172
173
174
IV
Its(
C4t00NMISSI0fOFT11AM1, FIARIA4
NO.JULY
18, 1983 SUCT (REGULAR)
.del
96
SECOND READING ORDINANCE —AMEND SECTION 1 OF THE
SUMMARY GRANT APPROPRIATIONS ORDINANCE BY
ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED
"COMMUNITY DEVELOPMENT COUNTY SUPPLEMENT FY-82-8311.
97
SECOND READING ORDINANCE —AMEND THE APPROPRIATIONS
ORDINANCE FOR FY 82-83 FOR ADDITIONAL FIRE RESCUE
EQUIPMENT.
98
SECOND READING ORDINANCE —AUTHORIZE TWO ADDITIONAL
POSITIONS OF ASSISTANT CITY ATTORNEY.
99
FIRST READING ORDINANCE —ESTABLISH SPECIAL REVENUE
FUND "RECREATION FOR THE MENTALLY RETARDED-8TH
YEAR".
100
FIRST READING ORDINANCE —AMEND SUMMARY GRANT
APPROPRIATIONS ORDINANCE TO INCREASE APPROPRIATION TO
"ENTRANT ASSISTANT PROGRAM 1982/1983".
101
FIRST READING ORDINANCE —AMEND SUMMARY GRANT
APPROPRIATIONS ORDINANCE "SUMMER FOOD SERVICE
PROGRAM FOR CHILDREN-1983".
102
FIRST READING ORDINANCE —AMEND CHAPTER 14 OF THE CODE
"DOWNTOWN DEVELOPMENT", INCREASE MEMBERSHIP OF BOARD.
103
FIRST READING ORDINANCE —AMEND CHAPTER 42 OF THE CODE
"TOWING OF MOTOR VEHICLES".
104
GRANT REQUEST FOR FINANCIAL ASSISTANCE —USE OF BASE—
BALL STADIUM BY MIAMI AMATEUR BASEBALL ASSOCIATION
TO SOLICIT FUNDS.
105
AUTHORIZE CITY MANAGER TO EXTEND EXISTING PROFESSIONAL
SERVICES AGREEMENT WITH E.H.FRIEND AND COMPANY FOR
ACTUARIAL ASSISTANCE WITH PENSION MATTERS.
106
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH THE
SENIOR COMMUNITY SERVICE EMPLOYMENT AGENCY.
107
ALLOCATE $5,000 TO HELP DEFRAY COSTS OF RECEPTION OF
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION.
108
AUTHORIZE CITY MANAGER TO ACCEPT URBAN PARK AND
RECREATION RECOVERY PROGRAM GRANT FOR MOORE PARK
REDEVELOPMENT.
109
ACCEPT COMPLETED WORK —ORANGE BOWL UPPER DECK
'
IMPROVEMENT.
110
ACCEPT COMPLETED WORK —CITY WIDE PAVING PROJECT,
OVERTOWN.
111
ACCEPT COMPLETED WORK, ADDITIVE ITEMS "B" AND
"C" FINISHES AND MILLWORK PROJECT AT THE MIAMI
CONVENTION CENTER.
112
AUTHORIZE ACCEPTANCE OF GRANT AWARD FROM STATE OF
FLORIDA RECREATION PROGRAM FOR THE MENTALLY RETARDED
—EIGH YEAR.
113
AUTHORIZE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH MARK ISRAEL, MAN IN WASHINGTON PROGRAM.
PAGE#8
FINANCE
R�sourr104 PAGE N0,
ORD. 9655
175
ORD. 9656
176
ORD. 9657
177
FIRST READING
178
FIRST READING
FIRST READING
FIRST READING
FIRST READING
M-83-642
R-83-643
R-83-644
R-83-645
R-83-646
R-83-647
R-83-648
178-179
179
180
1181-182 1
1 182
1 183
1183-184 1
1184-185 1
185
186
1 186-187 1
R-83-649 187
R-83-650 1188
R-83-651
1188
P
ok
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115
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121
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127.1
127.2
Im
CITYl1SSIffOF TIIAMI, &DA
JULY 18, 1983 SLLECT (REGULAR)
PAGE # 9
�sorIWCE
wfimlo, PAGE N0.
APPROVE CITY MANAGER SELECTION OF ROLANDO
LOPEZ DIRUBE TO CREATE A MURAL FOR JOSE MARTI PARK.
AUTHORIZE CITY MANAGER TO AMEND AGREEMENT D.D.A.
TECHNICAL SUPPORT SERVICES IMPLEMENTATION OF
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
PLAN.
RESCIND RESOLUTION 83-360 WHICH AUTHORIZED CONTRACT
WITH RIC-MAN CONSTRUCTION CORPORATION FOR KINLOCH
SANITARY SEWER; AUTHORIZING MANAGER TO EXPROPRIATE
ALL OR PART OF THE BID SECURITY POSTED.
RATIFY ACTION OF CITY MANAG ER AMENDATORY AGREEMENT,
STATE OF FLORIDA EXTENDING ENTRANT ASSISTANCE PROGRAM
1982/1983 UNTIL JUNE 19,1983; FURTHER EXTENDING TO
JUNE, 1984.
APPROVE ACTION OF CITY MANAGER ENTERING INTO AN
AGREEMENT WITH H.A.C.A.D. COMPREHENSIVE MANPOWER
EMPLOYMENT SERVICES PROVISION ENTRANTS.
ALLOCATE $10,000. SPECIAL PROGRAMS AND ACCOUNTS
FOR COCONUT GROVE CARES. - -
ORDERING RESOLUTION EAST LITTLE HAVANA HIGHWAY
IMPROVEMENT PHASE 1, H-4487.
ACCEPT COMPLETED WORK -CITY OF MIAMI CONVENTION CENTER
ENTRANCE CANOPY ADDITIVE ITEM B.
ACCEPT BID-FLAGLER HOUSE RESTORATION IN FORT DALLAS
PARK.
SUPPORT ADOPTION OF METRO ALLOCATION OF FORMULA
BENEFITING CITY OF MIAMI RESIDENTS FROM REVENUES
GENERATED BY THE DISCRETIONARY SURTAX ON RECORDED
DOCUMENTS.
AUTHORIZE TRANSFER OF FUNDS $125,000 TO DOWNTOWN
DEVELOPMENT AUTHORITY TO BE REPAID WITH INTEREST
AT THE RATE OF 10% PER ANNUM.
APPOINT METRO COUNTY COMMISSIONER HARVEY RUVIN AS A
MEMBER OF THE BOARD OF DIRECTORS OF THE DOWNTOWN
DEVELOPMENT AUTHORITY.
FIRST READING ORDINANCE -APPROPRIATING ADDITIONAL MONEY
D A TRUST AND AGENCY FUND ENTITLED "SOUTHEAST OVERTOW
PARK WEST REDEVELOPMENT PROJECT ADMINISTRATION".
CONSENT AGENDA -AGENDA ITEMS 124 THROUGH 127.
(SEE LABEL 55 FOR FIRST PROTION OF CONSENT AGENDA).
ACCEPT BID -HANDICAPPED ACCESS IMPROVEMENTS PROJECT "A"
PEACOCK PARK, WAINWRIGHT PARK, VIRRICK PARK; TRI-
COUNTY CONSTRUCTION CORPORATION.
ACCEPT BID- HANDICAPPED ACCESS IMPROVMENTS PACKAGE
"B" EDISON PARK, EATON PARK, LEGION PARK; TRI-
COUNTY CONSTRUCTION CORPORATION.
R-83-652
189
R-83-653
190
R-83-654
190-191
R-83-655
191-192
R-83-656
192-193
R-83-657
193
R-83-658
193-194
R-83-659
194
R-83-660
195
R-83-661
196
R-83-662
196-197
R-83-663
97
FIRST READING 1198
99
R-83-664 IL99
R-83-665 9 199
A
1m
ci;'RsTiff8ffi A FFIIJRIDA
JULI 18, 1983 .�LUCT (REGULAR)
PAGE # 10
INANC�,
sou i&Ao, PAGE NO,
127.3 ACCEPT BID -HANDICAPPED ACCESS IMPROVEMENTS PACKAGE
"C", ROBERT KING HIGH PARK, KINLOCH PARK, FLAGAMI
PARK, P.N.M. CORPORATION. R-83-666 200
127.4 ACCEPT BID -HANDICAPPED ACCESS IMPROVEMENTS PACKAGE
"D", GRAPELAND HEIGHTS PARK, ROBERTO CLEMENTE PARK,
SEWELL PARK, ALLAPATTAH-COMSTOCK PARK; SOUTHERN
CONSTRUCTION INTERNATIONAL CORPORATION. R-83-667 200
- '4 1
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 18th day of July, 1983, the City Commission of Miami, Florida, met
at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 9:10 A.M., by Mayor Ferre with the
following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
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 Father Major who then led those
present in a pledge of allegiance to the flag.
L'PON MOTION made by Commissioner Dawkins and seconded by Commissioner
Plummer, Minutes of the City Commission meetings of April 26th, May
12th and May 31, 1983 were approved by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
1. PERSONAL APPEARANCE - MR. FRANK COBO REGARDING A RES?UEST FOR FUND-
ING FOR THE MIAMI RIVER CLEANUP.
On Pocket Items, the first one we have is Frank Cobo, on the Second Annual Miami
River Cleanup Project. Mr. Cobo.
Mr. Frank Cobo: Good Morning, Mr. Mayor and fellow Commissioners. At this time,
_ because of time --I had the understanding this was your last meeting until the
summer break --therefore I am here before you this morning without the committee
of over one hundred community leaders and persons that have been involved in
the Miami River Cleanup.
Mayor Ferre: Frank we know you are ...
Mr. Cobo: Okay! This year, we intended to salute the Caribbean and our neigh-
bors to the south. This is, of course, a major committee. We feel it is a
focus of this community of bringing together all of our people on the Miami
River. We would like to ask you for 'an increase in our funding. Last year
you were very generous and gave us S1U,OuU. 'Phis year we would like to have
about $15,000, if possible. I guess it would be smart as a politician to
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say $20,000, but we would be satisfied with $15,000. Tormorrow I intend to
appear before the Cointy Commission, requesting like figures, matching funds.
OUr budget is $31,000 this year. This is a combination of persons that have
businesses on the river, the marine interests, the community interest, and by
having us all together, I think you will see a great improvement in a river
that needs it, a river that is a vital force to this community. We would
appreciate your consideration.
---------------------------------------------------------------------------
NOTE FOR THE RECORD: Mr. Perez entered the meeting at 9:15 A.M.
---------------------------------------------------------------------------
Mayor Ferre: All right, under discussion. Mr. Manager, has Staff had an
opportunity to look at this?
Mr. Gary: No, we haven't.
Mayor Ferre: All right, we have got a problem here and we have got some very
important things coming up on requests, for example, the United Negro College
Fund, which you are going to bring up - Frank is here on this. Yesterday,
after going through the Agenda, I started adding it up. There is $200,000
worth of requests, my friend, today! Now, Mr. Manager, I would like for you
to submit to the City of Miami Commission, since we have a mole upstairs by
the name of Richard Rosichan, who is going through every scrap of of paper
he can find. Let's make his job a little bit easier, and I would like for
you to give to us, in some formal way, whenever Staff can get around to com-
piling it. How much we have distributed to fairs and social events, clean-
ups, balls, ethnic parties, parades, and so on. I am not against it. I think
it is an absolutely essential portion of making out of Miami a major vibrant
city. If we want to compete with Detroit, then we have to be like Detroit,
or better. And if we want to compete with Boston and Cleveland and Cincinnati,
than we have got to compete with those cities, and those cities spend millions
of dollars in promoting these things, but we are getting up there now, and
we need ... and Frank, please don't misunderstand. I am all for you. I think
Miami River ought to be as important to Miami as the river in San Antonio is
to San Antonio, so I am all for it....
Mr. Cobo: More so.
Mayor Ferre: .... and fully ready to support it, but I think we need to establish
a precedent of some sort here, and the number one precedent is that I think it
has to go through the Administration, and the Number two precedent is, I think
we really need eventually, Mr. Manager, to set some kind of a figure and not
do this on a time by time basis. Who can say no to the Miami River Cleanup
and who can say no to United Negro College, and who can say no to the Multiple
Sclerosis, and who can say no to the United Way, and who can no to PACE, and
you know, on, and on and on! The fact is, that we can't say no and we don't
say no, and it is beginning to be a lot of money.
Mr. Cobo: Mr. Mayor, if I...
Mayor Ferre: Wait a minute.
Mr. Dawkins: I couldn't agree more, Mr. Mayor, and I have been saying it ever
since I have been on this Commission that this is not the way to run an airline.
Anybody comes down here, and it looks more like patronage than anything else,
and this pressure group wants this and that pressure group wants another, I
complain - the Manager says "I can find the money". But, the other day, when I
wanted to juggle the Job Fair money, the Manager told me "Where do you want me
to take it from?"...So maybe now he is getting the message, that the money is
about to run out. So, I agree with you in total and I think that it is time
that we take stock and Mr. Manager, when you bring the budget before us, please
have in mind a set fee that we can use as the bottom line and when that runs
out... if that is not it, and you can find the money, put the money in it at the
very beginning. Do not tell me after you run out of money that you can find
more money, please.
Mr. Carollo: Miller, if I may, I would like to go into some past areas that
we have discussed and based on what you are talking about, and some of the
of the basic discussions we have had were just before you came on the Commission,
and before Commissioner Perez came aboard, and I was basically saying what you
.02
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JUL 181983
were saying, maybe a � _.
tie more agressively at the ti but what I proposed to
do was that we would �,.st cut, like Hialeah and other ies have done, across
the board in giving monies for a lot of these parties, fairs, what -have -you.
In fact, as I recollect, I brought it in the form of an official motion and
the support wasn't there, so I think maybe the time to consider this, would
be discussed, our new budget for the new coming year, that is the time to
bring it before the Commission, and cast the die.
Mayor Ferre: Yes, sir. All right, in the meantime... yes, sir.
Mr. Plummer: Let me give you this - two things. First, there is no provisions,
it is my understand in Metro, for even an application.
Mayor Ferre: Well, he is going down to the Metro Commission!
Mr. Cobo: Tomorrow.
Mr. Plummer: T.D.C. It will be T.D.C., not Metro Commission, okay?
Mr. Cobo: Right.
Mr. Plummer: Second of all, I brought to your attention once before, and maybe
you want to consider it again - the City of Orlando has a very good policy and
it works. That policy is, "yes", we will fund you for the first year with the
seed money, that is it. The second year you are on your own. You either
generate your own funds, or you are on your own.
Mr. Cobo: Mr. Mayor, if I may, we did not have the time to address this to
the Manager as we did last year, because we were told this was your last meet-
ing, as I indicated at the beginning. This is why, and we were just told last
Friday about this, so I have to apologize to you for not bringing it through
the Administration. This is something you did last year, and last year the
County did not fund it - did not match funds. This year, I am on the Agenda
tomorrow at 1:00 o'clock, requesting the matching funds. We have added a
lot to this. It is not just a parade and fireworks, which was added this
year to it, but it is a lot more to this, and the Governor has pledged complete
support. The marine industry is supporting us and of course, as I said before,
the users of the river.
2. DISCUSSION ITEM - FUNDING REQUEST TO BE SUBMITTED TO THE CITY
MANAGER FOR RECOMMENDATION AND POLLING OF THE MEMBERS OF THE CITY
COMMISSION.
Mr. Dawkins: All right, Mr. Mayor, I would like to make a motion.
Mayor Ferre: Yes, sir.
Mr. Dawkins: I have three groups coming before us as Pocket Items, that is,
United Negro College Fund, Sun Street Festival, seeking funds. I also see in
here where the United Way is going to ask for $15,000. One Art Ballet is asking
for $15,000, Sabines is requesting $119,000.
Mr. Dawkins: So I would like to make a motion that these requests be given to
the Manager and the Manager come up with a recommendation and those that Manager
feels are urgent, poll us by telephone and a decision will be made, and that is
my motion.
Mayor Ferre: There is a motion on the floor. You don't need a motion for that,
though. I think we can just accept that. The fact is, that we do have another
meeting, Frank, on the 28th, and we will resolve all of these pending matters
and requests for funds, so Mr. Manager, you are going to have to put somebody
almost full time for ten days to deal with this, and then come back with recom-
mendations, because there were several hundred thousand dollars of requests
coming up before us today.
Mr. Dawkins: Mrs. Baker, will you give your request to the Manager, and Mr.
Holloway, give your request to the Manager. I will not be bringing them up.
Mayor Ferre: Mrs. Baker, let me just say that I, along with, I am sure, the
rest of this Commission are fully supportive of the goals of the United Negro
College Fund, and I think the Manager will know that we are all interested in
helping him and we will deal with this on the 28th.
'03 JUL 181983
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3. GRANT REQUEST FOR GUARANTEE FOR HOLIDAY BASKETBALL TOURNAMENT
AT THE MIAMI CONVENTION CENTER TO BE HELD DECEMBER 21ST & 22ND,
1983.
Mayor Ferre: All right, we have before us the Orange Bowl Holiday Basketball
Tournament. Are there representatives of the Orange Bowl here? Yes, sir.
Mr. Chuck Little: Good Morning, Mr. Mayor and fellow Commissioners, my name is
Chuck Little with Bayside Kiwanis Club. I have with me this morning. I have
with me this morning Steven Lynch, who is the President of the Orange Bowl
Committee; Rich Walker, who is the head coach at Florida International University.
What we are proposing is a Holiday Basketball Tournament to be held at the James
L. Knight Convention Center on December 21st and 22nd of this year. It will be
four teams and be held during the holiday time as part of the Orange Bowl Fes-
tivities. What we are proposing to the City is a financial guarantee agreement
in the amount of $30,000, which we have submitted, which will allow us to con-
tract teams and go forth through the private industry to raise the funds, either
through private advertising or ticket sales to put on this tournament without
actually having to encumber- any of the City funds. We looked forward to this
as a positive event for the downtown area in Miami, and from that we are looking
to raise funds to fund our Kiwanis projects, all of which will be funded through
the City of Miami, as we have in the past.
Mayor Ferre: All right, I might say to you and Mr. Lynch and to the Couch, that
all of us in the City are very grateful for your interest in furthering athletics
in this City, and in strengthening the Orange Bowl process during the first couple
of weeks of the year, and that as you know, we are deperately looking for uses of
the City of Miami Convention & Conference Center, so anything that will further
that, is money in our pocket eventually. In addition to which, we eventually
want to have a basketball team here, and this is one good way to get enthusiasm
started in this City, so I am pretty sure that we will be supportive. Mr.
Manager, what is your recommendation?
Mr. Gary: Mr. Mayor, I would like to review their request in detail and come
back to you within ten days.
Mayor Ferre: Okay.
Mr. Little: If I might make one comment. We had proposed the tournament budget
to the Orange Bowl Committee and has been relayed to the City Manager at an 80%
attendance rate, which we felt would generate approximately $30,000 for us to
fund our Kiwanis project. In looking at the numbers, we feel that not only can
we make these numbers work, but even at a break even situation, we could break
even on this tournament and spend none of the City's money with a 60% turnout
in the house, which we febl is a very conservative estimate.
Mr. Gary: Mr. Mayor, I stand corrected. This is the item that I have been
talking to Rick Horrow about, and I support it in view of the fact that the
information you gave me is that we will be guaranteeing the $30,000, but the
likelihood of them needing that is pretty nil.
Mayor Ferre: What do you want us to do at this point? You want us to pass a
motion to that effect?
Mr. Gary: Yes, sir.
Mayor Ferre: All right, will somebody make the motion? Anybody want to make
that motion?
Mr. Plummer: So moved.
Mayor Ferre: Plummer moves. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Perez seconds. Further discussion. Call the roll.
.04
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JUL 18 1983
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The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION NO. 83-557
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH THE PROPER REPRESENTATIVES OF THE ORA14GE
BOWL HOLIDAY BASKETBALL TOURAMENT TO BE HELD AT THE MIAMI CON-
VENTION CENTER ON DECEMBER 21 AND 22, 1983; FURTHER GRANTING
A FINANCIAL GUARANTEE AGREEMENT IN THE AMOUNT OF $30,000 IN
ORDER TO ALLOW THEM TO CONTRACT WITH THE DIFFERENT TEAMS AS WELL
AS ALLOW MORE TIME FOR THEM TO COLLECT THE NECESSARY MONIES FROM
THE PRIVATE SECTOR.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
ON ROLL CALL:
Mr. Dawkins: "Yes", and if they make a profit, share it with us.
4. GRANT REQUEST FOR GUARANTEE UP TO $25,000 TO THE CITIZEN'S
CRIME COMMITTEE FOR THE PURPOSES OF GRANT APPLICATION TO
EISENHOWER FOU2:DATION.
Mayor Ferre: J. L. Plummer, regarding the Citizen's Crime Commission of
Greater Miami, requesting $25,000?
Mr. Plummer: Mr. Mayor, I sent to all of you this memo and outlining this
_ program. Basically, let me say to you that this program has been reviewed
by the Police Department. They are in concurrence, and are looking favorably.
Here this morning for a brief presentation is Ed Cole, of the Board of Direc-
tors, and Mr. Mellon, who is the new Executive Director of the Crime Commis-
sion. Let me tell you the bottom line. It is a Federal Grant, in which they
must match the monies. The Crime Commission to this point, has raised 50% of
the matching money. They must go this week with an absolute guarantee of the
50% matching grant. They are asking this Commission to underwrite, if there
were to be a deficit, it would not have to be paid for a
period of one year, and they feel without question that they will be able to
raise the additional 50% They are not asking for money. They are asking
that this Commission back them up for any deficit so that they can get that
application in now. If they don't get the application in, they will lose the
grant. I've sent you a memo. Don't you read your memos?
Mr. Gary: No, it is nothing but words!
Mr. Plummer: This is a program that is a neighborhood program, basically for
Overtown, in which it involves the citizens and the Crime Commission, okay?
Mayor Ferre: All right, Mr. Plummer, what is it you want us to do on this?
Mr. Plummer: What I would like to do is this Commission would in fact, give
that guarantee to the Crime Commission or to the Federal program, that we
will.
Mayor Ferre: Up to $25,000.
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Mr. Plummer: At this point, yes.
Mayor Ferre: All right, are the representatives of the Greater Miami Crime
Commission here?
Mr. Plummer: Yes, Mr. Ed Cole will speak and introduce, and then Mr. Mellon,
the new Executive Director.
Mr. Ed Cole: Good morning, Mr. Mayor and City Commissioners, my name is Edwin
H. Cole, I live at 46 Bay Heights Drive and I here this morning appearing as
a member of the Board of Directors of the Citizen's Crime Commission of Greater
Miami. Here is a program that Mr. Plummer just briefly described to you. It
is established by the Eisenhower Foundation, and I believe it is a great op-
portunity for the City of Miami to participate in this program. The program
is intended for Liberty City. We don't believe there will be any costs to
the City, and at this moment, I would like to take the opportunity to intro-
duce Leonard Mellon, the Executive Director of the Citizen's Crime Commission,
who can explain it to you. Thank you.
Mr. Melon: Good morning, thank you for allowing me to appear. The Eisenhower
Foundation has ten sites in the United States - ten major cities, and I've got
a commitment from them to bring the program to Miami about two months ago.
They come up with the front money, and all they ask is that the match of $50,000
be made here in the City. We have been successful so far in raising $25,000
from law firms in town. We would have raised the remainer of it, but Mott, the
particular director, who is handling it is out of town a good deal on business.
There are a couple of other cities that are competing against us who have al-
ready raised their money. I need some assurance to the Eisenhower Foundation
that the money is forthcoming. I don't ask the Commission through the City of
Miami for the money just for the underwritng assurance. I can almost guarantee
you we can raise the remaining $25,000.
Mayor Ferre: All right, Mr. Mellon.
Mr. Dawkins: Mr. Manager, didn't the State of Florida pass a tax and the money
was given to the Crime - something?
Mr. Gary: Yes, sir.
Mr. Dawkins: Okay, how much was that?
Mr. Gary: If I recall, it occurred last year, Commissioner Dawkins. The amount
of money, Commissioner Dawkins was approximately $2,500,000.
Mr. Dawkins: Okay, now why can't this $25,000 come from that fund, Mr. Gary.
Mr. Gary: Well, let me...
Mr. Dawkins: Just answer my question! I don't a lot of verbiage, as we are
trying to get through here.
Mr. Gary: Well, first of all, you spent the money last year for police and
the money will for this year continue those police. You have already spent the
money.
Mr. Dawkins: Okay, let them have the money. I move.
Mr. Gary: Now, if I may...
Mayor Ferre: All right, there is a motion on the floor. This is not a request
for money, but a guarantee.
Mr. Gary: This is a guarantee.'
Mayor Ferre: Plummer, I assume .you second it?
Mr. Plummer: Yes.
Mayor Ferre: Is there further discussion?
Mr. Carollo: The guarantee is for what again now?
Mayor Ferre: Up to $25,000, if they are not able to...
Mr. Gary: They don't get the money from the lawyers. They have already got
$25,000 for the lawyers and they have got to raise another $25,000, which they
are sure they are going to do. This is just a guarantee to the Eisenhower
Foundation that we have our match and so we can get the grant and they are
going to continue to raise money through the lawyers to pay for the $25,000.
Mayor Ferre: There is no question that the Citizens Crime Commission of
Greater Miami is something that is much needed and does a magnificent job for
this community, so I am sure we are happy to support it in this way. Further
discussion? All right, call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption.
MOTION NO. 83-558
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ISSUE A
GUARANTEE TO REPRESENTATIVES OF THE "CITIZENS CRIME COMMISSION"
FOR AN AMOUNT NOT TO EXCEED $25,000 AS 50% OF A MAJOR GRANT AP-
PLICATION TO BE SUBMITTED TO THE EIWENHOWER FOUNDATION CONDITIONED UPON
THE REPRESENTATIVES OF THE CITIZENS CRIME COMMISSION CONTINUING
THEIR EFFORTS TO RAISE THE OTHER $25,000.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
5. DISCUSSION ITEM - DONATION OF PROPERTY BY CAPITAL BANK.
(See later, same meeting.)
Mayor Ferre: The next item we have is Demetrio Perez regarding the donation
of property by Capital Bank for use by the City of Miami Police Department.
Letter from Mr. Al Rowsin of Capital Bank is attached. Mr. Perez.
Mr. Perez: What I have Mr. Mayor, is a project resolution. I don't know if
the City Attorney has the resolution here, but I have this report from the
Capital Bank in reference to their donation, and I have resolution project
by the City Attorney's office.
Mayor Ferre: Okay, well while you are looking for it, we will go to the
next one.
.07 J u L 181983
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6. FORMALIZI14G RESOLUTION - CREATION OF CHARTER REVIEW COMMITTEE.
Mayor Ferre: All right, the next item here a resolution formalizing the motion
establishing a Charter Review Committee. As you will recall, we made that in
the form of a motion and Mr. City Attorney, you need that formalized, is that
right?
Mr. Garcia -Pedrosa: Yes, sir. There is one change, Mr. Mayor, and that is
that I shall report to you instead of having the Committee report to you at the
September meeting.
Mayor Ferre: Now, this is a standard type of a thing, we are not going to get
into to...
Mr. Garcia -Pedrosa: We will three things, Mr. Mayor - eliminate obsolete
matters, reorganize for the sake of clarity and put the code in English.
Mayor Ferre: In other words, your charge is not to get into controversial
things, but just to do housecleaning. Is that the correct way to put it?
Mr. Garcia -Pedrosa: That is right, sir.
Mayor Ferre: All right, is there a motion on this Charter Review Committee?
This is 83-516. Do you have any problem with that?
Mr. Carollo: The Charter Review Committee?
Mayor Ferre: Yes, but this is for non -controversial things. This is just to
clean it up.
Mr. Carollo: Well, I will move it, but who are we going to name there again?
Can you go over the list you have?
Mayor Ferre: The list was.all of the representatives of legal groups - the
Dade Bar, the Cuban Bar, the Black Lawyers Association, and two deans of the
two law schools that we have in South Florida - one in Nova, one in the Uni-
versity of Miami.
Mr. Carollo: Maurice, let me ask you this. How vital is this to be appointed
right now?
Mayor Ferre: I'll tell you, it is thirty-five years overdue. We have an obso-
lete...I want to repeat, the charge is not to get into anything controversial -
nothing substantive, nothing major, nothing of importance. I mean importance
in the sense that it changes anything in the Charter. This is cleaning it up
for obsolete things, contradictions with the State Law, legal technicalities,
commas and...
Mr. Carollo: I would hope that that would be underlined.
Mayor Ferre: It is part of their charge.
Mr. Carollo: And that the Manager can sit down with these individuals, one
and one, before they meet and explain to them as clearly as he can that they
are not to go into some other areas that are going to be extremely contro-
versial.
Mayor Ferre: City Attorney, not the City Manager. City Manager has nothing to
do with this, other than input. Is that correct, Mr. City Attorney?
Mr. Garcia -Pedrosa: Yes, sir. That is right.
Mayor Ferre: Let the record reflect once again that this is not to deal with
anything substantive. It is strictly dealing with procedure and with legal
technicalities, contradictions between City and State law, and cleaning up the
Charter. It is not to deal with anything substantive, or structural.
.Q8 J U L 18
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Mr. Carollo: Is there a motion? There is a motion.
Mr. Perez: Mr. Mayor, I would like that this Commission be expanded to eleven
members and that our Commission has the opportunity to appoint one member from
each Commissioner to this Board, because I think that are a lot of community
affairs that I think is...
Mayor Ferre: That is exactly what we want to avoid, Commissioner Perez. What
we don't want to get involved in is in community affair problems, because the
moment you start getting into that, then you get into usbstantive issues and
then you are going to end up talking again about whether there shoulc: be a
strong mayor or a week mayor, or ten memembers of the City of Miami Commission
or five. The moment that happens, we get into trouble. All this is, is just
to clean up the Charter for the legal mistakes in the Charter. It is a tedious
task that nobody has wanted to do, and it is long overdue. Now, if you want to
get into substantive changes like in the community, I am willing to go into
that, but not today.
Mr. Perez: But, I think for example, from the legal point of view, I think
that is an important community concern. For example, we are using the Mason
book, and I think that the Roberts rules are more modern than what we are us-
ing now.
Mayor Ferre: I think that is a substantive change. I would be against these
people getting into that. That is a procedural... again, the purpose of this
Committee is not to become involved in procedural matters, or substantive
matters, or anything that changes in any way the structure of the City of
Miami. The charge is only to deal with contradictions between State Law and
City Law, contradictions between Metropolitan Dade County's Law and City
Law, legal mistakes, cleaning up the language so that it is clearer and not
dealing with anything that is either procedural or structural. To talk about
Robert's rules, or Mason's rules deals with a major procedural change. They
are not to get into that.
Mr. Perez: But, I would like to see the possibility to create a committee, or
to make some recommendations....
Mayor Ferre: I would vote for that.
Mr. Perez:.... in order to try to change some of these rules of the system
that we are all using now.
Mayor Ferre: I would vote for that, and I am all for it, but not today, be-
cause that is not what we are dealing with right now.
Mr. Perez: Okay, I move this.
Mayor Ferre: There is a second now on this motion. Further discussion?
Call the roll, please.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-559
A RESOLUTION ESTABLISHING A CHARTER REVIEW COMMITTEE TO
CONSULT WITH THE CITY ATTORNEY IN CONNECTION WITH THE
PROPOSED AMENDMENT OF THE CITY CHARTER WHICH WILL ELIMINATE
OBSOLETE TERMINOLOGY IN THE CITY CHARTER, REARRANGE ITS
SECTIONS AS NECESSARY, AND MAKE GRAMMATICAL CHANGES; FUR-
THER PRESCRIBING THE COMPOSITION OF SAID COMMITTEE WHICH IS
TO BE MADE UP OF SIX MEMBERS; FURTHER PROVIDING THAT THE
CITY ATTORNEY PRESENT TO THE CITY COMMISSION THE PROPOSED
CHARTER AMENDMENT, TOGETHER WITH COMMENTS OR RECOMMENDATIONS
OF THE CHARTER REVIEW COMMITTEE.
(Here follows body of resolution, omitted here and
on file in the Office.of'the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
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AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
ABSENT: None
Mayor Ferre: Now, I'll tell you, Commissioner Carollo, would you come back, if
you would, if you want to get into substantive issues in looking at the Charter
for changes in structure or procedure, would you meet with the City Attorney and
come back with a recommendation? I think that is something that we have to talk
a lot about and have public hearings and all that.
Mr. Carollo: I will be more than happy to do that, Mr. Mayor. I, however, would
like to state for the record that I feel that at this point in time in the City's
history, it is going to be counter -productive, extremely counter -productive, and
I will meet with the City Attorney. I will try to have as open a mind as I pos-
sibly can, but I think that this is an issue that would be best left for after
November.
Mayor Ferre: I think you are right.
7. GRANT A REQUEST FOR $35,000 FOR THE HEMISPHERIC CONGRESS OF
LATIN CHAMBERS OF COMMERCE.
Mayor Ferre: The next thing I have is Luis Sabines. Is he here?
Mr. Plummer: Bill Alexander is here.
Mayor Ferre: Is Bill Alexander here? Mr. Alexander? All right.
Mr. Bill Alexander: Mr. Mayor and Commissioners, we are here today request-
ing to help the program to have,our Chamber of Commerce Convention from all
the Hemisphere, all the countries. You know for the last four years we are
doing this event that represents a lot for the City of Miami and the community
as a whole. We request $119,000 based on the last year. We have the same
budget for the permanent secretary and also for the convention it is $35,000
and for the permanent secretary it is $84,000. We pass this information to the
City Manager and all of you.
Mayor Ferre: Mr. Manager, have you and Staff had an opportunity to look at
this request?
Mr. Gary: We have looked at the request, Mr. Mayor. With regards to the first
portion of the $119,000, which is approximately $35,000, is for the Hemispheric
Fair, or the Congress of Latin Chambers of Commerce....
Mayor Ferre: Yes, sir.
Mr. Gary: .... which was very well attended and served a good purpose for the City.
We support that up front, providing they give us a detailed budget. With regards
to the second half, which is the continuation of the Permanent SecretariatI would
like to have further review of that and come back in ten days.
Mayor Ferre: All right then, let's break this down into two motions, Captain
Alexander, so we can get part of it.
Mr. Plummer: I will move the $35,000.
Mayor Ferre: All right, is there a second?
Mr. Perez: Second. .10
JUL 181983
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Mayor Ferre: Further discussion? All right, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION NO. 83-560
A MOTION AUTHORIZING THE CITY MANAGER TO ALLOCATE AN AMOUNT
NOT TO EXCEED $35,000 FOR THE "HEMISPHERIC CONGRESS OF LATIN
CHAMBERS OF COMMERCE".
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Mayor Ferre: Now, with regards, Captain Alexender, to the second portion of
it, if you would then arrange for review by the Manager and we will try to
bring this thing up on the 28th.
8. CONGRATULATIONS AND BEST WISHES TO MR. LUIS SABINES, PAST
PRESIDENT OF LATIN AMERICAN CHAMBER OF COMMERCE.
Mayor Ferre: I would like, before you leave, to take this opportunity...
this is one that I am not going to be able to cut out on, because it is Sabines.
I don't think we want to offend him. Mr. Sabines, on Friday finished his second
term as President of the Latin Chamber of Commerce, and I would like to go on
record, and I don't mean to, in any way offend my very good friend the new
President, Eloy, but as far as I am concerned, Sabines is always my President,
so I would like to go on record of congratulating Luis Sabines for his tenure
in office, for the tremendous work that he did for this community and for his
dedication to the welfare of the people of Miami. I would like somebody to make
such a motion of commendation.
Mr. Plummer: I'd be happy to.
Mayor Ferre: Is there a second? All right, Joe seconds. Further discussion?
Mr. Plummer: President -for -life!
Mayor Ferre: All right, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION NO. 83-561
A MOTION EXPRESSING THE CITY COMMISSION'S CONGRATULATIONS AND
SINCERE GOOD WISHES TO MR. LUIS SABINES IN RECOGNITION OF HIS
TENURE OF OFFICE AS PRESIDENT OF THE LATIN CHAMBER OF COMMERCE
AND EXPRESSING GRATITUDE FOR HIS WORK AND WELFARE EFFORTS ON
BEHALF OF THE RESIDENTS OF THE CITY OF MIAMI.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
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JUL 1$1983.
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
9. CONGRATULATIONS AND BEST WISHES TO CAPTAIN WILLIAM ALEXANDER,
UPON HIS ELECTION AS PRESIDENT OF THE P.I.C. COMMITTEE.
Mayor Ferre: And now I want to also pass a resolution commending Captain Wil-
liam Alexander, who was just recently elected as the President of the P.I.C.
organization. Now, as you know, President Reagan and this Administration has
established an alternate procedure to what was C.E.T.A., and there were many,
many people - how many people in all that were selected out of P.I.C.?
Mr. Alexander: Forty-nine people.
Mayor Ferre: Forty-nine people, and out of the forty-nine people, they them-
selves selected their own President, their own Chairman, and we are fortunate
that non other than Captain Alexander, our good friend, and a good friend of
the people of Miami was selected as the President, and for that we wish to
commend you and thank you and remind you not to forget the City of Miami.
Mr. Alexander: Thanks a lot. You know, the City of Miami always is in my heart.
Mr. Plummer: No, we want it in your wallet, not in your heart!
Mayor Ferre: We want it to be in your heart and in your mind and in your vote,
and at this time, who wants to make the motion of commendation?
Mr. Carollo: I'll make the motion.
Mayor Ferre: All right, Carollo moves.
Mr. Plummer: Second.
Mayor Ferre: Plummer seconds, congratulating Captain Alexander for being selected
the Chairman of the very important P.I.C. - being selected one out of forty-nine
people as its Chairman. Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION NO. 83-562
A MOTION OF THE CITY OF MIAMI COMMISSION COMMENDING AND THANK-
ING CAPT. WILLIAM ALEXANDER ON HIS HAVING BEEN SELECTED FROM
AMONG 49 OTHER MEMBERS TO HEAD THE VERY IMPORTANT P.I.C.
ORGANIZATION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None .12
JUL 181�83
,rl
szm®'P'A3' 'STY aCi-vy -•;ry } .,;�, �.,. .. ..
r r
10. FIRST READING ORDINANCE - 3% BED TAX; ALSO APPOINTING MR.
RAUL MASVIDAL AS TEMPORARY CHAIRPERSON OF THE COMMITTEE TO
RECEIVE AND ADMINISTER THE 3% TAX.
Mayor Ferre: We have the Miami Sports and Exhibition Authority. Mr. Manager,
as you know, the Florida Legislature passed a bill, which in effect, states
that if the County Commission so wishes, and so votes for it, we will have a
three cent bed tax. The bed tax will go to the City of Miami - one third of it
will, but before the County votes for the bed tax, we must have in place an
authority. Now, it my opinion, the County will not be dealing with this
until September, but I think Number one, we need to correct the authority that
we presently have on the books, since it doesn't qualify under the record.
Secondly, I would hope that by the 28th, which is ten days from now, you
would all think of who you want as members of that authority, and come up with
recommendations so that we could select this, so we are not going to do the
selecting now, but we need to get into the technical aspects of correcting
the structure of the authority. Rick, would you explain that?
Mr. Rick Horrow: Yes, just let me give you a little background a little
further on the Legislation. The bill that passed Tallahassee required that
before the County Commission can levy any tax, or be asked to, they have to
designate an authority (create an authority) to receive and }disburse the funds
in the manner provided by the Legislature.
Mayor Ferre: No, no. Not "they - "we"!
Mr. Horrow: That the city - affected cities have to, which is Miami and Miami
Beach.
Mayor Ferre: Okay.
Mr. Horrow: Before the cities can ask for the County to levy it, they have to
create the authority. The City Attorney has analyzed the authority that you
all passed in November of 1982 and suggest that the cleanest legal way to clear
up any discrepancies regarding the old authority vis-a-vis, an authority that
needed to be created to receive County funds - the ordinance creating the
City's sports and exhibition authority that was drafted by the City Attorney
and put before you and it needs to be passed on two readings before any funds
can be received by the City for the project designated in the Legislation.
Mayor Ferre: All right, let's get an explanation from the City Attorney, and
then Mr. Manager, I will ask for your opinion and then we will get Commission
discussion.
Mr. Garcia -Pedrosa: Well, Mr. Mayor, last...I guess it was November, you
created an authority for the one -cent sales tax and what we have done in the
ordinance, is we have repealed the ordinance creating that authority, but
we have followed the same model in so far as basic composition and really
organizational housekeeping type matters. As Mr. Horrow explained, this is
a prerequisite under State Law, assuming that the County Commission approves
the tax and the authority as constituted in the document before you requires
you, a) to appoint its members, and have them serve at your will, b) to have
them submit to you their budget for your approval on official City budget
forms and a format prescribed by the City Manager. And of course, there is
the usual compliment of reports and so forth that are required.
Mayor Ferre: All right, let me ask you a question. Technically, we would,
so that we would be ready for the County when they deliberate on this in
September, we would have to pass it on First Reading today, Second Reading on
the 28th, and then, beyond that, we would have to appoint the authority.
Could we appoint the members on the 28th, technically?
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JUL IS 1900
Mr. Garcia -Pedrosa: After you pass the ordinance on Second Reading, it would
be proper for you to do so, yes.
Mayor Ferre: After we pass it?
Mr. Garcia -Pedrosa: Yes, because before that, you wouldn't have the...
Mayor Ferre: So, the procedure is, just to get it moving, is to pass it on
First Reading today, and bring it up for discussion on the 28th? Okay, Mr.
Manager, what is your recommendation?
Mr. Gary: Mr. Mayor, besides being opposed to the authority, I think the State
really did us a favor by giving us this money to allow us to build Exhibition
Center. I recommend that we move ahead and pass this ordinance so that we can
receive the money. The Commission may want to address probably a section in
this authority with regards to relationship between the City Manager as your
administrative arm in that authority, but I support it 100%.
Mayor Ferre: I've got no objections to that, Mr. Manager, and I think it
ought to be...I think the executive director ought to be the person who reports
to you and you have control over it. I have no problem with that. I think that
you know that there are a lot of cooks that cook this broth, and there are a lot
of people in the tourist industry that feel very, very protective about it, be-
cause they say that they, the hotels of Miami are going to be paying for this
tax and that they want some say. As you know, they have written in a lot of
things into it. Now, we are making an awful lot of assumptions here very early
on, and I want to make sure that we all understand. This may not happen, be-
cause as you know, Metropolitan Dade County has to vote on it, and you know,
we are only 50% of the formula. The other 50% is Metropolitan Dade County,
so all we are doing really is expediting it so that if the Metro Commission wants
to move on, we will be in the place to do it, because the law requires that we
move first before Metro moves, so that is the purpose of this. Okay, questions
or comments from the Commission? Any questions? Any comments? Is there a
motion?
Mr. Plummer: So moved.
Mayor Ferre: Is there a second? Commissioner Dawkins? Read the ordinance on
First Reading.
AN ORDINANCE ENTITLED -
AN ORDINANCE REPEALING ORDINANCE NO. 9527, ADOPTED NOVEMBER
10, 1982, WHICH ESTABLISHED THE MIAMI SPORTS AUTHORITY; FUR-
THER ADOPTING A NEW CHAPTER 52.6, ENTITLED "MIAMI SPORTS AND
EXHIBITION AUTHORITY", OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, PROVIDING FOR A GOVERNING BODY; PROVIDING
FOR QUALIFICATIONS OF MEMBERS; PROVIDING FOR THE APPOINTMENT
OF MEMBERS; PROVIDING FOR THE ORGANIZATION OF THE AUTHORITY;
PROVIDING POWERS, PURPOSES AND DUTIES OF THE AUTHORITY; PRO-
VIDING FOR APPOINTMENT, TERM, QUALIFICATIONS, GENERAL POWERS
AND RESPONSIBILITIES OF THE DIRECTOR; PROVIDING FOR AUTHORITY
TO EMPLOY LEGAL COUNSEL; PROVIDING FOR RECEIPT OF PRIVATE CON-
TRIBUTIONS; CONTAINING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
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J U L 18 1983
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Mayor Ferre: Now, Mr. Manager, how many members will this Authority have?
Mr. Gary: Nine.
Mayor Ferre: Nine. All right, I think out of courtesy, since we had a
chairman, Raul Masvidal, that we ought to appoint him, and then you would
be prepared, if you would please, to...
Mr. Dawkins: We'll appoint him temporary chairperson.
Mayor Ferre: Temporary chairperson, and come back with eight names. I
assume we would appoint him and then...
Mr. Carollo: I make the motion to appoint Mr. Masvidal temporary chairman.
Mayor Ferre: Okay, is there a Second?
Mr. Plummer: So moved.
Mayor Ferre: All right, now, would you please submit names to the Manager of
the other eight, and Mr. Manager, would you let us know who the names are
that are contenders for this, so that we can select? All right, further
discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION NO. 83-563
A MOTION APPOINTING RAUL MASVIDAL AS TEMPORARY CHAIR PERSON
FOR A PROPOSED AUTHORITY WHICH MUST BE CREATED IN ORDER TO
RECEIVE AND DISBURSE FUNDS RELATED TO THE 3fi BED TAX.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
11. GRANT REQUEST FOR USE OF FIRE STATION AT N.E. 2ND AVENUE AND
40TH STREET TO BE THE SITE OF THE BLACK ARCHIVES MUSEUM.
Mr. Dawkins: Mrs. Dorothy Fields. Mr. Mayor, we have a Black Archives who
does not have a permanent home, and I would like to move that we let the
Black Archives have the Fire Station on N. E. 2nd Avenue and 40th Street,
and we let them have it at the same condition that we let the other people
have it to make a museum out of it. I so move.
Mr. Plummer: Second.
Mayor Ferre: There is a motion and a second. Further discussion. Mr. Manager,
we are talking about one of those fire stations. Further discussion? Call
the roll.
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JUL 18 1983
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The following motion was introduced by Commissioner Dawkins, who moved
its adoption.
MOTION NO. 83-564
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO MAKE
AVAILABLE A FORMER CITY OF MIAMI FIRE STATION LOCATED ON N.E.
2ND AND 40TH STREET TO BE USED AS THE LOCATION FOR THE "BLACK
ARCHIVES MUSEUM"; SAID RENOVATION TO BE DONE ON A VOLUNTARY BASIS
BY VARIOUS COMMUNITY GROUPS, AT NO COST TO THE CITY.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Mr. Dawkins: Mr. Mayor, we also have Mr. Kimmell, who is prepared to have some-
thing to say. Go right ahead, Mr. Kimmell.
Mr. Marvin Kimmell: I am Marvin Kimmell, President of Universal Brands. We
would like to support the Black Archives and the museum.
Mayor Ferre: Wonderful.
Mr. Kimmell: And I think it is a very good cause, Mr. Mayor, so we will stand
behind as private industry.
Mayor Ferre: Thank you sir, for being here.
Mr. Dawkins: All right, Mr. Carter, Mr. Flanders.
Mr. Ralph Carter: My name is Ralph Carter, General Contractor in the City of
Miami. I would like to support the Black Archives. Our company will, if the
City does grant this wish - our company will, at cost, volunteer to build a
new fire station to replace the one that is to be given to the Black Archives.
Mr. Dawkins: No, not rebuild - you mean to refurbish it.
Mr. Carter: Refurbish.
Mayor Ferre: Wait a minute, this is not an active fire station, is it?
Mr. Gary: No, this is a fire station, Mr. Mayor, in Liberty City.
Mayor Ferre: Mr. Carter confused me, because he said he wants to rebuild a
new fire station and he threw me. What you are talking about is refurbishing
the existing place for the purposes of using it for the Black Archives, is that
correct?
Mr. Carter: That is true Mayor. I am working on my English now.
Mr. Gary: Mr. Mayor...
Mr. Dawkins: All right, Mr. Flanders.
Mr. Charles Flanders: I am Charles Flanders from C & L Tiles, and we would be
willing to do the tiles and carpets and whatnot for cost.
Mr. Dawkins: Thank you.
Mr. Gary: If I may, Mr. Mayor, because I met on a number of occasions with
Mr. Commissioner Dawkins and Mr. Kimmell. What happens is that Mr. Kimmell,
as President of Universal Brands, will do the same thing that we did at the
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Cuban Museum, where they are going to finance all the costs and these con-
tractors will do the work along with him and there is not going to be any
costs to the City to refurbish this building.
Mr. Dawkins: Also, Mr. Benjamin, who is not here, who is a Black plumbing
contractor has agreed to do the plumbing at cost.
12. DISCUSSION I'll-M - RF.QUI:S'f FOR FUNDING AND PARKING FACILITIES FOR
THE. MIA;1T JAYCEES I3RTNGING THI: "STA11:-WTD1: ,1A1'CIa:5 CONVENTION"
TO MUNT TN THE SU`DIER OF 1984.
Mr. Carollo: If I could have Mr. Bruce Hoffman, representing the Jaycees come
up.
Mr. Bruce Hoffman: Good morning Mr. Mayor, Commissioners. We have heard what
= you have already gone through as far as the earlier items. What I am here for
is asking the Commission's help in bring a state-wide Jaycee Convention to the
City of Miami in the summer of 1984. We are right now in the process of sub-
mitting a bid and we are competitive with the other bids involved, but we are
not competitive on one point. That has to do with the parking involved in
this situation. We understand there is a bond situation that will not allow
you to eliminate the parking garage charges.
Mayor Ferre: Where is this?
Mr. Hoffman: The Hyatt Regency.
Mayor Ferre: Oh, the Hyatt Regency.
Mr. Hoffman: Yes, sir, and as a matter of fact, I have Emma Cansio from the
Hyatt Regency with me here today. This would be, as I say, for the summer
of 184, but we are submitting the bid this coming August and we need to find
out whether we can get the backing of the Commission on bringing something
that will involve probably between 1,500 and 2,000 people in downtown Miami
which...
Mayor Ferre: Is this a State convention, or a national?
Mr. Hoffman: This is State. The Florida J. C.'s have a quarterly conference.
This would be one of their quarterly conferences, and we expect that with all
the men, women and children involved, it would be somewhere in the neighborhood
of 1,500 to 2,000 people.
Mayor Ferre: What do you need from us?
Mr. Hoffman: What we need, is, as I say, we are competitive with all of the
other bids. The problem that we have is that the parking charge. What we
want to do is try and offset the cost of parking, that is by, up to and in-
cluding and amount of approximately $6,000.
Mayor Ferre: Joe, what do you want to do on this?
Mr. Carollo: Mr. Mayor, I think the Jaycees have shown year after year that
they are one of the best community based groups around, not only in Miami,
but in the whole country, and I think that if what we are talking about is
bringing between 1,500 and 2,000 people... what they are going to live in the
City, just in the form of taxes alone is going to be worth much more than
$4,000, $5,000, or $6,000.
Mayor Ferre: So, do you want to send this to the Manager and have him come
back with a specific recommendation?
Mr. Carollo: Well, I think the problem that they are facing is, which was
explained to me, is that you are having a dealine, correct?
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Mr. Hoffman: Right, we have to submit the bid. We would have to know by
August 15th.
Mayor Ferre: Well, you will know by the 28th, like everybody else who has
come up here.
Mr. Carollo: Can you bring it before the Agenda, Mr. Manager, as the first
item of discussion then, on the 28th. Would that be all right?
Mr. Gary: Yes, sir. In the meantime too, I would like to ask the gentlemen
to talk to the Hyatt people, because as a part of that convention package,
usually they will give those services free just to get the business.
Mayor Ferre: That is right.
Mr. Hoffman: We have, Mr. Gary, and that is what I say, we do have somebody
from the Hyatt with us today. We haven't been able to work this problem
out with them.
Mayor Ferre: Let me tell you what the problem is, so we understand this.
The Hyatt people are trying to fill their hotel; they need to do that to make
money. Now, part of the things that they do, is they work out these things,
rooms and rates, and how many parking...now if we start setting the precedent,
let me tell you what is going to happen. If I was the Manager of the Hyatt,
here is what I would do. I would send a good representive, nice, clean cut,
all American kid down there and say, why don't you get the City of Miami to
pick up the tab for the parking. Now, when you do that, then they don't have
to pick up the tab for the parking, and they have been doing that in the
past, so the Manager needs to get into this and make sure that what we are
in effect doing is, through you innocently, is subsidizing the Hyatt Hotel.
We have got to be careful with it. You understand.
Mr. Hoffman: Mr. Mayor, this is our idea. The Hyatt has not suggested in
any way, shape or form. We have come down here to try and get the offset,
because we haven't been able to work out the parking situation.
Mayor Ferre: That is not my point. My point is, that in other conventions,
they work out...if I come to the Hyatt and I say "All right, I will bring
5,000 people to Miami and I want 450 rooms at the Hyatt, but part of the
package deal for a five-day stay is that we need three hundred parking spaces,
they work that out, sometimes. And we have just got to be careful - I mean,
I am all for it, but I think the Manager has to take a look to make sure
that we are not setting a precedent now, which is going to end up costing
the City of Miami, not in your case, but in hundreds of others that will come
before us, thousands of dollars.
Mr. Hoffman: On the other hand, from my understanding, the City of Miami rents
out the space to the,Hyatt that we use for the conference, so the City of Miami
is getting the money right back again, too.
Mr. Gary: No, it doesn't work that way.
Mayor Ferre: We have to pay. We have to pay, so we are going to have to pay
for your parking, because the bond indenture on the parking garage requires
that there be no freebies, so if you don't pay, we have got to pay. Somebody
has to pay. The question is, who pays, and the discussion now, which will
center on, is it not the Florida Jaycees, will it be the Hyatt, or will it be
the people of Miami, that is where we have to get into it. Okay?
Mr. Hoffman: Yes, sir. Thank you.
ld As J u l 18 1983
13. GRANT REQUEST OF PACE FOR THE 1984 "BIG ORANGE" FESTIVAL.
Mayor Ferre: P.A.C.E. is the next thing I have on my Agenda. These are Pocket
Items.
Mr. Steve Parsons: Thank you, Mr. Mayor. My name is Steve Parsons, residing
at 3325 S. W. 20th Street. I have my associate, Rob Globiman here also. The
City of Miami Commission on the 9th of June approved in concept support of
P.A.C.E.'s 1984 Sixth Annual Big Orange Festival. At that point you asked that
the matter be deferred to the City Manager for a recommendation for Commission
approval, and that is why we are here today. We understand the Administration's
recommendation is a $25,000 grant, a $50,000 loan to P.A.C.E. to be later paid
from their net concessions, and a $15,000 loan to pay for installation of
fencing to be repaid to the City against ticket sales for the fair event.
Mayor Ferre: Mr. Manager, does this have your recommendation?
Mr. Gary: Yes, sir, this is...
Mayor Ferre: Now, what is it specifically that you are proposing, that we grant
$25,000...
Mr. Gary: Yes, sir.
Mayor Ferre: And what else, Mr. Manager?
Mr. Gary: Grant $25,000, advance $50,000, which is to be repaid from the Gate
receipts...
Mayor Ferre: Without a guarantee from the Board of Directors.
Mr. Gary: Without a guarantee from the Board of Directors.
Mayor Ferre: That's better for you.
Mr. Gary: $15,000 for the fence, which they will also pay us back for.
Mayor Ferre: That comes from who?
Mr. Gary: From the Gate receipts.
Mayor Ferre: Okay, is there a motion on this?
Mr. Plummer: So moved.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? All right, call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption.
MOTION NO. 83-565
A MOTION OF THE CITY COMMISSION AUTHORIZING A GRANT OF $25,000
TO P.A.C.E. IN CONNECTION WITH THE "1984 BIG ORANGE FESTIVAL";
FURTHER AUTHORIZING AN ADVANCE OF $50,000 TO BE REPAID FROM THE
GATE RECEIPTS (WITHOUT A GUARANTEE FROM THE BOARD OF DIRECTORS);
AND FURTHER AUTHORIZING AN ADVANCE OF $15,000 FOR A FENCE TO ALSO
BE REPAID FROM GATE RECEIPTS.
Upon being seconded by Commissioner Perez, the motion was passed
and adopted by the following vote: 1983
.19 JUL 18 G7
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AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
14. CITY COMMISSION GOING ON RECORD TO THE T.D.C. TO LIVE UP TO
ITS FUNDING RESPONSIBILITIES.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: If I may, I would be derelict in duties if I didn't say this.
You know, we have a T.D.C., and they raise money, and it appears that these
types of activities should be paid 100% from them, because those monies come
from our hotels more than anybody else, and I would suggest that this City
Commission go on record telling the T.D.C. that they have got to live up to
their responsibilities.
Mayor Ferre: All right, I am happy to take that motion. You want to make
that motion?
Mr. Gary: Through J. L. Plummer.
Mayor Ferre: Plummer moves.
Mr. Dawkins: I second it.
Mayor Ferre: Dawkins seconds. Further discussion on the motion to the T.D.C.
Call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption.
MOTION NO. 83-566
A MOTION OF THE CITY OF MIAMI COMMISSION GOING ON RECORD AND
EXPRESSING THEIR VIEW THAT THE T.D.C. ("TOURIST DEVELOPMENT
CORPORATION") SHOULD LIVE UP TO ITS FUNDING RESPONSIBILITIES
IN MATTERS SUCH AS ONE WHERE NEEDED START-UP FUNDS ARE RE-
QUESTED BY ORGANIZATIONS SUCH AS P.A.C.E. AND OTHER LIKE
ORGANIZATIONS.
Upon being seconded by Commissioner Dawkins, the motion was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
ON ROLL CALL
Mr. Plummer: For the fourth time that we have sent the message, "yes".
.WV
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15. A PREPARED RESOLUTION COMMENDING THE CITY FIRE & RESCUE SERVICE.
Mayor Ferre: All right now, this is a resolution urging the enforcement of
the Chapter Code 33-05 of the South Florida Building Code. You have it all
before you. Now, would you explain what this is, Mr. City -Attorney:
Mr. Garcia -Pedrosa: Let me see it, Mr. Mayor.
THEREUPON, AT THIS POINT, Mayor Ferre reads resolution.
Mayor Ferre: Ladies, and Gentlemen, this comes out (now I remember) from a
letter from Mr. J. B. Spence, who has written me a rather touching letter...
Mr. Garcia -Pedrosa: Mr. Mayor, I recall the letter too. There was a lawsuit
in which...
Mayor Ferre: Let me read it into the record so that we can have this. This is
a letter that reads as follows:
"June 17. Dear Maurice: I am enclosing two clippings which indicate
a very serious problem in Dade County. The problem has to do with the
fact that large sand -piles are left on construction sites without any
protection at all for neighborhood children. There should be something
in the building code to require the contractor to protect children from
serious injury or death. We learned in the trial that is discussed in
the enclosed newspaper clipping that a sheet of plastic that costs about
$10.00 would have prevented the child's unnecessary death. The purpose
of this letter is to urge you to put into action an appropriate change
in the building code. It is needed, necessary and appropriate. I hope
you will agree with me and act promptly on this important matter."
The headline in the Miami Herald, June 17th says "$3,O00,000 awarded in sand -
pile death" and it deals with a child by the name of Jamie Taylor, who is an eight
year old, 4' 6" bundle of energy and sturdy kid, who evidently ended up falling
into a sandpile, and the poor child had suffocated. This is a major lawsuit in
this community. "Jury Awards Parents $3,000,000 in son's cave in death". That
is the Miami News. It occurred, evidently, in South Dade, so it didn't occur
within the City of Miami, but we have had similar circumstances before and all
this basically does - it is a resolution to Metropolitan Dade County, strongly
urging the enforcement of Chapter 33-05 and asking them to somehow amend, so
that we can avoid future deaths of children in sandpiles. Is there a motion?
Mr. Carollo: So moved.
Mayor Ferre: Is there a second.
Mr. Plummer: Yes.
Mayor Ferre: Further discussion? Call the roll.
.21 JUL 181983
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The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-567
A RESOLUTION COMMENDING THE CITY'S DEPARTMENT OF FIRE, RESCUE
AND INSPECTION SERVICES FOR ITS VIGOROUS EFFORT IN THE ENFORCE-
MENT OF THE SOUTH FLORIDA BUILDING CODE IN THE CITY OF MIAMI AND
URGING CONTINUATION OF ITS REVIEW OF POSSIBLE AMENDMENTS TO
THOSE SECTIONS OF SAID CODE DEALING WITH THE STORAGE OF ON -SITE
BUILDING MATERIALS; FURTHER URGING THE BOARD OF COUNTY COMMIS-
SIONERS TO CONDUCT ITS OWN ANALYSIS AND STUDY OF THOSE BUILDING
CODE SECTIONS DEALING COUNTY -WIDE WITH THE PROBLEM OF SAFE
STORAGE OF ON -SITE BUILDING MATERIALS, INCLUDING SAND, LUMBER
AND THE REMOVAL OF WASTE MATERIAL RUBBISH RESULTING FROM BUILDING
OPERATIONS.
[loon being seconded by Gominlssioner Plttmmer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins.
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
16. RESOLUTION ALLOCATING ADDITIONAL AMOUNT TO LAW DEPARTMENT FOR
PHOTOCOPY MACHINE.
Mayor Ferre: This is photocopy equipment for the Law Department. Mr. City
Attorney.
Mr. Garcia -Pedrosa: Mr. Mayor, very briefly, we ran into an problem with IBM,
because the equipment that you authorized us to get and that we did get turned
out not to meet their safety standards in terms of space.
Mayor Ferre: What is it you recommend?
Mr. Garcia -Pedrosa: Kodak, the same machine that is in the Clerk's Office,
and...
Mayor Ferre: How much does that cost?
Mr. Garcia -Pedrosa: $13.00 a month more.
Mayor Ferre: Is there a motion to that effect? $13.00 a month more, and we can
return the other system?
Mr. Garcia -Pedrosa: Yes, sir, we can rescind the previous contract and solve
the safety problem.
Mayor Ferre: Anybody want to move that?
Mr. Perez: Yes.
Mr. Plummer: Sure.
Mayor Ferre: Perez moves. Plummer seconds. Further discussion? Call the roll.
.2 2 JUL 181983
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The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 83-568
A RESOLUTION APPROVING THE SUBSTITUTION OF ONE PHOTOCOPY MACHINE
UNDER LEASE FROM INTERNATIONAL BUSINESS MACHINES CORP. (IBM) WITH
A DODAK EKTAPRINT 10OF COPIER -DUPLICATOR AT AN ADDITIONAL MONTHLY
COST OF $13.00 FOR USE BY THE LAW DEPARTMENT AND APPROVING THE
TERMINATION OF THE IBM LEASE AGREEMENT; AUTHORIZING THE EXECUTION
OF A LEASE/RENTAL AGREEMENT FOR SUCH NEW COPIER UNDER A STATE OF
FLORIDA CONTRACT; ALLOCATING FUNDS FOR THE REMOVAL OF THE EXISTING
IBM MACHINE AND FOR THE ACQUISITON AND INSTALLATION OF THE NEW
COPIER FROM THE OPERATING BUDGET FOR SAID DEPARTMENT; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT TO ISSUE NECESSARY
PURCHASE ORDERS TO CARRY OUT THE APPROVED SUBSTITUTION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
17. MOTION EXPRESSING COIU`ITSSION INTENT TO DEAL WITH FOUR
ORGANIZATIONS IN CONNECTION WITH ALLOCATION OF FUNDS FOR
JOB TRAINING PROGRAM.
Mayor Ferre: Mr. City Attorney, I note that we have one on minority procure-
ment program, which you and the Manager want to talk about. We have all these
Senior Citizens and we need to get them out of here. Now, I understand, Mr.
Batz - Leonard, tell us what this is all about so we can get all these people
out of here.
Mr. Leonard Batz: Honorable Mayor, I respectfully request that Resolution
86, for the discussion of Community Devleopment Jobs Programs Fund. It appears
there seems to be some difference of opinion of whether Senior Centers, which
were originally part of the program is now not part of the program. May I
defer to Jose Navarro, the Executive Director, who has detail.
Mayor Ferre: Mr. Navarro.
Mr. Jose Navarro: Basically, Mayor, and members of the Commission, we learned
late Friday afternoon, in a very unofficial manner, that the issue in reference
to the Jobs Bill was going to be discussed in the Agenda today and that Senior
Centers of Dade County was not being included as one of the recipient agencies.
We do not come affect or question the fact that other valuable agencies in the
community who are doing a very necessary job to serve the needs of the popula-
tion, but we come to question the rationale, perhaps for some justification as
to why the needs of the members of Senior Centers of Dade County were ignored in
the distribution of these funds.
Mayor Ferre: All right, Mr. Manager, I think this deals with the request, as
you may remember, we started out with a lot of this money going in one direction
�;?,� J U L 181983
and then Sabines and Little Havana Community Center requested some funds, and
then Demetrio Perez brought out the issue of...
Mr. Perez: Yes, that is what I thought, Mr. Mayor. I think that it is important
to remind that at the last Commission meeting that we discussed this issue, and
we instructed the Administration to meet with four institutions, with Little
Havana Activity Center, with CAMACOL, with CAMACENE, and Senior Centers. After,
I was very surprised when the Manager's office made the recommendation, they
excluded the Senior Centers from this recommendation of the $400,000 they tried
to distribute to all of the organizations without the Senior Centers. I would
like to propose today - I am very familiar with the record; I think that all of
us are very familiar with the Senior Center's efforts in this community, and I
would like to propose that we include the Senior Centers in the $400,000 that we
have, that we distribute in a fair way - a $100,000 for each one of the organiza-
tions and giving a $100,000 to CAMACOL, $100,000 to CAMACENE, $100,000 to Little
Havana and $100,000 to Senior Centers of Dade County.
Mr. Dawkins: Mr. Mayor, a point of information. Didn't we, when they had this
here...I am like Commissioner Perez, wasn't $275,000 earmarked on the Agenda
for The Senior Citizens, of this job money?
Mr. Gary: Well, that is a different program. That $200,000 is for the Entrant
Assistance Program, which is $200,000.
Mr. Dawkins: Oh, Entrant. Okay, just a point of information. Go right ahead.
Mr. Perez: Yes, but I think that it doesn't have any relation to this program.
Mr. Dawkins: I am trying to get it clear in my mind what we are doing.
Mr. Perez: Yes, CAMACOL, we already approved $35,000...
Mr. Dawkins: I agree with you. I am with you 100%.
Mayor Ferre: All right, do you want to make that in the form of a motion?
Mr. Perez: I want to make a formal motion that Item 86, in relation with the
$400,000, that we distribute the $400,000 to $100,000 to each one for the four
organizations that we recommended in the last Commission meeting, CAMACOL, CAMACENE,
Little Havana and Senior Centers.
Mayor Ferre: You remember, this is not for Senior Citizens, this is for job
training, so Senior Citizens have nothing to do with this. I know that you....
Mr. Perez: Senior Centers, it...
Mayor Ferre: .... that the people that are here are all Senior Citizens and I respect
that, but I don't wnat them all of a sudden to walk out of here thinking that they
have come down here —see, Senior Centers twenty-five years service - why are they
ignoring us and this, and they have nothing to do with this. Now, you know, I
understand that they are part of your organization, but I don't want them to leave
here thinking that we have given them $100,000 and that is going to Senior Programs.
It is not!
Mr. Carollo: Can you translate that into Spanish, Mr. Mayor?
WHEREUPON, AT THIS POINT. Mayor Ferre repeats statement in Spanish.
Mayor Ferre: My only concern, Mr. Manager, is that in a four-way division,
of these $400,000, and we get the most effective usage, because to set up four
separate training programs, a $100,000 is not very much and it goes very quickly.
Mr. Carollo: Well, what is going.to happen, Mr. Mayor, is you are going to find
that in that proposal, the majority of the money that is going to be going for
salaries for staff, instead of going out in actual for job training.
Mayor Ferre: So, I will tell you, I am...
Mr. Perez: Could you give me the opportunity, Mr. Mayor, because I think there is
some confusion on this item. Could we give the opportunity to Jose Navarro to ex-
plain what is the program, because I think that we never meet with the Little
Havana Activity Center and call the people to give this kind of an explanation.
� 4 JUL IS 1983
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I think that these people are going to receive a benefit. Why they are going
to receive a benefit, because they have Staff, they have Personnel, and if
they have a program - I am not completely familiar with the whole program
but it is important that Jose Navarro explain what is the program, because
the program is for the benefit of the seniors, of the whole community, but I
think that it will benefit the Senior Center. (COMMENTS IN SPANISH.)
Mr. Carollo: What I am going to say now is not going to have any bearing on
yourselves. I want you to keep that in mind. I am going to try to do my best
to have this Commission show some support for some of the ideas that you have.
However, my biggest concern right now is what I am beginning to see is that
there are some organizations out in the community, that the minute they heard
that there was $400,000 being assigned to the Little Havana area, the same as
some other organizations and some of the other neighborhoods, right away, you
have all kinds of people put up all kinds of programs and the bottom line is
that we are not going to give this money out, nor is it the intention of the
Federal Government, where these funds are coming from, to give these monies
out so that four or five characters can create jobs for themselves or their
families, or some of their good friends. This money is supposed to go for
job training to reach as many of the people as it possibly can that are truly
needed and for them to truly receive some job training so that then they can
possibly get a full time job. Not for a handful of people to create jobs where
they :ill be getting $15,000, $20,000 or more. This is upsetting me terribly,
what I am getting to see. Again, I hope that this Commission is beyond that,
that it is not going to assign monies to organizations that are going to end
up using it to resolve the problems of three or four of their friends and
relatives. (COMMENTS IN SPANISH.)
Mr. Navarro: May I respond to that, if I may? First, Commissioner, I would
like to clarify that Senior Centers of Dade County, Inc., a private, non-profit
agency was organized in 1958. Since 1958, we have been providing services to
the residents of this community. We have been receiving over $2,500,000 in
Federal funds during the past ten or fifteen years. We provide employment
opportunities for over eighty professional persons, as well as over one hundred
forty individuals fifty-five years of age, who are trained so that they can go
into a new profession. We have never come before the City Commission to request
funds, because we have considered that our first priority should be at the
Federal level. If we are coming today, we have come during this occasion, is be-
cause we are facing very drastic cuts, as we all know we have been generating
from the new Administration at the Federal level. The purpose, if I may clarify,
of the proposal that we submitted, it was a three -pronged proposal. Number one,
it included training opportunities for volunteers, so that when and if Federal
funds are reduced, we can have the corps for volunteers to take over some of
the responsibilities that paid staff has been receiving up to now. The
second item was dealing with home delivered milk for the frail elderly and the
handicapped residing in the East Little Havana area. The third purpose of our
proposal was to construct a therapeutic swimming pool for the benefit of the
frail elderly and handicapped. And if I may, I would like to say this in
Spanish so that the individuals present can get a complete picture of what we
are proposing. (COMMENTS IN SPANISH.)
Mayor Ferre: All right, we need to move along, but now, Pepe, let me say to you
that as good as your proposals are, I think we have very clear definitions as
to what these monies are to be used for and unless this City Commission changes
its opinion, I know that taking food to the apartments of the frail elderly is
a very important cause, but that is not the purpose of these funds, so you cannot
use these monies on that. So, I think we have to have a very clear understanding
of what the purpose is of these jobs monies. The purpose is for job training and
job opportunity. It is has nothing to do with Senior Citizens. Now, if out of
that you can get a benefit for Senior Citizens, like making a therapeutic pool,
there is no objections to the end result being something physical, which is
what we want, but I think we have to clearly understand that the purpose of this
is not as a substitute for other social service monies coming from Washington.
Mr. Navarro: Mr. Mayor, if I may, we are talking in terms of substituting, but
the construction of the swimming pool creates employment opportunities for the
individual, as well as the maintenance and...
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J U L 1819Mel
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Mr. Plummer: But, I think the point that has to be remembered, where is the
money coming for the construction? In other words, that is fine if you put
these people to work building the pool.
Mayor Ferre: You are looking at us, turkey!
Mr. Plummer: But, where is the money coming from for the construction, materials,
and the engineering, and all of that.
Mayor Ferre: That is another program they are coming to present to us next week.
Mayor Ferre: You know, the job to build it, or the jobs, and that would qualify.
But, where is money coming from for the actual construction?
Mr. Navarro: Well, actually, the budget included the total construction and
when I met with the...
Mr. Plummer: According to the Federal guidelines, you can't.
Mayor Ferre: Can't do that.
Mr. Navarro: Well, I am sorry, but when I met with the Community Development
Staff, my indication was that this was fundable services.
Mayor Ferre: Well, okay, look...
Mr. Perez: And they have approved the...
Mr. Plummer: That is where the problem has come. Someone has indicated to
them that they were funds for services. That was the program before.
Mayor Ferre: Mr. Manager, we are not going to...we are going to take an hour
here arguing about this.
Mr. Perez: They have approved a home repair program.
Mayor Ferre: Mr. Demetrio Perez, my recommendation is that to make a motion
to the Administration, indicating to them, that it is the Commission's intent
to deal with four entities with this job training. If they can deal with the
issue, and they can submit proposals that are both efficient and speak to the
intent of this Commission, then fine. Otherwise, we will have to deal with
that.
Mr. Gary: Mr. Mayor, the only...
Mayor Ferre: Yes, sir, Mr. Manager. Do you want to get into a discussion of that?
All right, Commissioner Perez moves, is there a second?
Mr. Carollo: Second.
Mayor Ferre: All right, Mr. Manager, this is in your hands then. You are going
to have to come back. You have to be either the good guy or the bad guy, be-
cause we are not going to be the good or the bad guy here, okay? Now, you deal
with the reality of the situation, okay? Call the roll.
The following motion was introduced by Commissioner Perez, who moved
its adoption.
MOTION NO. 83-569
A MOTION EXPRESSING THE COMMISSION'S INTENT TO DEAL WITH FOUR (4)
ORGANIZATIONS IN CONNECTION WITH THE ALLOCATION OF FUNDS FOR THE
JOB TRAINING PROGRAM; FURTHER STIPULATING THAT IF, AT SUCH TIME,
SAID ORGANIZATIONS CAN DEMONSTRATE THAT THEY CAN DEAL EFFICIENTLY
AND SPEAK DIRECTLY TO THE INTENT OF THE COMMISSION, THAT THEY SHALL
THEN BE CONSIDERED BY THE -CITY COMMISSION.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
^6 JUL 181983
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AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
18. AUTHORIZE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREE-
MENT WITH COOPERS & LYBRAND TO ASSIST BAYSIDE SPECIALTY CENTER
REVIEW COMMITTEE.
Mayor Ferre: All right, Commissioner Dawkins.
Mr. Dawkins: I move that we hear Mr. Weaver.
Mayor Ferre: All right, Mr. Weaver, go ahead.
Mr. David Weaver: Mr. Mayor and Commissioners, the item on the Agenda is the
recommendation that the City Commission approve the resolution authorizing the
Cith Manager to enter into a professional services agreement with Coopers and
Lybrand for an amount not to exceed $41,000. If possible, I would like to ask
Mr. Horrow to make the presentation explaining the reasons why this is important
and I would like to make a closing statement.
Mayor Ferre: All right, Rick.
Mr. Rick Horrow: Very quickly, Section 53(c) of the Charter sets up the unified
development ordinance and the provision for it requires that the City Commission
after public hearings select the appropriate C.P.A. firm, and that all proposals
have to be analyzed by that C.P.A. firm, based on the evaulation criteria in the
ordinance. On March 18th after a public hearing, the Commission chose Coopers
and Lybrand as the first rank and asked the Manager to negotiate with Coopers and
Lybrand. We have.
Mayor Ferre: Rick, let's get right to it! What is it you want?
Mr. Horrow: $41,000 professional services agreement, ups that limit.
Mayor Ferre: All right, it has to be done that way?
Mr. Horrow: It has to be done that way in order for us to move on with our
bayside.
Mayor Ferre: Mr. Manager, do you recommend this?
Mr. Gary: Yes, sir.
Mayor Ferre: Is there a motion?
Mr. Carollo: So moved.
Mayor Ferre: Joe Carollo moves. Dawkins seconds. Further discussion? Call
the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
•27 JUL 181983
4 6
RESOLUTION NO. 83-570
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PRO-
FESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE FORM
ATTACHED, WITH THE CERTIFIED ACCOUNTING FIRM OF COOPERS AND
LYBRAND IN AN AMOUNT NOT TO EXCEED $41,000 TO ASSIST THE
BAYSIDE SPECIALTY CENTER REVIEW COMMITTEE IN PERFORMING ITS
ASSESSMENT AND ANALYSIS OF THE REQUEST FOR UNIFIED DEVELOP-
MENT PROJECT PROPOSALS FOR THE BAYSIDE SPECIALTY CENTER AND
TO PREPARE AN INDEPENDENT FINANCIAL AND ECONOMIC REPORT TO
THE CITY MANAGER AS REQUIRED BY THE CITY CODE, WITH FUNDS
THEREFOR ALLOCATED FROM THE MARINA TRUST FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins *Although absent on roll call, Vice -
Commissioner Demetrio Perez, Jr. Mayor Plummer later requested of the
Commissioner Joe Carollo City Clerk to be shown as voting with
Vice -Mayor J. L. Plummer, Jr.* the motion.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Mayor Ferre: Mr. Weaver, do you want to make that closing statement?
Mr. Weaver: My closing statement is thank you, gentlemen.
Mayor Ferre: Further discussion?
Mr. Perez: Mr. Mayor, could I ask the Manager does this contract have any bidding
process in order to...
Mr. Gary: Yes, there was a bidding process. Yes, we had a bidding process,
Commissioner.
19. PERSONAL APPEARANCE - SGT. SMITH, MIAMI POLICE DEPARTMENT.
(NOTE: OATH ADMINISTERED BY CITY CLERK IN CONNECTION WITH
THIS MATTER.)
Mr. Dawkins: Mr. Manager, would you call Sergeant Eddie Smith to the podium,
please?
Mr. Gary: Sergeant Smith, please come to the podium.
Mr. Dawkins: Mr. Manager, and members of the Commission, I have Sergeant
Smith here. Would you put Sergeant Smith under Oath, please?
Mayor Ferre: Go ahead, so it is legal. Mr. Clerk, would you swear in Sergeant
Smith? This is voluntary on your part, Sergeant?
Sergeant Eddie Smith: Yes, it is.
Mr. Ongie: Do you solemnly swear that the evidence that you are about to give
in this matter will be the truth, so help you God?
Sgt. Smith: I do.
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Mr. Dawkins: Mr. Mayor, and Manager and members of the Commission, as you know
I have been against members of the Police Department being abused. I've sat
here and watched the Sergeant who was in charge of the Latin police, who came
up with a problem and we didn't do anything about it. Now I find that Sergeant
Smith is being harassed, and I personally believe that it because of his union
activities. Sergeant Smith, since you are under Oath, will you tell us your
problems.
Sgt. Smith: Comissioner Dawkins, at this time, I don't have this packet com-
pletely completed.
Mr. Dawkins: I don't need a packet. Just give us verbally what your problems
are.
Sgt. Smith: Well, basically, since I have been involved with the Miami Community
Police Benevolent Association, I have constantly received some attention which
I feel is unnecessary due to the fact that I am President of the MCPBA. In the
form of an evaluation, they have constantly been "need improvement" in areas
that I know I performed in a satisfactory manner. The one before the present
one, the Deputy Chief, on patrols, saw fit to change it back to satisfactory,
after two or three months of negotiating back and forth, and I find it a very
stressful situation to work under and to do my job in a satisfactory manner.
Mr. Dawkins: How long have you been on the Force?
Sgt. Smith: Nineteen years.
Mr. Dawkins: Prior to your becoming head of the Police Union, were your evalua-
tions favorable?
Sgt. Smith: Usually they were very good.
Mr. Dawkins: I brought this to the attention of the Commission in that I feel
that this man is being discriminated against. It is bad enough for him to be
harassed in the Black community as a policeman, and having a job to do without
having to work in a stressful situation. Mr. Manager, I wish that you would
investigate this and report back to me, whether this is true. And if it is,
what steps you will take to correct it, sir.
Mr. Gary: Yes, sir.
Mr. Dawkins: Thank you, Sergeant Smith.
20. DIRECTING THE CITY MANAGER TO FIND FUNDS REQUESTED BY THE
ALLAPATTAH MERCHANTS' ASSOCIATION IN CONNECTION WITH THEIR RE-
VITALIZATION EFFORTS IN THE N. W. 36TH STREET AREA.
Mr. Dawkins: Mr. Ralph Packingham, Allapattah Merchant's Association?
Mr. Ralph Packingham: Mr. Mayor, City Commissioners, my name is Ralph Packing -
ham, I am the President of the Allapattah Merchants' Association. I am happy
that you allowed me to address you this morning concerning our situation at
the Merchants' Association. We are here asking to be refunded for Administrative
use to tune of $50,000 again this year. Now, we have been funded by the City.
This will be the third year.- Our accomplishments have been - we have brought
in nine new businesses into the area. We have Central Bank, Dade Federal
Savings, as well as Amerifirst, cooperating with us. We have reached the
point now with the rapid transit station site. We are in the midst of getting
the feasibility study done by Mr. Holland, which you passed a resolution to
accept as the developer. We have also worked with Mr. Holland. We had a meet-
ing with him last week. He gave us a time table of 90 days for the completion
of his work. We cannot continue working this project without the funds that
is necessary for Administrative staff. One other thing - we have been the
legal body for the Allapattah area since 1948.
Mr. Plummer: Mr. Gary, is this one of the new toters?...because he looks
overweight. (LAUGHTER) Excuse me, I am sorry, sir.
ld 29 JUL 18 1983
Mr. Packingham: As I was saying, we have been the legal constituted body in
Allapattah since 1948, and we have been a totally active body of merchants
in that area. We have also created a crime watch...
Mr. Dawkins: Tell us what you want, so we can go.
Mr. Packingham: We need $50,000 for Administrative staff.
Mr. Dawkins: Okay, Mr. Gary, Ms. Gallogly evaluated this group and said
that they should not be funded. Would you care to hear from her?
Ms. Gallogly: The $50,000 is tied to the receipts by the Allapattah Merchants'
Association, of a grant from UMTA. Currently, Allapattah Merchants' Association...
Mr. Dawkins: May I ask you a question? Why is theirs tied to an UMTA grant when
non other in the City of Miami are tied to an UMTA grant?
Ms. Gallogly: Commissioner Dawkins, Allapattah Merchants' Association has been
a community based organization in our community for the past two years in terms
of receiving funding from the City of Miami through the Community Development
Block Grant. We did not recommend this organization for the regular economic
program beginning July 1. In fact, you came to a conclusion as a body that you
wanted to utilize the N. W. 20th Street Merchants' Association, which is now
renamed the Allapattah Development Authority.
Mr. Dawkins: I have a problem with that. Mr. Gary, will you see that this
organization, which works north of 20th Street gets some funding and that the
organization that Ms. Gallogly is speaking about, that works south of 20th
Street, gets funded. Can you arrange that, sir?
Mr. Gary: I'm earning my pay today. Let me just explain, first of all, we have
had competition between these two organizations, I guess for the last...
Mr. Dawkins: Ever since they existed. We have competion against all of them,
Mr. Gary. We had the Little Havana groups; we have got four of them competing.
We have got the Wynwood area competing; we have got the Haitians who came in
who are competing with Edison Center. So, competition seems to be good for the
soul.
Mr. Gary: Can I suggest, Commissioner, that we authorize a grant for them,
conditioned upon the fact that they have got to get the UMTA grant first, before...
Mr. Dawkins: No, sir. I will not buy that, Mr. Gary. You didn't put those
conditions on no other C.D.
Mr. Gary: Well, the reason I am saying that, and I have been consistent in
my comment, is that, I think we have been saying that, and I have been consis-
tent in my comments, is that I think we have too many C.B.O.'s and to put two
C.B.O.'s in this area, in my estimation, is what I said all along, is over
concentration of C.B.O.'s in this particular area.
Mr. Dawkins: I have no problem with that, but You have one in Little Havana,
and we have got one in Edison and they are close together, why didn't you
come up with the solution not to fund those two?
Mr. Gary: You changed the map of the City on me. Little Havana...
Mr. Dawkins: No, Mr. Gary, I do not buy that. May I make a motion?
Mayor Ferre: Yes, sir.
Mr. Dawkins: That this Commission order the Manager to find some money to fund
this organization to be about developing the 36th Street area, because they have
worked on 36th Street. They are trying to revitalize 36th Street, and I do not
believe the rug should be yanked out from under them now.
Mr. Plummer: Are you saying to report back in next Commission meeting? I
second it.
Mr. Gary: Why don't you just vote and do what you want to do right now?
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Mr. Carollo: Wait a minute. Dawkins said something and the translator said
something differently. Now it is being to feel like Abbott and Costello -
who is on first?
Mayor Ferre: The motion, as I understood it was that the Manager look into
this and come back with a recommendation.
Mr. Carollo: The motion as Dawkins stated was for him to come back with the
funds. As Plummer interpreted, he interpreted the Manager should look into
it, which is different than what Dawkins stated.
Mr. Plummer: No, no.
Mr. Carollo: Dawkins instructed the Manager to find the funds.
Mr. Plummer: No, what Plummer said was to come back in the next meeting,
telling us where the funds would be coming from.
Mr. Carollo: In other words, you are in favor of the motion that he has to
find the funds?
Mr. Plummer: Yes, and tell us where they are coming from.
Mr. Carollo: Okay now, Ms. Gallogy, if I may, I need your input in this. What
is your recommendation in this matter again?
Ms. Gallogly: We would recommend that Administrative dollars be provided to
the Allapattah Merchant's Association, upon the receipt of the grant from UMPA,
which is a $1,200,000 grant to acquire land in the 36th Street corridor to
build a shopping center. The Dade County Commission will be reviewing that
tomorrow and forwarding it to UMTA. As soon as we get response from UMPA, it
would be at that time that we would take a look, you know, at the total budget
needs and make some recommendations to you.
Mr. Carollo: Fine. If I may make a substitute motion to go ahead with the
recommendations that Ms. Gallogly and the Administration has given, and until
we hear from UMTA,...in other words, wait until we hear from UMTA until we
decide what to do on this item.
Mayor Ferre: All right, we have a motion on the floor which is duly constitu-
ted and we now have a substitute motion. Is there a second to the substitute
motion of following the Manager's recommendation? All right, hearing no
second, then that technically dies.
Mr. Dawkins: The other pocket item I have deals with...
Mr. Plummer: Wait a minute.
Mayor Ferre: We have a motion on the floor. We have to vote on it.
Mr. Dawkins: what happened to the substitute?
Mayor Ferre: Well, he made a motion, and the motion was to follow the Manager's
recommendation, okay? But, obviously there was not a second for that, so we are
now back to the first. All right, call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption.
MOTION NO. 83-571
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO FIND THE
DOLLARS REQUESTED BY THE "ALLAPATTAH MERCHANTS' ASSOCIATION"
BEFORE THE COMMISSION ON THIS SAME DATE, WHICH ASSOCIATION HAS
BEEN CONCERNED WITH REDEVLOPMENT AND REVITALIZATION EFFORTS IN
THE N. W. 36th STREET AREA; FURTHER REQUESTING THAT THE MANAGER
COME BACK WITH HIS RECOMMENDATION AS TO THE SOURCE OF THOSE FUNDS.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
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AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
NOES: Commissioner Joe Carollo
Mayor Maurice A. Ferre
ABSENT: None
ON ROLL CALL:
Mr. Carollo: Well, I'd like to help this group out, but I think we are jumping
the gun until we hear if there is funding or not from UMTA, I think we are ex-
tremely premature to tell the Manager to go and find funds from some other area,
therefore, I have to vote "no".
21.. CONDOLENCES ON DEATH OF FEDERAL AGENT EDDIE BENITEZ.
Mr. Carollo: At this time, Mr. Mayor and members of the Commission, I'd like
to bring up a resolution expressing the deepest sympathy and sincerest con-
dolences of the City Commission on behalf of the City of Miami and its citizens
to the family and friends of agent Eduardo (Eddie) Benitez upon his death. If
the City Attorney could read the full resolution, I would appreciate it.
AT THIS POINT, Mr. Garcia -Pedrosa reads resolution into the Public Record.
Mr. Carollo: I so move.
Mr. Plummer: Second.
Mayor Ferre: Further discussion?
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-572
A RESOLUTION EXPRESSING THE DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY OF
MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF AGENT
EDUARDO (EDDIE) BENITEZ UPON HIS DEATH.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
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22. DISCUSSION ITEM CONCERNING POSSIBLE IMPOSITION OF MANDATORY
LIFE SENTENCES OF PERSONS WHO SHOOT POLICE OFFICERS.
Mr. Carollo: Mr. Mayor, I would like to bring up an additional resolution re-
lating to the one that I just made, and even thought his Commission has got a
record in the past to try to get the Legislature to impose the Death Penalty
when any Law Enforcement Officer is killed in the line of duty, I think we
should go further in that and I would like to make a resolution requesting of
the Legislature and at the same time, requesting of our Lobbyist in Tallahassee
to impose a new State wide law that would make it a mandatory life sentence for
anyone that shoots, or in any way injures a Law Enforcement Officer during the
course of his duty.
Mayor Ferre: All right, Commissioner Carollo, this is a... in the first place,
let me say that I am philosphically in favor of what you are trying to do. This
is a serious subject, and we don't want to... in my opinion, we don't want to do
this on a pocket item kind of a basis. The session is over, there is no Legis-
lative session. The Legislature is not meeting anymore. Rick Sisser has nothing
to do about it, because what is he going to do? There is no sense...
Mr. Carollo: Well, he is our Lobbyist, Mr. Mayor. He could certainly lobby
for us.
Mayor Ferre: Lobby who? There is nobody to lobby. They are gone.
Mr. Carollo: Well, they are gone, but they will be meeting again and I think
that should be on record.
Mayor Ferre: They will be meeting in April of next year. Whut I am saying is,
for goodness sake, put it in writing and give us...
Mr. Carollo: Mr. Mayor, fine. If you don't want me to bring it up, I will with-
draw it.
Mayor Ferre: I want you to...
Mr. Carollo: I will withdraw it, Mr. Mayor! That is fine!
Mayor Ferre: Want you to bring it up on the 28th.
Mr. Carollo: I will withdraw it.
Mayor Ferre: And I am telling you right now that I am all for it, but I think
it is just...
Mr. Carollo: Mr. Mayor, I will send a letter by myself. You don't have to in-
clude your name. If any of the other members of the Commission would like to
include their names to that letter, or send one of their own, they are more than
welcome to, but I think that this Commission, this community has to go on record
that we are not going to let scums that are involved in the trade of narcotics
get away with harming any of our Law Enforcment Officers.
Mayor Ferre: And I agree with that.
Mr. Carollo: And I think that we have to place in the record that this Commis-
sion, this community wants to go beyond just waiting for one of our officers to
get killed before we impose a lifetime sentence, or a death penalty on this. I
think we should make it clear that any individual involved in the trade of
narcotics - that if they bring any harm whatsoever, any physical harm to any
Law Enforcement Officer, they are.facing a life sentence, period. So, I will do
that on my own, Mr. Mayor, and I appreciate your interest.
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JUL IS 1988
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Mayor Ferre: No, no, sir. I will ... Mr. City Attorney, as Commissioner
Carollo does not want to do it, I will do it formally. I instruct you to
put this on the Agenda at the next Commission meeting in a formalized reason
thought out way. This is much too important an issue for us to do, you know,
out of a pocket item. It is a very important issue! Would you please put it
on, after you have formalized the proper legal language, bring it up at the
Commission meeting for a vote on the 28th. That is all I am asking! All
right, is there...
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
23. BRIEF DISCUSSION ITEM - NEW UNIFORMS, TRASH COLLECTION SERVICES
IN CITY OF MIAMI AND BLOCKING OF STREETS.
Mr. Gary: If I may, on the light side. We are in the process of trying to
improve the appearance and the safety of all of our City workers, and one of
the areas we have started in, in that of Sanitation and I would like for Mr.
Clarence Patterson to stand up in the back and come up front. We have now
ordered new uniforms, which all of our Sanitation workers will have to wear,
which is the standardized uniform, something that they can wear in the summer
and in the winter. We also provide shoes for them, as well as a weight belt
to remove the injuries. We couldn't get a belt to fit Clarence, so he
doesn't have one on. (LAUGHTER) Oh, he has one! So we got the weight belt,
so that as they lift, they won't hurt themselves. We have a jumper suit, which
now has a label, and on the back we are going to have the City of Miami, which
all of our workers are going to be wearing, and if you notice, we have also
given them additional money to buy these types of shoes to protect their feet,
so nothing will fall on them, and we have a cap, and we worked this out in
conjunction with the Unions, and I must admit, that the Union has worked
cooperatively with us in improving the appearance and the safety of our workers.
I would like to say that we plan to go even further than that and even put uni-
forms on our Inspectors so they can be identified and people that we are out
there working hard.
Mayor Ferre: Thank you.
Mr. Plummer: Question. Is the uniform included for all of the Union workers,
all of the gold, the sunglasses, the...
Mr. Gary: Only if they become directors! (LAUGHTER)
Mayor Ferre: All right, Commissioner Plummer, do you have...?
Mr. Dawkins: I've got two more.
Mr. Plummer: Well, one of mine pertains to Mr. Patterson, so Mr. Patterson,
don't leave, please. Very quickly, Mr. Gary, I am receiving complaints that
Mr. Patterson has Inspectors out, rightfully so, trying to keep this a cleaner
Miami and a cleaner place to live. Let me tell you what the problem is. The
problem is that the trash is only supposed to be put on on the streets the
night before delivery, okay? Now, the problem is, they are not keeping to the
schedule. They are two, three, five, seven days late. Now, what is the night
before? This person who called me said they had their grass cut, put it out
there because they were supposed to pick up the next day. They didn't do it,
and Inspector came by, wrote them a notice of violation, sold them a sign for
$7.50 - Don't throw your trash here, put it on your neighbor's yard and let
him get the violation. I think there is a problem here that needs to be
addressed. Now, where is the en4 of the line? You know, if we were keeping
to a schedule that we would all'Tike to see, that is one thing. But, my under-
standing is, according to what I receive in the way, is that we are running
two, three, four, five days late. As such, how does the person know what is
the night before?
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JUL 18 1900
Mr. Gary: Well, let me explain it this way. First of all, I've got to look
in their particular case and I will get that from you. Secondly, we are on
schedule. The third thing is, the only time...
Mr. Plummer: That is not true. That is not true at all.
Mr. Gary: Well, if you will let me finish. The only time we aren't on
schedule, Commissioner, is during inclement weather, and we have had some and
we are about two days off schedule. The Inspectors are instructed, when we
are one or two days, or whatever the time is behind, not to issue a citation,
and will look at that particular case and if that did occur, we will rescind
the citation.
Mayor Ferre: All right, Mr. Patterson, while we are on you, and I just want
to repeat on the record - the other day, along Tigertail, which is an arterial
street, two trucks were side by side, one with the crane and the other one was
picking up. Now, I sat there for ten minutes while these guys picked up the
trash. Finally, after a lot of tooting of horns and people angry, they turned
around (there must have been twenty-five cars backed up behind me) they finally
ended up turning around and going out. In the residential street, it is one
thing. When you get on arterial streets like Bayshore Drive or Tigertail or
places like that, you cannot have two trucks side by side totally blocking
off traffic for a ten minute period. So, I would recommend that you institute
regulations that you can block traffic for five minutes, and then the truck has
to back out, let the traffic through and then come back again. I am sorry, it
is going to take longer to do your job, but I think the ill will that is
created by blocking off traffic like that is just unbelievable. It says City
of Miami and those fellows could care less; I mean I don't care what any... they
just keep on doing —people yell at them, tell them to get out of the way, you
are blocking traffic for ten minutes, they don't care! See, I sat in my car,
I didn't want to pull rank on them and all. I just sat there quietly until
it was all over, but it was more than ten minutes.
Mr. Clarence Patterson: Mr. Mayor, I concur with you on the situation that
occurred. It was absolutely unnecessary. We can assure you that it won't
happen again; that we never stop both lanes of traffic on any major arterial
roadway under no circumstances.
Mayor Ferre: Well, they do it all the time. You and I have been through
this before.
Mr. Patterson: Yes.
Mayor Ferre: About a year ago on Bayshore Drive - now it is occuring along
Tigertail, and I think we need to be careful about how we deal with that.
Thank you.
Mr. Patterson: We concur with that.
24. DONATION OF PROPERTY BY CAPITAL BANK IN THE LIBERTY CITY AREAS
TO BE USED FOR EITHER A POLICE SUBSTATION OR SOME OTHER USE.
Mr. Dawkins: Mr. Mayor, the other pocket item that I have is you instructed
me as a committee of one to visit the Capital Bank Building to inspect the
space that Capital Bank wanted to donate to the City of Miami for a Police
Station. I visited the facility. It is much too large for a Police Station.
In my opinion, it is much too valuable a piece of property to put a Police
Station in, and then I went to the neighbors and the people in the vicinity
and I have a letter, which I will pass to you of the Edison Model City Mer-
chant's Association, and they are against a Police Substation. Mr. Mason, will
you come up and express the views of the the Edison Center Model City Merchant's
Association on the Police Station, please? Or what we got out of our meeting,
the general consensus? Not your opinion, but the general consensus of the
people who were at the meeting. Your name and address, please, for the record.
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JUL 18 1983
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Mr. Samuel Mason: Samuel Mason, Executive Director of Martin Luther King Economic
Development Corporation, 6116 N. W. 7th Avenue. The consensus of the community in
terms of the substation, it was voted that the substation was the bottom line.
The minutes in the record will show in terms of that issue.
Mr. Dawkins: The bottom line - you said something, but I don't know what you
said.
Mr. Mason: It was put to a vote to the community what they wanted.
Mr. Dawkins: Yes.
Mr. Mason: And they stated that they wanted a substation in that area.
Mr. Dawkins: But a storefront substation, or a substation?
Mr. Mason: They said a substation, built from the ground up.
Mr. Dawkins: Not a storefront. That was what I was trying to get. Okay, thank
you, sir. So, Mr. Mayor, even though the Capital Bank is desirous of donating
space for a substation, the area residents do not want a substation in that
area, so that is my report.
Mr. Plummer: No, they want a substation; they don't want a falsefront.
Mr. Gary: They don't want a storefront.
Mr. Perez: Mr. Mayor, I have here a letter from Capital Bank, and we have here
a representative - the legal representative - from the bank in reference to the
donation. I was out of town, but in accordance with this resolution, I think
that the intention of Capital Bank is to donate the property through the Martin
Luther King Economic Development, no?...in order to be an eligible sponsor to
qualify with all of the Federal regulations and I would like to give the oppor-
tunity to the legal counsel.
Mayor Ferre: Yes, sir. Mr. Rozen.
Mr. Perez: And that is the resolution that we have.
Mr. Alan Rozen: My name is Alan Rozen, 1030 - 14th Street, Miami Beach. I am
legal counsel for Capital Bank. Capital Bank's intention here was to donate the
property that is adjacent to the Edison Center Branch of Captital Bank on N. W.
7th Avenue for use as part of an effort that is taking place in that area to
revitalize that neighborhood, and the idea that was initially discussed was
that it might be useful to the City of Miami Police Department, perhaps for a
training program. I think there were several possible uses that were being
discussed at that time.
Mayor Ferre: Mr. Rozen, let me ask you a question. You are talking about
the transfer of fee title to the property.
Mr. Rozen: Thank is correct.
Mayor Ferre: Now, let me ask you a second question. Does that mean, are
there conditions? Suppose the City Commission decides to use that property,
say for a park.
Mr. Rozen: The arrangement, and I don't believe we have worked out all of
the details, but Capital Bank was also interested in taking advantage of the
corporate tax credit program that exists under Florida Law....
Mayor Ferre: Yes.
Mr. Rozen:.... in which the bank can give that property to an eligible entity
for an appropriate prupose. .
Mayor Ferre: I understand.
Mr. Dawkins: As the Mayor says, if you are going to give it to us, why do
you designate what we must use it for?
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JUL 18 1983
Mr. Rozen: No, the intention is...
Mayor Ferre: See, they may not. That is my question. Are you intending to
give it to us with a specific purpose, or are you letting us decide what the
use of the property is going to be used for?
Mr. Rozen: The donation, the intended arrangement for that donation was for
title to be transferred to the Martin Luther King Economic Development
Corporation.
Mayor Ferre: I understand.
Mr. Rozen: And then for a lease to be prepared with the City of Miami or with
the Police Department for some mutually agreed upon purpose.
Mayor Ferre: Okay, but the point is...
Mr. Rozen: But the title would not be passing to the City of Miami. It would
be to this non-profit area.
Mayor Ferre: Understand. The question therefore is, is there any pre -condition?
It may be - you see, I talked to the City Manager about this and his thought is
that if we are going to put up a either a police storefront or a substation,
either/or, that there are better places to serve the community and the Police
Department than this proposed location. Now, that doesn't mean to say that we
are not very grateful to you for your generousity and it doesn't mean to say
that we don't want to cooperate and accept it. It does, but I think we have to
understand where we are coming from, and if you are going to give it to the
Martin Luther King for your tax purposes, we need to understand that it is not
predetermined or preconditioned that there be a police substation in that
particular property.
Mr. Rozen: We have no problem with that.
Mayor Ferre: Understood, okay.
Mr. Rozen: I think we would all like to have a identifying use that would be
acceptable to all parties. It is an area that is coming back and we are very
excited about the possibilities there.
Mayor Ferre: We are too, and we are very grateful for your generousity and
that of Abel Holtz.
Mr. Rozen: Thank you very much. We ask your support for the resolution which
is essential for...
Mayor Ferre: Let me read into the record a resolution, which I think it is a
non -binding thing at this point.
THEREUPON, Mayor reads resolution into the record.
Now, the conclusion is,
"It is therefore resolved by the Commission of the City of Miami hereby
supports and endorses the efforts of the Martin Luther King Economic
Development Corporation to establish a thriving business corridor on
along 7th Avenue and 58th to 64th Streets".
Now that is general in its terms. And Number 2,
"The City of Miami hereby finds the fostering of business and rehabili-
tation of commercial structures in said corridor by the Martin Luther
King Economic Development Corporation to be consistent with local plans".
That's okay. Then it says:
"and regulations based upon the project described, provided to the City
of Miami by the Martin Luther King Economic Development Corporation".
And three,
"This resolution shall take effect immediately".
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So in effect, it doesn't tie us to anything, and I think this is a very good
resolution. No problem with this. Who wants to move it?
Mr. Perez: I move.
Mr. Plummer: Second.
Mayor Ferre: Demetrio Perez moves. Seconded by Plummer. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 83-573
A RESOLUTION SUPPORTING AND ENDORSING THE CONCEPT OF THE
DEVELOPMENT OF THE NORTHWEST 7TH AVENUE BUSINESS CORRIDOR
BY THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION
AS BEING CONSISTENT WITH LOCAL PLANS AND REGULATIONS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
25. PERSONAL APPEARANCE - LILLY KITTERIEL REGARDING NEEDED CLEANUP
OF CERTAIN AREAS OF THE CITY.
Mr. Dawkins: The other one is - Ms. Kitrell, is she here? Will you come up
please. Ms. Kitrell has a personal problem she would like to discuss with us.
Your name and address for the record.
Dr. Lilly Kitrell: My name is Lilly Kitrell and I live at 1904 N. W. 4th
Court. I would like to address my problem this morning to the City Commission,
Manager concerning Miami where I live at. It is a place that I love. I was
born and raised in Miami. I only left there about four years when I was
married. I went up to Georgia with my husband with Morton
Construction and came back here. So now, my problem is, since the City Com-
mission has seen Miami being torn up like it is, it seems like they are not
going to do anything about it. It is the worst city, I believe in the
United States and I have traveled around, but since you all have made it
possible, torn out all those houses, made expressways, different things, left
vacant lots, left all kinds of grown up grass, vandalized around there,
children getting hung up around there, a lot of robbing and stealing and
killing going on around there, so, if you are not going to build anything
else in that place where you have torn down, why not sell it back to us?
Why not put a price on the land. A lot of us would like to move back in there
where we had left from, because,we love that place and two, I would like to
say this. We didn't ask for it. We really didn't want it to come through
there, that expressway and if any of you all have walked or have rode over
in Miami going on 14th Street before you get to 3rd Avenue on the expressway,
that is...
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JUL 18 1983
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Mr. Dawkins: I understood you to say that you were interested in our cleaning
up the City, is that correct?
Ms. Kitteriel: Yes, I am.
Mr. Dawkins: All right, well, will you tell us how you can do that, please?
Ms. Kitteriel: Hiring people to do it! When you said the CETA program was
looking for youngsters to work during the CETA program, you have enough in
the City of Miami to hire a thousand youngsters and they would be cleaning
up a year if you want to clean it up like it is supposed to be. It is too
much, it is too dirty already. It is too nasty over there. It is not
fit for people to live. And then you would like to know what has happened
to our young people when they are laying down in the same thing every night.
It is getting up in the same thing every morning. It is smelling the same
old filty mess like that. I think it is a disgrace to leave Miami like
that. I think the City should take take some of this into their own hands
and at least you could have the lawns - the weeds mowed down, the grass and
everything like that going out.
Mr. Dawkins: All right, do me a favor, then.
Ms. Kitteriel: Yes, I will.
Mr. Dawkins: Get with my aide give him some addresses, and what have you,
and I will get back to you on how we can do what you want done.
Ms. Kitteriel: All right, I appreciate it, very much.
Mr. Dawkins: I appreciate your taking the time to come down here to bring us
the problem.
Ms. Kitteriel: Yes, there is another thing 1�.would like to say. I would ask
any of these City Commissioners to ride with me, or walk with me through Miami,
you can see for yourself. There is no need for things to be torn down like that.
Mr. Dawkins: We are all aware of it.
Ms. Kitteriel: Thank you very much.
Mr. Dawkins: Thank you, Ma'am.
_ I
26. PERSONAL APPEARANCE - REVEREND KIND OF THE DIVINE MISSION
CHURCH REGARDING A ZONING VIOLATION.
Mayor Ferre: All right, Commissioner Plummer.
Mr. Plummer: Mr. Mayor, only due to the essence of time, I had a request from
Pastor King, who indicates there is a problem and it is in a time frame in
relation to the church in which he is the Pastor and he would like to bring it
before this Commission. I told him that he would be afforded three minutes or
less to bring this problem to this Commission.
Mayor Ferre: Reverend. Go to the microphone, please, Reverend. Reverend King,
we need to move along. We are way behind our schedule, so I was affording you
a courtesy. You have tp take it up very quickly, now. You've got three
minutes.
Reverend King: Respectful greetings to the City Commission of the great City
of Miami. We, the Divine Missign Church, are the owners of the property which
originally comprised twelve apaFtments in a 1957 constructed building at
277 N. W. 9th Street which is also facing on 2nd Court. As of November 4, 1981,
with our purchase, we converted it into a sanctuary and a church, wherein we
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JUL 18 1983
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do something that I haven't heard, not only of Black people doing in this
area, but in any area of the United States except with Father Divine in the
New York City area. Not that this is a recommendation, in fact I think it
is something we must think seriously about, that people as poor as we picture
ourselves as being, and yet I find myself in this activity of offering food,
shelter, clothing and other help to so-called entrant people, I find myself
alone, and now dear Commissioners, as a result of having gone to the aid of
Mr. Randy Carlson, who has been officially labeled a slum -lord, but we were
in that area, and we saw things that the people did to create these slums,
and we spoke to his defense, in that extent, and we accused of being a dis-
grace to the Black race by that and the Inspectors said derogatory things,
saying that we were not fit to be a preacher, because we came to Mr. Randy
Carlson's defense back in the beginning of the year, in December, January
and February. Then Newsweek magazine came out with an article in February
2nd of last year and said that we were occupying —the article was written
by Miami News reporter Mr. Mervin Sagall, and it said, under a picture
of myself that we were operating a church out a dilapidated building, which was
a center for delinquent people. Ever since then, these two things, at the
beginning of last year, we have been unjustly harassed, and to all effects
being put out of the place. And the last development, Mr. Mayor, was the
one that I just showed you, wherein City of Miami police were used to jump
our fence, which secures the yard; to jump our gates - metal gates, which
secures the church building itself and to break into two doors for the
arrest of the Pastor of the church and any members that they found on the
property.
Mayor Ferre: All right, now, Reverend King, in the interests of time, since
the three minutes are now gone, let me see if we can bring this matter to a
head. First of all, let me say that we all sympathize with the problem that
you are having.
Reverend King: Thank you, Mayor Ferre.
Mayor Ferre: All right now, and the problem, of course, is one of a violation
of certain codes which we in this community must live by. Now, it happens to
be that that jurisdiction is not within the City of Miami. It is Metropolitan
Dade County, which is a political subdivision in the State of Florida, which is
the plaintiff.
Reverend King: But, Miami police were used.
Mayor Ferre: Yes, sir, but let me explain that to you. Now, what happens is,
that the Judge in this case, which is a Judge of the Circuit Court, of the llth
Judicial Court.
Reverend King: The Judge is misinformed, your Honor.
Mayor Ferre: Yes, I understand, but Judge Nesbitt, and we can't tell Judge
Nesbitt what to do. Judge Nesbitt had issued a warrant that is called a search
warrant.
Reverend King: For my arrest.
Mayor Ferre: Yes, sir, and I...
Reverend King: And the only reason I wasn't arrested, is because the T.V.
came up.
Mayor Ferre: Reverend, we have got nothing to do with Judge Nesbitt. We can't
tell Judge Nesbitt what to do, and Judge Nesbitt had issued on the 8th of June,
a search warrant. Now, under the law, Metropolitan Dade County comes to the
police jurisdiction, which is the City of Miami Police Department and they
help in the search warrant per se, but we have no jurisdiction. In other
words, I don't care what anybody on this Commission, whether it is J. L. Plummer,
or Joe Carollo, or anybody here. There is nothing that they, I, or Howard Gary,
or the City Attorney, or the Police Department can do. Your problem sir, is
with Metropolitan Dade County, and your problem, sir, is with the Judge, and
there is nothing we can do!
Reverend King: Well, my I ask His Honor...
Mayor Ferre: Yes, sir.
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JUL 1 819003
I
Reverend King: If the City Commission of Miami sees in its sympathy in a
Black church trying to serve Black people with food, shelter and clothing.
Mayor Ferre: What do you want us to do, Reverend?
Reverend King: Well, instead of having the police coming there to arrest us
and throw evr:rybody out....
Mayor Ferre: We can't do that!
Reverend King: .... that we beg you to do something to help us.
Mayor Ferre: Reverend, the only thing we can do is pray for you. I can't
figure a...
Reverend King: You are giving other people thousands and thousands of dollars!
Mayor Ferre: Oh, well, okay!
Mr. Carollo: I've heard it all! The Mayor's going to pray!
Mayor Ferre: I pray. I go to church every Sunday, and pray regularly - every
single night, by the way. I've got no problem with praying.
Mr. Carollo: Amen, brother. Hallelujah!
Reverend King: Well, Mayor Ferre, I was on a Board - the Development Board,
and one of the sons of the Board came to me and he said that "we cannot represent
from the City, Reverend King, with you on the Board, because Mayor Ferre says
that you went to Carter's church, and that is an embarrassment to the President
of the United States, and we will not do anything to help you until you get him
off of that Board".
Mayor Ferre: Get who off of what Board, Reverend?
Reverend King: Get me off of the Board, and when they came before this Commis-
sion with me off of the Board.
Mayor Ferre: What Board, Reverend King?
Reverend King: It was called the Divine Mission Development.
Mayor Ferre: Reverend, I know nothing about all of this, and all I can say to
you....
Reverend King: It was about a year ago.
Mayor Ferre:.... sir, is, Mr. Manager, if you would have somebody in Staff talk
to Reverend King to see how, if in any way, we might be able to help the Divine
Mission Church, we will take it from there. But, I don't think there is anything
else we can do for you.
Reverend King: Thank you, Mayor Ferre.
Mayor Ferre: All right, Reverend, thank you.
Reverend King: And I am do do what now?
Mayor Ferre: The Manager will have someone in the City of Miami Staff look into
the matter.
Reverend King: Will he be looking sympathetically, or with harassment?
Mayor Ferre: No, Reverend, we are not going to harass you or anybody else.
Mr. Plummer: He will report back to us on the 28th.
Reverend King: I will report back on the 28th?
Mr. Plummer: No, Mr. Gary will.
Mayor Ferre: All right, thank you, Reverend. Anything else?
41
JUL 18 NO
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27. FIRST READING ORDINANCE - AMENDING SECTION 18-73, PARAGRAPH (b)
AND PARAGRAPH (2) OF SUBSECTION 18-73, PARAGRAPH (e) OF SECTION
ENTITLED MINORITY PROCUREMENT PROGRAM.
Mr. Garcia -Pedrosa: Mr. Mayor, we have the amendment to the minority procurement
ordinance.
Mayor Ferre: You had better listen to this, Plummer. This is the minority pro-
curement.
Mr. Garcia -Pedrosa: Yes, Mr. Mayor, now that we are into Bayside and other such
applications to the program, a number of questions have arisen, and I propose to
take care of those questions in two ways. One is by way of a legal opinion
rendered to the City Manager at his request in connection with a number of specific
items, and the other is the amendment that I distributed to the Commission last
week, which does basically, three things. Number one, it clarifies that the
minority procurement program applies not only when the City puts up money, but
also when it puts up property or services. That is the case of Bayside, and
that is the amendment to the old Subsection (b). The facilities to which this
section pertains are all publicly financed projects to the extent that they are
financed through money, property or services. The second thing the amendment
does is to permit the program to reach subcontract and not just contracts between
the City and General Contractor, and that, by an amendment to what used to be
subsection (e-2), to strike the words "by the City". And the final change is
merely a housekeeping reorganization change, renumbering change of the sub -section.
This has been distributed to the Commission last week. It is before the Commission
at this time and I would urge you to do this so that the Bayside Project can go
forward.
Mayor Ferre: Mr. Mai:ager, even though I know that this is a cleanup process
to define the Law and make it absolutely abundantly clear. It also is substantive,
and it is substantial, the changes. Now, I want to make sure that this has your
concurrence and we are headed in the right direction.
Mr. Gary: Mr. Mayor, it has my complete blessing. I raised the issue, and I
think it complies with your original intent when you brought this matter before
the Commission a few months back.
Mayor Ferre: I want you to understand that this is very substantive. I mean,
I want the Commission to realize that we are voting on something that further
enforces the minority procurement ordinance, and I want to make sure that we
are all aware of what we are doing here.
Mr. Gary: I don't think there is anything different than your intent. It is
clean up the language.
Mayor Ferre: I understand, but I mean, it really gets very specific.
Mr. Gary: Yes, sir.
Mayor Ferre: All right now, do we have a motion on the floor? Does somebody
want to move this?
Mr. Dawkins: Yes.
Mayor Ferre: Dawkins moves. Is there a second?
Mr. Gary: Plummer.
Mayor Ferre: Plummer seconds. is there further discussion on the amended
ordinance 9530? All right, then read the ordinance by title.
THEREUPON, CITY ATTORNEY READS ORDINANCE INTO THE PUBLIC RECORD.
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JUL 181983
Mayor Ferre: I only have one question before we vote on this. Would you
explain to me on Page 3, subparagraph 2, why the elimination of the word
"by the City".
Mr. Garcia -Pedrosa: Yes, Mr. Mayor. The way the language reads now, it
would only cover a direct contractural relationship between the City and
another party, so if the the City were to contract with "ABC Corporation",
and ABC Corporation, as the General Contractor, were not a minority pro-
vider, the minority procurement program would get no credit.
Mayor Ferre: But, I mean, now Howard, this doesn't force upon Federated,
or Rouse, or whoever, that they have to, in their corporate ownership, or
whatever, that doesn't deal with that issues, does it?
Mr. Gary: Well, let me tell you what it accomplished, Mr. Mayor. There
are a number of ways that people can achieve Affirmative Action, for that
minority goal. One is to a direct relationship with us in terms of a con-
tract, or one is through contractual relationships they have with subcon-
tractors.
Mayor Ferre: I've got no problems with that, Howard. I just don't want to
make this so severe, that we are going to scare off everybody from bidding
on Bayside.
Mr. Gary: Let me just explain to you. Federated and all these people on
Bayside are under the impression that this is a requirement right now.
Mayor Ferre: Okay. Well, I just want to make sure that we don't have a
successful operation and a dead patient.
Mr. Gary: I think it gives them an out, Mr. Mayor, in their flexibility
that they didn't have before, that is, instead of...they have another
alternative to meet their minority programs.
Mayor Ferre: All right, I understand, and it has both the concurrence of
you and the City Attorney?
Mr. Gary: Yes, sir, wholeheartedly.
Mayor Ferre: Are we ready to vote on it? All right, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 18-73(b) AND
PARAGRAPH (2) OF SUBSECTION 18-73(e) OF
SECTION 18, ENTITLED "MINORITY PROCUREMENT
PROGRAM" OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY PROVIDING FOR THE
DELETION OF THE WORD "PROPORTIONATE" AND FOR
DELETION OF THE WORD "MONIES" AND INSERTION
OF THE WORDS "MONEY, PROPERTY OR SERVICES" IN
SAID SUBSECTION 18-73(b) AND FOR THE DELETION
OF THE WORDS "B'I THE CITY" IN PARAGRAPH 2 IN
SAID SUBSECTION 18-73(e); SUCH AMENDMENTS
BEING NECESSARY TO FACILITATE THE EFFECTIVE.
APPLICATION OF SAID PROGRAM; FURTHER rY
RENUMBERING SAID SECTION 18-73 FOP dE
PURPOSE OF CLARITY.
Was introduced by Commissioner Dawkins and seconded by Commissioner Plummer
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
"INV
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28. BRIEF DISCUSSION ITEM - CITY ADVERTISING IN WEEKLY
PERIODICALS, ETC.
Mayor Ferre: The only item that I have, Mr. Manager, and this is just one for
informational purposes. We are getting deeper and deeper into trouble with
the City Advertising in these weekly newspapers. Now, that is one newspaper
in particular that has been brought to my attention. That is a Westchester
newspaper. Now, the City of Miami is advertising several thousand dollars a
month in this Westchester Newspaper.
Mr. Gary: Westchester, New York?
Mayor Ferre: Westchester here, and it is called the Westchester News.
Now, what in the world is going on?
Mr. Carollo: Well, I would suggest that we wait until we have a full Commis-
sion, Mr. Mayor. It seems everytime we bring this subject up, people start
leaving.
Mayor Ferre: Well, I'll tell you. I don't want to vote on this thing today,
but I would just like to inform you, Mr. Manager, you are not following the
guidelines of the City of Miami Commission - your Staff. In other words, the
guidelines were that these people have to prove that they have a circulation
of 10,000, which many of them are coming out with 1,500 issues, and that is
easily verifiable.
Mr. Carollo: Well, not only that. I would like to know what the heck the
City is doing with an advertisement in a pro -Castro publication like Replica,
and I brought it to you before, Mr. Manager, and I see we are still doing it
again.
Mr. Gary: I will check on the information...
Mr. Carollo: If you will like, I will bring some of the witnesses that were
in Cuba that were present in certain discussions, including a witness, a
former Sandinista official that was present when the dictator of Nicaragua
was mentioning to him some very interesting things about the owner and
publisher of Replica.
Mr. Gary: Well, to seperate the Communism aspect from our advertising aspect,
all I can tell you now is that you all have a policy, you have identified the
newspapers that we are to advertise in. We have added one to that and those
are the papers that we are advertising in.
Mayor Ferre: Mr. Manager, the rules of advertising is that there are certain
advertising that you have to verify - you, Staff. One is that they have a
minimum of 10,000 issues a week, and two, that they be within the City of
Miami. Now, my question is with the Westchester newspaper where we are
advertising.
Mr. Gary: I don't remember that paper.
Mayor Ferre: We need to get into this issue eventually, and eventually at
the next meeting, so would you bring this back for discussion?
Mr. Gary: Yes, sir.
Mr. Carollo: Mr. Manager, when you bring this up, can you give us the figures
of just how much monies have been spent in each of these weekly newspapers for
last year and this year.
Mr. Gary: Yes, sir.
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J U L 181983
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29. AUTHORIZE CITY MANAGER TO SIGN NON -SUBSTANTIVE AMENDMENT TO
U.D.A.G. AGREEMENT CONCERNING CONSTRUCTION OF WORLD TRADE
CENTER.
Mayor Ferre: All right, we are now into the regular Committee of the Whole
Agenda at 10:45. We are 45 minutes behind schedule, and I understand, Mr.
Manager that the first item that you want to bring up, Mr. Gary, was the
question of the World Trade Center, which is item "F", because of some time
constraints, so I will recognize Vince Grimm at this time.
Mr. Gary: I will let my often missed Assistant City Manager who is now a
consultant, explain this item.
Mr. Vincent Grimm: Good Morning, Mr. Mayor. My name is Vincent Grimm.
My address is 12050 S. W. 63rd Avenue. I am a consultant for the City,
particularly for the U.D.A.G. Grant. Mr. Mayor and members of the Commis-
sion, when we were here in April, we were here to assure you that Dade
Savings was ready, willing and able to proceed with construction of the World
Trade Center Tower. We are here today to reaffirm that position. Since that
time, H.U.D. has rattled a few sabers, because of our timing. We would also
like you to adopt a motion today to authorize us to negotiate with H.U.D., an
amendment to the agreement, which we feel we can satisfy their needs, and I
would like to introduce to you today Mr. Joel Ware, who is President of
Dade Savings and Mr. Marty Fine who is their general counsel, and I believe
he has some words he would like to put into the record for the City.
Mayor Ferre: All right, Mr. Fine.
Mr. Martin Fine: For the record, my name is Martin Fine, of Fine, Jacobs and
Block, 2401 Douglas Road. Mr. Mayor and members of the Commission, I know it
is late and I will try to be brief. Mr. Ware is here on behalf of Dade
Savings and has authorized us to reaffirm the position of Dade, that it has
already commenced construction and that it will continue to complete that
structure until it is finally built and completed. To give you an idea of the
scope of that statement, Dade has already invested in hard cash approximately
$12,000,000, has contracted for curtain wall, and other elements of construction
in the approximate amount of $13,000,000. There is no change in the lessee at
Dade. Dade will be the lessee. There will be a change in the management of
Dade. Mr. David Paul has met with some of you and has discussed this matter
pending final approval by the Home Loan Bank Board. That transaction should be
consummated within thirty days. What I am here to say to you, is that Dade
recognizes its responsibility under the U.D.A.G. agreement. We will work with
Mr. Grimm; we will arrange a meeting with the H.U.D. people in Washington next
week. We will go there to try to protect that, and unfortunately, in the agree-
ment, if we lose our ability to protect it, and the City loses that money,
Dade pays it, we don't think that will happen.
Mayor Ferre: Yes, sir.
Mr. Fine: And basically, unless anyone has any questions, that is where we are
at.
Mayor Ferre: My only question, Mr. Fine, is that when we started discussing this
whole matter, the statement was made that the request by Mr. Paul's firm was be-
fore the Home Loan Bank Board, and that it would be approved by the end of April.
We are now at the end of July, and your statement now is that it will be in
thirty days, thirty days being the end of August.
Mr. Fine; Yes, let me clarify that.
Mayor Ferre: I am not concerned that the home loan bank board approves it. I
am not worried. I am just concerned that we are getting further and further
Vince on the limb with Washington, and they are writing letters and asking us
by August 15th to do this and do that, and the problem is you say thirty days.
Thirty days is beyond August 15th and what if the Home Loan Bank' says no,
and all of a sudden Mr. Paul and Mr. Ware say "Look, we tried our best, and
there is nothing we can do about this".
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JUL 181983
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Mr. Fine: Mr. Mayor, so we clarify it, and particularly because you want to get
it on the record, Dade commitment is not dependent upon approval of the Home Loan
Bank Board. The fact of the matter is, Dade has previously committed. It has
reaffirmed its commitment. Marshall Harris who before was doing it; I am here
today to tell you Dade is committed. Dade is proceeding. Dade will not use
any problem with approval of the government for excuse in time.
Mayor Ferre: Thank you, and you are here officially representing Dade?
Mr. Fine: Thank you, sir.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: Accompanying these comments, I would like for the City Commission to
pass a motion authorizing me to sign any amendment or existing agreement that
addresses the U.D.A.G. Grant, because we have got to...
Mayor Ferre: Tell me what that means.
Mr. Gary: Well, basically, we have got to make some statements to H.U.D.
H.U.D. may require us to do certain things in terms of Dade Savings. They may
say you have to have a beginning and ending date - you have got to spend so
much money by so much time. The onus is on Dade Savings, but we would have
to be a party to that.
Mr. Fine: We are together.
Mr. Gary: And in order to accomplish this in terms of protecting our $4,800,000,
it is not changing the substance of it. It is just the detail. I need that kind
of motion.
Mayor Ferre: All right, is there a motion to that effect?
Mr. Carollo: Moved.
Mayor Ferre: Moved by Carollo. Seconded by..is there a second?
Mr. Plummer: Is this on the Manager signing the amendments?
Mayor Ferre: Yes.
Mr. Plummer: I am not in favor of that. What are the amendments? How serious?
How little? I want to know what the amendments are.
Mr. Grimm: Commissioner, the basic amendments are necessary because of changes
in dates. The general provisions of the agreement stay the same.
Mayor Ferre: Wait a minute. Mr. Grimm, in the interest of getting unanimous
support here, before you sign anything, let the record reflect that you will
discuss it with each member of the Commission. If any one member of the
Commission has any misgivings....
Mr. Plummer: Fine. Second the motion.
Mayor Ferre: .... it will come back to the Commission. Only if you have 100%
approval of the five members of this Commission, can you sign this.
Mr. Grimm: The only reason we did this, Mr. Mayor, we were concerned that it
would be necessary to do this in August and we were not sure that we would
have a Commission available in August.
Mayor Ferre: Now, under that condition, with that prerequisite, Commissioner
Plummer seconds the motion. Further discussion? Call the roll.
Id
JUL �8 1983
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION NO. 83-574
A MOTION AUTHORIZING THE CITY MANAGER TO SIGN ANY NON -
SUBSTANTIVE AMENDMENTS TO THE EXISITING U.D.A.G. AGREEMENT
CONCERNING THE CONSTRUCTION OF THE "WORLD TRADE CENTER";
FURTHER DIRECTING THE MANAGER TO DISCUS ANY AND EACH FUTURE
PROPOSED AMENDMENT WITH EACH INDIVIDUAL COMMISSIONER TO POLL
THEM OVER THE PHONE, FURTHER STIPULATING THE MANAGER SHALL BE
AUTHORIZED TO PROCEED ONLY IF HE GETS 100% CONCENSUS AND
AGREEMENT OF ALL MEMBERS OF THE COMMISSION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
30. PREPARED RESOLUTION - ACCEPTANCE AND AUTHORIZATION OF CONTRACT
CONCERNING MIAMI GRAND PRIX.
Mayor Ferre: All right, we need now to get to the regular portion of the
Agenda, which is Item "B", the Miami Grand Prix. Is there anybody here
representing...?
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: Just for the record, sir. I just want to let you know that I have
scheduled departmental review, but because of the length of the Agenda, I
just want for the record to say that we are always ready to do that, and I
understand the other complications of the schedule.
Mayor Ferre: Unfortunately, we are just not able to do it today. We are now
at the Miami Grand Prix, Item "B".
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: You have before you a proposed agreement which addresses the issues
that were raised by this City Commission with regards to our relationship with
the Grand Prix, as it relates to the barricades. The first point is that we
have covered, is that the acquisition is not to exceed the present value as
determined by an independent engineer, and that evaluation now says that the
barricades are worth $326,742.72.
Mr. Carollo: What is that amount again?
Mr. Gary: $326,742.72, and that we will get a clear, unemcumbered title.
that is the second point. The third point is that from this amount, the
Grand Prix Association would have to pay us the $141,608.00 they owe us for
public services provided during the event, and I might add to that that we
should charge them interest for that amount of money, also.
.47
JUL 181983
ld
Is 1--
Mayor Ferre: Yes, sir.
Mr. Carollo: Mr. Manager, I'm glad that you're bringing some of the items
up that we discussed and I'd like to bring some new highlights on the con-
tract.
Mayor Ferre: Wait a minute, Joe, let him finish and then I'll recognize
you. Go ahead, Mr. Manager.
Mr. Gary: The 5th point is a point that you brought up, Mr. Mayor, which I
agree with wholeheartedly and that is that if Miami Motor Sports or Mr.
Sanchez individually agree to make a percentage payment to another political
subdivision or government authority within a three hundred mile radius, raise
then the percentage payment made to the City of Miami. The percentage paid
the City shall be increased by an amount to provide an equal return to the
City of Miami. That is a condition, Mr. Mayor, that we have addressed as a
result of the proposed agreement and we are willing to answer any questions
you may have.
Mayor Ferre: All right, Commissioner Carollo.
Mr. Carollo: If I may, I have gone through the contract as carefully as I
possibly can. I think that one of the bright sides that we have now is that
instead of paying as close to $500,000 as we thought, we're paying now a con-
siderable amount less, approximately $173,000 less than we originally envis-
ioned that we were going to have to loan to the Grand Prix. Now, while in
the contract it states that we will be able to use the pre -cast steel and
concrete bridges and the barrier walls and etcetera for various other purposes,
I think we're all in agreement that the additional uses that that would have
is going to be quite limited. The other point being is that I think this is
really the heart of the whole issue here. We are presently owed $141,608.
we either have two choices, we either loan some money to the promoters of
the Grand Prix or they are going to be in default and if they are in default
we're not going to collect anything because there is not going to be anything
that we could grab ahold on to collect. So, and we're in a catch-22 situation.
What I would like to ask the Manager at this point in time is for how long of
a period so far have we been owed this almost $142,000, since what date was
it?
Mr. Gary: The day of the race, right after the race that money was due us
because we had provided the service.
Mr. Carollo: Do you recall the exact date or at least the month?
Mr. Gary: February 21, 1983..
Mr. Carollo: February of 83, so we have March, we have approximately five
months that we have been due interest on this amount.
Mr. Gary: Yes, sir.
Mr. Carollo: What has been the highest interest that we could have received
on this money since February of 83 up to now, Mr. Manager?
Mr. Gary: Between 10 and 12%.
Mr. Carollo: Between 10 and 12%, so I think that since the contract we're
talking about, 12 to 14% in interest on the money we're going to lend them,
that I would like to have included in this contract that on that original
$141,608 that they have owed us since February of 83, that we will receive
a 12% payment on that money also.
Mr. Gary: Yes, sir.
Mr. Carollo: I would like to have that stipulation in the contract.
Mr. Gary: Oh no, that's fair.
Mr. Carollo: At the same time, see, out of the $326,000 plus dollars that we're
giving them, we are to be paid $141,608 which is the money that is owed to us
within 10 days, so if that is what the City is actually doing, what is actually
going out of our pockets is $184,000 which is not as much as we thought before
because before we thought it would be almost $500,000 which means we're giving
rt AB JUL 18 1983
ilk
them approximately $174,000 less. The bottom line is we're now giving
half of what we were going to give and I'm basing that upon the fact that
if we're getting our $142,000 back that means that in actuality what they're
getting is $184,000.
Mr. Gary: No, sir. You are giving them $326,000.
Mr. Carollo: Howard, I know what you're saying.
Mr. Gary: But for the bleachers, yes.
Mr. Carollo: But we're getting the $142,000 back that was owed to us. They
are still going to owe us the whole amount. So what I'm trying to say is
that if we would not approve this contract now that $142,000 plus interest
that is owed to us, they would be in default, therefore, two things are going
to happen: They're not going to be holding the race again because they don't
have the money and secondly, we're never going to collect that money because
you know, what are we going to get from them. There are no assets that we
could grab. So, I think that area is clear. What I would like to see changed
in the contract is the following: We're giving them $326,000, out of that
$326,000 they're paying us to $142,000 they owe us back and they're going to
be paying interest on the whole $326,000. Well, I don't see why we should
wait ten days when we lend them this money. What I would like to have stated
and stipulated in the contract is that out of the $326,000 that we're going
to be lending them, that they City right from the top takes the $141,608 plus
the interest up to this time that has been owed to us and we give them the
rest. I don't see why we should have our money played with for ten days and
I don't want any problems that we might not foresee at this point in time to
arise where maybe that money won't come back to us for after ten days.
Mr. Gary: Commissioner Carollo, I apologize because that was our intent, we
will change that. We're taking it right off the top.
Mr. Carollo: Well, that's not what it states in the contract.
Mr. Gary: No, we will take that right off the top.
Mayor Ferre: Well, let the record reflect that that is the intention, that
has to be changed, therefore. Any other....
Mr. Carollo: I would like to see that changed.
Mr. Gary: Just strike that, it will be deducted from the total amount.
Mr. Carollo: In other words we don't have to wait any amount of time before
we get our money.
Mayor Ferre: Any other changes?
Mr. Carollo: Now, that would be the $141,608 plus the interest that has been
accrued since the time the money was owed to us. Another area that I would
like to have clarified in the record, in this new agreement, not only is Miami
Motor Sports, Inc. but also Ralph Sanchez, unlike before, are both becoming
individually liable. Now, that's clear in page 1 where it says that Ralph
Sanchez, and individual, holds a substantial interest in Miami Motor Sports,
Inc., and further intends to become personally liable for the performance of
this agreement. On page 2, paragraph 3, itsstates that prior to payment of
the purchase price by the City, Miami Motor Sports, Inc. and Sanchez will ob-
tain a bond in the amount of the purchase price from any company acceptable
to the City guaranteeing Miami Motor Sports, Inc. and Sanchez's performance
of the terms of this agreement including payment of all such reports to be
paid either or both of them. What I want to have clarified for the record
is that by them obtaining this bond, if at any time they default on this
new agreement and contract, will this bond immediately cover the full amount
that has been lent to them and the interest up to that time, the $326,000
plus interest?
Mr. Gary: The bond will be in the total amount of what they owe us, $326,000
plus interest. Correct.
Mr. Carollo: Can that be specified in the contract?
Mr. Gary: No, it would not be for $326,000 plus the interest, it is just
$326,000. .49
rt JUL 18 1983
4
Mr. Carollo: $326,000 plus, what I want included is the interest that
they're using our money up to the time that they might default if it ever
happens and, of course, it is to our interest not to let that happen.
Mr. Gary: Are you talking about the interest on the $141,000?
Mr. Carollo: On the $326,000.
Mr. Gary: You're talking about the interest on the $140,000 that they
owe us.
Mr. Carollo: I'm talking of the full interest on the $326,000. I guess
that is my question. This bond, the bond is going to be for the full
$326,000, correct?
Mr. Gary: Correct.
Mr. Carollo: Now, is part of the bond supposed to cover the interest in
case they default at any time?
Mr. Gary: I follow what you're saying. So you want the bond to cover not
only the $326,000, you don't want the bond not only to cover the $326,000
but the interest that is accrued on the $326,000.
Mr. Carollo: That is correct, Howard, that is what I'm stating. I don't
think it is going to be that much of an addition for them to include that.
I think their problem is the $326,000 and if we include the interest I
think it is going to be a minimal amount of price they'll be paying, but
in the meantime the City is covered that if there is a default that our
money just didn't lie dead for whatever amount of time.
Mr. Gary: There's no problem.
Mr. Carollo: That is the only things that I have seen in the contract that
should be changed to fully protect the City. The only area that I would
just like to bring up to clarify it even moreso, according to what the
Legislature approved last week, the County is going to be the one that is
going to really be the top dog with the bleachers, not the City as we were
led to believe was going to be the case. Am I correct in that, Mr. Manager?
Mr. Gary: That's correct, Commissioner Carollo.
Mr. Carollo: What guarantees can we get from the County or what communica-
tions have we had from the County as to the use of the bleachers if we would
need them for other activities?
Mr. Gary: 'fell, first of all, the $500,000 is not just for bleachers.
Mr. Carollo: Well, I know it is a combination of things.
Mr. Gary: But if they get the bleachers, we basically have no control over
those other than to get on our knees and ask the County to let us use them.
Mr. Carollo: Well see, and I would just like to bring this for the record,
this is one of the areas that when you brought it to my attention what had
been happening is what caused me some additional concerns, not only concern
but it really got me mad because we were told that the moneys from the
bleachers, if the State approved it and that was the only question, whether
the State approved it or not, but they did. We were told that that money
was going to be coming.to us. While at the last second the lobbyist represent-
ing the lobbyist that is representing Mr. Sanchez was the one that switched
the signals in Tallahassee so that instead of the City getting those funds
and the return of the bleachers, the County would. And as you stated to me
at the time, prior to the last meeting, you were very suspicious that Mr.
Sanchez knew about this from the start and I, of course, like yourself
wasn't quite thrilled at the idea. But I only brought this issue up public-
ly here now because I think it is something that should have been aired quite
appropriately so. Now, as far as the contract goes, I think that the major-
ity of us probably aren't thrilled to go out lending large sums of moneys to
private enterprise even though it is a very positive thing that Ralph is
bringing, and I think that his attentions have been honorable in trying to
bring this to the City of Miami and he has done quite a good job in most
things in bringing this. And I think if it flies like hopefully now it
will, it is going to be a great attraction to the City of Miami. But I
think the bottom line is this: If it weren't that we were owed the $142,000
.50
rt JUL 18083
Q083
in interest I would find it extremely difficult to vote for this. ?ut
that chart-.7es the situation and I think that by the gamble that we're going
to _e taking in this now the risks are well worth it and with the charges
'_hat I :-,,ac,2 I think now the City is going to be as fully protecteA as it
possibly can. So I am willing to make a motion at this point in time.
Mayor. Ferre: All right, I'll take your motion in a moment after we give
ever;.•hody else the opportunity to ask questions or make statements. Any
other questions? well, Mr. Manager, I do have a question. In your cove r
memorandum, Section 2, you say Mr. Sanchez will provide a fair and unencum-
bered title to the bleachers and barricades, I would imagine that is a mis-
take.
Mr. teary: It is.
Mayor Ferre: So let the record reflect that this has nothing to do with
bleachers. All right, now Jack, I'm referring to your July 7th memorandum
that says that Sanchez has to give us a clear title to the bleachers. He
obviously cannot do that. So we're not talking about clear title to bleachers,
right?
.Mr. Gary: It should be bridges and barricades.
Mayor Ferre: It should be bridges and barricades, all right, let the record
reflect that. And the only other thing that I have is I want to make sure,
counselor, if you would, for the record, I met with Mr. Sanchez and I just
wanted to get this on the record, so that if the City of Miami Commission or
the Manager recommends to the Commission in the future that we go to the
County's method of calculating income, that is based on a gross rather than
a net percentage, provided, of course, as I told Mr. Sanchez that it be
apples to apples, that we're dealing about equal things, that the City of
Miami will not have any legal problems in switching the way we get paid if
we prefer to do it the way the County is doing it, or any other jurisdiction.
Is that correct?
Mr. Tony O'Donnell: That's correct, Mr. Mayor. For the record, my name is
Tony O'Donnell, with law offices at 1401 Brickell representing Miami Motor -
sports, Inc. That switch obviously would occur before the events that the
agreement would cover.
Mayor Ferre: All right. The last question that I have, Mr. Manager, to
you is, I noticed that - actually it is the City Attorney. Mr. City Attor-
ney, the way this contract is structured, this agreement that is before us
technically today, there is an implication here, Mr. City Attorney, about
a termination of the whole process upon the repurchase of the barriers by
Miami Motor Sports, Inc. Now, I want to make sure that we're not in any
way inclined, legally, that upon the repurchase of the barriers that the
rest of our contract is either abrogated or terminated by their complying
with the repurchase of the barriers. In other words, the percentages and
the other things that we will be receiving have nothing to do with the re-
purchase of the barriers. Is that correct, Mr. City Attorney?
Mr. Garcia -Pedrosa: That is exactly correct, Mr. Mayor.
Mayor Ferre:'fr. O'Donnell., do you also concur with that?
Mr. O'Donnell.: I think I do, Mr. Mayor, I'm not sure exactly what specific
item you're referring to.
Mayor Ferre: There are some clauses in here that provide for the repurchase
by MMI.
Mr.O'Donnell: I understand that and once we've done that and you're received
your money plus interest and we have the barriers in our control, I just
wondered specifically what provisions would remain.
Mayor Ferre: Well, all the other provisions that deal specifically with
the usage of the City of Miami facilities, mainly the streets, where we
get certain percentages including a certain percentage of net profits.
i
Mr.O'Donnell: Oh, I understand. No, this does not affect that particular
license, no.
Mayor Ferre: And there is also a 1% provision in here, I don't remember
exactly what clause it is, but.... Item 10, as further consideration to
rt 1 JUL 18 1983.
r
0
the City for the repurchase of said, you know, MMI covenants and agrees
to pay the City 1% of the net profits derived from each staging of the
Miami.... Imean that does not terminate upon the repurchase.
Mr.O'Donnell: Well, it was my understanding that that was during the term
in which we owed you the money that that additional 1%, so that was my under-
standing, maybe Jack could clarify it.
Mayor Ferre: That's why I'm asking the question and that's why I'm speak-
ing to the issue of the gross versus the net because it may be that at a
certain point we're better off with a percentage of the gross like the
County than the net and that 1% may have something to do with it. Follow
me?
Mr.O'Donnell: I understand, but my understanding is that that particular
1% applies during the term of the repurchase period, the three year period.
Mayor Ferre: And at that point it terminates.
Mr.O'Donnell: And at that point that 1% terminates but during that time,
under representations of Mr. Sanchez and us today, I think the City can
look at the formula that we used with the County, make its own assessment,
its own financial assessment and make its decision as to which way it wants
to go during that period.
Mr. Plummer: Well, keeping also in mind, Mr. Mayor, that this contract
with the Grand Prix is a 15 year contract but in options of 5, 5 and 5.
And I think it is renegotiable at every 5 year option.
Mayor Ferre: Okay. You mean on both sides?
Mr. Plummer: Correct.
Mayor Ferre: Because they can decide to move it to Fort Lauderdale too.
Mr. Plummer: Sure.
Mayor Ferre: I would hope that even though we're not binding you, that Mr.
Sanchez in the future will remember that the City of Miami is going out on
a limb to be of assistance in what we think is an important contribution
to the well-being of the City. Further discussion or questions or state-
ments? Is there a motion?
Mr. Carollo: Mr. Mayor, there is a motion, I just want to make sure and
have it on record that the attorney that is representing Miami Motor Sports,
Inc. and Mr. Sanchez is in complete authorization to represent his client
in authorizing and agreeing to the changes that the Commission has so re-
quested be made here on the contract.
Mr.O'Donnell: I was asked by Mr. Sanchez to represent Miami Motor Sports,
Inc. and I have authorization to be here.
Mr. Carollo: My direct question is the following: Are you authorized
the changes that have been made here by the Commission on the contract?
Mr. Sanchez: Yes, sir.
Mr. Carollo: Mr. Mayor, I make a motion and while making the motion I'd like
to add that by bringing the change that I did make in making sure that we
would also get paid on the interest for the money that was owed to us, we're
going to be getting $7,080 in addition that we would not have gotten other-
wise and would make sure that the moneys would not go for any period of
time, would have stayed in the coffers, the $142,000 that is. So I make
the motion, Mr. Mayor. '
Mayor Ferre: I think those are positive additions. Further discussion?
Is there a second? Second by Plummer. Further discussion? Call the roll,
as amended. '
rt
M� JUL 181983
S
0
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 83-575
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT WITH MIAMI MOTORSPORTS, INC., A FLORIDA
CORPORATION, WITH PRINCIPAL OFFICES LOCATED AT 10113 SOUTH-
WEST 72ND STREET, MIAMI, FLORIDA, AND RALPH SANCHEZ, AN
INDIVIDUAL, CONTAINING THE FINAL IMPLEMENTATION PROVISIONS
FOR THE ACQUISITION OF RACEWAY BARRIERS, BRIDGES, AND OTHER
RELATED FACILITIES TO BE USED TO PROVIDE AN ON -GOING CAPA-
BILITY OF THE CITY FOR THE PROMOTION OF THE MIAMI GRAND
PRIX AND/OR SIMILAR RACE EVENTS AND FOR SUCH OTHER USES
DEEMED APPROPRIATE BY THE CITY MANAGER, SAID ACQUISITION
HAVING BEEN AUTHORIZED BY THE CITY COMMISSION UNDER THE
PROVISIONS OF RESOLUTION NO. 83-501, ADOPTED JUNE 9, 1983.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
.=0 JUL 181983
e
31. BRIEF DISCUSSION ITEM - WORK BEING DONE AT THE
SEMINOLE DOCKS.
Mr. Plummer: Mr. Mayor, very quickly, let me ask for consideration if poss-
ible. The people are here from the Bill Fish Tournament and from the area
in around the Seminole Docks. I had a mix of communications. I understood
there was going to be something on the agenda about this item, I am now told
that it is not, that they wanted to come here and discuss the matter and I
had agreed to bring it up as a pocket. I would ask for consideration before
we break at lunch.
Mayor Ferre: Okay, well, we'll take it up right now. Do it quickly, though.
Mr. Plummer: Mr. Mayor, basically what they're here this morning for is
that they have some concern about the work that is being done at the Seminole
Docks. They feel that the construction could be better and that if they,
the committee had some input into the matter they might be able to help the
administration come up with better facilities at these locations and I would
ask, Mr. Mayor, that we instruct the Manager to take them into consideration
and then to come back and make recommendations to this Commission, having
the input of people who use them on a daily basis. Dan, do you want to say
anything further than that or does that do it? Okay, that's pretty good.
Mr. Manager, do you need a motion?
Mr. Gary: No, sir.
Mr. Plummer: All right, fine. Thank you, sir.
32. DEFERRAL OF CONSIDERATION OF APPOINTMENT TO THE
ZONING BOARD; DIRECTING CITY CLERK TO READVERTISE
FOR VACANCIES AS WELL AS VACANCIES FOR ALTERNATES
ON ZONING BOARD AND PLANNING ADVISORY BOARD.
Mayor Ferre: Now, let me tell you, let's see if we can make some sense out
of this whole thing. We have now one opening, is that correct?
Mr. Perez-Lugones: One opening, that is correct, sir.
Mayor Ferre: And we also have an alternate.
Mr. Perez-Lugones: We have two alternates which will be coming to you on
July 28th.
Mayor Ferre: Okay, now here is basically what I would like to do, and I
want Miller to hear this. Did miller go? Well, what I would like to do
is I would like the City Commission to vote on this thing at the same time
so that we vote for the alternates and the vacancy jointly. Now, let me
tell you very frankly what I would like to do. I think we have two people
that are deadlocked now, Reinaldo Cruz and Billy Freixas. Now, we also
have another person that Commissioner Carollo nominated by the name of
Mr. Channing. Okay? Frankly, what I'd like to do is to be able to vote
for Reinaldo Cruz, Billy Freixas and Channing all at the same time and I
think that perhaps we might be able to accomplish that without getting
everybody upset if we vote on it at the same time. So what I would like
to request is that we put off the voting on this item until the 28th which
is the next meeting so that we can vote on all three of them. Now, obviously
only one of them is going to end -up being the winner for the present vacancy
and two will have to just be there as alternates and that is the best we
can do.
Mr. Carollo: Mr. Mayor, what I would like to do is to do it a little
different. We have two vacancies where actually we're going to have
three. .54
rt a JUL 18 1787.
0
Mayor Ferre: Now, tell me how that is.
Mr. Carollo: Well, if a member of the Zoning Board that wants to run for
office wants to be without a job on the Zoning Board and not be on the Com-
mission either, he is going to have to resign. Therefore, we're going to
be having three openings, two permanent positions and one alternate. So
what I would like to do is....
Mayor Ferre: Two alternates
Mr. Perez-Lugones: One Planning Advisory Board, one Zoning Board.
Mayor Ferre: In the Zoning Board we would have one alternate.
Mr. Carollo: Yes, then we have one in the Planning. So what I would like
to do is do the following: You know, controversy is good, you know, it is
the American way. And I think what the controversy in the appointments to
the Zoning Board has done is that it has made a lot more people aware that
there are vacancies on the Zoning Board and the Planning Boards and I believe
that if we would open it up again, you know, the democratic process can be
enlightened even more and I think you're going to have additional people
apply. So what I would like to do is open it up again and then take it up
in September when we can vote upon all the different spots that are going
to be open.
Mr. Dawkins: Why don't we open it up and then don't vote until after the
election.
Mayor Ferre: I'll tell you, Miller, I have no problem with that politically,
I think there is a legal problem. I mean I'd like to do that.
Mr. Dawkins: We've been doing this since December though, Mr. Mayor, I
don't see where it is any different.
Mayor Ferre: But I think the problem is that you have now a board that isn't
functioning in full efficiency and we need to get at least the alternates in.
So I think I have no problems with putting it off until the 28th. If on the
28th we can't come to a conclusion then as .... Oh, we're putting it off
until September as Carollo said and then if after September we can't come to
a conclusion....
Mr. Gary: Put it off until September?
Mayor Ferre: Yes. What he is saying is readvertise, reopen it again, come
to a conclusion on it in September. If we can't agree in September then
we'll put it off, as Miller has said, until after the election.
Mr. Plummer: Is that September of 83 or 84?
Mayor Ferre: All right, Miller, are you making that in the form of a motion?
I mean Joe?
Mr. Carollo: Yes, I'll make that in the form of a motion, that we open it
up for advertisements for all positions and then we vote upon it in September.
Mayor Ferre: Is there a second, before we discuss it?
Mr. Plummer: Yes, I'll second it.
Mayor Ferre: All right, further discussion? Does anybody else want to vote
on this?
Mr. Plummer: So what we are doing is reopening the process for other people
to submit their names.
Mayor Ferre: Yes, sir, and it will come back in September.
Mr. Carollo: It is the American waV, competition.
Mayor Ferre: Further discussion? Yes, sir.
Mr. Gary: Now, this includes the alternates.
Mayor Ferre: Yes, sir.
rt
.55
JUL 18 19$"
is
0
Mr. Gary: Okay, so the advertisement for the alternates, we'll get the
applications.....
Mr. Dawkins: No, we're opening up the whole thing period, not no one posi-
tion.
Mr. Carollo: If anybody resigns in the weeks to come, advertise that one
too.
Mr. Gary: So we're going to advertise....
Mr. Plummer: For two and two. You can't advertise for Bill Perry's until
he resigns.
Mayor Ferre: Well precisely.
Mr. Carollo: What I'm saying is whenever he resigns then advertise for his
spot too.
Mr. Perez: Why we don't fill this position, Mr. Mayor on the 28th, why
don't we fill this position on the 28th and after we call for the other
vacancy on the alternate?
Mayor Ferre: Because there is a motion on the floor that says different
than that.
Mr. Dawkins: The only problem I have with this, and I went through this when
I was elected. When I was elected it was a standing procedure that every com-
missioner up here had a right to nominate an individual who would represent
him on the board.
Mayor Ferre: Yes.
Mr. Dawkins: And as such, as a courtesy to this Commission, the rest of the
Commissioners would go along with it.
Mayor Ferre: That's right.
Mr. Dawkins: When it got to me, the rules changed and it no longer happened.
Mayor Ferre: That's right.
Mr. Dawkins: Then after you railroaded Bill Perry in over me then you
decided that you would go back to your old way of doing it and then everybody
got a chance to appoint someone. Now Bill Perry is the one who is "the black
appointee" and now we're going to throw that open again. So now what are
we going to do?
Mayor Ferre: Now, Miller, in the first place the first guy that got rolled
over wasn't you, it was Joe Carollo.
Mr. Dawkins: Well, he took his laying down, he was a good fellow.
Mayor Ferre: No, he didn't take it laying down, he kept this thing from
coming up to a vote for six months and I might remind you that it dealt
specifically with Jack Alfonso. And you may remember that that was the first
time that we went through this rigamarole and you're right, we made a mis-
take and I regret it to this day.
Mr. Carollo: That was Gibson's appointment, Jack Alfonso, the one I had was
a different one.
Mayor Ferre: Oh, I'm sorry, you're right, it wasn't. Jack Alfonso was Gib-
son's appointment, I stand corrected. But you're right that we got off of
our standing operating procedure.'. Now, under that circumstance, if we go
back technically, the appointment of Reinaldo Cruz, if you will, then we'll
go back to Commissioner Demetrio Perez who is sitting where Armando Lacasa
was sitting since Cruz technically was originally Lacasa's appointment.
Mr. Carollo: Don't say that loudly.
Mayor Ferre: But we're not talking about that now, we're talking about a
motion that is on the floor. Is there any question about the motion?
.56 JUL 181900
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Mr. Carollo: Miller, to enlighten you a little more, how many blacks do
we have right now that we can pick from? Not too many.
Mr. Dawkins: We've got George Sands who is black, George Washington Ellis,
Ralph Johnson, William Perry, that's it.
Mr. Carollo: See, but Perry is appointed and both Sands and Ellis are for
the Planning Advisory Board. So we only really have one black to pick for
in the Zoning Board and that is Ralph Johnson. So I think this shows you
why we should open it up again, to have people apply.
Mr. Dawkins: I have no problem with it, Joe.
Mayor Ferre: Further discussion on this item? All right, call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 83-576
A MOTION DIRECTING THE CITY MANAGER TO RE -OPEN THE APPLI-
CATION PERIOD FOR PROSPECTIVE APPLICANTS TO A VACANCY ON
THE ZONING BOARD AND TWO ALTERNATE POSITIONS - ONE IN THE
PLANNING ADVISORY BOARD AND ONE IN THE ZONING BOARD; FUR-
THER DIRECTING THE CITY CLERK TO READVERTISE WITH COMMIS-
SION ACTION TO BE SCHEDULED IN SEPTEMBER.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Demetrio Perez
ABSENT: None.
33. ALLOCATE $7,500 IN
IN CONNECTION WITH
AUGUST 20, 1983.
CASH AND IN -KIND CONTRIBUTIONS
FLORIDA WAVE PARADE TO BE HELD
Mayor Ferre: Okay, if you would also accompany Steve Rondinaro and the
Director. Ladies and gentlemen, these young people that you se before you
are representative, and there are many more outside, they just played a con-
cert for us, they represent the best of our youth in this community. They
are active in the Drum and Bugle Corps called the Florida Wave. Now, Steve
was just telling me that these kids have been practicing in the past few
days, they have put in 16 hours of practice out in the hot sun, hours and
hours perfecting their presentation because they want to win some of these
competitions that will be forthcoming and they represent you, they represent
the people of Southeast Florida, these are kids that come all the way down
from Jupiter down to Homestead and from Miami over to Fort Meyers and Naples.
So they are from all of South Florida, they represent you. Won't you give
them a nice warm hand of recognition.
Mr. Plummer: Mr. Mayor,•they're not looking for a warm hand, they're look-
ing for a warm heart and a wallet.
Mayor Ferre: Well, we're going to get to that in a moment but I want to
make this presentation. (Presentation was made and pictures taken)
All right, now, J. L., you wanted to bring something up while we're at it
while they're here.
Mr. Plummer: Steve, you had a proposal, I understand, before the Commission
for funding.
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JUL 181983
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Mr. Steve Rondinaro: Item "K".
Mr. Plummer: "K", you had a proposal for funding.
Mr. Gary: No, it is Willie Gort.
Mr. Plummer: Okay, Willie, this is for the parade, correct?
Mr. Willie Gort: Yes.
Mr. Plummer: How much is the request?
Mr. Gort: The request is in -kind and in cash comes out to about $7,500,
but this is for the parade on Saturday, August 20th.
Mr. Plummer: I understand that. Okay, let's take care of that matter first,
I so move, Mr. Mayor.
Mayor Ferre% What are you moving?
Mr. Plummer: I'm moving that the $7,500 in -kind for the parade be granted.
Mr. Gary: Okay, let me correct it, let me add to it, modify it - I'm not
supbosed to correct you.
Mr. Plummer: You'll learn.
Mr. Gary: In -kind for police and fire and a cash contribution for the prizes
for the parade.
Mr. Plummer: Correct.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 83-577
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT OF NOT TO EXCEED $7,500 IN CASH AND
IN -KIND CONTRIBUTIONS, SAID FUNDS TO BE GRANTED FOR THE
PURPOSE OF POLICE SERVICES, FIRE SERVICES, AND A CASH
CONTRIBUTION FOR PRIZES TO BE AWARDED IN CONNECTION WITH
THE "FLORIDA WAVE PARADE", TO BE HELD SATURDAY, AUGUST 20,
1983.
Upon being seconded by Commissioner Perez, the motion was passed
and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins and Commissioner Joe Carollo.
rt .58
JUL 181983
34. AUTHORIZE ALLOCATION OF $5,500 FOR FOUR NATIONAL T.V.
SPOTS IN CONNECTION WITH THE FLORIDA WAVE PARADE.
Mr. Plummer: Mr. Mayor, there is attached to this, Mr. Gary, listen to
this please. There is a possibility, while these people are performing in
the Orange Bowl, of getting one of the national networks to have four spots
during their two hour morning program. I would like to make a motion at
this time, if those four spots where they can do the weather from Miami dur-
ing this Orange Bowl Activity, it would not cost the City of Miami more
than $5,500 for four nationwide spots. I would like to so move at this
time, if that contract can be secured for that amount of money that the
City grant it. I so move.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion?
Mr. Gary: Yes, under discussion..... I'm finished.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 83-578
A MOTION AUTHORIZING THE CITY MANAGER TO ALLOCATE AN AMOUNT
OF NOT TO EXCEED $5,500 FOR A NATIONAL TELEVISION EXPOSITION
TO COVER FOUR (4) NATIONALLY TELEVISED SPOTS IN CONNECTION
WITH THE FORTHCOMING "FLORIDA WAVE PARADE".
Upon being seconded by Commissioner Perez, the motion was passed
and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Mr. Plummer: Mr. Mayor, I think if Steve Rondinaro is still here. Is he
still here? Steve, I think you ought to give some serious consideration
instead of naming that group the Florida Wave, that you consider renaming
it the Miami Wave and maybe, just maybe, tied together with Demetrio had
before, that this Ciy of Miami might have you travel on the road represent-
ing the City of Miami through funding of this City. I would hope you would
get together with the administration where the two of you could sit down,
when you have the time, and thrash some kind of a package to be brought
back to this Commission in the very near future.
Mr. Perez: I think, Mr. Mayor, that would be a great opportunity we can
promote the existence of City bands and we can make some kind of an agree-
ment with this group that that is the kind of group that we have to be
proud in this community. It would be great if we can promote some arrange-
ment or some agreement in order to have representation. -
Mr. Steve Rondinaro: We would certainly be happy to do that and consider
it. I'm speaking purely now as the Executive Director of the Drum Corps,
and speaking for the board and not in a journalistic or Channel 7 capacity,
I want to make that clear, so I'm pup the middle there, speaking only of my
interest in youth, we would be happy to consider that and, of course, be
happy to represent the City and we'll be in touch.
Mayor Ferre: Thank you, sir, and congratulations and best wishes again.
Mr. Rondinaro: Thank you, Mr. Mayor. .5
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J U L 181983
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35. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS.
1. Presentation of Commendation to Lt. James Tombley, Most Outstanding Officer
of the Month for May, 1983.
2. Presentation of Proclamation declaring Constitution Week (Week of Sept. 17)
to Mrs. John Summers, Mrs. William Fabing, and Mrs. Anthony Dobrzanski.
3. Presentation of Proclamation declaring July 18, 1983, Daughters of the
American Revolution Day.
4. Presentation of Commendation to Inter -American Lawyers Convention to
Messrs. Jose M. Morales -Gomez, Gilberto Campa and Edgardo Caturla for
their integrity in refunding the unused $10,000 out of a total of
$15,000 granted to them by the City.
5. Presentation of Commendation to Stuart Sorg upon his retirement as Chair-
man of the Waterfront Board.
6. Presentation of Commendation to Ballet Vivian Tobio presented to Mrs.
Vivian Tobio.
7. Presentation of Commendation to Andrea Thomas upon qualifying in second
place at the Dade County Spelling Bee.
8. Presentation of Commendation to Roy Datz, Chilean sculptor who recently
donated one of his works to the Citv of Miami.
36. ACCEPT DONATION OF SCULPTURE FOUNTAIN IN THE SHAPE
OF PALM TREE FROM THE GOVERNMENT OF CHILE.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 83-579
A RESOLUTION ACCEPTING THE DONATION OF A SCULPTURE FOUNTAIN
IN THE SHAPE OF A PALM TREE FROM THE GOVERNMENT OF CHILE AND
REQUESTING THE ART IN PUBLIC PLACES COMMITTEE TO PROVIDE TO
THE MEMBERS OF THE COMMISSION A LIST OF RECOMMENDED SITES FOR
THE LOCATION OF SAID SCULPTURE.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
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37. CHANGE DATE OF CITY COMMISSION MEETING FROM
SEPTEMBER 8TH TO SEPTEMBER 7TH, 1983.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 83-580
A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETING
OF SEPTEMBER 8, 1983 TO TAKE PLACE ON SEPTEMBER 7, 1983, COM-
MENCING AT 9:00 A.M. AND ENDING AT 5:00 P.M.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
38. BRIEF DISCUSSION AND SELECTION OF BID FOR DEDICATION
OF PARKING GARAGE NUMBER 5.
The date of Thursday, September 22, 1983 was chosen as the date for the
grand opening Of Miinirinal Aarlcinn nArann Wn_ �;_
rt •e JUL 18 ���
39. REPLACEMENT OF PLUMBING EQUIPMENT SERVING GUSMAN
CULTURAL CENTER AND OLYMPIA OFFICE BUILDING.
Mayor Ferre: The next item before us is the request that the City
fund the cost of replacing plumbing equipment at the Gusman and Olympia
Office Building. Is Mr. Carlton around? Mr. Manager, do you want to ex-
plain that to us and we'll vote on it? It has to be done, right?
Mr. Gary: Yes, we have to do that.
Mayor Ferre: Gusman Cultural, it is explained in the memo in Section "G".
Is there a motion?
Mr. Plummer: Well wait a minute, whoa. How much is it going to cost, Mr.
Gary?
Mayor Ferre: It is all in there.
Mr. Gary: $25,000.
Mr. Plummer: Okay. Now, Mr. Gary, we donate special events so that we
can give waivers.
Mayor Ferre: No, wait, excuse me.....
Mr. Gary: This is for sanitary plumbing.
Mr. Plummer: I understand.
Mayor Ferre: Plummer, I don't mean to be disrespectful to any of you. You
get all these packets and it is very clearly spelled out in the packet. It
is not $25,000, it is $25,000 of which $22,000 is for a fire pump and $3,400
is for a domestic water pump.
Mr. Plummer: yes, sir, I understand that. Okay, now what I don't understand,
is where we assume the responsibility of fixing it up. We have no way of
recovering our money. The Off -Street Parking Authority does and what I was
going to suggest, since we are establishing a fund of about $5,000 a year so
when worthy causes come before this Commission that we take it back in five
years of that funding, now they have an obligation in running that building.
Mr. Gary: Well, let me explain something to you.
Mr. Plummer: Okay, I'm listening.
Mr. Gary: You have a building that was dedicated to you by....
Mr. Plummer: No, start it off right. We do not have that building, Mr.
Gusman himself directed that they run it and they would receive the proceeds.
We do not own it. We own the building but we have no control.
Mr. Gary: Okay, a building by the name of the Gusman Olympia Building was
deeded to the City with a deed covenant that said that the Off -Street Parking
must administer the building.
Mr. Plummer: Correct.
Mr. Gary: Now, the budget that you adopted included the revenues that he
gets from the Olympia Building, Gusman Hall and the expenses.
Mr: Plummer: Right.
Mr. Gary: To say that you're going to recoup it from him, you're not recoup-
ing it from him because it is a separate enterprise fund that he manages for
you are recouping it from yourself. Now, what you can say is is•that'as we
make a profit on that building that it would be paid back to us based on the
building making a profit.
Mr. Plummer: It's a loan? Fine.
Mayor Ferre; Plummer, I will accept you for a motion after we do Item "G".
Now, would you move "G" first?
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404 4
Mr. Dawkins: No, I'm not going to move "G" because I've got the same problem.
How are we going to get our money back?
Mr. Plummer: We do item "G" subject to it being a loan repayable from revenue
profits.
Mr. Gary: Profits.
Mr. Plummer: Yes.
Mayor Ferre: Is there a motion?
Mr. Plummer: I so move.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Is there further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 83-581
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $25,400
FROM THE GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS, TO
THE DEPARTMENT OF OFF-STREET PARKING FOR THE PURPOSE OF
FUNDING EMERGENCY REPAIRS TO THE DOMESTIC WATER AND FIRE
PUMPS AT CITY -OWNED GUSMAN CULTURAL CENTER AND THE OLYMPIA
BUILDING UPON THE CONDITION THAT ANY NET PROFITS REALIZED
FROM THE OPERATION AND ADMINISTRATION OF SAID CENTER AND
BUILDING BE TURNED OVER TO THE TREASURY OF THE CITY OF
MIAMI.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
40. DISCUSSION ITEM - PROPOSED CREATION OF RELIGIOUS
BOARD.
Mr. Plummer: Now Carollo wants to be here on this next one to discuss God.
Mayor Ferre: No, Carollo wants to be here on the arcades.
Mr. Plummer: Well, I know what he wanted so I'll make his motion if he
doesn't show up. Go ahead. .
Mayor Ferre: We're on Item "H". Now, Commissioner Perez, this is your
item and the Chair recognizes you.
Mr. Perez: Yes, I would like to call, I think we have representation here
headed by Reverend Martin Anorga. I would like to call Reverend Martin Anorga.
I notice Tony Ramos is here, Thomas Diego.
Mayor Ferre: All right, sir. All right, the problem that I understand we
have, Reverend, is that the City Attorney has gone to great lengths in
researching this proposal and evidently there are some legal problems with
the constitutionality of it. `L%" JUL 181963 �
rt
Rev. Martin Anorga: Yes, Mr. Mayor and Commissioners, the reason why I am
here is because we want to support the creation of the Religious Board and
we don't believe that it would be unconstitutional because this little board
is not going to have any kind of power to make political decisions. Its
only function will be to establish a bridge of communication between the
authorities of the City of Miami and the Christians of this community.
Mayor Ferre: No, I think you mean the Christians and other religious
organizations and the Jews and others.
Rev. Anorga: Of course, it will be completely ecumenical and besides that,
the City of Miami has every year a celebration of the One City Under God.
Mayor Ferre: Reverend, please, so that you don't get into Constitutional
problems with that one, please leave that one alone. I mean we're safe on
that one, please let's not touch that.
Rev. Anorga: Well, the point is, Mr. Mayor, that if we have that kind of
celebration I don't see any reason because now we can have a constitutional
problem to establish a religious board.
Mayor Ferre: All right, Commissioner Perez.
-.64
J U U 181983
t
Mr. Perez: Mr. Mayor, I would like to leave some information here for
the record. I read the recommendation, the legal advice of our City
Attorney, I think that that is own study from his own legal point of view
but I think that this time it is very important that we pay special
consideration to the religious affairs. We are not proposing a religious
board in a government capacity, that is only an advisory capacity. We
don't plan to use City funds for this purpose. We don't want to promote
a special religion but there is some information that I would like to
share. First, we have to remind that this City approves the annual cele-
bration of "The City Under One God" event. Also, we want to recognize
the presence in this City of more than 450 churches operating in the City
of Miami. "In God We Trust" says our national motto. Invocations of
our different Regular Commission Meetings, we have invocations at the
time that we start all the meetings. We have to pay attention also to
the board that the Congress of the United States have approved, also the
State of Florida has another board in this capacity. Something very im-
portant, the different branches of our military forces of the United
States have appointed chaplins and they are considered a part of our
military establishment and can receive the highest military ranks in
their service. Also, bodies as high as the Senate of the United States
appoints chaplins. We have to point out a recent decision of the Supreme
Court that has reaffirmed the right of the different State Legislatures to
do the same. Another recent decision that our attorney didn't mention in
his case, Mueller/West Allen from the Supreme Court that recognizes the
tuition type credit, we have to recognize also the assistance of advisory
boards, consultants and other personnel that afford assistance to public
officials at different levels of government in the United States. I
think that the separation of church and state has never meant a lack of
recognition in the place that both religious and non -religious people
have played in the history of the United States and does not establish
a denial of the roll of any segment of our population. The constitution
of the United States does not mandate separation of church and state, the
First Amendment states that congress shall not love respecting
and establishment of religion or deny the free exercise thereof. But all
the reasons, I have several other precedents, for example, the President
of the United States proclaimed in 1983 as the "Year for the Bible" in the
United States. Vladimir Lenin proclaimed one time that the religion is
the opium of the people and I think that as a part of an anti -communist
community we don't want to promote any specific religion, I have the idea
to propose this Commission, the creation of this board in the following
manner: First, the creation of a Religious Community Relations Advisory
Board or committee that will make recommendations about any area within
the laws of the land that affects relations with the religious community
affairs that are of public concern and have a relationship to the existency
of legally recognized religious groups and never to their influence or
operation. Second, We want to propose the appointment of ten persons by
the City Commission for that advisory group. Each member of this Commis-
sion would be able to nominate two members and appointments would be made
regardless of the religious affiliation or lack of religious affilliation
of those selected be considered. And third, it should not be understood in
any way as the establishment of any religious group or coalition or relig-
ious group as a way to influence any resident of the City of Miami in the
area of religious conviction or practice or creation of a religious power
structure within our government. And fourth, I think that the creation
of this advisory board or committee or the appointment of individuals to it
will be understood as a way to improve relations with the community and the
board. It would not in any manner interfere with the rights of others. I
think that that is the idea that is the proposition. Anyhow, I think that
this is a very controversial issue. I would like to propose today, due to
the different points of view that we have, I have a letter from the Catholic
Church, from the Episcopal group, from the different denominations and they
have their point of view and I would like, Mr. Mayor, to propose to this
Commission that all these religious leaders have a meeting with our City
Attorney after they express their own point of view the City Attorney has
the opportunity to review and to discuss his recommendation on this matter,
they come back to the City Commission with a formal recommendation.
Mayor Ferre: All right. I'd like to, actually what I would like to do is
I want to appoint a committee of three, the committee being chaired by
Reverend Anorga and I would like for Commissioner Perez and the City Attor-
ney to make up that Commission of three. And then if the three of you would
meet with the various opinion -makers and their representatives here, perhaps
you can come back with something, Mr. City Attorney, that might be legal
that we can do and that would stand thence of legal.... And I think
rt
JUL 18 1983
that is something that we can deal with in the future rather than deal with
it right now.
Mr. Dawkins: Mr. Mayor, I would be remiss, not that I'm anti -religious,
no one is more religious than I am, but it is amazing how this Commission
changes horses in the middle of the stream. There have been times when I
have broached things that I wanted to do on this Commission and the City
Attorney has ruled that what I wanted to do was illegal irregardless of
whether it was because of the Constitution, the Charter or what. And each
time there has been three votes on this Commission that upheld the....
Mayor Ferre: And I'm ready to vote on that today.
Mr. Dawkins: ....and upheld the City Attorney's opinion. But now, all of
a sudden, you must allow the City Attorney to go back and juggle his opin-
ion and come up with what we want. I find that hard to accept, I think it
is wrong and I think that if we as a Commission are going to operate we
have to have one standard set of rules to operate by and that is the only
thing that I have to say.
Mayor Ferre: Oh, no, no, no, no, no. Oh, no, no, no, you were not listen-
ing. Now, I realize that Commissioner Perez has an accent, Commissioner
Dawkins, but obviously you did not listen. Now let me, perhaps you might
since I can explain it in a little bit different way, Commissioner Perez
accepts, as I heard him, the legal standing as represented by the City
Attorney, what he says, as I heard him very clearly, was that he would
like to see if there is a Constitutional and legal way to do it and he
cites a whole series of examples of where similar things have been done
through Congress.... And he has a written statement, and you can look at
his written statement and you can look at his written statement. Now, as
I understand what he is trying to do, is trying to accomodate and find a
middle ground where there is no Constitutional restraint but wherein we
can find a legal way, if nothing else other than in an advisory capacity
for this board to be constituted. Now, I think that the original request,
Mr. City Attorney, was totally different than the way it is turning around
now and I think what he has done is gracefully tried to find a graceful
way out of this thing and I, for one, am certainly willing to let him and
you, if that were the case, to find a graceful way to end this problem.
Mr. Dawkins: Mr. Mayor, Mr. Clerk, will you read back the charge that
was given to the City Attorney?
Mr. Ongie: That will take me a moment, sir.
Mr. Dawkins: Okay.
Mr. Perez: I think, Mr. Mayor, it is completely, I understand what Commis-
sioner Dawkins said but I think that is completely different....
.ss
J U L 18 1983
Mr. Dawkins: ... tired of this Commission having double standards in my opinion.
Mayor Ferre: I will accept the accusation of double standards when you prove it.
I cannot accept it at this time without any proof. Alright.
Mr. Carollo: Well, if my two religious colleagues would finish we can proceed
with some of the other stuff.
Mayor Ferre: We are now... is there any further discussion on this item?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: No, unless anybody has... and this is nothing very formal. As
Mayor, I am appointing a Committee constituted by Reverend Angorga, Commissioner
Perez and the City Attorney and you come back to the City Commission to see
if you can find a legal way of doing it. If you cannot then that's the end
of it.
Mr. Perez: If we don't find a constitutional way, I think that we have to
Withdraw the motion.
Mayor Ferre: I understand.
40.1 DISCUSSION ITEM:
II?TERIM PARICIIIG FACILITY.
Mayor Ferre: Discussion of the meter beater tram interim parking facility.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: Mr. Carlton is here, but the bottom line is explicit in your memorandum
from Mr. Carlton to me which basically says that the interim parking facility
which we put on FEC property as a result of all the construction around Southeast
Dupont Plaza area is now losing approximately fifteen hundred dollars per month
as result of the meter beater tram, which transports people from the parking
facility throughout Miami. And basically, we have a fifteen hundred dollar a
month loss. However, if we cut out the tram we will have a twenty-five hundred
dollars profit just from the interim facility alone.
Mr. Plummer: No, because you wouldn't have the parking.
Mr. Gary: Well, I'm not so sure, because the attendants on it...
Mayor Ferre: Well, what's your point?
Mr. Gary: The point is is that Mr. Carlton is saying that we can have a profit
of twenty-five hundred or we can allow him ninety days, which I don't agree with,
sixty days to see if the Downtown business people will absorb the cost of the
tram. I will say that we do it for thirty days, sixty days with the Off -Street
Parking Authority picking up half of it.
Mr. Plummer: Well, if it makes a profit does the City get the money?
Mayor Ferre: No.
Mr. Gary: No. Well, no, no, no let's not play with words. It's our land,
he did the construction, he has got the authority for Off -Street Parking, he
paved it. The revenues we give back to him to pay for the structure. If we
do not make enough money with the interim parking facility then we have to
guarantee the construction cost that they have.
Mr. Plummer: That's the temporary parking lot.
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.67
JUL 181963
Mr. Gary: The temporary parking lot. Now, I think Off -Street Parking would
be willing to...
Mayor Ferre: Alright, is there a motion to that effect so we can move along
please? Demetrio Perez moves, is there a second. J. L., you want to second it?
You don't have a second.
Mr. Gary: What do we do?
Mayor Ferre: I don't know what you do.
Mr.Roger Carlton: It's the City's money that's being lost right now. We
really need some direction.
Mr. Gary: Well, if you don't vote we still keep the interim facility, we just
cut out the tram service.
Mayor Ferre: Alright, just hold off until we get another Commissioner here
and we will get two votes on that. We will have to wait for a moment.
AT THIS POINT DISCUSSION IS TEMPORARILY DEFERRED.
41. PRESENTATION TO OFFICER BRIAN GLACCUIM., OFFICER BRIAN.
Mayor Ferre: In the meantime we have Officer Brian Glaccum. Officer would
you step up. Now, Charlotte Gallogly I would like to... I know today is an
off day because it's a Monday and we usually have Thursday Commission meetings.
But we have a tradition that has been established now that we get these
proclamations and plaques on the day of the presentation. It's a very
rush job. Sometimes they come in late. I just want to go on record as the
ceremonial head and what have you of the City. I will not sign anymore
proclamations on the day they are to be presented. This plaque... we have
had an officer of the Miami Police Department sitting here since 2 O'Clock
waiting and it just got here fifteen minutes ago. Alright, now ladies and
gentlemen it's my pleasure, late but sure, to present to Officer Brian Glaccum
a grateful acknowledgment for your many contributions to the City of Miami and
its residents demonstrated by your voluntary rejection as a promotion to
Sergeant in the Police Department in June 1983 in order to continue working
in the Overtown area. Now, ladies and gentlemen this officer was to become a
Sergeant and he decided on his own that he would rather work and continue
working in the Overtown area as an officer and I think this is certainly
worthy of recognition and commendation by the people of Miami.
42. KEEP TRAM IN OPERATION UNTIL OCTOBER 15, SERVING THE DOWNTOWN AREA
FROM THE FORMER FEC PROPERTY TO VARIOUS DOWNTOWN SITES.
Mayor Ferre: Joe, we were waiting for you because we are at a deadlock here.
And the deadlock is that the Manager has recommended that for a sixty day
period on a shared basis we maintain the tram open until the business community
in Downtown comes up with sufficient money to keep it going. And that gives
Roger sixty days to get that and I think out of courtesy to Roger and certainly
out of courtesy to the Manager in his recommendation. Now, I'm certainly in
favor of it, but we need a...
Mr. Carollo: What's it costing right now?
Mr. Roger Carlton: It's losing about twenty-five hundred dollars a month today.
Mr. Gary: Fifteen hundred. .Cp
JUL 18 1900
gl
UNIDENTIFIED SPEAKER: I'm sorry fifteen hundred dollars a month today.
Mr. Carollo: So, we are talking three thousand dollars, but we will be
pitching in about...
Mayor Ferre: No, it's less than that, because the Manager wants to split it.
I tell you, if you are going to split...
Mr. Carollo: We are going to pick up seven fifty, he will pick up seven fifty.
Mayor Ferre: Howard, if we are going to do it that way I really think you
need to go beyond sixty days. Let me tell you why. The month of August is -
a dead month. Everybody is gone. And for him to do his job he really needs...
I think you are going to need ninety days.
Mr. Gary: He has got August and September.
Mayor Ferre: Well, what I'm saying is nobody comes back here until September
the 5th or the 6th. So, give him until October 15th anyway. Let's say that
we do this until October 15th on a fifty fifty basis. Is that acceptable to
you, Demetrio, in your motion? Alright, is there a second? Any problem with
that? Until October 15th.
Mr. Carollo: October 15th, that's fine.
Mayor Ferre: Ok. Seconded, further discussion, call the roll.
The following motion was introduced by Commissioner Perez who moved its
adoption:
MOTION NO. 83-582
A MOTION GRANTING A REQUEST OF THE OFF-STREET PARKING AUTHORITY
TO CONTINUE THE OPERATION OF THE TRAM IN THE DOWNTOWN AREA OPERATING
FROM THE FORMER F.E.C. SITE ON BISCAYNE BOULEVARD TO VARIOUS POINTS
IN THE DOWNTOWN AREA THROUGH OCTOBER 15, 1983: THE MONTHLY COST OF
SAID SERVICE TO BE SHARED EQUALLY BETWEEN THE CITY AND THE OFF-STREET
PARKING AUTHORITY.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Demetrio Perez Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
Vice Mayor: J.L.Plummer,Jr.
ABSENT: None.
NOTE FOR THE RECORD: AGENDA ITEMS "J", "T", "X", "Z", 41, 43, 44, 45, 46,
& 128 WERE WITHDRAWN.
43. DISCUSSION ITEM OF POSSIBLE ORDINANCE CONTROLLING VIDEO GAME
ARCADES.
Mr. Carollo: Can we take Item "Z-1"? There are several people that are here waiting
to be heard and they are going to have to leave. We can just take it real quick.
Mayor Ferre: If I do that I will take everything else out of order. So, I
will be... if you want me to do that I'll be happy to comply with you, but I
cannot say "no" to anybody else the moment that happens. Unless there is an
emergency of some sort the moment I do that then I have got to... I don't have
any problems because of the... of your request, but I want you to understand
gl .69 JUL 18 03
and then we may have to go to other items.
Mr. Carollo: If anyone has any other emergencies I don't mind.
Mayor Ferre: Ok, we will take up Item "Z-1" and that's the video game
arcades. Reverend Angorga I know that you have a time constraint and I
apologize for making you wait so long. Alright, Commissioner Carollo.
Mr. Carollo: Mr. Mayor, what... the basic problem, Mr. Mayor, that we have
is that we don't have any criteria in defining what a video game arcade is
in the City of Miami and at the same time we practically have a free for
all in as far as where and how video game arcades and video machines can be
placed at and how they operate. We are having video game rooms pop up just
all over the City of Miami and basically all they have to do is just have the
right zoning and pay a license fee and there is no other regulation whatsoever.
So, what I would like to see done is, number one, for this Commission to define
what we are going to call a video game arcade and then two, establish some
guidelines and regulations that while being fair to the operators of these
machines are going to be fair in protecting the rights of the parents of
our community and above all the children of our community. What I would
like to propose in the form of regulations to give an example is, number one,
that we consider in the regulations when we license or allow these places to
keep on operating is to put down as a form of regulation that no minor will
be allowed to go into video game arcade during the regular school hours of
Dade County schools or before 4 in the afternoon unless accompanied by their
legal guardian or a parent. The problem that we have been having is that a
lot of kids have been skipping schools going to these places. At the same
time I think we should limit the hours of when these places operate. Some
are being open until 1, 2 in the morning or later. I think we should look
at the hours, that we should place a limit upon them to close down. At the
same time I think their should be regulated so that they would not be right
across the street from schools or saloons. I think one or the other areas
that we should look into is that whomever the operators of these video game
arcades are and all owners should be checked out thoroughly by the Police
Department. That's to make sure that we don't have anyone operating or has
any type of ownership in any of these places who's moral background is one
that would cause concern to us. I think the bottom line with that is that
these are establishments that are catering to young people basically. And
for that matter the majority of the people they cater to are minors. So,
I think these are some of the areas that this Commission needs to place in
the form of an official ordinance that would regulate video game arcades
in the City of Miami, including what is an appropriate fee per machine.
Mayor Ferre: Alright, I think the way to do this Commissioner, is I would
like to as Mayor appoint a Committee Chaired by yourself and the constituting
of the City Manager and the City Attorney and you call a meeting that's
appropriate. If you feel that you need to go into public hearings of some
sort, then you feel free to do that, then come back to the Commission with
specific recommendations.
Mr. Carollo: Alright, Mr. Mayor, I will try to come back to the Commission
if it's at all possible by the July 28th meeting. What I'm going to try to
do is to establish some guidelines and criteria so that this Commission can
place into effect as soon as possible and not let the school year be under
way for a considerable amount of time before they are placed into effect.
Mayor Ferre: Alright, thank you. I want to think Reverend Angorga and the
other people that are here on this issue or having come here to support it.
Alright, anything else.
Mr. Perez: Mr. Mayor, I want to express my concern on this stand that I
think that it is very important that the City of Miami pay attention to this
issue. The other day I read a newspaper from London where they expressed
about the constitution of a new organization, Gambling Anonymous, something
as a alcoholic group. They described that in London at this time four of
each six persons that try to be in contact with this organization are persons
betwen eight and seventeen years. And I think that in the City of Miami at
this time...
Mayor Ferre: And they are gambling in these arcades?
Mr. Perez: Uh huh and that's gambling, but that's the kind of gambling that
they are practicing in these video game rooms. And I think that it's very
important that we try to establish some kind of regulation in this issue.
gl ..70 JUL 18 1983
a a
Mayor Ferre: Alright, Plummer, do you want the addresses of some of those
places in London for the next trip? Alright, now anything else on this issue?
Yes, Ma'am.
Ms. Carolyn Coe: My name is Carolyn Coe. My address is 3980 Hardee. Mayor
Ferre and members of the Commission, I am involved in a minor percentage
partnership with a game room, a video game room in Coconut Grove. It's called
"Fun and Games". It is one of six "Fun and Games" video arcades in the County.
Two are in the City of Miami. One on Grand Avenue and the other one in the
Hyatt Regency, it's brand new. This is a subsidiary of the Edward J. De Bartolo
Corporation who is very heavily invested not only in this County, but in the
State. Before we even opened the game room in Coconut Grove I took great
steps with Joella Good who is the principal of Coconut Grove Elementary and
acquainted her with what it was we were going to be doing. I'm a mother of a
nineteen year son and a fifteen year old son and I care about the way my children
have grown in this community and other peoples children. I'm not necessarily
the rule of thumb as it relates to video game rooms. For the first maybe
twelve days from 6 O'clock at night to 10 at night I had an off -duty Miami
Police officer at my game room. The statement I was making to the public was
that we would not tolerate any shenanigans. And as a matter of fact Larry
Festa who is here today was among some of those hired by us. So, I was paying
twelve dollars an hour and five dollars a day to the City for their fee before
I made my first quarter just to keep a clean image. This is posted and it is
company policy in all of the "Fun and Games" video arcades, which is exactly
what you were referring to. If a child under the age of eighteen is in the
game room we ask them why they are there. Some times you have foreign visitors
that are children from other Countries and other Counties, other States that
don't have school. Private schools have different holidays some times than
the public school system. Also, one of our favorite video game patrons is the
truant officer in Cc--onut Grove and when he cannot find a child he comes to the
game room immediately. If the child is not in the game room it's very possible
he is somewhere around. My remark to this is, if the child is playing hooky
and children have been playing hooky long before video game rooms came into
being at least we have a place where the children can go for a quarter and
amuse themselves and I agree with what you are saying as far as putting regulations
on game rooms. I think that should be the case, because I think the image could
be cleaned up a lot. Basically, all video game rooms are in my opinion a
sophisticated baby sitting _cervices and if I could be on the Committee that you
have appointed, I don't know if a citizen can be part of a Committee, but I
would like to assist in any way I can.
Mr. Carollo: Well, I think maybe the way of doing it is when we call our
first meeting is to try to notify as many as the operators or owners as yourself
to be able to come in and give us some input. And I certainly intend to go
and get some input from owners such as yourself, but I have to agree with one
statement that you made that you are not the typical owner/operator of a video
game arcade room.
Mayor Ferre: Well, I think what we will do is I'm sure Commissioner Carollo
will call you and we will have plenty of opportunity in the future to discuss
this before... I mean, if this is going to become a law believe me we have to
go through the public process and have public hearing and all that and you will
have plenty of opportunity to input.
Mr. Carollo: If before you leave you can leave your name and phone number in
my office which is to your right, I would appreciate it.
Ms. Coe: Thank you, very much.
Mr. Carollo: Thank you.
Mayor Ferre: Alright, thank you, very much.
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JUL 18 1983
C t
44. BRIEF DISCUSSION ITEM - PROPOSED USE OF FIRE STATIONS FOR
NEIGHBORHOOD POLICE SUBSTATIONS AND POSSIBLE CREATION OF TOURIST
POLICE DETAIL.
Mayor Ferre: We are now back on Item "K" Mr. Manager.
Mr. Gary: That's Commissioner Perez's item.
Mayor Ferre: Commissioner Perez, both "K" and "L" are yours, do you wish
to say anything on that? "K" and "L".
Mr. Perez: We have a recommendation from the City Administration on this
issue. Anyhow it's about the tourist police. It's important Mr. Mayor...
Mr. Plummer: No, "K" is first.
Mr. Perez: What?
Mr. Plummer: "K".
Mayor Ferre: "K".
Mr. Perez: Oh, yes "K" and
Mayor Ferre: "K" is the use of fire stations as neighborhood police substations.
The Chief of the Fire Department recommend...
Mr. Perez: Do you have the recommendation?
Mayor Ferre: The recommendation is negative.
Mr. Perez: In both issues? I was out of the country and didn't read the recommendations
yet, but... And about the tourist police. I think that the tourist industry is
one of the main revenue of this area and if we cannot constitute a department,
I think that it would be important that the officer that we have in the Downtown
area receive special instruction in this area. In any part of the world you
have a tourist police. In Cuba they have tourist police in 1950 and they have
a force in Greece. In all different parts of the world it's easy to find a
tourist police and I think that in Miami the tourist industry is an important
part of our economy life. I think it would be important that the Manager's
Office try to discuss for a future meeting making possible recommendation and
I would like to bring some ideas and some experiences that we have received
from different other countries that I think that would be useful in this area.
Mr. Plummer: The only problem you have got today in Cuba, you got more police
than tourists.
Mr. Perez: Anyhow I would like to withdraw both...
Mayor Ferre: Mr. Manager, I think that's a well taken position and that is
that I think that if police officers are going to be in... especially in areas
where they come in contact with tourist such as the Downtown area and the hotel
area that they perhaps so that we set up some kind of a... And I think this
is done in tourist areas around the country where police officers have contact
with tourists that there be some kind of training. I don't think you are
talking about very extensive training.
gl
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45. DISCUSSION OF PROPOSAL TO APPOINT ONE INDIVIDUAL TO SERVE AS
CITY OF MIA14I ARTS PLANNING COORDINATOR.
Mayor Ferre: Alright, we are now on Item "M". This is your issue also
Commissioner Perez. This is Nora Swann. Item "M".
Mr. Perez: Oh, yes, this is Mrs. Nora Swann. She has a proposal.
Ms. Nora Swann: First this is Nora Swann, 5055 Collins Avenue. Mr. Mayor and
members of the Commission, I am here actually not to ask anything from the
City, but to offer my services and my expertise. Many cities throughout the
country have been coordinating the arts planning with the City planning and
I feel that Miami should not settle for less than other large cities like
Baltimore, Boston or San Francisco. To serve the growing public interest
in the arts and to use the arts more fully as a focus for present and future
development, neighborhood revitalization and to maximize our rich city resources
the City of Miami needs to appoint a qualified coordinator for arts planning
who could work in conjunction with the Planning Department, Downtown Development
and to act as liaison with private development with the goal of inteeratine
cultural activity where it would enhance the ambience of a project or a
neighborhood. This division could act as information center and management
consultants concerning all aspects of arts administration, grant sources and
cultural resources.
Mayor Ferre: Nora, I don't mean to cut you off from reading that statement,
but in the interest of time I think... Commissioner Perez, are you recommending
that the administration look into this and come back with a specific recommendation?
Mr. Perez: Yes and I would like to send to the administration the letter that
I received from Mrs. Nora Swann. I support in full the appointment of Mrs. Swann
as the... I think that is...
Mayor Ferre: For a dollar a year.
Mr. Perez: Uh huh, for a dollar a year for that position.
Mr. Plummer: That much.
Mayor Ferre: Mr. Manager, I think it is the sense unless somebody objects
now of the Commission that you look into this and you report back...
Mr. Plummer: No, I got to find out where the money is coming from.
Mayor Ferre: Alright, thank you, very much Nora and we will be hearing, I'm
sure from the Manager.
46. DISCUSSION ITEM - PERSONAL APPEARANCE ROGER CARLTON, OFF-STREET
PARKING AUTHORITY CONCERNING ADVANCED REFUNDING OF BONDS.
Mayor Ferre: We now are on Item "N", discussion of the negotiated sale or
competitive bids for advance refunding bonds. Alright, Mr. Manager, this has
your recommendation.
Mr. Gary: I want some clarification on the negotiated amount. What would be
the amount? That's what's key. '
Mr. Carlton: Mr. Mayor, what we are recommending is that the bonds be sold
on negotiated sale and this is after a competitive process to pick the underwriter.
That means that you work with the underwriter right up to the last minute at
gl .73 JUL 18 1983
which point you determine the final interest rate and the discount on those bonds
subject to review by the Off -Street Parking Board and ultimate approval by this
Commission.
Mayor Ferre: Alright, Roger and members of the Commission, again in the interest
of time. Mr. Manager, I follow the bond market. Ok. Because I follow it
carefully. I'm telling you that I think that he needs to have some flexibility
to move very quickly because it's changing.
Mr. Gary: I agree.
Mayor Ferre: And I think he needs to be able to move quickly on this bond
market.
Mr. Gary: I agree.
Mayor Ferre: Now, the only thing that I am concerned... I want to make sure
now Roger, we don't have any criticism, you know and that it's all open and
totally above board and it's always arms length transactions and everything
is document and that there is no chance of anybody coming back. So, I would
like very much in this process if you do this through keeping in touch with
Mr. Gary and the City Attorney so that... in documenting everything so that
there is no question of any slip up.
Mr. Carlton: Yes, sir, we will do that. The City's Finance Director sat
with us on the Committee that's reviewing the underwriters and we will
cooperate. We would like to bring back to you on the 28th a purchase agreement
for these bonds.
Mayor Ferre: Just make sure you keep records of everything you do and that
every time you have a meeting that you keep careful minutes, that they be
available to the press, that you inform the press of your meetings, you know,
in those areas that are not sensitive where you can end'up getting a disadvantage,
but whatever you do make sure that you keep careful records of everything
you do.
Mr. Gary: Well, the key is is that on July 28th you have got to establish a
maximum interest.
Mayor Ferre: And Mr. Manager, you are going to have to come back and recommend
what that's going to be to us. Ok. Yes, sir Commissioner.
Mr. Dawkins: Mr. Mayor, I do not believe in having opened ended bids. I sit
here on this Commission and I see things start out and end up way on top and
unless there are some perameters given to Mr. Carlton in which to work I cannot
vote for this.
Mayor Ferre: Yes, I understand, but that's exactly what we plan to establish
on the 28th with the Manager's recommendations. Alright, so based on that
as the basis alright. Now, I want you to know Miller, that I respect and
this... That I respect that opinion. We have had in this Commission some
very strong divergence on this issue. The last time it came up to a head
was Commissioner Rose Gordon, one of your predecessors was very very much
opposed to this procedure, because she said that it had to be on a bid basis.
Colonel Wolfson at that time recommended that we go on an negotiated basis.
It was a split vote. I forget whether it was four to one or three to two,
but as it turned out Colonel Wolfson was right and we ended up saving millions
of dollars for the people of Miami, because we happened to move very quickly
on it.
(BACKGROUND COMMENT INAUDIBLE)
Mayor Ferre: He is not here at this point and that's exactly what I told
Howard, is that, you know, one thing is to do these with Mitch Wolfson guiding
it and another thing is I didn't mean to be disrespectful to either Roger
or Howard, but it is another thing to do it with you guys guiding it.
Mr.Roger Carlton: The Colonel and I still talk.
Mayor Ferre: I'm glad to hear that. Now, is Howard included in these
conversations?
Mr. Roger Carlton: He will be from now on.
91 . 74 JUL 1$ 1983
Mayor Ferre: Alright, do you need a vote?
Mr. Plummer: I'll tell you, Roger Carlton, next meeting is coming back for
meters in the cemetery, because that's the only place he hasn't gotten.
Mayor Ferre: Now, do you need a motion from us?
Mr. Carlton: Yes, I would to approve the negotiated sales subject to next
week.
Mayor Ferre: Subject to our establishing the perameters on the 28th. -
Mr. Gary: No, you don't need a motion for that. He is going to come back on
July 28th, that's when you are going to vote.
NOTE FOR THE RECORD: AGENDA ITEM "0" WAS WITHDRAWN.
47. PERSONAL APPEARANCE - MR. ROGER CARLTON, OFF-STREET PARKING
AUTHORITY CONCERNING SUB -LEASE OF LOT UNDER I-95 BETWEEN S. W. 6th
AND 7th STREETS.
Mayor Ferre: We now have Item #P, which is a sublease for a parking lot under
I-95 between Southwest 6th and 7th Street. Roger.
Mr. Roger Carlton: Mr. Mayor, this is a proposal to sub -lease one block under
I-95 that the City currently leases from the State of Florida. It's immediately
South of the park that you are developing on the former tent city site. In our
discussions with Carl Kern, he says he has no immediate need for that site. What
we are proposing is that that parking lot be free for park patrons at night,
holidays and weekends and that we sell it during the working day and we already
have demands for that space. And there would also be a reverter clause in the
event the City did need it, that you could get it back.
Mr. Plummer: What's the Commission's pleasure?
Mr. Gary: Under discussion:
Mr. Plummer: Under discussion, Mr. Gary.
Mr. Gary: First of all I would like to say that I am very pleased with the
ambitious approach that my colleague Mr. Roger Carlton is taking with regard
to the Off -Street Parking Authority, but I must also remind the City Commission
that off-street parking is the responsibility of the Off -Street Parking Authority.
And prior to Roger Carlton because they were very slow in moving with regard to
parking projects, we used our land and our money to build parking garages and
we find ourselves putting interim, as Commissioner Plummer say temporary permanent
facilities or park land. Now, the responsibility for off-street parking is the
Off -Street Parking Authority. They should be the ones responsible for that.
They should be the ones absorbing the cost for that, but we find ourselves
absorbing more and more cost. What I'm recommending is is that if we sublease
it we do the same thing with Mr. Roger Carlton as he does with us and that is
he has got to pay us for the land and that we get a return on our land in terms
of the sub -lease.
Mr. Dawkins: Amen. I second the motion.
Mr. Plummer: Further discussion.
Mr. Carlton: That's fine if the City owns the site, but this one is owned by
the State and...
Mr. Gary: But we got rights to it.
gl 75 JUL 18 1983
Mr. Dawkins: Ok, then by the same... You see this is the problem I have with
Off -Street Parking, you all want everything for nothing. You want the Olympia
Building fixed free and you collect the money, you want the parking facilities
free and you collect the money and you don't want to share with us.
Mr. Carlton: What we intended on this one...
Mr. Dawkins: No, no, no, here is what you are going to do. You either give
us the rent for it or you don't get it, that's my motion.
Mr. Plummer: Is there a second to the motion? Is there a second to the motion?
Is there a second to the motion? The motion dies. Any further discussion on
Item "P".
Mr. Gary: If you will recall this is next to...
Mr. Plummer: Sir, you are out of order. The motion died.
Mayor Ferre: What are you playing with now?
Mr. Plummer: I'm not playing with anything. There was a motion made. I asked
three times for a second.
Mayor Ferre: A motion on what?
Mr. Gary: For a park next to Jose Marti Park.
Mayor Ferre: I second the motion.
Mr. Plummer: There is now... Well, ok.
Mr. Dawkins: No, no, no, I vote that they pay us for the land. Don't second
it.
Mayor Ferre: Oh, oh.
Mr. Plummer: Once again is there a second? Is there a second? Is there a
second?
Mr. Gary: The Mayor seconded.
Mr. Plummer: He says "no".
Mr. Gary: Can we second for discussion?
Mr. Plummer: No, you are out of order.
48. PERSONAL APPEARANCE - MR. ROGER CARLTON, OFF-STREET PARKING
AUTHORITY CONCERNING PLANS FOR EXPANSION OF PARKING LOT AND
INSTALLATION OF PARKING METERS AT KENNEDY PARK.
Mr. Plummer: Next Item. Item "Q". Discussion of David Kennedy Park.
Mr. Carollo: You want to put meters there too Carlton?
Mr. Gary: If I may under discussion before they are called.
Mr. Dawkins: Under what? Under
Mr. Plummer: "Q" as in cue ball. The question is if you put meters in that
park does David Kennedy get a royalty and little David. Do you have discussion
Mr. Gary?
Mr. Gary: Mr. Vice -Mayor, as you know at Kennedy Park we have a serious parking
problem. We don't have adequate space �� that park and what we are proposing
J U L 18 1983
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6 9
which is the same as what we were proposing at Jose Marti Park is to set up
an orderly, clean, healthy parking environment. Now, to not do that would
cause us to have the same problems we are having today and that is people
parking illegally all on the grass and we are trying to prevent it at Kennedy.
We also want to prevent it from happening at Jose Marti Park, which we anticipate
would be a heavily used park. If you don't provide adequate parking you are
going to have traffic problems, you are going to have health problems and
safety problems.
Mr. Plummer: Fine. Are you speaking for the motion or for the item?
Mr. Gary: Yes, I am.
Mr. Plummer: Ok► what is the item? You are going to build it, you are going
to construct it and then you are going to put meters in it?
Mr. Roger Carlton: Yes and as soon as the investment is returned we would
share the profits with the City. That's the proposal as it was on Item
The same thing.
Mr. Gary: This is going to be on a eighty twenty share.
Mr. Plummer: The proposal is that they construct parking in Kennedy Park and
cost to be burdened by the Off -Street Parking Authority. Once it has been
paid back then it would be a fifty-fifty split from there on.
Mr. Plummer: With no quarantee from the City.
Mr. Carlton: That's fine. On both items that's fine.
Mayor Ferre: Now, Roger, my only concern about your putting parking in Kennedy
Park I want to see where you are going to put the parking before you go and
put parking, because that's a very sensitive area. And I'm not for the parking
along the street there because it's going to be a disaster. Where are you going
to put the parking?
Mr. Carlton: Sir, it would be located on what is the... I suppose the North
side where there current parking lot is.
Mayor Ferre: The North side? That's where the parking is now.
Mr. Carlton: And it would be turned a little bit in an "L" shape back into the
park so that we could get some more spaces because there is a shortage there,
but in terms of frontage there would be no addition.
Mayor Ferre: I got no problem, but I want to see a drawing of it and I want
everybody in this Commission to see a drawing before we write off on it or
we will have ten thousand people screaming at us in this town.
Mr. Gary: Mr. Mayor, I would like to add as a condition that the design will
include input from staff and be presented to the City Commission for final
implementation.
Mayor Ferre: Ok, that's fine. That's even better. Thank you, sir. Do we
vote on that?
Mr. Gary: No, sir.
Mayor Ferre: Yes, sir.
Mr. Gary: Can we try to get the same thing for Jose Marti Park? I think that
would be discriminatory if we don't include that.
Mr. Dawkins: No, no it's already dead. Come back at the next Commission
meeting.
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49. APPROVE MANAGER'S RECOMMENDATION CONCERNING PAYMENT OF HEALTH
BENEFITS FOR RETIRED EMPLOYEES.
Mayor Ferre: We are now on "R". Alright, we have the retired employees.
Alright, Mr. Parks.
Mr. Parks: I'm Ralph Parks, President of City of Miami retired employees.
I understand from a meeting that was held with our association and the management
of the City, that they have made a proposition, which I think you have before
you with regard to the insurance premiums.
Mayor Ferre: Is that acceptable to you what's in our packet?
Mr. Parks: That is acceptable due to the fact that they made it very plain
that that was the best we could expect now. Why I'm here mainly today is to
two things. One of them is to thank you for this and also to go on record
as saying that it is close time for the budget and it's close, time for the
cost of living. While they gave us a proposition of reducing our increase on
the premium to sixteen percent instead of thirty-two if our people could...
Mayor Ferre: For those under sixty-five. For those over sixty-five there is
no increase.
Mr. Parks: Over sixty-five no increase. The people would... our people would
appreciate very much if when the time for the cost of living allocation if you
could find some way of increasing it, which would help offset the premium
advance and I know that...
Mayor Ferre: Ok, Ralph. Ok. Well, that's something that's not before us
at this time. Mr. Manager, I guess you do need a motion on your proposal, right?
Mr. Plummer: I'll move the adoption of the Manager's recommendation.
Mayor Ferre: Is there a second?
Mr. Carollo: Well, I will second it for the sake of discussion. That doesn't
mean I'm going to vote on it.
Mayor Ferre: Go ahead.
Mr. Carollo: Again I want it for the record. Are you satisfied with the
proposal that has come before us?
Mr. Parks: We are satisfied... in my discussions with Mr. Dunlap or Mr. Rosencrantz
they assured us and were very helpful about it to the fact and I have seen the
figures and I know that we are going to have some kind of an increase. I would
like to get more naturally. We would all like that. But under the circumstances
I think that if we could feel that we would get something increased in the
cost of living we could live with the insurance as this proposition is.
Mr. Carollo: Ok. So, you are then endorsing it?
Mr. Parks: Yes.
Mr. Carollo: Ok. Based upon Mr. Park's recommendation I would vote positive
with the motion. However, I would still like for the administration to go
back to the drawing board and see what else can be done in the form of some
additional benefits that could be presented to'this Commission. So, when we
study the new years budget, we might be able to help the retirees some additional
ways.
Mayor Ferre: Ok. Are you r4aay to vote now? Call the roll please.
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The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 83-583
A MOTION APPROVING THE RECOMMENDATIONS MADE BY THE ADMINISTRATION,
AND AS CONTAINED IN A MEMORANDUM FROM RANDY ROSENCRANTZ TO
HOWARD V. GARY, CITY MANAGER, CONCERNING AN ADJUSTMENT IN HEALTH
BENEFIT COSTS FOR RETIRED EMPLOYEES.
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 J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
50. DISCUSSION OF DOWNTOWN DEVELOPMENT AUTHORITY AND OFF-STREET
PARKING BOARD.
Mayor Ferre: Discussion of the Downtown Development Authority and Off -Street
Parking Boards. Commissioner Dawkins, I think that's yours.
Mr. Gary: This item is about the budget process for those two agencies.
Mr. Dawkins: No, it's about the Downtown merchants. Are they here? These
gentlemen are merchants from the Downtown area who are being squeezed almost
out of the Downtown area and we have a problem in that we have no parking on
one side of the streets and then they want to put parking meters on the other
side of the street and restrict the parking. The merchants have no problem
with accepting the meters. The problem they have is with the restriction that
the Downtown Parking Authority has put on the meters and the mere fact that
--- and if this is an error I'm glad you are here--- "That a dictatorship has
taken over and if the meter ticks one minute over a tow truck has been standing
by to haul people away". So, go ahead.
Mr. Fred Tennen: Mr. Commissioner, Mr. Mayor, we came here today to discuss
the problems I... My name is Fred Tennen. My business place is at 433 North
Miami Avenue and I come here on behalf of the Downtown Miami Chamber of Commerce.
Mr. Ernesto Valdez is the President and Mr. Rogelio Puerto is a businessman
that came also to accompany us to discuss it. There are certain new regulations
like you mentioned that have been implemented in Downtown that have created a
number of problems for the businessmen in the area. But while we were waiting
to be called we had our meeting with Roger Carlton about these problems and
Mr. Carlton has told us that he has been working with Dade County on these
problems that we have been prepared to discuss here today and he is assuring us
that in no later than a week to ten days a lot of new changes will be implemented
into those regulations that went into effect about three months ago. So, at this
time we are prepared to wait and give the Off -Street Parking Authority a chance
to prove to us that we can work together instead of coming here to burden you
with these problems.
Mr. Dawkins: Is that true, Mr. Carlton?
Mr. Plummer: Well,... Go ahead. -
Mr. Dawkins: Is that true, Mr. Carlton.
Mr. Carlton: Yes, sir it is. We are in a difficult situation in that originally
there were no meters and no parking at all in those areas and in an effort to
increase parking approximately a hundred spaces, we asked permissionh�m fade1QQ3
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County which has the power in this situation to regulate the streets even in
the City to put those meters in. We did on a ninety day experimental basis and
we learned somethings about the hours of enforcement, the difficulty of reading
the signs and some other issues. And we went back to the County after
requests from various merchants to loosen up the hours, to adjust the towing
program and to do what they wanted to do essentially and the County has agreed
and it's a function now of ordering the new signs which take a little while to
get. And we have stopped towing until those new signs come in and we are
going to do a better public information program and I guess the benefit of the
whole thing is that we have improved our relationship with the merchants,
set up a communication to talk with them and we have picked up a hundred
parking spaces at no cost at all to the City.
Mr. Dawkins: Ok, I want it understood that I'm not saying--- and please, I
want everyone to understand--- that Mr. Carlton and the parking meters is the
cause of the problems the merchants are having. We have a bad economy, therefore,
there is not that much money to spend. We do not have the people coming from
South America to shop. So, these merchants need every sale they can get. So,
I'm happy to know that we are working together to find a solution. Thank you.
Mr. Plummer: Well, let me... Roger, I got to get back into this thing, because
I had a man to come screaming to me the other day. He was parked on Northeast
2nd Avenue and somebody come there snatched up his car at 401 and charged him
seventy-eight dollars to tow his car. Now, you know, it's fine for you to say
that you got approval from Dade County who sometimes in the past has taken an
attitude the City be damned and say fine, put your meters up there. But let
me tell you something. Those meters especially on Northeast 2nd Avenue have
caused a problem of flow of traffic down to almost one lane. You have got on
the west side of Northeast 2nd Avenue you have got loading zones which are
important and they have got to be enforced. Now, you have put parking on the
East lane and I want to tell you something. I remember being told many times
one of the reasons I won't go Downtown to shop is because it takes me an hour
to get through the damn traffic. You take Flagler Street. I rode Flagler
Street yesterday and not at lunch time and not at the rush hour and I want to
tell you something. The flow of traffic on Flagler Street is dawn near impossible.
Now, I don't know what the answer is. Ok. But I'm going to tell you one of the
answers or one of the problems is the flow of traffic in the Downtown and the
more you clog the streets, there is no question those additional meters are
clogging the main arterials. The worst it's going to be and the more reasons
you are going to give people not to shop in the Downtown area. Now, I want to
know... and I will ask you, because I abide by your opinion. What right does
the City Off -Street Parking have to without coming before this Commission say
we are going to put meters on this street. Can you do that without the City's
approval? I know that you have the right of any parking to put meters if it's
be so designated. But I'm finding meters popping up in front of churches. I'm
finding meters all over this community and you know, I want to tell you...
Does the Off -Street Parking Authority have the right to go to any area and put
up meters without anybody's approval?
Mr. Carlton: Not without anybody's approval.
Mr. Plummer: Well, I mean the City's approval.
Mr. Carlton: There is two levels of review Commissioner,...
Mr. Plummer: Look, I don't want to take up your time. You are going to come
back and report to these people next week, right? When you come back I want
you to address that issue to me. I would appreciate it in writing before hand.
Mr. Tennen: Thank you.
Mayor Ferre: We want to thank you for your patience on this.
Mr. Carollo: And Roger, can you include in that the process that you all have
to collect the fund from those meters and the security behind it, so on and so
on? ;
Mr. Carlton: I'm sorry, I don't think I understand.
Mr. Carollo: The process that you all follow when the funds are collected from
the meters. Can you include some reference to that process that you all follow?
Mr. Carlton: I will make that a separate report, but I will be glad to do that.
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Mr. Carollo: Right. As to whom the company is and the process they follow from
the time that they open the meter to collect the money to where it's deposited
in the bank. Thank you.
Mr. Carlton: I will be glad to do that Commissioner.
Mr. Carollo: Thank you, Roger.
Mayor Fer:-e: Miller, is that all?
NOTE FOR THE RECORD: AGENDA ITEM "T" WAS WITHDRAWN.
L51. PRE -PRESENTATION PHASE III DINNER KEY MARINA REDEVELOPMENT PROJECT.
RESCHEDULE TO NEXT MEETING.
Mayor Ferre: Alright, we are now on Item #U, phase III of the Dinner Key Marina
development project. Alright. Another picture. We have been seeing pictures
for eight years now..
Mr. Ron Falkey: Well, we are getting very close to bringing this to fruition.
My name is Ron Falkey. I'm project manager for Greenleaf Telesca and our offices
are at 2650 Southwest 27th Avenue. Briefly as you have seen many pictures of the
Dinner Key area, I would like to present what we have concluded as a program for
the Dinner Key renovation remodeling. Briefly, we have maximized the pier areas
for the slips in this area and we will create and we will provide four hundred
ninety-nine slips. A hundred seventy-four slips more than the existing marina.
They will all be new construction. All of the piers will be new. It will be
precast concrete twelve foot wide with the utilities in a trough built into this
structure. The concrete will be five thousand for the piles, forty-five hundred
for the rest of the construction. A minimum cover of three inches of concrete
over the steel. All the steel will be epoxy coated and we would assume a thirty
year practically maintenance free marina. We have...
Mayor Ferre: I want to make sure that our marina that we are going to put up
is as good as the one that the Coral Reef Yacht Club is doing and the one that
Marty Trainer has done, because I don't want to hear after it's all done that
we got a marina not as good as the others in the vicinity. So, let's make
very sure that we really come up with, if we are going to spend these kinds of
dollars, that we come up with a first class marina.
Mr. Gary: Mr. Mayor, may I politely ask that we reschedule this item until the
next meeting?
Mayor Ferre: Alright, this item will be heard at the next... and I also want the
Water Board's input on this. Ok. Mr. Dean, are you involved in this? Alright,
we are now...
52. BRIEF DISCUSSION AND REPORT - STATUS OF JAPANESE GARDEN ON WATSON
ISLAND.
Mayor Ferre: Thank you, for your patience and we are now on "B", which is the
Japanese Gardens.
Mr. Carl Kern: Mr. Mayor and Commissioners, my name is Carl Kern, Director of
the City of Miami Parks Department. As you recall quite a few months ago we
had some stories about the closing of Japanese Gardens because of very poor
conditions. Basically, to summarize what we have done. We have cleaned up
the entire garden and it's now open by permit only. That is you can rent it
for weddings or photographic sessions or whatever. We do not have the staff
to operate it and maintain it like we should and what I'm going to tell you
about, I hope to enter into some negotiations with a private group such as
gl V JUL 18 1983
the Japan American Society or some other self interest group.
Mayor Ferre: Now, look, Carl. There are some of us here and I'm one of them,
who know most of the people for the Ages of Society. Ok. Alright, and now those
people and especially the Japanese portion of it are extremely generous and they
do this all over. If you ask me to I would be very happy to contact some of them
to see if we could get some special funds. Let me tell you what the problem is
The problem is is that there isn't one person in Miami, not one and I doubt
if there is anybody in Florida that knows anything about Japanese tea gardens.
Ok. That's a very specialized world. Alright, now there happens to be... There
is an architect in this town who studied in Japan who might help you a little
bit and his name is Lester Pancoast. And in my opinion, you ought to get Lester
Pancoast to come up with some names of people who know something about this
which you and I don't. Ok. And we ought to come up with some specific recommendations
with... may be bring some people in from California or wherever and perhaps get
the Aged Society and the Japanese portion of it to help us with some funding so
that we can get artisans in here to fix that place up. In the meantime, sir,
I think you should also ask Lester Pancoast to come up with a proposal, hopefully
voluntarily on his part and if not then we have to go through some bid process
to design a fence around that place, because until you have that place properly
secure there is no way in Gods world that you can keep the hookers and the panhandlers
and the others from desecrating and destroying that place. Because that's what
they do. They go in there an it becomes... I mean, the odor that comes out of
that place is unbelievable and that's why. There is no way you can stop that
until you have it properly fenced and secured. Ok.
Mr. Kern: Right. What about the idea of... we have talked to Japan American
Society and other groups that may be interested in running the garden for the
City and utilizing their specialized knowledge of these, like the tea house and
this sort of thing. How would the Commission feel about...
Mayor Ferre: Who knows something about tea houses?
Mr. Kern: Well, the Japan American Society and some of the other...
Mayor Ferre: That's what I'm talking about.
Mr. Kern: Yes, I have talked to them already and they are interested in
entering into negotiations with the City to operate and run the garden.
Mayor Ferre: I know that you have a... that you and Kitty don't always see
eye to eye, but Kitty knows all those people. Ok.
Mr. Kern: Yes, I have met them too.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Have you talked to the Executive Director?
Mr. Kern: I appeared before their board.
Mayor Ferre: I'm talking about Kaye. What's Kaye's last name? If you know
them you know who I'm talking about. The President and the Executive Director
of the Ages Society is who you need to talk to Carl. Ok. And if you call on
me I would be happy to... I know them personally. I know them well. Hey, and
they have been involved in other projects that they are interested in and I will
be happy to help you on it. Just let me know.
Mr. Gary: We will follow up on your suggestion Mr. Mayor.
NOTE FOR THE RECORD: AGENDA ITEM "X" WAS WITHDRAWN.
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JUL 18 1983
53. BRIEF DISCUSSION AND DEFERRAL OF CONSIDERATION OF ADJUSTMENT TO
CITY ATTORNEY'S ANNUAL SALARY. MATTER TO BE DISCUSSED JULY 28TH.
Mayor Ferre: We are now on "Y". This is the City Attorney's annual salary.
Mr. City Attorney, where do we stand on that?
Mr. Garcia -Pedrosa: Mr. Mayor, I rendered to you a written report, a copy of
which is being passed out.
Mayor Ferre: Mr. City Attorney, what is your present compensation?
Mr. Garcia -Pedrosa: It's eighty-two thousand two hundred twenty dollars.
Mayor Ferre: When was the last time... Is this a merit increase?
Mr. Garcia -Pedrosa: I suppose so. When you reviewed my salary and I have
attached a copy of Resolution 83-15, after six months you indicated that you
wanted to review it again after one year and it may not seem that way Mr. Mayor,
but I have been here one year now.
Mayor Ferre: You have been here for one year exactly now? And... so we haven't
raised your salary as such, is that correct?
Mr. Garcia -Pedrosa: Yes, sir.
Mayor Ferre: We have raised it or we have not?
Mr. Garcia -Pedrosa: Yes, sir you granted me an increase in Resolution 83-15.
Mayor Ferre: That was a six month increase wasn't it?
Mr. Garcia -Pedrosa: That's correct.
Mayor Ferre: And how much did we increase it then?
Mr. Garcia -Pedrosa: I believe it was five thousand dollars or....
Mayor Ferre: It was five thousand dollars.
Mr. Garcia -Pedrosa: Roughly, Mr. Mayor.
Mayor Ferre: Ok. Well, the problem is that we don't... I'm not going to ask
you what the recommendation is because... Has anybody looked into this on the
City Commission? I mean, has this been discussed with anybody? Is there a
standard or we... The only standard we have is the City Manager. So, we have
to go on a percentage basis.
Mr. Garcia -Pedrosa: Mr. Mayor, I have no recommendation. There is no standard.
I have not discussed it with anyone.
Mayor Ferre: Mr. Manager, we increased your salary as I recall in April was it?
Mr. Gary: When was that Rick?
Mr. Plummer% But why six months?
Mr. Gary: That was April 16th.
Mayor Ferre: And how much was the increase at that time?
Mr. Gary: 10.
Mayor Ferre: Ten percent. Alright, then I think, you know, to keep this thing
on an even keel it would be my opinion that we ought to do the same thing for
the City Attorney.
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Mr. Dawkins: The only problem I have with that is that...
Mr. Plummer: Wait a minute, you have already given one, right?
Mr. Dawkins: That's right and so he doesn't get another one until another year.
Mr. Plummer: You have already given him one raise.
Mr. Gary: Well, let me explain...
Mr. Plummer: The Manager didn't get a six month interim.
Mayor Ferre: Oh, no I think that it has to be taken into account. I'm just
saying that I think we ought to do the same for the Manager and for the City
Attorney. Whatever it is. Now, if it's ten less with the increase that he
got... whatever it is it ought to be, obviously, on a precentage basis.
Mr. Plummer: I make a motion that we refer it to the Manager and recommend
back to us at the next meeting.
Mayor Ferre: The Manager? You are not going to do that.
Mr. Plummer: Yes, by virtue of what is in fact has been going out in the budget.
Mayor Ferre: No, don't put him in that position. The City Attorney does not
report to the Manager.
Mr. Plummer: Mr. Mayor, if you would have listen to my motion, it was to
have the Manager come back and give us a chronological of what raises were
given, how much, what the general percentages were as it applies across the
board.
Mayor Ferre: I have got no problems doing it that way. I think it's a decision
that we on the Commission need to make on our own.
Mr. Plummer: We have to make it.
Mayor Ferre: And I think it has to be, you know, out of fairness. I'm not
saying that there should be parity, because I frankly don't think there should
be parity. We established that at one time in this Commission. I thought that
was a mistake. How long ago was that that we established parity, Plummer? Do
you remember?
Mr. Plummer: Back with...
Mayor Ferre: It was with Grassie.
Mr. Plummer: Yes.
Mayor Ferre: And George...
Mr. Plummer: Yes.
Mayor Ferre: ... it was with you. Didn't we established parity between you
and the City Manager?
(BACKGROUND COMMENT INAUDIBLE)
Mayor Ferre: We never reached it. Well, we haven't reached it here either.
I don't think there should be parity, but for sure I do think that what's
sauce for the goose has got to be sauce for the gander. Now, you argue
amongst yourselves as to which one of you is the goose and which one is the
gander.
Mr. Carollo: How much is the City Attorney making presently?
Mayor Ferre: Eighty-two thousand two hundred twenty dollars.
Mr. Carollo: Eighty-two thousand two hundred twenty dollars. And what is the
increase that we are talking about now?
Mayor Ferre: We are not talking about any percentage. My statement was, I
.84 JUL 18 1900
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asked the Manager how much he had gotten in his April increase. He said ten
percent. Somebody said that there was a problem equating it because we have
to keep it apples to apples and that in fact... Well, as I...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Well, as I understood it there was a six month differential
because the City Attorney received a six month salary increase and that was
what came in the question. Now, I interpret that to saying hey, if the guy
got a six month you can't give him a ten percent because that isn't apples to
apples. Now, that's my way of putting, but am I wrong?
Mr. Carollo: Well, I would like to say this Mr. Mayor, that I think we have
gotten ourselves a heck of a City Attorney. I'm extremely pleased with the
quality of work that the City Attorney and the staff that he has have been
doing for the City of Miami and I don't think we could have made a better
selection and I'm not afraid to say this publicly. You know, and I'm glad that
that's one decision that I made that came out extremely good for the City.
Sometimes it's hard from up here to judge when you make so many appointments
that you vote upon and sometimes you are shooting crap, but I made a good
decision in the City Attorney. He is a very objective individual.
Mayor Ferre: Alright.
Mr. Carollo: The salary that he presently makes is eighty-two thousand two
twenty. Now, are we talking of an increase at this point and time?
Mayor Ferre: Yes.
Mr. Carollo: What type of an increase are we talking about?
Mayor Ferre: We are talking about in my opinion, I'm perfectly willing to
vote right now to increase the City Attorney's salary in direct proportion
on a percentage basis to the increases granted to the Manager whatever they
may be over the past year taking into account the six months that the City
Attorney got, that the Manager did not get.
Mr. Carollo: See this is where I have a problem. As I stated, I think he )as
done an excellent job. However, eighty-two thousand two hundred twenty is a
pretty good salary. At the same time I would like to know for instance what
the City Attorney or should I say County Attorney in Dade County makes.
Mayor Ferre: He is not far eighty-two thousand. I don't know what it is.
Mr. Carollo: And this is what I'm getting to Mr. Mayor. We need to get a
hold of these salary increases. Otherwise we are going to be going down the
line in a not too distant future and find out that, you know, we are paying
just outrageous salaries. Salaries that the City might not be able to afford.
Now, again, what I feel and I have stated this for Howard before and I will
state this for the City Attorney and the City Clerk, that in the three positions
that we appoint, City Manager, City Attorney, City Clerk, what this city needs
to do is to do a study of the major cities that have our approximate population.
Mayor Ferre: I agree with that.
Mr. Carollo: In other words, a population from between three fifty to five
hundred thousand people. And based on the average salary that a City Manager,
City Attorney, City Clerk makes in those cities with our approximate population,
then base the salaries that we give our officials on those.
Mayor Ferre: Ok, I think that, as you recall we went through this in April
and all... I don't think anybody disagreed with getting those figures. I don't
remember how we left it. Whether Mr. Krause was going to do that for us or what.
Do you recall?
Mr. Carollo: You know, I made a 'request back then and you know, apparently
they are still researching it, because he hasn't gotten back to me.
Mayor Ferre: This is just a... I mean, we are not asking them to give us
any opinions. All we want is just factual information and it's very simple
to do. All you need to do is actually contact the City Manager's Association
and the City Attorney's Association and.... Do you have an association?
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91 J u L 18 1983
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Mr. Ongie: Yes, sir.
Mayor Ferre: Well, why don't you each individually contact your associations
and get that information for us.
Mr. Gary: We are doing that.
Mr. Plummer: The Florida League of Cities can push one key and tell you what
every City Attorney in the State of Florida makes.
Mayor Ferre: Fine. Well, it's just a simple thing. Mr. Manager, would you
get Mr. Krause to submit to the Commission the request as previously asked
and...
Mr. Carollo: For both the Manager...
Mayor Ferre: For all three.
Mr. Carollo:... Attorney and Clerk.
Mayor Ferre: Mr. Krause, I'm glad you came back into the room. You were
requested back in April to get some information for the City Commission. We
need to know why that hasn't been done on salaries.
Mr. Gary: Mr. Mayor, we are late on it we will have it for you next week.
Mayor Ferre: Alright, sir. Thank you. We will take this matter up then at
that time again.
Mr. Plummer: I think all three of them ought to get a raise immediately
following the Commission's raise.
Mayor Ferre: Mr. Manager, would you also ask Mr. Krause to give us the record
of your increases since you became Manager, both merit and otherwise.
Mr. Gary: I will do it for all three.
Mayor Ferre: And so we can, you know, have a comparison we can look at. Ok.
You can tell Mr. Garcia -Pedrosa he can come back in now.
54. ACCEPT RECOMMENDATIONS FROM ADMINISTRATION CONCERNING PROPOSED
MIAMI FILM FESTIVAL.
Mayor Ferre: Alright, now the Film Festival which is "Z31. Mr. Chediak,
I want to tell you that my only problem is that you haven't waited long enough.
You have only been here since 9 O'clock and you know, what's eight hours. And
I see some other people that have been waiting. Let's hear from the administration
first.
Mr. Gary: Mr. Mayor, I would like to know when is the festival scheduled for?
Mayor Ferre: What's that?
Mr. Nat Chediak: February 3rd to the 12th of 1984.
Mr. Gary: Mr. Mayor, I think in all fairness to all those people who had other
important projects that we not make a decision on this one and take them all
into consideration at the same time.
Mayor Ferre: No, no, no. -Npw, Mr. Manager, this Commission has already gone
on record as accepting a proposal that we sponsor a Film Festival. Now, it
is my opinion unless somebody in this Commission wishes to overrule that and
change their vote we are on our way to having a Film Festival. Now, the only
question that you had to come back to us to tell us is how much and with whom.
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Mr. Gary: Twenty-five thousand. It's in the report on Item "Z3".
Mayor Ferre: And with whom?
Mr. Plummer: Is this in the form...
Mr. Gary: Miami...
Mr. Plummer: Is this in the form of a loan?
Mayor Ferre: No, no, no, this is a grant for a Film Festival to be held in
this community and all the... we went through it. We discussed it for fifteen
or twenty minutes.
Mr. Gary: Twenty-five thousand, Mr. Mayor, Miami Film Festival.
Mr. Plummer: What about if they make a profit?
Mayor Ferre: Film Festival making a profit.
Mr. Chediak: There is no Film Festival in the world that makes a profit. It's
a cultural event.
Mr. Plummer: So, then you would have no objections that it be in the form if
you make a profit the City gets reimbursed.
Mr. Chediak: Fine. No, problem whatsoever.
Mayor Ferre: Fine. Add that as a stipulation, Mr. Manager to your report. Now,
this is just like having the grand Prix in Miami or just like having the spark
plug race at Miamarina and it's something that is not only important it is
essential for this community to become a major cultural center and where it's
at is films. I mean, today... I'm not knocking opera and I'm not knocking the
philharmonic and other forms of culture, but certainly this is one of the prime
ways for a community to establish itself. We tried twice in this town. This
city participated, put up a lot of money. We lost a lot of money. That doesn't
mean that we are going to give up. Now, as far as I'm concerned, I'm willing,
ready and able to fight for this this time and time again until we get a Film
Festival in this community that works and works well. And I think we should
have paid attention to these people from the University of Miami and to Mr.
Chediak a long time ago and we should have done what they recommended and I
recommended to Blanca Rosenstiel and unfortunately even though I was one of
the originators of that Film Festival, but they didn't pay attention to me
or to you. Now, lets try it again and hope we do it right this time.
Mr. Gary: Mr. Mayor, we have four conditions.
Mayor Ferre: Read them into the record.
Mr. Gary: Ok, the greater number of seats for each festival will be in the
City of Miami. No other community outside of the City of Miami will participate
in the event unless they contribute in -kind to the festival. No pornography
will be shown and no politically inflamatory films will be shown.
Mayor Ferre: Now, this is as defined by you, Mr. Manager? Because I'm not
about to get...
Mr. Plummer: Is this the three hundred pound transvestite that I read about
in the paper?
Mayor Ferre: I'm not going to touch her it or that with a hundred foot pole.
Mr. Chediak: No, those provisions are ok with us.
Mayor Ferre: What?
Mr. Chediak: Those provisions are ok with us.
Mayor Ferre: Look, I think the point in all of this is that these are conditions
that you are going to have to live by and it's something that, you know... I
realize that there are a lot of people that get all uptight about first amendment
rights on this, but there is no guarantee that cities in the constitution have
to sponsor any kind of film festival. So, if we are sponsoring a Film Festival
we do it with, certain conditions. Now I might point out to those great moralist
.Mlgl .67 JUL 18 1983
10 10
of the first amendment that the people of Miami have voted on this issue and
it is the will of the people and not the will of this Commission that is being
carried out. Further discussion on this? Are we ready to vote on it?
Mr. Plummer: Well, are we going to hear from the opposing side?
Mayor Ferre: Where is the opposing side?
Mr. Gary: They are not here. I think they dropped out.
Mayor Ferre: See they read the Miami Herald on Sunday and decided not to come.
Alright, is there further discussion? Alright, is there a motion that we follow
the Manager's recommendation with the stipulation placed by Commissioner Plummer?
Ready? Motion by Carollo. Is there a second? Seconded by Perez, further
discussion, call the roll.
The following motion was introduced by Commissioner Carollo who moved its
adoption:
MOTION NO. 83- 584
A MOTION ACCEPTING RECOMMENDATIONS MADE BY THE CITY'S ADMINISTRATION
CONCERNING FUNDING FOR THE PROPOSED "MIAMI FILM FESTIVAL".
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
55. CONSENT AGENDA ENCOMPASSING ITEMS NUMBER 93 THROUGH 131,
WITHDRAWING ITEMS NUMBER 94, 95, 101, 106, 124, 125, 126, 127, 128.
(SEE LABEL NUMBER 127 FOR LAST PORTION OF CONSENT AGENDA)
Mayor Ferre: Is there anybody here who wishes to speak to any item on the
Consent Agenda. Is there a motion on the Consent Agenda? Moved by Commissioner
Carollo, Seconded by Commissioner Dawkins. Further discussion?
Mr. Plummer: Mr. Gary, on 99 I think you better stand corrected. That does
not include on the rental cars full coverage. It is City coverage is what I'm
reading here. The City is having to pay for the insurance. On the option of
the contractor coverage there was no bid by this particular company. So, I
think you want to stand correct on that.
Mayor Ferre: Alright, now Mr. Manager, the purpose of Consent Agendas is so
that the Commission will vote upon those things that are none controversial,
routine and will not create any differences or problems. I want to make sure
now that we don't find ourselves in the situation where somebody says well you
voted on something that is controversial and nobody brought it out. Now, I
think there is a matter here of a second bid being accepted rather than the
first bid.
Mr. Gary: It's not on the Consent Agenda.
Mayor Ferre: It's not on the consent agenda.
Mr. Gary: No, it's Item 83.
MOO
gl
JUL
18 1983
Mayor Ferre: Having heard no one wishing to speak on the Consent Agenda,
call the roll.
The following resolutions were introduced by Commissioner Carollo, seconded
by Commissioner Dawkins and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
55.1 ACCEPT BID: SIGNS OF ALL KINDS, INC. FOR FABRICATIONS AND
INSTALLATION OF TWO BUILDING SIGNS.
RESOLUTION NO. 83-585
A RESOLUTION ACCEPTING THE BID OF SIGNS OF
ALL KINDS, INC. FOR FURNISHING AND INSTALLING
TWO (2) BUILDING SIGNS FOR THE DEPARTMENT OF
BUILDING AND VEHICLE MAINTENANCE AT A TOTAL
COST OF $9,450.00; ALLOCATING FUNDS THEREFOR
FROM THE POLICE HEADQUARTERS AND CRIME
PREVENTION FACILITIES GENERAL OBLIGATION BOND
FUND; AUTHORIZING THE CITY MANAGER AND THE
PURCHASING AGENT TO ISSUE A PURCHASE ORDER
FOR THIS EQUIPMENT.
55.2 ACCEPT BID: EDWARD DON AND COMPANY FOR TABLE SKIRTING AND
ACCESSORIES.
RESOLUTION NO. 83-586
A RESOLUTION ACCEPTING THE BID OF EDWARD
DON AND COMPANY FOR FURNISHING TABLE
SKIRTING AND ACCESSORIES TO THE
DEPARTMENT OF CONFERENCES AND CONVENTIONS
AT A TOTAL COST OF $6,288.74; ALLOCATING
FUNDS THEREFOR FROM THE 1980 CITY OF
MIAMI CONVENTION CENTER AND PARKING
GARAGE REVENUE BOND FUND; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE PURCHASING
AGENT TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
55.3 ACCEPT BID: ADVANCE MACHINE COMPANY FOR INDUSTRIAL FLOOR
CLEANING MACHINE.
RESOLUTION NO. 83-587
A RESOLUTION ACCEPTING THE BID OF ADVANCE
MACHINE COMPANY FOR FURNISHING ONE
INDUSTRIAL FLOOR CLEANING MACHINE TO THE
DEPARTMENT OF BUILDING AND VEHICLE
MAINTENANCE AT A TOTAL COST OF
$16,406.75; ALLOCATING FUNDS THEREFOR
FROM THE 1982-83 OPERATING BUDGET OF
OFFICE OF AUDITORIUMS; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE PURCHASING
AGENT TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
gl
JUL 18 1983
55.6
55.7
gl
E
' BID: PUBLIC SAFETY DEVICES, INC. FOR 100 GUN RACKS
)LICE VEHICLES.
RESOLUTION NO. 83-568
A RESOLUTION ACCEPTING THE BID OF PUBLIC
SAFETY DEVICES, INC. FOR FURNISHING 100
OVERHEAD GUN RACKS FOR POLICE VEHICLES TO
THE DEPARTMENT OF POLICE AT A TOTAL COST
OF $5,925; ALLOCATING FUNDS THEREFOR FROM
THE 1982-83 OPERATING BUDGET OF THAT
DEPARTMENT; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE PURCHASING AGENT TO ISSUE
A PURCHASE ORDER FOR THIS EQUIPMENT.
C BID: PERSHING AUTO LEASING, INC. FOR AUTOMOBILE RENTALS.
RESOLUTION NO. 83-589
A RESOLUTION ACCEPTING THE BID OF
PERSHING AUTO LEASING, INC. FOR
FURNISHING 25 RENTAL AUTOMOBILES ON A
CONTRACT BASIS FOR ONE YEAR TO THE
DEPARTMENT OF POLICE AT A TOTAL PROPOSED
COST OF $101,700; ALLOCATING FUNDS
THEREFOR FROM THE OPERATING BUDGET OF
THAT DEPARTMENT; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE PURCHASING AGENT
TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT, SUBJECT TO THE AVAILABILITY OF
FUNDS.
ACCEPT BID:
CONCRETE.
CENTRAL CONCRETE OF MEDLEY, INC. FOR READY -MIXED
RESOLUTION NO. 83-590
A RESOLUTION ACCEPTING THE BID OF CENTRAL
CONCRETE OF MEDLEY, INC. FOR FURNISHING
READY -MIXED CONCRETE ON A CONTRACT BASIS
FOR ONE YEAR TO THE DEPARTMENT OF PUBLIC
WORKS AT A TOTAL ESTIMATED COST OF
$129,600; ALLOCATING FUNDS THEREFOR FROM
THE 1982-83 OPERATING BUDGET OF THAT
DEPARTMENT; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE PURCHASING AGENT TO ISSUE
A PURCHASE ORDER FOR THIS MATERIAL.
ACCEPT BID: PIECO MIAMI, INC. FOR SIX FUEL DISPENSING PUMPS.
RESOLUTION NO. 83-591
A RESOLUTION ACCEPTING THE BID OF PIECO
MIAMI, INC. FOR FURNISHING AND INSTALLING
SIX (6) FUEL DISPENSING PUMPS TO THE
DEPARTMENT OF'FIRE, RESCUE AND INSPECTION
SERVICES AT A TOTAL COST OF $8,501.39;
ALLOCATING FUNDS THEREFOR FROM THE 1981
FIREFIGHTING,•FIRE PREVENTION AND RESCUE
FACILITIES BOND FUND; AUTHORIZING THE
CITY MANAGER AND THE PURCHASING AGENT TO
ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
JUL 18 1933
IT BID: E.V.F., INC. FOR PURCHASE OF 4 NEW RESCUE
DANCES, SPARE PARTS AND REFURBISH 4 CITY -OWNED RESCUE
DANCES.
RESOLUTION NO. 83-592
A RESOLUTION ACCEPTING THE BID OF E.V.F.,
INC. FOR FURNISHING FOUR (4) NEW RESCUE
AMBULANCE VEHICLES, SPARE PARTS, AND THE
REFURBISHING OF FOUR (4) EXISTING RESCUE -
AMBULANCES TO THE DEPARTMENT OF FIRE,
RESCUE AND INSPECTION SERVICES AT A TOTAL
ESTIMATED COST OF $391,696.92; ALLOCATING
FUNDS THEREFOR FROM THE FIREFIGHTING, FIRE
PREVENTION AND RESCUE FACILITIES BOND FUND
AND THE TELEPHONE FRANCHISE FEES; AUTHOR-
IZING THE CITY MANAGER TO INSTRUCT THE
PURCHASING AGENT TO ISSUE PURCHASE ORDERS
FOR THIS EQUIPMENT.
�T BID: M. VILLA AND ASSOCIATES, INC. FOR LITTLE RIVER
JAY IMPROVEMENT H-4482.
RESOLUTION NO. 83-593
A RESOLUTION ACCEPTING THE BID OF
M. VILA AND ASSOCIATES, INC. IN THE
PROPOSED AMOUNT OF $1,098,079.99,
TOTAL BID OF THE PROPOSAL, FOR LITTLE
RIVER HIGHWAY IMPROVEMENT; WITH MONIES
THEREFOR ALLOCATED FROM THE "LITTLE
RIVER STREET IMPROVEMENTS" ACCOUNT
IN THE AMOUNT OF $1,098,079.99 TO
COVER THE CONTRACT COST; ALLOCATING
FROM SAID FUND THE AMOUNT OF
$142,750.01 TO COVER THE COST OF
PROJECT EXPENSE; ALLOCATING FROM
SAID FUND THE AMOUNT OF $21,962.00
TO COVER THE COST OF SUCH ITEMS AS
ADVERTISING, TESTING LABORATORIES,
AND POSTAGE; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM
55.10 ACCEPTANCE OF A $9,287.50 GRANT TO PROVIDE CHILD DAY CARE
SERVICES TO CHILDREN FROM LIBERTY CITY AREA.
9l
RESOLUTION NO. 83-594
A RESOLUTION RATIFYING, APPROVING AND CON-
FIRMING THE CITY MANAGER'S ACCEPTANCE OF A
$9,287.50 GRANT FROM METROPOLITAN DADE COUNTY
TO PROVIDE CHILD DAY CARE SERVICES TO CHIL-
DREN FROM LOW-INCOME FAMILIES PRIMARILY
FROM THE LIBERTY CITY AREA: AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY CONTRACT (S) AND AGREEMENT (S) TO
IMPLEMENT THE PROGRAM.
.91
.JUL 18 1983
4
55.11 RESCINDING RESOLUTION WHICH ACCEPTED THE PROPOSAL OF AERIAL
SURVEYS INTERNATIONAL, INC., TO PERFORM AN AERIAL SURVEY
OF THE CITY.
RESOLUTION NO. 83-595
A RESOLUTION RESCINDING RESOLUTION NO. 81-616,
WHICH ACCEPTED THE PROPOSAL OF AND AUTHORIZED
THE CITY MANAGER TO ENTER INTO A CONTRACT WITH
AERIAL SURVEYS INTERNATIONAL, INC., TO PERFORM
AN AERIAL SURVEY OF THE CITY, SAID RESCISSION
BEING NECESSARY DUE TO THE CONTRACTOR'S FAILURE
TO TENDER THE REQUIRED PERFORMANCE BOND; FURTHER
REJECTING ALL PROPOSALS RECEIVED FOR SAID SURVEY
PROJECT.
55.12 AGREEMENT WITH 14ETROPOLITAN DADE COUNTY FOR DEVELOPMENT AND
INSTALLATION OF AN EMERGENCY VEHICLE PRE-EMPTION SYSTEM.
RESOLUTION NO. 83-596
A RESOLUTION AUTHORIZING AND DIRECTING
THE CITY MANAGER TO ENTER INTO AN
AGREEMENT, IN SUBSTANTIALLY THE FORM
ATTACHED, WITH METROPOLITAN DADE COUNTY
FOR DEVELOPMENT AND INSTALLATION OF AN
EMERGENCY VEHICLE PRE-EMPTION SYSTEM AS
PART OF THE METRO-DADE TRAFFIC CONTROL
SYSTEM, WITH FUNDS THEREFOR ALLOCATED
FROM THE CITY OF MIAMI 1981 FIREFIGHTING,
FIRE PREVENTION AND RESCUE FACILITIES
BOND SALES AND AS APPROPRIATED IN THE
CITY'S CAPITAL PROJECT FUND.
55.13 ACCEPTING A COVENANT FROM DAVID A. FREEDMAN AND DEBRA B. FREEDMAN.
RESOLUTION NO. 83-597
A RESOLUTION ACCEPTING FROM DAVID A.
FREEDMAN AND DEBRA B. FREEDMAN, HIS WIFE,
A COVENANT TO RUN WITH THE LAND RELATING
TO AN EXISTING GARAGE ENCROACHMENT INTO
THE PUBLIC RIGHT-OF-WAY OF TIGERTAIL
COURT AND DIRECTING THE PROPER OFFICIALS
TO RECORD SAID COVENANT IN THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA.
55.14 AGREEMENT WITH EXPOSITION PROMOTIONS INTERNATIONAL, INC. FOR
THE USE OF THE COCONUT GROVE EXHIBITION CENTER FOR THE TIME
PERIOD 1983-1989.
E '!
RESOLUTION NO. 83-598
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE THE ATTACHED AGREEMENT WITH
EXPOSITION PROMOTIONS INTERNATIONAL, INC.
FOR THE 'USE OF THE COCONUT GROVE
EXHIBITION CENTER FOR THE PRESENTATION OF
ITS ANNUAL INTERNATIONAL HOME SHOW FOR
THE TIME PERIOD 19B3-939 INCLUSIVE, IN
ACCORDANCE WITH THE TERMS AND CONDITIONS
CONTAINED I,N SAID AGREEMENT.
.92 1983
JUL 18
55.15 AUTHORIZING PURCHASE OF FOUR PORTABLE POLICE RADIOS FROM
MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC.
RESOLUTION NO. 83-599
A RESOLUTION AUTHORIZING THE PURCHASE OF
FOUR (4) PORTABLE POLICE RADIOS FROM
MOTOROLA COMMUNICATIONS AND ELECTRONICS,
INC. UNDER AN' EXISTING STATE OF FLORIDA
CONTRACT NO. 725-52-83-19FOR THE
DEPARTMENT OF BUILDING AND VEHICLE
MAINTENANCE AT A TOTAL COST OF $49716900;
ALLOCATING FUNDS THEREFOR FROM THE
1982-83 OPERATING BUDGET OF THAT
DEPARTMENT; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE PURCHASING AGENT TO ISSUE
A PURCHASE ORDER FOR THIS EQUIPMENT.
55.16 AUTHORIZING PURCHASE OF TWENTY-THREE SETS OF TURNOUT CLOTHING
FROM MIDWESTERN SAFETY MANUFACTURING COMPANY.
RESOLUTION NO. 83-600
A RESOLUTION AUTHORIZING THE PURCHASE OF
TWENTY-THREE (23) SETS OF TURNOUT CLOTHING
FROM MIDWESTERN SAFETY MANUFACTURING
COMPANY UNDER A CURRENTLY EFFECTIVE METRO-
POLITAN DADE COUNTY CONTRACT FOR THE
DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES, AT A TOTAL COST OF $5,500.68;
ALLOCATING FUNDS THEREFOR FROM THE 1982-83
OPERATING BUDGET OF THAT DEPARTMENT; AUTHOR-
IZING THE CITY MANAGER TO INSTRUCT THE
PURCHASING AGENT TO ISSUE PURCHASE ORDERS
FOR•THIS EQUIPMENT.
55.17 ORDERING LYNWOOD SANITARY SEWER IMPROVEMENT SR-5487-S (SIDELINE
SEWER) .
RESOLUTION NO. 83-601
A RESOLUTION ORDERING LYNWOOD SANITARY
SEWER IMPROVEMENT SR-5487 S (SIDELINE
SEWER) AND DESIGNATING THE PROPERTY
AGAINST WHICH SPECIAL ASSESSMENTS SHALL
BE MADE FOR A PORTION OF THE COST
THEREOF AS LYNWOOD SANITARY SEWER IMPROVE-
MENT DISTRICT SR-5487 S.(SIDELINE SEWER).
55.18 ACCEPT BIDS: INTERAMERICAN ENGINEERS AND CONTRACTORS CORPORATION,
THOMAS W. RUFF AND COMPANY, LONG'S OFFICE SUPPLY COMPANY FOR 122
ITEMS OF OFFICE FURNITURE AND WORKSTATIONS.
RESOLUTION NO. 83-602
A RESOLUTION ACCEPTING THE BIDS OF INTERAMERICAN
ENGINEERS AND CONTRACTORS CORPORATION FOR 28
ITEMS OF OFFICE FURNITURE AT A TOTAL COST OF
$23,290.151 THOMAS W.RUFF AND COMPANY FOR 6
ITEMS OF OFFICE FURNITURE AND 11 WORKSTATIONS
AT A TOTAL COST OF $46,265.00, AND LONG'S
OFFICE SUPPLY COMPANY FOR 77 ITEMS OF OFFICE
FURNITURE AT A'TOTAL COST OF $20,308.75 FOR THE
DEPARTMENT OF CONFERENCES AND CONVENTIONS AT A
TOTAL COST OF $89,664.40; ALLOCATING FUNDS
THEREFOR FROM THE 198A CITY OF MIAMI CONVENTION
CENTER AND PARKING GARAGE REVENUE BOND FUND;
AUTHORIZING THE CITY MANAGER TO -INSTRUCT THE
PURCHASING AGENT TO ISSUE PURCHASE ORDERS FOR
THIS EQUIPMENT.
SE
gl JUL 181983
1 4
BID: THOMSED CORPORATION FOR 75 TURNSTILES FOR THE
BOWL STADIUM.
RESOLUTION NO. 83-603
A RESOLUTION ACCEPTING THE BID OF THOMSED
CORPORATION FOR FURNISHING 75 TURNSTILES
FOR THE ORANGE BOWL TO THE OFFICE OF STADIUMS
AT A TOTAL COST OF $66,487.50; ALLOCATING
FUNDS THEREFOR FROM THE 1982-83 OPERATING
BUDGET OF THAT OFFICE; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE PURCHASING AGENT TO
ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
' BIDS: EMERGENCY MEDICAL AND SAFETY SUPPLY, INC., SOUTHERN
NCE BUILDERS, INC., A.M.F.A.K., INC. FOR BREATHING EQUIPMENT
ITATORS, OXYGEN CYLINDERS AND ASPIRATORS.
RESOLUTION NO. 83-604
A RESOLUTION ACCEPTING THE BIDS OF EMERGENCY
MEDICAL AND SAFETY SUPPLY, INC. FOR 12 PORTABLE
RESUSCITATORS AT A COST OF $4,377.00, SOUTHERN
AMBULANCE BUILDERS, INC. FOR 15 OXYGEN CYLINDERS
AT A COST OF $930.00; AND A.M.F.A.K., INC. FOR
5 ASPIRATORS AT A COST OF $325.65 TO THE DEPART-
KENT OF FIRE, RESCUE AND INSPECTION SERVICES AT
R TOTAL COST OF $5,627.35; ALLOCATING FUNDS
THEREFOR FROM THE 1982-83 TELEPHONE FRANCHISE
FEES; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE PURCHASING AGENT TO ISSUE PURCHASE ORDERS
FOR THIS EQUIPMENT.
nwLriING A FEDERAL HISTORIC PRESERVATION GRANT-IN-AID FOR THE
CITY TO PROVIDE HISTORIC PRESERVATION SERVICES.
RESOLUTION NO. 83-605
A RESOLUTION ACCEPTING A FEDERAL HISTORIC
PRESERVATION GRANT-IN-AID IN THE AMOUNT OF
$6,800 AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT WITH THE
FLORIDA DEPARTMENT OF STATE, DIVISION OF
ARCHIVES, HISTORY, AND RECORDS MANAGEMENT
FOR THE CITY TO PROVIDE HISTORIC PRESERVATION
SERVICES IN CONNECTION WITH SAID GRANT-IN-AID.
55.22 ACCEPT BID: STAGE ENGINEERING AND SUPPLY, INC. FOR ONE ACOUSTICAL
CONCERT SHELL ENCLOSURE.
RESOLUTION NO. 83-606
A RESOLUTION ACCEPTING THE BID OF STAGE
_ IIMOERING AND SUPPLY, INC. FOR FURNISHING
ONE ACOUSTICAL CONCERT SHELL ENCLOSURE TO
THE DEPARTMENT OF CONFERENCES AND CONVENTIONS
AT A TOTAL COST OF $44,065.00; ALLOCATING
FUNDS THEREFOR FROM THE 1980 CITY OF MIAMI
CONVENTION CENTER AND PARKING GARAGE REVENUE
BOND FUND; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE PURCHASING AGENT TO ISSUE
A PURCHASE ORDER FOR THIS EQUIPMENT.
gl
.94 J U L 181983
55.23 ACCEPT BID: CARIBBEAN BUILDING SUPPLIES, INC. FOR 250 REFUSE
TOTE BARRELS.
RESOLUTION NO. 83-607
A RESOLUTION ACCEPTING THE BID OF CARIBBEAN
BUILDING SUPPLIES, INC. FOR FURNISHING 250
REFUSE TOTE BARRELS TO THE DEPARTMENT OF
SOLID WASTE AT A TOTAL COST OF $6,237.50;
ALLOCATING FUNDS THEREFOR FROM THE 1982-83
OPERATING BUDGET OF THAT DEPARTMENT; AUTHOR-
IZING THE CITY MANAGER TO INSTRUCT THE
PURCHASING AGENT TO ISSUE A PURCHASE ORDER
FOR THIS EQUIPMENT.
55.24 ACCEPT BIDS: ALLIED UNIVERSAL CORPORATION, BISCAYNE CHEMICAL LABS,
INC., REX CHEMICAL CORPORATION FOR SWIMMING POOL CHEMICALS.
RESOLUTION NO. 83-608
A RESOLUTION ACCEPTING THE BIDS OF ALLIED
UNIVERSAL CORPORATION AT A PROPOSED COST OF
$21,215.00, BISCAYNE CHEMICAL LABS, INC. AT
A PROPOSED COST OF $631.25, AND REX CHEMICALS
CORPORATION AT A PROPOSED COST OF $8,700.00
FOR FURNISHING SWIMMING POOL CHEMICALS ON A
CONTRACT BASIS FOR ONE YEAR TO THE DEPARTMENT
OF RECREATION AT A TOTAL PROPOSED COST OF
$30,546.25; ALLOCATING FUNDS THEREFOR FROM
THE OPERATING BUDGET OF THAT DEPARTMENT;
AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE PURCHASING AGENT TO ISSUE PURCHASE ORDERS
FOR THESE MATERIALS, SUBJECT TO THE AVAIL-
ABILITY OF FUNDS.
55.25 ACCEPT BID: CONTACT COMMUNICATION CORPORATION FOR COMMUNICATIONS
SYSTEM FOR A FIRE TRAINING SIMULATOR.
RESOLUTION NO. 83-609
A RESOLUTION ACCEPTING THE BID OF CONTACT
COMMUNICATION CORPORATION FOR FURNISHING AND
INSTALLING ONE (1) COMMUNICATIONS SYSTEM FOR
A FIRE TRAINING SIMULATOR FOR THE DEPARTMENT
OF BUILDING AND VEHICLE MAINTENANCE AT A
TOTAL COST OF $21,900.00; ALLOCATING FUNDS
THEREFOR FROM THE 1981 FIREFIGHTING, FIRE
PREVENTION AND RESCUE FACILITIES BOND FUND;
AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE PURCHASING AGENT TO ISSUE A PURCHASE
ORDER FOR THIS EQUIPMENT.
55.26 AGREEMENT WITH THE FIRM OF JOHNSON AND HIGGINS OF FLORIDA, INC.
ql
RESOLUTION NO. 83-610
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH THE FIRM OF JOHNSON AND HIGGINS
OF FLORIDA, INC. FOR THE PERFORMANCE OF A
BENEFITS CLAIM AUDIT FOR THE GROUP HEALTH
BENEFITS PORTION OF THE SELF-INSURANCE PROGRAM;
ALLOCATING A SUM NOT TO EXCEED $12,000.00
FROM THE 1983 SELF-INSURANCE BUDGET TO COVER
THE COST OF SAID AUDIT.
.95
J U L 181983
iNT TO THE AGREEMENT BETWEEN THE CITY AND A. TAQUECREL
TES, INC.
RESOLUTION NO. 83-611
RESOLUTION AUTHORIZING THE CITY MANAGER TO
:ECUTE AN AMENDMENT, IN SUBSTANTIALLY THE FORM
'TACHED HERETO, TO THE AGREEMENT BETWEEN THE
.TY AND A. TAQUECHEL ASSOCIATES, INC., AS
tCHITECTURAL/ENGINEERING CONSULTANTS ON THE
:RE RESCUE TRAINING FACILITY PROJECT, FOR
:TRA WORK PERFORMED WITHIN THE SCOPE OF THE
tOJECT, AT AN EXTRA COST OF $8,424.00 WITH
INDS THEREFOR ALLOCATED FROM THE FIREFIGHTING,
:RE PREVENTION AND RESCUE FACILITIES BOND
tOGRAM.
CNG COMPLETED WORK OF TIMCO ELECTRIC, INC.
RESOLUTION NO. 83-612
A RESOLUTION ACCEPTING THE COMPLETED
WORK OF TIMCO ELECTRIC, INC. AT A
TOTAL COST OF $51,143.37 FOR HADLEY
PARK — MISCELLANEOUS IMPROVEMENTS —
LIGHTING SYSTEM; AND AUTHORIZING
A FINAL PAYMENT OF $7,043.37
LNG COMPLETED WORK OF AL HILL PLUMBING, INC.
RESOLUTION NO. 83-613
A RESOLUTION ACCEPTING THE COMPLETED
WORK OF AL HILL PLUMBING, INC. AT A
TOTAL COST OF $15,654.00 FOR HADLEY
PARK — MISCELLANEOUS IMPROVEMENTS —
SANITARY SEWER; AND AUTHORIZING A
FINAL PAYMENT OF $1,565.40
55.30 ACCEPTING COMPLETED WORK OF S. I. NICHOLAS, INC.
gl
RESOLUTION NO. 83-614
A RESOLUTION ACCEPTING THE COMPLETED WORK
OF S.I. NICHOLAS, INC. AT A TOTAL COST OF
$328,282.00 FOR THE MIAMI RIVERWALK
ORIZING A FINAL PAYMENT OF"
$8, 20 .05
1 s
JUL 18 1983
4
NOTE FOR THE RECORD: AGENDA ITEM NUMBER 94 WAS DEFERRED.
56. ACCEPT BID - 4,675 POTTED NURSERY TREES.
Mayor Ferre: 95 is the... who pulled that?
Mr. Dawkins: Me.
Mayor Ferre: Alright, go ahead.
Mr. Dawkins: Mr. Manager, my only problem with this is that every time I see
nursery work I never see a minority firm get the bid. That's my only concern
with it.
Mayor Ferre: Mr. Manager, were there any minority bidders on Item 95? Tell
me again.
Mr. Gary: If you will look on the second sheet the number of bid invitations
mailed prior bidders. We mailed them to the prior bidders, two Black Americans,
zero Hispanic American, five non -minority. With regard to new bidders that
did not bid before, seven Black Americans, four Hispanic American firm, eight
non -minority firms. So, we did mail them out to minorities. We used a list
of minority bidders that we get from Dade County and other organizations and
we mail out bids to those people, invitations at least.
Mayor Ferre: Ok. Are you ready to vote on it?
Mr. Dawkins: I move it.
Mr. Plummer: Second.
Mayor Ferre: Alright, there is a motion on 95 by Dawkins, seconded by Plummer,
further discussion, call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 83-615
A RESOLUTION ACCEPTING THE BID OF RECIO AND ASSOCIATES, INC. FOR
FURNISHING 4,675 POTTED TREES TO THE DEPARTMENT OF PARKS AT A TOTAL
COST OF $8,690.47; ALLOCATING FUNDS THEREFOR FROM THE FIFTH YEAR
COMMUNITY DEVELOPMENT NURSERY AND TARGET AREA WIDE TREE PLANTING
PROJECT FUND (PHASE III); AUTHORIZING THE CITY MANAGER AND THE
PURCHASING AGENT TO ISSUE A PURCHASE ORDER FOR THESE MATERIALS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
.9'7
gl
JUL 18 1983
NOTE FOR THE RECORD: AGENDA ITEM NUMBER 101 WAS DEFERRED.
57. RATIFYING, APPROVING AND CONFIRMING CITY MANAGER'S ACCEPTANCE OF
$35,224.91 GRANT FROM METROPOLITAN DADE COUNTY FOR DAY CARE
SERVICES TO CHILDREN FROM LOW INCOME FAMILIES.
Mayor Ferre: We are on Item 106. Mr. Perez, you pulled 106.
Mr. Perez: Mr. Manager, on 106 I would like to know how do you plan to grant
to contract that service?
Mayor Ferre: This is thirty-five thousand with Dade County.
Mr. Gary: No, this is their money. These are programs that we jointly fund.
Wherein if we have a program "X" we contribute so much and Dade County contributes
so much and we just establish an administrative agreement that will be easier
for one organization to handle the money in terms of not only the processing
but also the inconvenience or the convenience to that particular social agency.
So, we are accepting their money to manage their money for them for a program
that we also support.
Mr. Perez: Who is going to handle that one, the private enterprise or City
property?
Mr. Gary: This is for our program. At our day care centers.
Mayor Ferre: Are you ready to vote on it now?
Mr. Perez: Yes.
Mayor Ferre: Perez moves.
Mr. Dawkins: I second.
Mayor Ferre: Dawkins seconds, further discussion on 106, call the roll.
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
RESOLUTION NO. 83-616
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
ACCEPTANCE OF A $35,224.91 GRANT FROM METROPOLITAN DADE COUNTY
TO PROVIDE CHILD DAY CARE SERVICES TO CHILDREN FROM IOW -INCOME
FAMILIES: AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NECESSARY CONTRACT (S) AND AGREEMENT (S) TO IMPLEMENT THE 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 resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J! L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
gl
.98
JUL 18 190q
10
58. PRESENTATION AND DISCUSSION OF PROPOSED GROVE MARKET PROJECT.
Mr. Plummer: Mr. Block, is hidden under this cardboard here what I saw in
the Herald this morning?
Mr. David Block: No, sir, it is not. It is a much nicer version. Mr.
Dean, are you ready for the unveiling? Let's unveil it. Mr. Mayor, Com-
missioners, Mr. City Manager, my name is David Block and I represent the
Bayshore Properties Group and we are the lessees of the old Kelley Property
site on Biscayne Bay adjacent to and north of Monty Trainer's Restaurant in
Coconut Grove. Monty Trainer is the principal in Bayshore Properties, Inc.,
a Florida Corporation. The Kelley lease between the City and Bayshore com-
menced in June, 1981 following a vigorous and rather lengthy competitive
bid process and subsequent to a full court review, all the way to the Supreme
Court of the State of Florida. Our plans for development of a festive retail
center are based upon the guidelines of the lease and they are compatible
with the Dinner Key Master Plan. Since we took posession► we have been through
the laborious marine permitting procedures and have substantially completed
the marine portion of the development as well as the baywalk in front of the
proposed development. We are now entering our next phase, working with Build-
ing, Zoning and Planning Departments and resolving environmental concerns.
Jimmy Dean, our development and architectural consultant traveled with us
around the country looking at various similar projects and Mr. Dean will review
the project with you and then I'll conclude with what we feel are the require-
ments to bring the project described by Mr. Dean into being. Jimmy.
Mr. James Dean: Mayor Ferre, Honorable Commissioners, my name is James Dean.
I'm a lifetime resident of Coconut Grove and as David has explained to you,
it is my task to head up a team of architects and consultants in what I think
is one of the most exciting projects to come to Coconut Grove in some time.
My task is going to be to explain this project to you by walking you through
it and some of the concepts which make it possible. The scene of this project
is obviously historic Coconut Grove and our fortunate setting is at the edge
of Biscayne Bay and a series of buildings which we propose to renovate that
exist in your park. Contrary to what the Herald has published this morning
and what they called this, this is not a shopping mall. We would define it
as a festival marketplace with three or four theme restaurants, cafes, retail
stores, market stands, push carts or bull market which would produce at this
site a very vital vivid street life. Landscaped areas will lead pedestrians
from our....
Mayor Ferre: Jimmy, I don't mean to interrupt, but I really think we need to
get quickly into the more substantive issues rather than a rather lengthy
description of the aesthetics because that is something that we'll have to
deal with in the future and one of the things that I'm going to do certainly
is to ask for the recommendation of our own Deparment before we conclude any-
thing final on this. We need to get to the main issue which is the question
of the lease, the extension of the lease and all that.
Mr. Dean: Your honor, I think, one of the things I would like to point out
to you then in that discussion is that you presently have two leases on the
site and it is important that this particular concept be a single unity in
its development. As you know, there is a lease on what is presently Monty's
Raw Bar and then there is a different lease which exists on the boatshed
itself and I think you can see by the architectural concept that we're trying
to meld these two properties together and it is rather difficult to do really
an outstanding job on this with one lease being on one side and one lease
being on the other side. So that really is the essence of my presentation
to you here.
Mayor Ferre: That is a legal issue that we have to deal with.
Mr. Dean: Okay. And the second part of that then is a rework of perhaps
the Aviation Avenue area which provides pedestrian plazas, terminating in
some sort of an amphitheater at that stage facility which you see down
towards the dock area and a commitment to begin what we would like, and
you have been a part of for so long, is a baywalk which would extend from
the yacht clubs all the way around to, I would hope eventually the existing
restaurants. .99 JUL 181983
rt
Mayor Ferre: To bringtis matter to a head quickly, let me tell you on
the record now - if you would just write them down - what my five concerns
are. And first of all let me preface it by saying from what I've seen of
this project I'm for it, so let me start that way. Now, let me tell you
the five concerns that I have: (1) We are about to embark into a master
plan of the bayfront area from Kennedy Park to Peacock Park. This is smack
in the middle of that and I think it will fit into, but I think there is a
need for there to be a hand -in -glove operation where we deal, where you deal
with the general planners for the area and they deal with you so that we
have a unity of purpose in this whole thing. Secondly, high in that prior-
ity has got to be a water, unobstructed walk where eventually people will be
able to walk all the way from Peacock Park all the way to Kennedy Park.
Okay? And we need to think that over very carefully. Well, you've got
bicycles, bicycle paths, where are these bicycles going to go? That is a
terrible thing. I think it is dangerous, I think it is a hazard. That
thing, with all due respects, Mr. Manager, that the Public Works just went
out there and laid a little asphalt, that is the most dangerous thing in
the world. That path, at places, I think it is a foot and a half. I think
someday we're going to get into real trouble is somebody has an accident
out there and I think that we need to think of that in conjunction with
this. That's the second thing. The third area is I'm concerned about park-
ing in this whole process. That is a very ambitious project. I am sur-
prised that you can do it for $20,000,000. What we do need is to make sure
that we have sufficient parking studies done so that we don't get into
trouble. The fourth thing that we need to do is we need to make sure that
the environmental aspects of this are covered. I know that Marilyn Reed
is here, we have people from the Grove who are very conscious of this. I
don't want to start now half way through it and find out that we haven't
covered our bases with the environmentalists and that we didn't think of
something and all of a sudden it is a big issue. And lastly, we come, Mr.
City Attorney, to the main issue which is the question of the extension
of the lease. Now, I understand that you cannot build this kind of a facil-
ity with the years that are left on the lease. Now, we changed the Charter,
the people of Miami changed the Charter and we now have new provisions as
to how we go about this whole process. The only problem that I have is
that I think it is, in my opinion, absurd for us to bid in the year 1983
an extension of a lease contract, Mr. Manager, in the year 2007, you know,
that just doesn't make any sense. So we've got to figure out a way in
which we can give you the sufficient time so that you can proceed with
this and do it properly because they cannot finance it with the years they
have left on the contract which is what, 24 years?
Mr. Block: Twenty-four remaining, by the time we get to permanent financ-
ing twenty-one.
Mayor Ferre: There is just no way, by the time this thing is constructed
and what have you, it will be two or three years and it will be down to
21 years and nobody is going to give them financing on this thing on 21
effective years of a lease. So somehow we need to deal with that issue.
The problem is how to do it legally, and we're going to get into a hang-
up on that. Now, I'm just trying to cut through and get to the issue
quickly. What I'm saying, Mr. Manager, is that if there is a legal way to
proceed on this, in my personal opinion, I think we should do it in such
a way that it has the confidence of the community. The only way we can
do that is by placing a committee of people that both you and the Commis-
sion should approve that have high integrity and that are recognized in
this City as being knowledgeable people in this field whether it is bankers
or developers of real estate people who's integrity is unquestioned and
let them come back with a specific recommendation and we go through a pub-
lic process and the whole thing. Now that is all I have to say.
Mr. Plummer: Well, in the legal aspect of it also I think is not just the
extension of time, but I think you brought out in your previous statements,
and that was to also find out the legalities of tying unity of title.
Mayor Ferre: Of course, but see, the problem in all this process - and
I'll get to you in a moment, Mr. City Attorney - the problem in all of
this is the question, for example, of an appraisal. Now, how are we going
to get an appraisal made in the year 1983 that says what the value of this
property is in the year 2007? And if we don't do it that way then what
other way are we going to do it? So one of the keys in this is what kind
of an offer this is going to be to the City of Miami. You remember what
one of our appraisers.... Ed Slack said, and we need to take all these
things into account.
rt 100 J U L 18 1983
Mr. Garcia -Pedrosa: Mr. Mayor, before you name a second committee to try
to overrule what I have discussed....
Mayor Ferre: No, now hey, wait a minute.
Mr. Garcia -Pedrosa: Well, I've been down this road....
Mayor Ferre: Wait a minute, I can't let that one go by, I'm sorry, Mr.
City Attorney. I'm sorry you made that statement and I cannot let that
go by. I did not set a committee to overrule you, Mr. City Attorney, and
I, with all due respects to you, sir, I personally resent that statement.
That is an unfair statement, that was not the intention. My intention
very clearly was to find a graceful way for Commissioner Demetrio Perez
to find a direction which would be acceptable to you and Constitutional.
I said that on the record, I don't know why you would construe it for me
to mean anything other than what I said. I don't think you're accusing
me of dealing in bad faith, I hope you're not.
Mr. Garcia -Pedrosa: No, sir, I stand corrected, Mr. Mayor, but before you
name this committee I think you should know and the Commission should know
that I have been down this road on a number of occasions during the past
few weeks with Mr. Block, with Mr. Knox and with others. This is a subject
that I have a vivid recollection of because I did not draft the Charter
Amendment to.whi_ch you referred, Mr. Mayor, in the manner in which it cur-
rently appears. You may remember that we had a session before the final
adoption of that Charter Amendment at which there was a heated discussion
because Mr. Dan Paul wanted to have the emergency provision or exception
apply to all of the dispositions of property by the City.
Mr. Carollo: Don't you remember that, Mr. Mayor, your friend Dan Paul
bringing that up?
Mayor Ferre: Bring what up?
Mr. Carollo: What he is talking about.
Mayor Ferre: You friend in those days.
Mr. Carollo: Well, he has always been in your office.
Mr. Garcia -Pedrosa: The compromise, you will remember was that personal
property would be the subject of a practicable and advantageous exemption
but that the only exemption for disposition of real property which this
includes because our Charter even talks about a leasehold interest, was
for emergencies. So I will be glad to meet with whatever committees you
name but I've got to tell you that 53(d) is very very clear and this Com-
mission's legislative history of this past November is very very recent
and very clear in my mind. The only way you can avoid a competitive bid
with respect to the disposition of any interest in real property is through
an emergency. Now, having said that, I told Mr. Block and Mr. Knox that
there is a solution and I think that the solution lies with compliance
with the Charter provisions as they currently exist. I'm not sure, and
I'm not an appraiser of real estate interests, of course, but I am not
sure that it is accurate to say that they could not place a current value,
a present value on a leasehold interest between 2007 and 2021 anymore than,
for example, they were able to present to the City at the time this was
originally bid out, a value for a 20 or a 30 year lease or in the case of
the University of Miami we just entered into a 90 year lease.
Mayor Ferre: Mr. Garcia -Pedrosa, this thing is rattling around in my mind
and I really am greatly disturbed by the allegation that you just made and
I just want to make sure for the record, I want to make sure, I want to
dot all the is and cross all the is because I don't like the implication
of what you just said. I resent it tremendously, I take great umbrage at
it and I think it implies - the previous statement implies a question of
integrity and it is bothering the hell out of me right now.
Mr. Garcia -Pedrosa: Mr. Mayor....
Mayor Ferre: No, I want to finish my statement because I'm really very
disturbed at this point. I want to make sure we understand each other.
For the record I want to state it very clearly on the record that I was
not at any moment during this discussion at any time implying that the
City of Miami Commission or I was going to appoint a legal committee of
any kind to deal with any legal issue. The only committee I was talking
about was on the question of the terms of the return to the City of Miami
rt 101 JUL 18 1983
in the way that we are doing with Bayside and other issues of this nature,
and as you know, when I discussed this with the people that came to see me
I was talking strictly and specifically about people such as Allen Morris
and David Blumberg and David Weaver and people of this sort that were ex-
perienced in this area and I in no way meant, nor does the record show
any implication of dealing with the legal issue by a committee.
Mr. Block: Mr. Mayor, I might be able to help. We took some of the dir-
ection from what we think is a way to go legally from the September 17th,
1982 Minutes of a City Commission Meeting in which Mr. Garcia -Pedrosa was
talking with you about the flexibility of the new provisions of the Charter
and the Code. Mr. Pedrosa says, "Mr. Mayor, I'm, of course, not advocating
either position but let me explain an example where you might want to have
that flexibility." He is suggesting flexibility. You said, "Okay, tell
me." Mr. Garcia Pedrosa, "Suppose you have a piece of property that is
the subject of development that the City already has and you want to get
some more property to do something else, but because of the fact that the
adjacent property becomes available you may want to go to what in essence
is a single source of supply in a real estate context, if you will. In
that case, it would not be practical or advantageous to go through a bid-
ding procedure." And then he says, "Because you might want to use the
adjacent land, given its unique location..." Then he goes on to say, "I
suggest, Mr. Mayor, that we draft - we originally have, which is in your
packet - does contemplate the situation that I raised in saying that the
right to reject stems only from a public emergency or a single source of
supply. What you might wish to do with respect to the real property sec-
tion is to leave that language unchanged." And then he talks about the
two situations in which you could take the new Code and the new Charter
provisions and you can go sole source. "A written finding that a valid
emergency exists, or that there is only one reasonable source of supply."
I think that Mr. Garcia -Pedrosa was probably thinking about our particular
type of situation where we have a lease for another 24 years, so as a
practical matter it is the only real single sole source of supply. Now
that is provision 18 of the Code and it deals with sales to the only poss-
ible bidder and this section provides the competitive bidding can be waived
where the City Manager makes a written finding that it would be futile
where only one possible bidder may be chosen and I think that is where we
really got our direction from is Mr. Garcia -Pedrosa.
Mr. Dawkins: Mr. Mayor, I think that this is where we got in trouble
before. When I came on this Commission the courts had thrown out bidding
procedures, we went to the Charter and established a procedure that would
keep us within the law.
Mayor Ferre: Right.
Mr. Dawkins: Now, that law was stated by the City Attorney, I think, and
now here we are, in my opinion only, attempting to circumvent that law.
Now here again I've said it this morning, I'm going to say it again this
afternoon - we have to be consistent. Now either we have to stick by the
Charter Amendment that we made or let's.....
Mayor Ferre: Hey, I'm voting - look, again, for the loth time, since we
seem to be really putting our finger into the wound, I want to say it
again, I am bound by the City Attorney's ruling. Now what the hell are
we talking about?
Mr. Dawkins: The City Attorney's ruling.
Mayor Ferre: I am with him and I am voting that way. Now, what is the
problem?
Mr. Dawkins: Let's vote then and let's go to the next item and go home.
Mr. Gary: Excuse me, Mr. Mayor, if I may, if I understand it they have
rights now to both parcels of property.
Mayor Ferre: They have what?
Mr. Gary: They have rights.
Mr. Block: Yes, sir.
Mr. Gary: To the Underwood building and to their existing building.
rt Inn J U L 181983
Mr. Block: Correct, both leases.
Mayor Ferre: Now this attorney representing the property lessee, now the
owner is the City, has made a statement into the record reading from words
of the City Attorney. Now, before we got into this issue of following
the City Attorney and getting into all of these implications, I turn now
to the City Attorney and go back and you made a statement that there was
a solution to this problem. Now, what is the solution, what is the legal
solution?
Mr. Garcia -Pedrosa: Well, the legal solution, Mr. Mayor, is to go ahead
and competitively bid the matter. The problem with what Mr. Block read
was that that was my position but it did not carry. When you adopted 53(d)
and when the people of the City of Miami adopted 53(d) that single source
exception is not in it.
Mr. Block: It is in the new Code and the new Charter, it is in the Water-
front Amendment, Section 3(f) which is the new Waterfront provision. Now
that carries forth straight into the Code. It refers you to Article V
which is the real property section, Section 18-78.3, Sale to the Only
Possible Bidder.
Mr. Plummer: Yes, but you see, look, I think where we are on this horns
of dilemna, Okay? Here are our alternatives, and I'm not an attorney.
And you start on me, I want to tell you something. The horns of the dilemna
are this: If they are not granted an extension they then will have to build
something which they can get funding for which will probably be half or 30%...
Mr. Block: One -seventh.
Mr. Plummer: Whatever it is, I'm not smart. Okay? Now, do you want a
project on this property....
Mr. Carollo: Excuse me, Mr. Plummer. Mr. Clerk, can you make sure that you
give me a copy of his last statement? I'd like that as soon as possible.
Mr. Plummer: Yes, put it in bold print. The problem as I see it is simple.
You either find a way to give an extension and hopefully come up with a
first class project which is fundable or you don't find a way because they
have the exclusive right to this property until the year 2007 and have some-
thing that is a third or 50% of this project because this rebidding is nice
to hear. Okay? That you could possibly go out but it is not a reality
because I'm sure they are not going to give up that right they have to the
year 2007.
Mr. Garcia -Pedrosa: No, it isn't a rebidding, Commissioner, it is a putting
out for bids of a leasehold interest beginning at 2007 and ending at 2021,
that is a different proposition.
Mr. Carollo: In other words it is an addition of time.
Mr. Garcia -Pedrosa: Precisely.
Mr. Gary: You're bidding only for the additional time.
Mr. Carollo: Well, J. L., what you're saying has a lot reason behind it
and what I'm seeing is this, that here is a project that is going to cost
a minimum of $20,000,000, from everything that we could see here it is
going to be a first class project, a tremendous tourist attraction and
what the heck are we arguing about? Right now, with the type of lease they
have there they could go ahead and build something that is not going to be
anywhere near as attractive and positive for the City as this is. I mean
some of the types of questions that I've been hearing here in arguments
are not arguments of people that time and time again have stood with me
talking that we want to become a major international city, a major tourist
attraction, it is talk that goes hand in hand with the Stone Age. We're
either going to move ahead and truly bring to this City the type of things
that have made other major American cities great or we're not.
Mayor Ferre: That sounds like my line, but who is arguing with you? I
mean the only question we're trying to figure out is the legal way to do
it. I mean everybody here, as I sense it.....
Mr. Carollo: Maurice, I don't think the way of going about this is by
letting our tempers loose, I think this project is too important for this
rt 1.03 JUL 181983
City to let tempers get in the way now and possibly statements that
shouldn't be made, but there was no evil intention behind.
Mayor Ferre: Carollo, my only concern is that I don't like my integrity
being questioned. Now, some people don't mind that but I happen to mind
it. Okay?
Mr. Carolic.: Maurice, I don't really think that that was the point.
Mr. Garcia -Pedrosa: Now, Mr. Mayor, I trust that you don't really think
that anything that I said was in any way attempting to question your
integrity and I really hope that you don't believe that, and if you believe
that, sir, I want to say on this record that I did not mean that and I
apologize to you for it. But that's not what I said at any point, Mr.
Mayor.
Mayor Ferre: I accept the apology but this is something that got to a
point where it did bother me and I said I wanted to clear the record as
to what was meant. Now, let's get beyond all that, let's get to the is-
sue. The issue is the law. Okay? And we happen to have a problem with
the law, with the Charter. Now, what I want to do is move ahead but we
have to be bound by the law. We can't go out and violate the Charter.
Now let's get this matter clarified. Mr. City Manager.
Mr. Gary: This project is similar to what occurred over the Rusty Pelican.
Mayor Ferre: Yes, sir, but that one we put on a referendum.
Mr. Gary: Well, that is what I'm getting ready to ask. Why can't this go
on a referendum?
Mr. Block: The Rusty Pelican was under the prior Charter and the prior
ordinances ....
Mr. Gary: You're missing my point. This is a similar situation, there was
a request to add onto the Rusty Pelican which you are doing, and to extend
their lease with the proviso that the City is going to get not only a fair
return but more than what they're getting right now.
Mr. Block: That is what we want to suggest to the City as well.
Mr. Gary: What I just suggested if I hadn't said you would have known,
right? That's what you're trying to say? Fine, I think that is a solution.
Mr. Block: No, that we want to provide a fair return and a greater return
than the City is getting now. In terms of the referendum.....
INAUDIBLE
Mr. Gary: What I'm saying is past the year 2007 to the additional time
that you want, that it goes on a referendum based upon an appraisal that
this is a fair return that the City will get and request that the voters
extend the time and it shows them right on the ballot that you're going
to get the amount of money. It overwhelmingly for the Rusty Pelican
Restaurant. That is a solution.
Mr. Block: My only concern about a referendum as opposed to going the
sole source route is that we would like to go Urban Dievelopment Action
Grant along with an Industrial Revenue Bond financing if possible. Now
the Urban Development Action Grant is very advantageous to the City in
that the federal moneys are provided to the City and then the City loans
that money to us at advantageous rates to the City, it is not the City's
money. The Industrial Revenue Bonds invision this sort of a project and
we may lose the Industrial Revenue Bonds because of a bill in Congress
now called the Pickle Bill which will eliminate Industrial Revenue financ-
ing. For that reason, a financing advantage for us and our partners, the
City, because we want to have the City involved as they will get 10% of
the revenues of this project, the greater the project the greater the bene-
fit to the City and to us as partners. So, if we can work together to get
the best possible financing from the market it is to our mutual advantage
as partners. Now, if we lose the Industrial Revenue Bond financing which
Senator Dole and a very substantial minority in the Senate are trying to
do right now then we will lose that federal funding advantage for good
and that could happen between now and November. The Pickle Bill is pend-
ing.
rt 104 JUL 18 1983
0
Mr. Gary: Well, the UDAG and the IDRB's are programs designed to foster
economic development in the private sector, I have no problem with that.
I think, though that the referendum extends your time based upon an apprais-
al and it solves the problem.
Mr. Block: There is another problem with referendum.
Mr. Gary: Let me just finish though. The sole source, if it existed, and
the City Attorney has told me it doesn't exist, but would obviously be a
method to resolve this problem for the mere fact that you have sole source
rights to that piece of property. The City Attorney is saying that doesn't
exist any longer.
Mr. Block: I respectfully disagree with Mr. Garcia -Pedrosa.
Mr. Garcia -Pedrosa: Where is it, Mr. Block, in the Charter?
Mr. Block: If you take Section 3(f) of the Charter, our interpretation of
3(f) is that it deals comprehensively with the lease of City waterfront prop-
erty. It applies to extensions and modifications and it goes through all
these provisions - reasonable access, compliance with the Charter waterfront
setback requirements, view corridor requirements, fair return to the City,
Master Plan requirements and then it says procurement methods as prescribed
by ordinance which means you go from the Charter directly into the ordinance
provision. If you go to the appropriate ordinance provision, that is Article
V, Sale of Real Property, Section 18-78.3 that deals with the sales to only
possible bidder. But to answer Mr. Gary's question, the referendum is a re-
quirement that is used when 3(f) is not satisfied. We are suggesting that
3(f) is satisfied so there is no provision to go into referendum. That is
only without the satisfaction of 3(f) of the Charter, the Charter Amendment
that you could go into referendum. We satisfied 3(f) so we don't qualify
to go to referendum. And the fair return that we would have to make a show-
ing, Mr. Manager, is not guaranteed by referendum. It is guaranteed by 3(f)
and under 3(f) we've got to show you a fair return to the City under 3(f)
which gives all the protections to our partners, the City.
Mr. Dawkins: Mr. Gary?
Mr. Gary: Yes, sir.
Mr. Dawkins: What were the funds you named, UDAG and whatever funds?
Mr. Gary: Industrial Revenue Bonds.
Mr. Dawkins: Okay, I've been on the record before, I want to go on the record
now, and I will go on the record again In the future. I want your staff to a
notify the black community, the Latin community, the Wynwood area and others
of these grant funds when you apply for them and the availability so that in-
dividuals in Little Havana, Overtown and Liberty City can apply for these
funds to rehabilitate the rest of Miami just as individuals attempt to develop
certain other areas.
Mr. Gary: Just for the record, because of the implied innuendo there, we
have, as you recall, we just approved a UDAG recently for Latin Hospital.
We also got a UDAG for the hospital, Christian Hospital.
Mr. Dawkins: Who owns it? Look, Mr. Gary, I'm not going to get into an
arguement with you, all I want you to do is notify me of all the moneys
that are coming down and I'll make it available. Okay? That's all I want
from you. Thank you. Okay?
Mr. Gary: Yes, sir.
Mayor Ferre: Well, we need to come out of this thing with some kind of a
resolution as to a direction we're taking.
Mr. Block: Mr. Mayor, I would like to request that we go to for a sole
source as I've explained our position here if we could, if I'm not out of
line.
Mayor Ferre: Mr. Block, I'm one hundred percent with you but the City Attor-
ney has already explained his legal hesitation on that. You heard it just
like I did. Now, what is it you want me to do? Overrule the City Attorney?
Mr. Block: We have other attorneys that disagree.
JUL 1$1963
rt 1.05
bir. Gary: But we pay him. That's like Larry Jessup.
Mr. Carollo: Mr. Mayor, can we possibly table this today until the City
Attorney can meet with Mr. Block and whatever other attorneys are involved
and research this matter further?
Mayor Ferre: Look, I think that unfortunately we're at a point now where,
you know, there is no going back after the City Attorney has made a ruling
on an issue. Now, as far as I'm concerned, if you want to, what we need
to do is to go forward and the only way you can go forward at this stage
of the game is for somebody to make a motion that this item be, that we go
forward in putting this for a bid based on the year 2007 and that we go
and get the proper appraisals. I think it is crazy but that is evidently
what....
Mr. Plummer: It is worse than crazy. Okay? And let me tell you why. The
whole purpose of what we're trying to accomplish is so that they can get the
financing. If you go to bidding and they're not the bidder after the year
2007, they're still not going to get financing. That accomplishes nothing.
Mayor Ferre: No, Plummer, you didn't follow me.
Mr. Plummer: Well, make it clearer.
Mayor Ferre: All right, let me see. The way the law provides is under what
I heard the City Attorney rule, is that for us to do this legally now, the
only way we can do it is we have to get some appraisals. You've got to put
this out for bid now for a 20 year extension of whatever starting in the
year 2007. Now, I frankly do not know of too many people who are going to
come and bid this right now to have a piece of property for the year 2007.
I mean obviously Mr. Monty Trainer is going to bid the project and so it
seems to me that the only legal way that we can go now is the way the City
Attorney recommends.
Mr. Gary: May I ask a question, Mr. Mayor?
Mayor Ferre: Yes, sir.
Mr. Gary: I agree with you that we ought to go forward on this. There
seems to be two alternatives to be looked at. One is to go for bid but
another is to go for the referendum.
Mayor Ferre: I think we could....
Mr. Gary: Because the bid is too risky in terms of the fact that a lot of
time would have been wasted and if aren't the successful bidder then we're
back at step one again.
Mayor Ferre: Well, why don't you discuss this with your client because ob-
viously we need to do this, and we'll come back to this issue in a little
while.
1983
59. EMERGENCY ORDINANCE - AMEND CAPITAL IMPROVEMENTS APPROPRIATIONS
ORDINANCE TO ESTABLISH GOVERNMENT CENTER PARKING GARAGE AND
CONVENTION CENTER PARKING GARAGE WORKING CAPITAL REQUIREMENTS
PROJECT. (Ag.14)
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 AND 6 OF
ORDINANCE 9502, ADOPTED SEPTEMBER 23, 1982, THE ANNUAL
APPROPRIATIONS ORDINANCE FOR FISCAL YEAR ENDING SEP-
TEMBER 30, 1983, AS AMENDED, BY INCREASING THE APPROPRI-
ATION IN THE ENTERPRISE FUND FOR THE GOVERNMENT CENTER
PARKING GARAGE IN THE AMOUNT OF $145,820, FOR THE PUR-
POSE OF OPERATING SAID FACILITY FOR THE REMAINDER OF
FY'83; REVENUES IN A LIKE AMOUNT BEING AVAILABLE FROM
THE OPERATIONS OF SAID FACILITY, CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Perez and seconded by Commissioner Plummer
for adoption as an emergency measure and dispensing with the requirement of
reading same on two separate days, which was agreed to by the following
vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Whereupon the Commission on motion of Commissioner Perez and seconded by
Commissioner Plummer, adopted said ordinance by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9651
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
sion and to the public.
rt � -07
jV J U L 181983
60. AUTHORIZE CITY MANAGER TO EXECUTE LEASE AGREEMENT, DEPARTMENT
OF OFF-STREET PARKING FOR SPACE IN THE OLYMPIA BUILDING FOR
THE DEPARTMENT OF PUBLIC INFORMATION.
(Ag. 82)
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 83-617
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH
THE DEPARTMENT OF OFF-STREET PARKING FOR THE LEASE OF CERTAIN
SPACE ON THE TENTH FLOOR OF THE OLYMPIA BUILDING, 174 EAST
FLAGLER STREET, FOR THE USE OF THE DEPARTMENT OF PUBLIC INFOR-
MATION, WITH FUNDS THEREFOR ALLOCATED FROM BUDGETED FUNDS OF
THE DEPARTMENT OF PUBLIC INFORMATION.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
61. DISCUSSION OF PARKING FACILITIES AT JOSE MARTI PARK.
Mr. Gary: I think we've got a solution, Mr. Mayor, to another item if you're
getting rid of all of Roger Carolton's. This is on the Jose Marti Park parking.
Mayor Ferre: That's up to Miller. Are you ready to go on it? All right,
what is your motion? What issue is this?
Mr. Gary: This is the same kind of arrangement.....
Mayor Ferre: Well, just tell me what number this is.
Mr. Gary: Item "P". The solution is that we're going to do the same thing
we did with Kennedy, they're going to have a sublease.
Mayor Ferre: Is that acceptable? Mr. Dawkins makes the motion. Is anybody
ready to second it? Demetrio Perez seconds it. This is on Jose Marti Park,
right?
Mr. Gary: Yes, sir.
Mayor Ferre: Further discussion? Call the roll.
rt 108 �983
JUL 18
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 83-618
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
NEGOTIATE WITH THE OFF-STREET PARKING AUTHORITY FOR PARK-
ING FACILITIES AT THE JOSE MARTI PARK ON A SUB -LEASE
BASIS SIMILAR TO A PLAN OUTLINED BY THE DIRECTOR OF THE
OFF-STREET PARKING AUTHORITY FOR DEVELOPMENT OF ADDITIONAL
PARKING IN KENNEDY PARK.
Upon being seconded by Commissioner Perez, the motion was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor J. L. Plummer, Jr.
62. DISCUSSION ITEM - PROPOSED DAYCARE CENTER IN THE DOWNTOWN
AREA.
Mayor Ferre: Very quickly now, you've got 5 minutes. Mr. City Clerk, would
you put the timer on, five minutes.
UNIDENTIFIED SPEAKER: I'm presenting to the City Commission a proposal to
utilize some unused buildings owned by the City of Miami in the downtown
area parks as Daycare Nursery facilities. There is absolutely no day care
facilities in the downtown area.
Mayor Ferre: Look, just come to the heart of the issue. Now, I understand
that Jesu no longer has day care, you want to have a day care center, you
want the City to help you. How do you want the City to help you?
UNIDENTIFIED SPEAKER: All I need from the City is to allow me to use the
unused or rarely used buildings that are already up.
Mayor Ferre: What is up?
UNIDENTIFIED SPEAKER: For example, the facility that I have in mind is in
Lummus Park. There is a beautiful building that has absolutely been closed
down.
Mayor Ferre: Mr. Manager, is I understand, I think in our discussion that
we had Saturday on this, as I understand, I think it was with you that we
talked, you said that there were buildings that were near the downtown like
Lummus Park that were presently not in use that the City might consider
for this.
Mr. Gary: Yes. I think it is a good idea, Mr. Mayor, provided two things:
It doesn't interfere with our recreation program and secondly that City of
Miami residents benefit from this.
Mr. Dawkins: Okay, one thing I have to ask you. Who is going to provide
the money to bring these facilities up to the standards of Florida for Day
Care Centers?
UNIDENTIFIED SPEAKER: The money is available.
Mayor Ferre: In other words, you and the private sector are going to do
that, you're not looking for City funds on this.
UNIDENTIFIED SPEAKER: We're not going,to ask any money from the City.
rt 109 J U L 1 g 1983
Mr. Perez: What is what you're requesting, only the facilities? What kind
of facility are you requesting, only the park?
Mr. Gary: The unused facilities.
UNIDENTIFIED SPEAKER: Yes.
Mayor Ferre: Mr. Manager, I move.....
Mr. Carollo: Where are the funds coming from, Mr. Mayor?
Mayor Ferre: His pocket.
UNIDENTIFIED SPEAKER: We've got it.
Mayor Ferre: We're not going to vote on this today, all we're going to do
is, Mr. Manager, we refer this matter to you with the positive recommendation
that if everything checks out and there are no legal problems and there are
no other problems as represented here that the downtown area does need a day
care center and if we can help the private sector to put their money using
public buildings, provided that there is a bid procedure and all of the other
requirements, that we move forward on it.
Mr. Gary: Yes, sir.
Mayor Ferre: Does anybody have any problems with this?
Mr. Carollo: Can you then come back, Mr. Manager, and bring a report to the
Commission? I think one of the stipulations that we should place, and I
think it is great that people like this in the private sector are coming
forth and are willing to put their own moneys into it, it is not too often
you see that but I would like to always have in our record that when the
City participates in something of this nature especially having to do with
young children, to get a statement from the people where the moneys are
coming from that they're going to be using in this.
Mayor Ferre: Thank you, sir.
Mr. Plummer: This is a non-profit, right?
UNIDENTIFIED SPEAKER: We are intending it to be non-profit, exactly.
Mr. Gary: No, they have to be.
Mayor Ferre: Hey, this is one of the things that obviously you're going to
have to come back with, Howard, as to who the people are, where their money
is coming from, you know, whether there are any bad connections, bid process,
the legal aspects, non-profit, the whole thing.
UNIDENTIFIED SPEAKER: If the City requires it we would be willing to make
it non-profit.
rt 110 J U L 1 g 1983
63. PERSONAL APPEARANCE - LEONARD S. WALKER, REQUESTING REMOVAL
OF PLANTERS IN THE VICINITY OF 15TH AND 17TH AVENUES.
Mayor Ferre: We're now on Item 36 which is an appearance by Leonard S. Walker
requesting relief in reference to planters and living conditions in the vicin-
ity of 15th and 17th avenues. Yes, sir, Mr. Walker, go right ahead. You've
got five minutes. How much time do you need, Mr. Walker? You need an hour,
five hours, do you need ten minutes or what? Fine, Mr. Walker. I'll give you
more time. Mr. Walker, I'll give you more time, sir.
Mr. Leonard S. Walker: Thank you very much. I always heard you were a nice
fellow. What we have to say here today is something that has been festering
in our section for years. You have in front of you there the reason for this
audience. You put planters on 15th Avenue which are very beautiful and if
you will look at the plan there, the pictorial review, you'll see that these
planters have served their purpose for beauty. Now, the big catch is it has
made this an outdoor park for beer drinkers and whiskey drinkers and loiterers.
If you'll look at those things carefully, you'll see that this is a very
definite eyesore, a very definite eyesore.
Mr. Carollo: I see a game room here, I wonder if it is a video game room.
Mr. Walker: Yes, that is a video game room where no smoking is allowed, no
gambling, children can't come in during school hours and we don't have, we
don't tolerate any foolishiness because I believe that children should grow
up like children and be men when they get the time to be men. This condition
on 15th Avenue has caused property values to decrease. I for one, I own prop-
erty, I own the building where the game room is, and I attempted to borrow
money, and to your surprise, Mr. Mayor, the amount of money that could be
loaned on this property had decreased by four six to five six of the original
value, in other words I was able to borrow $6,000 on the building that you
see there and was told that the reason why the money was that low was because
there was no resale value for property on 15th Avenue due to the fact that
it had become a slum street. Now, if you understand what I mean by slum
street, people are hanging out from time to time from day in and day out,
night time and day time drinking beer and what. And now what has happened
really is that the City cops have smiled on this, and I was told that the
community allowed it to happen so the City police would not have anything
to do with it. In other words they would not arrest a man or tell him to
stop drinking wine or beer on 15th Avenue because the community condoned
it. Now, I don't believe the community condones it. Now, you talk to a
merchant on 15th Avenue and he says he's doing all right but now he doesn't
realize that he could do much better if you could remove these people off
the streets. Now if you get down to the case, and the bottom line is I've
got a planter that is parked across the parking lot next to my place. I
own the lot and I've been told by the people downtown that I can't get the
planter moved and if I do get permission to move it I must pay to have it
moved, the City did not ask me to put it down there and so my bottom line -
I'm going to cut this short - my bottom line is that I would like the per-
mit to move the planter and I would like the City to pay for the moving
inasmuch as I did not authorize it and it is not serving any purpose but
to help the loitering and the excessive drinking and so forth that goes
on. Now, whatever you do is all right with me, it's got to be because you
are the last straw, you are the horse's mouth, so to speak. But the people
down in the other section down where you get permits have told me that there
is nothing they could do because it's a City policy not to pay for items
that have been put there by the City and so I'd have to come to some other
source and this is the other source that I'm coming to today to find out if
I can get some relief on this matter, if we can have the law enforcement
about drinking on the streets, I don't think you'd allow it on Brickell Avenue
I don't think you'd allow it on Bayshore Drive, I don't see why it should be
allowed on 15th Avenue to have people sitting on the streets with the wine
bottle, with the whiskey bottle, holding a general conversation, sitting out,
loitering the place and nastying it up. I clean it up twice a day and it
still won't stay clean and I don't believe that the community wants it and
I don't believe you want it and I definitely don't want it and so I would
like to have some relief on it, please, to move the planter, in fact, if
necessary, move all the planters in front of businesses on 15th Avenue and
rt In JUL 181983
let's try to see if we can bring the street back to what you originally
intended it for. They are very beautiful trees but beautiful trees and
nasty planters, you're talking about smells, somebody mentioned smells
that are coming out of the Japanese Garden, well, you ought to hear some
of the smells that come off of 15th Avenue, and so let's see if we can't
get together and do something about it. This is my request.
Mayor Ferre: Mr. Walker, I think you have a valid request and I'll tell
you, Mr. Manager, I'm afraid that sometimes with the best of intentions
people who don't live in these communities, good architects and architect-
ural planners or landscape architects, with all due respects to them,
think in theoretical terms and they put up facilities in the black commun-
ity or in the Cuban community or in Latin communities and not realizing
what the end results are going to be. And it is a well-intentioned thing,
but you know, I'm afraid that we end up creating more problems than we solve.
We go out and spend money. Those pictures of those planters are graphic
proof, and I've seen them and so have you, we've all seen them. We need
to do something about that and I don't know what the answer is, I hate to
bulldoze those things down, but there has got to be a better solution.
Mr. Walker: Might I say something?
Mayor Ferre: Just a moment, sir.
Mr. Gary: Mr. Mayor, this is the first time we're getting the detail of
this, I would suggest that you instruct me to look into the matter, come
up with a recommendation at the July 28th Meeting.
Mr. Plummer: I'll tell you one of the things you can do. The only garbage
can shown in these pictures is overruning. Why don't you put some trash
receptacles and just maybe somebody might use them because they use the one
that is there but that is overflowing.
Mr. Walker: No, I put that in there, I put that trash in there.
Mr. Plummer: Put some more, let the City put them.
Mr. Walker: I'll tell you what, let the City buy them and I guarantee you
in two days you won't have any.
Mayor Ferre: That's the point. See, the problem is that we tried to impose
the way we think about some things on the community, you know, and you just
can't do that in Wynwood or other places.
Mr. Walker: Mr. Mayor, this is a police matter. If you wink at people
breaking the law eventually they'll figure that is Okay. So the cops pass
by a fellow that is drinking his beer and his wine and holding his general
conversation sitting on the planters and he doesn't do anything about it.
Mr. Carollo: You know, sir, I think you've hit the bottom line and that is
a major factor in some of the problems this City has, that you're letting so
many people get away with violating the law that eventually they think that
they could run the City and I hate to, you know, be so much in agreement with
that statement but I am and I think that you are correct, we need to have our
police officers get active out there and when they get active back them so
that people like you can feel safe again in your streets. But let me say
this to you. Let me look at those pictures again.
Mr. Walker: You see, I didn't get a chance to take any pictures with people
in there because I didn't want to jeopardize my personal safety. See, to
take pictures of people, you know, you'd have to have permission so I just
took them when nobody was present but that thing there is crowded with eight
or ten people, you can ride through it any time of day, sometime on the way
to work or something, go ride through there and you'll see what I'm talking
about.
Mr. Carollo: Can the City place, maybe as an experimental process, some
of the big dumsters that can't be dragged away from there along this area?
Mr. Gary: That's not the problem, that's not a solution. They sit in those,
what he is saying is they sit in those planters and they socialize in those
planters.
Mr. Dawkins: And until you get some employment out there to give them some-
thing to do where they won't sit down we're just whistling in the wind, Mr.
Gary. 4. n ,JUL 18 1983
rt""
Mr. Walker: Well, you would be surprised that most of the people who sit
there are on some type of check, either social security or welfare or some-
thing and most of those people don't want a ju:,. This is where the problem
is, see. Now personally I would like to see the planters removed and you
remove the seats and then you remove the rudimentary cause of it because
you give a man a seat to sit down and he going to sit down and do what he
can. You have given him a seat almost two planters to the block, one in
front of my place and one down on the other corner and that is two planters
to the block from 62nd Street up to 71st. Pull the planters, that's what I
say, pull the planters, especially pull them out in front of mine because I
can't get into my parking lot without the planter being moved. I can access
from the alley but I don't have an exit so I just have to ask for that
planter by my place to be moved and I would like for the City to pay for it
because I didn't authorize it in the first place.
Mr. Dawkins: Mr. Walker, if you go in your community and come back with some
signed petitions to remove the planters then I will remove them, but just for
one individual..... I've listened to you, you've got to listen to me now.
Mr. Walker: Well, I want to say something when you get through too.
Mr. Dawkins: Okay. I'm not going to sit here and remove the planters off
of 15th Avenue because one individual, who is you, which you have a right -
you are within your right, to come down and say move them, but now if you
are desirous, as so desirous as you say you are to get them removed, then
you back in the community and come back to me with signed petitions to re-
move them and you've got my vote. Other than that you don't have my vote.
Mr. Walker: Well, the whole problem is that. Now, if you've got a group of
people who are comfortable with a situation that you know is wrong, why should
I have to go back and jeopardize my personal safety to get a petition to satis-
fy the City Commission that has been elected by the people of the City of Miami
to do things regardless of what people think whether they're right or wrong?
Mr. Dawkins: Are you speaking of individuals who own property or individuals
who just sit in the planters? I don't want the people sitting in the planters,
I want homeowners, property owners, taxpayers signed to say that they want the
planters removed and I'll remove them.
Mr. Walker: All right, that's so much for the planters, all along 15th
Avenue, but what about the planter in front of my parking lot?
Mr. Carollo: Well, the question that I have is we have pictures here of I
think 3 different planters along this area but, you know, the one that really
looks like a complete junk pile, much much more dirtier than the other two is
the one right in front of your place. Correct?
Mr. Walker: Right.
Mr. Carollo: Now, what I'm noticing is the following: That in the game
room that you're operating there you also have a snack bar, so what I'm
wondering is how much of that junk in that planter is stuff that some of
the kids that go and play in the game room and buy snacks in there are bring-
ing out and leaving there.
Mr. Walker: Well, I see I've got to invite you out to look at the place
first hand because.....
Mayor Ferre: Joe... Mr. Walker, I think that we have now gone to 15 minutes
on this and I've been as courteous as I can with you and now I'm bringing
this matter to an end. Now, Mr. Carollo, if you have something that you wish
to make a motion on to do, or you, Mr. Dawkins....
Mr. Carollo: Well, I think that we already instructed the Manager to look
into the situation and come back with a report to us.
Mayor Ferre: Mr. Manager, would you come back and report as to a possible
solution? I don't know what the solution is other than bulldozing those
things down which I'd hate to do, but let's bring that up on the regular
agenda at a future Commission Meeting and inform Mr. Walker and we'll try
not to keep you waiting so long next time, Mr. Walker.
Mr. Walker: Thank you. I'd like to make a suggestion that if you're going
to have a person on for 3 O'Clock that you tell him 3 O'Clock and you take
the leadership for the community and be on time.
rt 113
JUL 18 1983
a
�
Mayor Ferre: I wish I knew how.
Mr. Walker: You can, if you didn't get into so many outside deals and what
not, just go ahead and do the business of the City and get it over with.
Mayor Ferre: Mr. Walker, the problem is that your business, see, is most
important to you but there is another fellow who thinks that his business
is important to him.
Mr. Walker: But all of us ought to come into a time frame. I should be
willing to give mine up if somebody else is going to give their's up but
why take 47 and I'm 36 and just because he's talking about $20,000,000,
I'm talking about a lifetime for hundreds of thousands of people who are
getting the wrong impression about the City of Miami due to the fact of
the way we're handling 15th Avenue and I think it is damned wrong, if I
might use some profanity like you all do and you shouldn't. I don't think
you should be cursing up here - "The hell with this and the hell with that,"
I don't think so. I'm not so astutely religious.
Mayor Ferre: We stand corrected, Mr. Walker.
64. PERSONAL APPEARANCE - MR. AL CARDENAS, REGARDING INSTALLATION
OF STREET CLOCKS ON VARIOUS ARTERIALS IN THE CITY OF MIA11I.
Mayor Ferre: We're now on item 37. Mr. Cardenas.
Mr. Al Cardenas: Yes, sir, I'm here, Mr. Mayor. I made a rather lengthy
presentation the last time I was here and I don't believe you're in the mood
to hear it again, but what I do want to say is the following: I have been
before you once or twice on this particular matter, I have met on numerous
occasions with City staff and I think before you, Mayor, there is a proposal
that pretty much expresses the concerns of the City's staff and the interest
of our client and I think a marriage of both is to the best interest of the
City and I would hope you entertain it.
Mayor Ferre: All right, gentlemen, we have item #37 before us.
Mr. Gary: Do you want to hear from the administration?
Mayor Ferre: Yes, sir, we want to hear from the administration. Mr. McManus.
Mr. Joe Mc Manus: Mr. Mayor and members of the Commission, Joe Mc Manus, Assist
ant Director of the City of Miami Planning Department. This item came up before
you on the Commission Meeting of June 15th. There was some discussion at that
point at which point Commissioner Dawkins invoked the 5-day rule. AT that point
Mr. Luft made the Planning Department's presentation at that point and we went
through two separate memos, one by the Public Works Department and one by the
Planning Department citing the various objections of both departments to this
proposal. Basically we viewed this as a physical and visual intrusion on the
City right-of-way, it was entirely unneeded. Mr. Luft then requested some in-
formation from Mr. Cardenas as to specific locations and numbers of signs
because we had cited the fact that given the need to view these signs we felt
that there were very few locations within the City of Miami that these could
be located and we have not had that conversation with Mr. Cardenas. Let me
reiterate again both Planning and Public Works are in opposition to the pro-
posal.
Mr. Cardenas: Mr. Mayor, if I may reply to that, in the words of Jack Luft
himself, as we discussed the two memos with Jim Reid, he said, "You know, Al
all of these items that are outlined here really don't matter to me. What
really matters here is aesthetics." That was the conclusion of Mr. Jack
Luft in a private meeting.
Mr. Plummer: What matters here is what?
Mr. Cardenas: Aesthetics. And I think he is right and I think that was a
concern that he expressed, that is a concern that Jim Reid expressed and
that is a concern that the City Commission expressed. As a result of those
114 JUL 18 W
0 0
concerns, we agreed, and I spoke to Jim Reid on numerous occasions. Inci-
dentally, the query, about the particular locations, I called to the proper
offices on at least two occasions to set a meeting and I understand there
were other priorities but those requests went unheeded and I just want to
go on the record as to that. But more importantly, Mr. Mayor, I think the
issue is aesthetics and the issue what are these things going to look like
and where are they going to be located. And we discussed the merits of
the program, how much in revers--cs this meant to the City, we discussed the
fact that these things were providing a public service and the City was con-
cerned about these two items, in the words of Jack Luft. So, the resulting,
I think, agreement on our part was to say, Look, your concern about these
signs, you're concerned about location, let experts work on that and make
that recommendation to the City and I think...
Mayor Ferre: Mr. Cardenas, I have no objections personally, and I don't
see anything wrong for the City of Miami utilizing commercial thoroughfares
for the purposes of putting clocks up and which we can advertise, provided
it is done properly. Now, there are some places in Europe where these clocks
are absolutely beautiful and there are some places where they are horrible.
Okay? Now, because of that concern I have asked the City Attorney to pre-
pare, and the City Attorney's Office has prepared, and the City Attorney,
signed by Robert Clark, prepared a resolution here which basically does
the following: It establishes, assuming that we were to proceed on this
thing, a committee fo five members appointed by the Commission constituted
as follows: The City Manager or his representative would be one member, the
Dean of the School of Architecture of the University of Miami would be a
second member and then there would be three members appointed by the Commis-
sion selected from the American Institute of Architects, the Institute of
Interior Designers and the Institute of City Planners. And then that com-
mittee of five would deal with the issues of design review, location and
aesthetics. Now, they would evaluate the proposed design and location, the
ornamental structures and consider such factors as the need for City-wide
continuity of structural design and concern for environmental harmony
throughout the City and an initial report to the City Commission by the
committee including the committee's comments and recommendations would be
made within 90 days from the date that the City Commission completed the
appointment of individual members of the committee. Now, I just want you
to understand that if, I'm only talking for this one vote obviously, if
and when this matter comes up before the City of Miami I would be for a
total unity of design in both color and form so these clocks would all
look the same, and if it happens to be Coca Cola or it happens to be Timex
or it happens to Burger King or Mc Donald's that we would not have differ-
ent colored, different designs, different anything, it would all be the
same and if it is Coca Cola it would just simply say "Drink Coca Cola" or
whatever and we wouldn't have the Coca Cola logo and the red and the yellow
and the green and all the different colors so that there would be a unity
of design in the whole process. Now, under those kind of conditions I for
one am ready to vote in favor of this. You've got one vote here, I don't
know whether you've got ....
Mr. Carollo: Well, I'll make the motion to approve it, Mr. Mayor, based
on the conditions described herein.
Mayor Ferre: For the purpose of discussion, we have a motion on the
floor then. Is there a second?
Mr. Plummer: For the purpose of discussion I'll second it.
Mayor Ferre: Okay, go ahead.
Mr. Plummer: Now, what are we actually approving? What is being asked to
approve right now?
Mayor Ferre: That the City of Miami proceed to putting out for bid the
establishment of clocks that would have on them advertising in different
parts of the commercial section of the City, provided, however, that there
be a committee that would deal with the issues of location and design be-
fore we concluded the matter. Obviously, that has to be before it is put
out to bid.
Mr. Plummer: Well, are we talking about, what we're really, is what I
understand that we're telling the administration to prepare an RFP?
Mayor Ferre: Of course.
Mr. Cardenas: Subject to the aesthetics that are, standards that are to be
set. 115
rt JUL 181983
Mr. Plummer: Well, we've got to approve the RFP is what I'm getting at, Al,
but we hold the bottom line and once they're prepared an RFP, if we don't
like it then we don't approve it.
Mr. Cardenas: That's correct.
Mr. Plummer: Okay, so then I have no problem voting for that.
Mayor Ferre: Now, to the maker of the motion, is this resolution.....
Mr. Plummer: No, I'm not appointing any committee at this time.
Mayor Ferre: What?
Mr. Plummer: I'm not appointing a committee at this time.
Mayor Ferre: I'll tell you, J. L., unless we have aesthetic control I ain't
voting for it.
Mr. Plummer: Maurice, that's fine. Okay, and if the committee is for the
sole purpose at this time to help put together the RFP I'll vote for that.
Mayor Ferre: That's all it is.
Mr. Plummer: Fine, I'll vote for that.
Mayor Ferre: Now let'd; let the record reflect that this resolution is
strictly for the purposes to make sure that we don't end up with a monstrosity,
that we end up with control of design.
Mr. Plummer: Well, Mr. Mayor, the very reason that I went this line of ques-
tioning was that the RFP must come back to this Commission and we will make
the decision of whether or not we feel that it meets the right criteria, and
if it doesn't we'll send it back until hell freezes over until they send some-
thing up here that we feel that we can live with.
Mayor Ferre: The point being that I don't want to substitute our collective
knowledge for design with that of the people who are in the business of design.
Mr. Plummer: Take their recommendation but the buck stops here.
Mayor Ferre: That's the point, I think we're in agreement. With that as a
stipulation, are we ready to vote on this, Plummer?
Mr. Plummer: I am.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 83-619
A RESOLUTION APPROVING, IN PRINCIPLE THE CONCEPT OF PERMIT-
TING THE INSTALLATION OF LIGHT ORNAMENTAL STRUCTURES DISPLAY-
ING THE TIME OF DAY AND A COMMERCIAL ADVERTISING MESSAGE AT
SELECTED LOCATIONS ON CITY STREET AND SIDEWALKS; ESTABLISHING
A DESIGN REVIEW COMMITTEE TO EVALUATE THE DESIGN AND LOCATION
OF SAID STRUCTURES; FURTHER SETTING FORTH THE REQUIREMENTS
THAT THERE BE A PUBLIC HEARING SCHEDULED AT THE TIME THE CITY
COMMISSION CONSIDERS APPROVAL OF THE DESIGN AND LOCATION OF THE
DISPLAY STRUCTURES WHICH WILL BE INCLUDED IN THE REQUEST FOR
PROPOSALS TO BE USED IN THE CITY'S COMPETITIVE PROCUREMENT
PROGRAM FOR SUCH STRUCTURES.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote-
rt 116
JUL 18 1983
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
65. PERSONAL APPEARANCE - JANICE DIAMOND, REGARDING DONATION OF
SCULPTURE TO THE CITY OF MIAMI.
Mayor Ferre: We're on Item 38 now which is Galleria Novita to present a
permanent sculpture to the City of Miami. Is the representative of....
Mr. Plummer: Mr. Mayor, I want to make sure and understand that if Mr. Shevin
is not here by 7:00 O'Clock that this matter is going to be deferred.
Mayor Ferre: I accept that.
Mr. Plummer: Okay, I don't want this matter to come up after I walk out the
door nor do I want it to come up five minutes before I've proposed to walk
out the door.
Mayor Ferre: J. L., as a matter of fact, the only issue really before us is
a report from the City Attorney. Now, I have been meeting and discussing
with Mr. Shevin - the City Attorney has been aware of my discussions - if
Mr. Shevin comes down here, and even if he doesn't come down here, as far as
I'm concerned I'm going to put this matter on record so that we have full
knowledge of exactly what occurred during last week and I certainly do it,
as you requested, before 7:00 O'Clock or by 7:00 O'Clock.
Mr. Plummer: Thank you, sir.
Mr. Gary: Mr. Gary: Mr. Mayor, may I ask are we going to be losing people
at 7:00?
Mr. Plummer: No, sir, you're going to lose me at 6:00.
Mr. Gary: Can I identify those items that.....
Mayor Ferre: You go ahead and do it but right now we're going to listen to
this lady. This lady has been very patiently waiting to make a presentation
to the City of Miami which is a very generous thing, indeed, and she has
been kind enough to sit through all this afternoon session. Yes, ma'am.
Ms. Janice Diamond: -Mayor Ferre and members of the Commission, thank you
very much for the opportunity of my making a presentation this afternoon.
My name is Janice Diamond and I am representing Galleria Novita which is
located at 2150 Coral Way in Miami. In honor of Hispanic Heritage Festival
which is coming up in October, Galleria Novita wishes to present a sculpture
to the City of Miami. We are commissioning the artist Perecoll who is of
Hispanic descent to produce and design this prototype of a sculpture which
I am presenting to you here on the easle. The piece shall be done in bronze,
it is a figure of a bird in flight which represents peace which represents
freedom. We offer you the option of the placement of the sculpture at a
place of your discretion and choosing. We would like to see it displayed
in a public place so that people may have an opportunity to see it and enjoy
it. The life of the artist represents the Hispanic culture in that he came
from a very humble background and through his education and his experience
he has achieved prominence in the art world throughout Europe. We are offer-
ing the sculpture to you and will be happy to arrange for the installation
as well.
Mayor Ferre: Where exactly would you recommend that it be installed?
Ms. Diamond: I would love to see it front of City Hall, I feel that there
are many public facilities that do have sculpture and art work.
rt 117 J U L 18 1983
Mayor Ferre: How large would the piece be?
Ms. Diamond: The piece will be seven feet in height and approximately four
feet in width. We leave the choice to you, however, wherever you would
like to have it placed.
Mayor Ferre: Ms. Diamond, may I say, and I'm sure I speak for all of us on
the Commission, that this is a very very generous gift which is a very val-
uable thing. In the market you're talking about a lot of money and these
people are doing this on their own coming here and making an offer which I
think is of substantial artistic and monetary value and on behalf of the
City may I thank you for this kind offer, and I'm sure that we would be
honored to have a perecoll sculpture in this community. Now, as to where
the location would be, I think we have a committee that deals with that and
perhaps it might be somewher in Bayfront or in Dodge Island or Watson Island
or Brickell Avenue or the park here in Coconut Grove, we have a committee.
Mr. Manager, I think the committee in function, as I recall, is made up of
very prominent architects and designers in this City and I don't know. Who
is the Chairperson of it?
Mr. Gary: You're talking about Art in Public Places?
Mayor Ferre: Yes, sir.
Mr. Gary: Yes, it is an active committee.
Mayor Ferre: But who is the chairperson?
Mr. Gary: Well, the staff person is Cathy Leff.
Mayor Ferre: Cathy, I saw you around someplace. Who is the chairman of the
committee?
INAUDIBLE RESPONSE
Mayor Ferre: Okay, so we have a very prestigious committee, and I would ask
Cathy Leff if she would talk with you and arrange for a meeting with the com-
mittee. And we thank you very much for your presentation and your....
Ms. Diamond: Thank you for the opportunity.
Mayor Ferre: And thank you for your patience.
66. PERSONAL APPEARANCE - MR. VICTOR LOGAN REQUESTING REDUCTION IN
THIS YEAR'S RENT CONCERNING THE STAGI14G OF THE SUMMER BOAT
SHOW.
Mayor Ferre: Item 39. You have five minutes, Mr. Logan.
Mr. Victor Logan: Okay, at this time, I would like to move forward and make
a couple of suggestions, if I may. The last time I was here there was some
question, some finger pointing going on and I think I have met with the admin-
istration and we have come to the conclusion that really what is interesting
here is that there has been a loss that has been created and that there is a
need for some assistance because of that loss created. We lost some $50,000
worth of revenue that we could have brought in for sales space for the boat
show as a result of our inability to use the courtyard. When we lease the
facility, we lease it in its entirety and we have to be able to have the space
to sell and that direction, I would ask that somebody on the Commission would
move to allow us to get a reduction of our rent this year of $8,000 which is
approximately one -sixth of our losses this year.
Mayor Ferre: All right, you have heard the statement by Mr. Logan. Mr. City
Manager?
Mr. Cesar Odio: Well, sir, my biggest argument with him was the statement
made about the roof and I maintain that we never did tell him that the roof
would be ready. He did not at any time present the plans of the boat show
to the auditorium manager as he has been obligated to by the contract that
he signed with the City. Paragraph 5 of page 14 tells him that he must present
his plans to the auditorium manager for the auditorium manager's approval
rt 8 JUL 181983
0 0
before he can go out and sell his show and that was not complied with.
Mr. Logan: Okay, since Mr. Odio wants to get into a battle with me about
it, and wants to continue the accusations, I will say this to you, and I
have a copy of the letter here and I have submitted a copy to Mr. Odio and
to Mr. Young. Mr. Young has been through approximately a half a dozen sec-
retaries in the last year, the reason being that the City doesn't want to
hire anybody full time. The probability is because they don't want to pay
the benefits and that direction doesn't allow his office to function prop-
erly. Now, on December - I've got a copy of the letter here in my file -
in the month of December of 1982, 1 submitted a letter to Mr. Young as I
do every year with my floor plan. The letter was addressed to 3600 Pan
American Drive, the address of the Convention Center is 3360. Of course,
the Pan American Drive is only about two blocks long. Another correspond-
ence was sent to him at that same address, 3600 and he received it so we
know that the mailman is capable of getting his correspondence to him
whether it is 3360 Pan American Drive or 3600. I have submitted a copy of
that letter to him and he has received other things sent to that address.
It isn't that I didn't send it because I did send it out. Now, in addition
to the fact that I sent it, in May, when we first recognized that there was
going to be a problem with the use of the courtyard because I did some check-
ing with the contractor, at that time I got the Fire Department to come down
and approve additional locations on the main floor. At that time, I sub-
mitted a copy of that approved floor plan or change of my normal floor plan
from the Fire Department to Mr. Young and said in the letter, "Here are
changes from this year's floor plan." Now, had I never sent the original
floor plan to him in December I wouldn't have been sending him changes in
May. He received that. My boat show is over tonight at 11:00 O'Clock and
to this date Dr. Young has failed to give me an approval of my floor plan
which is absolutely absurd. Now, if you look at the record, I think you
will show that I have done my part and I am simply asking the City to do
their part.
Mr. Gary: Mr. Mayor, two points, three points. The first is that we didn't
get his floor plan so it is difficult for us to tell him or determine what
he planned to use that space, which we would have told him that you can't
use because it won't be ready. Secondly, under no circumstances did Mr.
Long tell him it would be ready in time and thirdly, we have already sub-
sidized his private operation before and we're getting ready, he's coming
back now to do the same thing and I am totally opposed to this.
1983
Mayor Ferre: Further Commission questions or input, because we are moving on
to the next item.
Mr. Logan: Mr. Mayor, I just one last question, since it was brought up. I
want to remind you that at the last Commission meeting I gave each of you a
copy of the polygraph test that I went to take at Wackenhut. During that
polygraph test they called the Assistant City Manager, Mr. Odio, and they
offered him an opportunity to have me asked any question that he wanted to
ask me. His answer to them was that he did not have any instructions from
the Manager to act in that direction. Until he got them, he could not do
anything. The Manager was out of town at that time.
Mr. Gary: My answer would have been no.
Mr. Logan: As a result...I beg your pardon?
Mr. Gary: My answer would have been no.
Mr. Logan: O.K., your answer would have been no. In the meantime, I went
ahead for the Commission's courtesy and I had all of the questions asked.
You have copies of the questions and the answers. It shows that Mr. Long
unequivocally told me that it would be ready because the question was asked
me and I did not lie on the polygraph test, sir.
Mayor Ferre: By the way, Victor, I understand things are going better this
year, heh?
Mr. Logan: Yes, sir.
Mayor Ferre: I understand that....
Mr. Gary: Maybe he could pay us our money back.
Mayor Ferre: I understand that the turn out is real good.
Mr. Logan: That is correct, sir.
Mayor Ferre: How much better was it than last year?
Mr. Logan: I won't know that until this evening, sil.
Mayor Ferre: Is it over 20%?
Mr. Logan: Yes, sir, that is correct.
Mayor Ferre: Is it over 30%?
Mr. Logan: No, sir, not to my knowledge.
Mayor Ferre: But it is better than 20%.
Mr. Logan: That is correct, sir.
Mayor Ferre: That's super, congratulations to you.
Mr. Logan: But it doesn't make up for a $50,000 loss, sir. Thank you.
Mayor. Ferre: No, I'm not...:
Mr. Odio: It's about 26%.
Mayor Ferre: Does anybody else want to make a statement or do anything?
Thank you, Mr. Logan.
Mr. Logan: Excuse me, sir, I have asked that a motion be made.
Mayor Ferre: Nobody wants to make the motion.
Mr. Logan: I'm sorry. I didn't hear Lhat question asked.
sl 120
JUL 18 1983
sl
Mayor Ferre: I asked if anybody else wanted to say anything, make a motion, _
make a comment, ask a question; hearing nobody, I'm going on to the next item.
67. PERSONAL APPEARANCE - MR. ELADIO ARMESTO, CONCERNING PROPOSED
CHARTER AMENDMENT. MOTION DECLARING PROPOSAL WILL NOT BE PLACED
ON TIME BALLOT IN 1983.
Mayor Ferre: We are now on item 42. This is Eladio Armesto.
Mr. Eladio Armesto: Good afternoon or good evening, I don't know. Still
I have in my mind the words of Mr. Walker. Mr. Mayor and members
of the Commission, the purpose of my being here is to represent a group that
we don't want to be raving by keep a low profile because I understand and
we understand that you people in the Commission understand our problem. Let
us go back to, Mr. Mayor, in May 28th of this year, we presented a petition
to the City Clerk to be placed a change in the Charter of the City of Miami
in the next November election to amend the existing Charter into and to
establish that number one, this Charter adopted by the people of the City
of Miami shall be known and maybe city as the executive mavor-council
Charter of the City of Miami, a strong mayor type of government. Number two,
that the City of Miami shall be governed by a mayor and city council; the
city council consisting of seven members. These are our two main petitions.
Now after research that we have done, I come before you with the conclusion
begining by this research done by the building the American city is published
by the U.S. Government. It is in the 91st Congress, first session, House
document No. 91-34 and in the first pages it says that this document was
approved in Miami by J.A. Hester, Robert King High, Robert Holton, Porter
Homer, Arthur Snyder, Claude Pepper, Ricky Falt, Dr. F.P. Asher, Bernard
Wexler, Paul J. McNeil, Jr., John Thomas, Francisco de Velazco, Haley Sofgee
Mrs. Athalie Range, Samuel Moncour, Elizabeth Virrick, and Jerome Green.
These were the people who approved this change according to this book, not
for the City of Miami, but for every city that is more than 250,000 people.
Also, the Eisenhower report, printed by the U.S. Government, and the report
by the Dugas Commission attest that the best form of government for a city
with over 250,000 population is a strong mayor type of government, and not
the city manager type of government. These reports, the building the
American city, the Dugas Commission report, and the Eisenhower report
state very clearly that for cities with less than 250,000 the city manager
type of government is the best one. But for big cities and big metropolis
area the best government for the people is the strong mayor type of government.
I don't want to take much of your time, but to read only one part of the
report that said as follows:
"The growing discontent with American local government goes
beyond an occasional desire to vote the rascal out. It is
increasingly focused on the basic structure and procedures
of local government. This disaffection takes two forms,
stressing one or the other that government will be effective
and accountable."
Also, it says,
"When the city manager form of governments says the island of
functional power before which the modern mayor stands in public
no mayor of a modern city has predictable means of determining
whether the bosses of the new machines, the bureau chiefs and
the career commissioners will be loyal to anything but their
agencies, its work and related professional knowledge. The new
machines are machines in that the power of each, while resting
ultimately up on services rendered to the community depends upon
it's as a small minority in the vast, the diverson of
the multitude."
This is the reason I am here today asking you to adopt this for the next
November ballot with a provision. The provision will be that this change
in the City Chapter of the City of Miami will not take effect until 1983
and 1987 at least. I think that this will take effect after four or six
1
121
JUL 18 1900
0
0
Mr. Armesto (CON'T): years of passing this by the people. The people should
have a chance to vote and be told about this change. Also that will take
effect not this year, not two years from now, but four or six years from now.
Mayor Ferre: Thank you, sir. Are there any questions?
Mr. Plummer: Well, I think, Mr. Mayor, that he has been talking with me.
Mr. Armesto, I think what you need to do is to get with the City Attorney
and find out the legalities from the stand point of having something prepared
to present to this commission for its approval. I would say to you that at
Mr. Pedrosa's earliest convenience, that you get with him and draw something
up in something in the form of a report or recommendation to this commission.
Mayor Ferre: Mr. Armesto, let me tell you so you have my position. I am
not about to mix this matter up in this year's electoral process. So, I
will tell you right now that you do not have my vote on this matter for this
November. If you want to do it in the proper way, the way to do it is for
us to have a committee to study this matter, come up with the proper legal
wording, and put it in the election next year when we don't have city politics
involved. I know that there are others and there are those who are very
anxious to have this in the November election. I'm not saying you are one
of them. But there are those who want this very anxiously on this November,
for certain political reasons. I do not think that I subscribe to that.
The only way that I will even consider this is if it were to be subsequent
to this at all times that it would be on a non -City of Miami election year.
I would not vote to put this on the ballot in the year '83. I will not vote
to put it on the ballot in the year '85 or '87. I would consider putting it
on the ballot for the year '84 or '86.
Mr. Carollo: But can we make a motion now that this will be placed on the
ballot then? If the motion fails, that it would not be placed on the ballot
on November of '83, can we make a motion as of now so that it will be placed
in the ballot of November of '84?
Mr. Armesto: I will go for that. The City Lawyer will make the proper,
he will type, or whatever it is, he will make the thing that will go before
the electorate in 1984.
Mayor Ferre: I will be happy to vote upon it once it comes to us in legal
form.
Mr. Armesto: Let's vote subject to the legal forms from the City. He will
Listen, Mayor, I am mad at you sometimes because I like the
way you sometimes take the bull by the horns. This is a time perfect for
you to take the bull by the horns.
Mr. Carollo: Sometime you can't find the horns, though, it just takes a
little bull.
Mr. Armesto: Right, right, let's vote right now to put it in '84. It will
be in effect in '88, in '88, four years from '84, when Plummer, you will be
sitting in Claude Pepper's seat in the U.S. Congress and ....
Mayor Ferre: Mr. Armesto, Claude Pepper is not going to like you.
Mr. Armesto: I don't care. I never voted for him.
Mayor Ferre: Claude Pepper says that he intends to be in Congress in the
year 1988 and I'm sure that he doesn't like you making statements like that.
Mr. Armesto: No, he won't be there, I think, next year even. Anyway, let's
go now.
Mayor Ferre: Mr. Armesto, let me say that I think I admire your tenacity
on this matter. As far as I am concerned, I will vote upon it once I understand
what I am voting upon in legal form. This is not something that I take very
lightly. I will be happy to vote upon it, once you meet with the City Attorney
and come up with the legal language in the future.
s l 122 J U L 1$ 1983
Mr. Armesto: Yes, but I am submitting... my whole committee has given me the
power...I am submitting to the wisdom of the City Attorney to draw a resolution
according to law and let's put it this way, everything being in that place, you
vote today is to put on the ballot in '84 according to the legal advice of the
City Attorney. He is the one who is going to draw the resolution, not me.
Mr. Carollo: Excuse me, time out. If I may ask the City Attorney for a legal
opinion. The legal opinion that I want from the City Attorney is that on the
wording that Mr. Armesto and his group have before us, is that wording legal?
In other words, is there anything that could be construed as illegal if we
were to place this in the ballot? My concern right now is with the legality
in the way that they have worded...
Mr. Garcia -Pedrosa: I don't have it in my packet.
Mr. Carollo: I'm sorry.
Mayor Ferre: I don't have anything in my packet either. How can we vote
on something that we don't even have? That's my point. I mean I could very
easily invoke the five day rule here, and that automatically puts it up to
the next commission meeting.
Mr. Garcia -Pedrosa: Mr. Mayor, let me say that I don't think that it would
be proper for you to pass a resolution calling an election before you have
an ordinance setting forth the ... because a resolution, among other things
sets forth the ballot question and instructs the City officials to place
that question before the electorate. I don't know that I would have any
problems with this formulation, but I think it is a matter of procedure,
your would have to follow the normal procedure that this commission follows
and I think the law requires that you have a piece of legislation and then
put that piece of legislation before the electorate.
Mr. Armesto: You have the piece of legislation there. That is exactly
copied from the Charter of Hialeah, the Charter of Sweetwater, which has
been tested in many courts. You have it there.
Mayor Ferre: Is there further discussion on this item? Are there any
questions?
Mr. Carollo: Yes, I would like to hear from the City Attorney if the wording
that is in that proposal is legal. Just the facts and nothing but the facts.
Mr. Garcia -Pedrosa: Commissioner Carollo, I'm not...I'm seeing this for
the first time. I'm not really quarreling with the wording. What I think
I was trying to say is, first you pass an ordinance. Then you place that
ordinance on the ballot. That is what I am concerned about. I thought I
understood someone to say earlier that you wanted to place the issue on the
ballot before you had the ordinance. I think that is putting the cart before
the horse.
Mr. Armesto: What Commissioner Carollo means, Mr. Attorney, is if that
wording is legal or not, that wording before you is legal or not. Let's
go step by step. Is legal or not?
Mr. Garcia -Pedrosa: As far as it goes, it is legal, but it doesn't spell
things out very far.
Mr. Armesto: Then it's legal.
Mayor Ferre: I said it once and this is the last time I am going to say it.
I'm not ready to vote on this item the way it is in form today. There is
absolutely nothing in my packet on item 42, nothing. I don't do something....
Mr. Armesto: It's sabotage.
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Mayor Ferre: I'm not going to do something as important as this without
any information. If you, if the City Attorney comes back with the properly
worded and the properly studied legal statement, then I would be happy to
vote upon it at the next commission meeting.
Mr. Carollo: Can the City Attorney come back with the properly worded,
:whatever the Mayor means by that, proposal....
Mayor Ferre: A legally worded and studied document, something of this
importance has to be properly done.
Mr. Carollo: You could throw holy water on it and everything else.
Mayor Ferre: I don't mind doing that, for those of us that are believers.
For those of you that are not believers, there is nothing I can do for you.
Mr. Carollo: Well, Mr. Mayor, the only thing you have forgotten to say
today is going to confession. I suggest that you keep that in mind. But
anyway, the meeting of July 28th will be fine with me....
Mayor Ferre: Oh, heavy!
Mr. Carollo: ....for the City Attorney to bring it back after it is blessed,
baptized and everything else done to it.
Mayor Ferre: I'm sure that all the religious friends that you have are
really going to be interested at your religious commentaries in this
commission meeting.
Mr. Armesto: You want to know something, Mr. Mayor?
Mr. Carollo: Let me say this to you, Mr. Mayor. Well, I'll save that
for another occasion, Mr. Mayor.
Mayor Ferre: I'm sure you will.
Mr. Armesto: Mr. Mayor, when you mention religious friends you forget that
you have an aunt that was a Catholic nun in the same order that Carollo's
aunt was a Catholic nun, or is still a Catholic nun; and my sister is a
Catholic nun. We have three.
Mr. Carollo: And all three, if I recall, are in the same convent in Puerto
Rico.
Mayor Ferre: Now that we have gotten over that one, let's move along.
Mr. Carollo: Then again, Mr. Mayor, I don't ... and I'll say it publicly,
I don't believe in the kind of Catholicism that, for instance, Mr. Descoto
has in Nicaragua.
Mr. Armesto: Right, in July 28th we will be back.
Mr. Carollo: The Mayor instructed'the City Attorney to come back with
the appropriate wording for this for the July 28th meeting. I think
this is something simple. Either the Commission votes on it or it doesn't.
It's not a matter of whether this in favor or not. I think what it really
is a matter to discuss is that a citizen is following the due process allowed
to him by our City Charter, which is our City law. This Commission, I think,
has to give that citizen a right to have his day in court and either to vote
for it or not. If we don't, that citizen has the right, if he so wishes,
to follow whatever other steps he might want to follow according to the Charter.
I don't think that no one is going here on record, whether they are agreeing
with that or not. That has not been discussed here. It's just the issue.
Mayor Ferre: Yes, sir. Anything else?
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Mr. Armesto: O.K., July 28th.
Mayor Ferre: July 28th is the Zoning meeting. I have no problems taking it
up... the next regular meeting of this Commission is on September 7th. By the
way, we have a problem with that, Mr. Manager. That's the Nasher thing you
advertised.
Mr. Gary: That's right, we have.
Mayor Ferre: So I don't know what we are going to do with that, because the
8th is Rosh Hashanah. So, what are we going to do?
Mr. Gary: There is a 60 day requirement and it's been advertised.
Mayor Ferre: We will take this up at the next regular City of Miami Commission
meeting. By then we will have all the legal aspect.
Mr. Armesto: When will that be, Mr. Mayor?
Mayor Ferre: September 7th.
Mr. Perez: Mr. Mayor, I think it will be important to have all the back up
information for that meeting. We don't have any information on this issue
today. I think it would be important to have a copy of all the documents that
Mr. Armesto delivered.
Mr. Armesto: I will make sure that you have this report and the Eisenhower
report.
Mr. Carollo: Can that item be the first item on the agenda?
Mr. Armesto: When is the specific date of this? July 28th?
Mayor Ferre: September 7th.
Mr. Carollo: Let me ask this in all fairness to Mr. Armesto. I'll say that
I don't think that his proposal has a chance in the world in passing before
this Commission right now. So, I'm not concerned with that. But in all
fairness to him, so he will not be mislead, what is the last date that this
Commission can vote on something so that it can be placed on the November
election?
Mayor Ferre: On the November election, it must be placed on the ballot 45 days
before.
Mr. Armesto: It has to be July 28th.
Mayor Ferre: I tell you, I don't know if you want, I can bring it to a vote
right now that we are not going to have this on this November election.
Mr. Carollo: What I'm trying to do, Mr. Mayor, is just not running around
crazy and misleading him. Then for him or anybody else to say that well, we
misled them.
Mayor Ferre: Mr. Armesto, I don't know what the will of this Commission will
be, but I just want to express to you again that I am not for having it on the
electoral ballot this November. I'm just one person....
Mr. Plummer: Well, did I not hear you say that's no problem if it goes next
year?
Mr. Armesto: That's no problem with me, but Commissioner Carollo wants to
know. He raised a question, which is a valid question. Well, how long before
the November election has to be a resolution adopted in order to be valid for
the November election?
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Mr. Plummer: If it goes next year, I can assure you that you have plenty of
time.
Mr. Carollo: Yes, but what I said, Commissioner Plummer, what I meant, and
let me be specific, is that I think the way to end this once and for all is
if we right away give these people a date of when it can be dealt with.
Mayor Ferre: September 7th.
Mr. Carollo: So, in essence, September 7th but we don't meet again until the
22nd.
Mayor Ferre: That's right.
Mr. Carollo: The 23rd is 45 days before. Am I correct or not?
Mayor Ferre: That is correct.
Mr. Carollo: O.K., so there is still enough time. It comes back before the
7th, and then comes back before the 22nd.
Mayor Ferre: No, it would not be enough time, because that is not 45 days before.
Mr. Carollo: 45 days before would be the 23rd.
Mr. Armesto: The 23rd of September.
Mayor Ferre: Marie, what is 45 days before the November election?
Mr. Plummer: September 23rd. That is the final day of qualifying.
Mayor Ferre: You are right.
Mr. Armesto: Then September 7th.
Mayor Ferre: For those who want to put it on the November election.
Mr. Armesto: On September 7th we will have the meeting here. Still we have
time to put on the ballot if you people decide to have it.
Mayor Ferre: If three people on this Commission want it to be on the ballot
in November, it will be on the ballot in November.
Mr. Plummer: But what year?
Mayor Ferre: See, J.L., I have already gone on record that I am against it
going on the ballot this November. But I am the only one that has done that.
What the implication is of this discussion is that there are not three votes
that have said that yet. So, therefore....
Mr. Plummer: But Mr. Armesto, who is the proposer, has said there is no
problem with it going on Next year.
Mr. Armesto: No problem with me. Also there is no problem with me if the
Commission decides to go this year.
Mr. Plummer: Hey, look, I think so that we can get off a dead center....
Mayor Ferre: Can you read that one right?
Mr. Plummer: Yes, I heard that one. That's what you call if you can't do the
front door, you do the back door. O.K., now so that we can get off a dead
center is, Mr. Mayor, based on your comments, make a motion that it will not
be in November '83 at the earliest.
Mayor Ferre: You make the motion% -
Mr. Carollo: I'm glad you said if, Plummer.
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Mr. Armesto: It's a calculated risk. I tell you this. This is a hot potato.
If you put it in the ballot in November....
Mayor Ferre: Wait, wait, is it a hot potato? Wait a moment. Then I make
the motion. Here.
Mr. Armesto: Right! You are taking the bull by its....
Mr. Plummer: Take the bull by the what?
Mr. Armesto: By the tail.
Mayor Ferre: The way I look at it, there is an awful lot of bull out there
to take by the horns.
Mr. Armesto: The problem is this. We want to know when this is going to be
finished.
Mr. Plummer: No, there is not much bull. There is what is left by the bull.
Mr. Armesto: When is going to be finished this? September 7th? Do we come
back September 7th?
Mayor Ferre: Hold on a moment. Wait, wait. Mr. Plummer, I move you, sir,
that this item not be heard, not be placed on the ballot this November, anytime
in 1983. I so move.
Mr. Plummer: There is a motion. Is there a second.
Mr. Dawkins: Yes, I second it.
Mr. Plummer: There is a second. Under discussion, is there any discussion?
Mr. Gary, you have been awful quiet in this matter.
Mr. Dawkins: You always have a solution.
Mr. Carollo: He is not really interested in this.
Mr. Plummer: The wisdom of Solomon.
Mr. Gary: I got a why.
Mr. Plummer: No further discussion. Call the roll.
The following motion was introduced by Mayor Ferre , who moved
its adoption.
MOTION 83-620
A MOTION DECLARING THE INTENT OF THE CITY COMMISSION
THAT A PROPOSED CHARTER AMENDMENT TO AS ELICITED BY
ELADIO ARMESTO CONCERNING PROPOSED CHANGE IN THE FORM
OF GOVERNMENT FOR THE CITY OF MIAMI WILL NOT BE PLACED
ON A CITY OF MIAMI BALLOT DURING THE YEAR 1983.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: Commissioner Joe Carollo
ABSENT: None.
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ON ROLL CALL:
Mr. Plummer: Well, you understand... how does that go, Maurice? It's immaterial
which way I vote. But I want to make the record perfectly clear so nobody can
misunderstand what I am doing. Now predicated on that I want to go with some
of my friends who say this way and some who this way, and I always go with my
friends.
Mr. Carollo: That's what you call one to the right and two to the left.
Mayor Ferre: You sounded just like Dave Kennedy.
Mr. Plummer: I vote yes.
Mr. Armesto: In November, I mean in September 7th, we are going to discuss
what type we are going to put in '84; what is going to be in the ballot in
'84. That's what I understand, no?
Mayor Ferre: No, no, no, you don't know that there is going to be a ballot
in '84. I would not assume that yet. You don't know what this Commission is
going to vote on.
Mr. Plummer: The motion that has passed is that it will not be in '83.
Mr. Armesto: That's O.K. with me. I told you before I was not pushing.
Mayor Ferre: We haven't told you yet whether or not it will be in '84.
Mr. Armesto: But in September you are going to say one way or the other. No
more Mickev Mouse in gpntember.
Mayor Ferre: Maybe yes. Do you want me to tell you right now?
Mr. Armesto: Yes.
Mayor Ferre: My vote is no. How do you like that?
Mr. Armesto: It's O.K. with me.
Mayor Ferre: Is that grabbing the bull by its horns.
Mr. Armesto: That is grabbing yourself.
Mayor Ferre: That's me. That's my vote. My vote is no. I'll tell you right
now. It's N-0. En espanol es no.
Mr. Armesto: That's your vote.
Mr. Plummer: Do you want my vote?
Mr. Armesto: In espanol it's no, in English it's no, and in Russian it's niet.
Mayor Ferre: You must know Russian, because I know nothing about that. So
you must know something about that.
Mr. Carollo: Gentlemen, gentlemen....
Mr. Plummer: You can have my vote in English. It's mas or menos.
Mr. Armesto: Ah! That's a good one!
------------------------------------------------------------------------
NOTE FOR THE RECORD: Commissioner Dawkins requested the following itmes
to be deferred: items 9, 11, 15, 25, 26, 31, 32, 65, 70 and 86.
------------------------------------------------------------------------
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68. CONTINUED DISCUSSION - PROPOSED GROVE MARKET PROJECT. MOTION
TO TABLE; MATTER WILL BE DISCUSSED JULY 28.
Mr. David Block: Item 47 was our item.
Mayor Ferre: Go ahead, sir.
Mr. Block: We have discussed the dilema, and based on the City Attorney's
legal opinion and in the spirit of cooperation, despite our disagreement with
the City Attorney, we will agree to go with the competitive bid, $2,007.
Although we —this is a little silly.
Mayor Ferre: Why didn't you say so in the first place? We would have all
avoided all this running around.
Mr. Block: But we would like to request that we move with this batch because
these R.F.P.s sometimes can last for years and years. We have pending finan-
cial commitments.
Mayor Ferre: Mr. Manager, do you have any problems with that?
Mr. Block: Can we come back in September on that?
Mayor Ferre: Yes. Mr. Manager, do you have any problems with this?
Mr. Plummer: Well, I have a problem, Dave.
Mr. Gary: Well, that's not smart at all.
Mr. Plummer: I'm sorry. I think you are committing suicide.
Mr. Gary: That's not smart.
Mr. Plummer: Now, look, if you go to bidding, you go through the problems.
What are we trying to accomplish? We are trying to find a way so that a
financial proposal can be put together that is financially feasible.
Mr. Block: That's correct, sir.
Mr. Plummer: If these R.F.P.s come back, we go through the bidding process,
you are not the successful bidder. You still did not get a financial institution
to bid.
Mr. Block: Let me let Monty....
Mr. Plummer: I don't see what we are accomplishing.
Mr. Block: Mr. Plummer, let me let Monty answer that question...his feelings
about that.
Mr. Plummer: Please!
Mr. Monty Trainer: My name is Monty Trainer, Coconut Grove. I've been in
business in Miami in Coconut Grove since 1969. I felt that we should have
gone legally through the City Attorney's office with the help of the City
Manager's office, and we should have been without bidding...but if we do have
to bid, I put my record on the line. I put my investment on the line. I
don't see any ghosts in the wings. If anybody wants to come in and outbid
me and take me out, after I have been there for 14 years and 14 years' worth
of investment, improvements, I see no other way to do it, J.L.
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Mr. Plummer: But Monty, the point that I am trying to make, they cannot
take you out until the year 2007 on this bidding process.
Mr. Trainer: All I ask for in the bidding process....
Mr. Garcia -Pedrosa: Not only that, but you can reject all bids.
Mr. Trainer: ....is that the bidders be serious bidders, they be financially
sound, and they be able to compete with what I am trying to build and what
I have built. You can't take that away from me. We have two separate leases.
We want both those leases merged and go forward from there.
Mr. Carollo: I think also we should look for some guarantee in the form of
a bond whereas it is guaranteed to the City that the bidder is going to be a
serious bidder. In other words, when the year 2000 whatever comes up, that
this guy defaults in whatever he proposed to the City and doesn't go forth
with it. In other words, what I am saying is what you cannot afford to have
here is someone bid just for the sake of knocking this individual or another
individual out. Then when 20 plus years go by, that person doesn't deliver.
So, I guess what I am asking, Mr. City Attorney, I am asking for your legal
opinion of this, can we ask for a substantial amount of monies in a bond to
guarantee that if someone doesn't live up to whatever they proposed to the
City in a bid, that the City is guaranteed a substantial amount of funds from
that individual.
Mr. Garcia -Pedrosa: Commissioner, not only can you do that, but don't forget
that you can reject all bids. So that if you are not satisfied with whoever
the successful bidder might be is going to do that, you don't even have to lease
the property. But, yes, if you do lease the property to them, you can do it
under circumstances that protect the City's interest.
Mr. Carollo: I think that answers my question.
Mayor Ferre: What do you want to do now?
Mr. Carollo: What J.L., I think, is trying to find the best solution, but
based on the legal opinion of the City Attorney, I see no other route than
what the applicant is requesting. I think that his statements speak for
themselves. Bring it out to bid. Let's get the best for the City. I would
find it hard to believe, Mr. Mayor, in all frankness that someone can come
and step in into a situation like has been established there for 14 years,
and bid in something that is going to be 20 some years down the line. We'll
have to see that.
Mayor Ferre: Let me tell you. This all goes back to what Garcia -Pedrosa was
telling us last year when we were talking about this. This Commission should
have paid attention to him and put that language in that you were talking about.
See, but we didn't. At that time, we ended up paying attention to Dan Paul and
to the others who came here on the issue of competitive bidding and we didn't
make any exceptions. Now, with that, therefore, we are now in a situation
where we have to either do something, which in my opinion, I think it doesn't
make much sense, which is to bid something now for the year 2007 or to go
over to referendum on this project, which in my opinion is the best thing to
do. However, I don't want to jeopardizea project as important as this is
to the City of Miami and unless somebody has some strong objections to it on
the Commission or the Manager or the City Attorney, I have to be guided by
the City Attorney's opinion on this. I would be voting on this issue. That's
my opinion. Demetrio, do you want to add anything to that, or J.L.? What
do you want to do then?
Mr. Carollo: Mr. Mayor, I am willing to make the motion to go ahead and put
it out to bid.
Mayor Ferre: All right, there is a motion on the floor that this item be
bid.
Mr. Plummer: You better make that very clear.
Mr. Block: That's for a consolidated bid for the leases.
sl 1-'" O
JUL 18 19$IV.
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C
Mayor Ferre: It has to be on a consolidated bid, I would imagine.
Mr. Carollo: Your whole purpose to come here is to have a consolidated
lease.
Mayor Ferre: You are talking about the leases beyond the year 2007. Now
there is a process by which this thing has to be appraised. Mr. Manager,
you would have to appoint a committee, which I would want to have a final
approval on of people that are beyond reproach in this community as to what
is a fair deal beyond the appraisal. Then we would have to put an R.F.P.
out. Then we would have to take it from there. Mr. City Attorney, is that
the proper, legal procedure?
Mr. Garcia -Pedrosa: Yes, sir.
Mayor Ferre: We have a motion on the floor. Is there a second, as now
defined.
Mr. Plummer: For the purposes of discussion, I'll second the motion. Let's
be very clear on what we are proceeding to do. We are now then going to put
out a proposal. We are going to direct the Administration to prepare R.F.P.
for bidding starting with the year 2007. Somewhere I heard around here an
additional 20. Is that what you are asking for? There is nothing in writing,
so I don't know. What are you asking for at the ultimate end. Is it 21?
Mr. Block: 26 years.
Mr. Plummer: An additional 26, which would take it to the year 2033. You
are also talking about that the bidding procedure would be for the unity of
both premises and including the thing that you had here before ... you show,
whatever that street is.
Mr. Block: Aviation.
Mr. Plummer: Aviation Avenue as part of the proposal. You have to include
that in in the appraisal.
Mr. Block: Yes, sir. And we would like to come back in September, if possible,
because our financial commitments.
Mayor Ferre: You realize that '...I want to tell you right now, so that we
don't get into trouble and misunderstanding. I am going to be guided in my
vote by the recommendations of that business committee that is going to
recommend a minimum standard as to what the minimum acceptable bid is.
Mr. Plummer: Does this motion include this committee?
Mayor Ferre: Otherwise, I ain't voting for it.
Mr. Plummer: Is it my understanding that this committee is one member of
this Commission —each one of the members of this Commission will appoint
one?
Mayor Ferre: No, no, the Manager is going to ... the charter provides how
that is done. The Manager is the guy that appoints the committee. But I'm
just saying that before I sign off the whole thing, I want to make sure that
we have people that are beyond any critizism or reproach so that this com-
munity will feel that the recommendations that will come back to this
Commission....
Mr. Carollo: They crucified him some years ago, Mr. Mayor, the guy you
are looking for.
Mayor Ferre: That may be, but we have to look for people that... Hey! I
haven't seen anybody go for David Weaver and these other people that you
appointed on that committee. And they are not going to. You know why.
That's exactly what I'm trying to tell you. Monty, I want to tell you,
honest to goodness, I have to agree with J.L. on that one. I am going
to vote on this thing, because I don't want to stop progress on this item.
But I really think you are making a major technical error. I'm going to
vote.
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JUL 18 1983
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Mr. Carollo: Mr. Mayor, members of the Commission, the Administration feel
that this project is being threatened. The people.that are representing the
project feel that it is not. What I Suggest is that we just maybe table this
until the 28th. I don't think that it can matter that much to wait a week
and a half and have plenty of time to think that through.
Mr. Trainer: Mr. Mayor, if you and other members of the Commission feel that
we should go to referendum, I've never gone wrong taking your advice yet. If
you say this....
Mr. Plummer: Monty, let me give you my advice.
Mr. Trainer: I'm listening.
Mr. Plummer: As a friend, knowing you for a long time, I want to withdraw my
second. I want you to go home and think about it for one week. I'm ready
to vote right now. I want to tell you that. I'm ready to vote right now.
Mr. Carollo: This is what I have stated, J.L. Let me table this until the
28th. A week's difference is not going to, you know, mean anything in this.
Mayor Ferre: A motion to table, by our rules, does not require a second.
Mr. Carollo: I withdraw my motion. J.L. withdraws his second. I would like
for the City Manager to bring this matter back the 28th and make it the third
item on the agenda.
Mr. Plummer: I tell you what, I'll go along with that. I'll go along with
the tabling. I tell you what I want you to do in that one week period. I
want all of you, I want Monty, Dave, Jimmy Dean, Mr. Gary, Mr. Pedrosa, I
want all of you to sit down and I want you to be able to come back here and
say, look, we have explored every facet of what is being proposed and we
either agree or we disagree. I think this thing has just happened too many
ways, too fast today. I think that it needs a cooling off period that you
fully understand what the consequences of what this action that is being
proposed could be.
Mr. Trainer: We will come back the 28th then.
Mayor Ferre: All right.
Mr. Block: Thank you.
69. AUTHORIZE MANAGER TO EXECUTE AND DELIVER WARRANTY DEED TO SONNAR,
INC. FOR CERTAIN CITY OWNED PROPERTY.
Mayor Ferre: The next item that I have on my calendar is 66, 66 is next.
Ms. Dena Spillman: Item 66 involves a land swap between the City of Miami
and Sonnar Corp. so that we can carry out the Garment Center Redevelopment
Project. I have an attorney here representing the Bank of India, which holds
the mortgages on the property and staff to discuss the issue.
Mayor Ferre: As I understand, the City Manager recommends this.
Mr. Gary: Yes, sir.
Mayor Ferre: Are there any objectors to this item here? Does anybody
object to this? For the record, let's get the attorney record.
�3�
JUL 18 1983
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Ms. Jo Dondoland: I represent the State Bank of India. My name is Joe
Dondoland. I am an attorney here in the State of Florida, representing
the mortgagee. The mortagee has been asked to consent to this swap in
order to help the City of Miami and Sonnar Inc. The mortgagee is willing
to do this.
Mayor Ferre: All right, is there further discussion on item 66? If not,
is there a motion?
Mr. Plummer: Move it.
Mayor Ferre: Is there a second?
Mr. Carollo: This State Bank of India, is it a New York City based bank?
Mayor Ferre: They just happen to have the mortgage. Bank attorney.
Mr. Gary: He wants to know if this is a United States New York based bank.
Mr. Carollo: It's a New York based bank, correct?
Ms. Dondoland: Yes, the State Bank of India is incorporated in State of
New York. It has counsel in New York, but I am its counsel in Florida.
Mr. Carollo: All right, thank you.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 83-621
A RESOLUTION CONFIRMING BY AN AFFIRMATIVE VOTE OF
NOT LESS THAN FOUR/FIFTHS OF THE MEMBERS OF THE CITY
COMMISSION, THE DECISION OF THE CITY Mr.NAGER TO EXECUTE
AND DELIVER A WARRANTY DEED TO SONNAR, INC. FOR CERTAIN
CITY -OWNED PROPERTY AND TO ACCEPT A WARRANTY DEED FOR
CERTAIN PROPERTY OWNED BY SONNAR, INC., SAID PARCELS OF
PROPERTY OWNED BY SONNAR, INC., SAID PARCELS OF PROPERTY
BOTH BEING LOCATED WITHIN ONE BLOCK OF EACH OTHER IN THE
GARMENT CENTER OF THE CITY OF MIAMI; DETERMINING THAT
THE EXCHANGE IS IN THE BEST INTEREST OF THE CITY OF
MIAMI AND ITS CITIZENS, AND FURTHER DISPENSING WITH
THE REQUIREMENT OF COMPETITIVE BIDDING.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Carollo, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
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70. AUTHORIZE EXECUTION OF LEASE AGREEMENT WITH U.S. ARMY CORPS OF
ENGINEERS FOR DEVELOPMENT, OPERATION AND MAINTENANCE OF THE
BAYWALK IN BAYFRONT PARK.
Mayor Ferre: We are now on item 71, Mr. Greer and Kitty Roedel, if she is
still around, and Mr. Manager.
Mr. Gary: We'll make it easy. We are supporting this. They have no problem
with this. This is a requirement of a lease back provision with the Corps of
Engineers so that they can proceed with spending the money....
Mr. Carollo: So move.
Mayor Ferre: There is a motion on item 71, recommended by the Manager. Is
there a second?
Mr. Perez: Second.
Mayor Ferre: Seconded by Demetrio Perez. Mr. Greer, I would not deny you
the right, sir ... you have been here all afternoon. I know you are a busy man.
You have been taken from your schedule. If you want to share with us that
you are for this or whatever you want to say on the record.
Mr. Allan Greer: Allan Greer, on behalf of the Park Committee. We strongly
support this in that it will produce $6,000,000 and get the project underway
and allow us to go out and raise major amount of additional private funding
to support the entire project. We would strongly urge the passage of this.
Mr. Plummer: Mr. Greer, you use the terminology, sir, to get additional
private funding. You tell me, sir, what has been put in the bank from the
private source at this time.
Mr. Greer: Mr. Commissioner, at this moment, I cannot show you the first
dollar. But we are in the Alphonse & Gastince situation where this
$6,000,000 will create the creditiliby which will allow us to raise the money
that is necessary.
Mr. Plummer: I sure hope you are right.
Mr. Greer: We do too, sir.
Mr. Plummer: Because I have been hearing that story now for over two years
and I heard with great enthusiasm some very fine people of this community
who pledged to this Commission of what they were going to be able to do from
the private sector. One question I keep asking: how much is in the bank?
I'm still coming up with the same answer every time.
Mr. Greer: That's a fair question. I think we'll be coming back to you
shortly.
Mr. Plummer: I hope, sir, that all these pillars of the community, who
pledged their full support to raise these private dollars are going to be
around when the day comes that this Commission has to pick up the deficit.
I just hope they are around. I hope they don't have to be, but if they are
needed, I hope they are here.
Mr. Greer: On their behalf, I say we hear you.
Mayor Ferre: Thank you very much.
Mr. Plummer: You have been hearing me for two years.
Mayor Ferre: Call the roll on 71.
134 JUL 1s NO
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The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 83-622
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE A CONTRACT AND A LEASE AGREEMENT, IN SUBSTAN-
TIALLY THE FORM ATTACHED HERETO, WITH THE UNITED STATES
ARMY CORPS OF ENGINEERS, FOR THE DEVELOPMENT, OPERATION,
AND MAINTENANCE OF THE BAYWALK IN BAYFRONT PARK.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
71. PERSONAL APPEARANCE - MR. JOSE MENDEZ, CONCERNING WYNWOOD COM-
MUNITY ECONOMIC DEVELOPMENT PROGRAM, INCLUDING THE INTENT OF THE
CITY COMMISSION TO DECLARE WYNWOOD AN ENTERPRISE ZONE, PENDING
REVIEW BY CITY MANAGER, ETC.
Mayor Ferre: Take up item 51, please, Mendez.
Mr. Jose Mendez: Mayor and Commissioners, my name is Jose Mendez, 85 N.W.
28 Street, City of Miami. I have three small items which will not take more
than five minutes. Number one is a clarification of a letter that I just
received by the Director of the Economic Development, Charlotte Gallogly,
requesting that I reimburse the City of Miami for the sum of $5,021.38. I'm
sure there has been a misunderstanding.
Mr. Plummer: You're foolish.
Mr. Mendez: If you read my material that I have sent to the Commission on
September 30th...I would like to read the last paragraph. The last paragraph
says:
"I am requesting an increase in my current allocation, $50,000
in the amount of $7,900. This requested increase will be utilized
as follows:"
Then I go on describing how that increase will be. At no time I have requested
of this Commission a loan in my program. What I requested was an increase to
the program. So that's item number one.
Mayor Ferre: Let's solve one at a time, if possible. Now, do we have problems
with that, Charlotte? Oh, I'm sorry, Mr. Manager, through you.
Mr. Plummer: Don't worry about it, Jose, we'll take your personal check.
Mayor Ferre: Either it is or it isn't.
Mr. Plummer: What about the 12% interest?
Mr. Gary: Mr. Mayor, that's Jose's letter, but your resolution that was
passed granted him the $5,000 with the provision that it would be paid back,
if he got the State funds.
135 JUL 18 1983
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Mayor Ferre: Well, you got the State funds. Is that it?
Mr. Mendez: Yes, the Mayor, and Charlotte, and Howard, everybody knows that
you cannot borrow from one institution to pay the other. So whether we did
that or not, or whether you did it or not,
Mr. Gary: Mr. Mayor.
Mayor Ferre: I don't know. There are an awful lot of people who do that
around here.
Mr. Gary: Mr. Mayor, I would recommend that you all give him the grant of
$5,000.
Mayor Ferre: Is there a motion, Plummer? Plummer moves.
Mr. Perez: Second.
Mayor Ferre: Perez seconds. Further discussion?
Mr. Plummer: What did Plummer move?
Mayor Ferre: You are moving the recommendation of the City Manager that
we grant him his $5,000. Further discussion? Call the roll.
Mr. Gary: To be deducted off his next grant.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 83-623
A MOTION AUTHORIZING THE CITY MANAGER TO ALLOCATE
THE ADDITIONAL AMOUNT OF $5,000 TO THE WYNWOOD
COMMUNITY ECONOMIC DEVELOPMENT PROGRAM, INC., IN
SUPPORT OF THE AGENCY'S PROGRAM.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Mayor Ferre: Next thing, Mr. Mendez.
Mr. Mendez: Next item, Mayor, for the last two and a half years, I have been
coming to this Commission asking for a piece of land on 30th Street to build
what is known to everyone here in the City of Miami as an emergency housing
program. Somehow the other... Dena has managed to send memos to the agenda
clerk and by the will of somebody....
Mr. Gary: Mr. Mayor, we are waiting for a legal opinion. We will probably
get it next week.
Mayor Ferre: O.K., when we get the legal opinion, we'll bring it up. It
isn't Dena's fault. Don't blame Dena for it.
Mr. Mendez: So I suppose that by September I will have that legal opinion.
Mayor Ferre: You are probably right. What's your third item?
136 J u L 181983
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Mr. Plummer: The day after Mr. Armesto's report on the Strong Mayor.
Mayor Ferre: See, if you had a strong Mayor, you wouldn't have any problem
like that. Would you?
Mr. Plummer: That's what Reboso kept saying.
Mr. Mendez: Well, you have my vote.
Mayor Ferre: You have my vote, O.K.
Mr. Mendez: As a mandate to the State Program....
Mr. Gary: I think I'll rescind that grant of $5,000.
Mayor Ferre: You know what I told Armesto. I'm clear on the record. Go
ahead, come on!
Mr. Mendez: Part of the mandate of the State Program is that we request from
the City of Miami a resolution declaring the Wynwood Community an enterprise
Zone. To that effect I would like to introduce Mr. Fred Santiago, who is
going to make that introduction so we can get the Wynwood Enterprise Zone.
Mayor Ferre: Mr. Fred Santiago. Freddy, we apologize for making you wait
all afternoon.
Mr. Fred Santiago: Thank you, Mr. Mayor and fellow Commissioners. It is
rare that we have an opportunity, like the one that the State Legislature
gave us in 1980, of getting an area, such as Wynnwood, and revitilazing
the area without putting any monies into it ourselves. This is a fantastic
opportunity that the State Legislature gave us in 1980. I have not, to this
date, heard or seen anyone come here before you and ask that a section of the
City or depressed area of the City be declared an Enterprise Zone. This means
that we are requesting that you make a resolution, or whatever is needed, to
declare the Wynwood area an Enterprise Zone, so we can take advantage of this
State Legislature that we have before us.
Mr. Gary: Mr. Mayor, you will have a resolution pretty soon that will
designate all of the C.D.C.s in the depressed zones.
Mayor Ferre: I imagine, then, that you have no objections if Wynwood jumps
the gun.
Mr. Gary: I want to make sure that I review that law so we won't make a
mistake.
Mayor Ferre: This is obviously, at this stage of the game, Howard, it is
a matter of intent, subject to an awful lot of discussion.
Mr. Gary: Intent? Fine.
Mayor Ferre: Is there a motion of intent?
Mr. Plummer: Sure.
Mayor Ferre: Plummer moves.
Mr. Perez: Second.
Mayor Ferre: Perez seconds. Further discussion that Wynwood, after the
Manager reviews and comes back with his final report with the proper legal
documentation, subject to final vote by the Commission, that it is our
intent to declare Wynwood an Enterprise Zone.
Mr. Plummer: If possible.
Mayor Ferre: Further discussion? Call the roll.
137 JUL 18 1983.
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The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 83-624
A MOTION EXPRESSING THE INTENT OF THE CITY COMMISSION
TO DECLARE WYNWOOD AN "ENTERPRISE ZONE" PENDING REVIEW
BY THE CITY MANAGER OF THIS ISSUE, PENDING A REPORT BY
THE MANAGER TO THE CITY COMMISSION, AND SUBJECT TO APPROVAL
BY THE CITY COMMISSION.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
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72. ACCEPT SETTLEMENT AS PROFFERED THIS DATE CONCERNING ONGOING
LITIGATION WITH THE MIAMI DOLPHINS.
Mayor Ferre: All right, D-2 is the next thing that I have. All right, Mr.
Shevin? Where did Mr. Shevin go? All right, Mr. Shevin, we are going to
ask the City Attorney to bring us up to date on these matter and then I want
to say that I had some meetings with Mr. Shevin. I think I met you once,
or twice? Once? I think we have met once and we have talked on the phone
two or three times, and my interest in this whole matter is trying to bring
this to a successful conclusion in a way that the City would not be embarrassed.
I personally don't want to be embarrassed, but if we could settle this, I think
it serves the best purposes of the people of Miami to settle these problems
that we are having with Joe Robbie. Everybody says it is the Dolphins. It
isn't. We are not having any problems with the Dolphins. It is Joe Robbie
that we have problems with.
Mr. Carollo: Mr. Mayor, I...
Mayor Ferre: And now before we get to discussion, I am going to ask that we
start off with the City Attorney, and then Mr. Shevin, and then questions from
the Commission.
Mr. Garcia -Pedrosa: Mr. Mayor, on July the 6th, I rendered to the Commission a
written report which summarizes the events that have taken place since the last
time that you discussed this matter. Without reading what is there stated, I
can summarize it perhaps best as follows: In early June, Mr. Robbie reinstated
the insurance coverage which he had terminated, in my opinion, wrongfully, in
March of 1980 after he had given it to the City between 1977 and 1980. .at
reinstatement, however is temporary and subject to the Court's ruling on the
Declaratory Suit that is pending. In addition to that, and as you know, on
June 15th there was a ruling by the Count on a motion for Summary Judgment,
which held that Mr. Robbie must pay rent for the three games that he did not play
in the Orange Bowl, and a denial of our motion as to the amount of that rent, be-
cause the Court felt that that is a matter that should be heard by a jury, which
according to his instructions, should credit, or give credit for the expenses
that the City would have incurred, but did not incur during those three games.
In addition to that, and very importantly in connection with this Commission's
desire to see that the case move along, we now have a trial period, which is a
two week period eommencing August 1, 1983. Frankly, I had planned, and had my
tickets to be in Atlanta for The American Bar Association meeting, but Mr. Shevin
had some problem with the second week, which is the week that I would have wanted
out of that period and rather than give Mr. Robbie any reason to believe that we
were delaying the case as I believe and have reported to you that they were at
the outset, I agreed to change my plans in order to try the case as early as
August 1, should that be the Court's decision at the calendar call that is
scheduled to take place on July 28th. I have to tell you that there was an
attempt, unsuccessfully, to get the rent issue back in through the back door
at a hearing that took place on June 30th, and the Court denied that, and I have
to report to you also that there have been some - I don't think perhaps the
word "threat" is the best word - but, it is the one that comes to mind, to sue
your City Attorney and your City Manager, even personally for conducting the
City's business in a manner, which I think, has not been not only correct,
factually, but as it turns out, correct legally, at least insofar as the issue
of rental is concerned, and I happy to report, those attempts have also failed.
So, at the moment, what we have is a trial date, August 1; we have temporary
insurance in the sense that it has been given subject to being taken away should
they prevail on the insurance issue and we have a victory on the question of
liability, and a trial on the question of the amount of damages, with respect to
the rent. The third and final aspect of our case, is the matter of the Surety
Bond and there has been no activity on that, to speak of. And as respects to
their counter -claim, it mirrors the same issues that we raised, with the ex-
ception of one, and that is, the allegations made for the first time after the
suit was instituted, that we failed to provide enough ushers, ticket -takers,
and what not. That matter will also be tried on or after August 1st with jury,
the only activity being one of discovery.
139
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Mr. Carollo: Mr. Mayor,
I think the point is....
Mayor Ferre: Wait a minute, Joe, hold on because I... before we get into this,
which we are going to do in a second, I want to make sure now that these two
attorneys have ample opportunity to state their statements before we get into
it.
Mr. Plummer: May I ask a question of our attorney?
Mayor Ferre: Let them have their say first.
Mr. Carollo: That's all I want to do, Mr. Mayor. What I'm hoping we can do
is let Mr. Shevin present the Dolphins' case and see if we can bring this
finally to an end once and for all.
Mayor Ferre: Now, Mr. City Attorney, you made your statement. Now, do you
want to say anything?
Mr. Robert Shevin: Very briefly, I'm not here to argue with Jose. I do
not intend to take exception point by point with what he said. I think
basically he has presented a fair assessment of where we are. The main
point that I would make is that it seems very clear to me that the judge
has done exactly what he mentioned. That is made it clear that we have the
right, we being the Miami Dolphins, have the right to put in evidence of set
off against the $135,000 claimed by the City. I have taken several depositions
in this case. There is ample documentary evidence that out of each $45,000
payment of rent, at least $30,000 goes to these expenses, which leaves the
City a net claim, as I view it of $15,000 per game.
Mayor Ferre: Four games.
Mr. Shevin: Three games is all you are suing us for, because the guarantee
was nine. We played six, pre -season and regular -season. So if you take
three games times 15 that to me looks like a maximum recovery of $45,000.
Against that, we have an additional claim that I think is extremely meritorious.
That is that there was an extra play-off game that never would have occured
but for the strike. It is true that the judge said you don't consider play
off games in coming to your nine. But our claim is a set off based on the
fact that only because of this strike there were three play off games where
ordinarily under the N.F.L./City of Miami contract there can never be more
than two. Why? If you are in the wild card game, you get no other play-off
games. You go on the road if you win. If you lose, you go home. If you are
not a wild card team, you are playing for the divisional championship. So
then you get the divisional championship game. If you win that and have the
best record, you stay at home, which means you get the A.F.C. championship
game. So you either are going to get zero play-off games, one play-off game,
which is the wild card team; one play-off game which is the divisional championship;
or at most two play-off games, which is the divisional championship plus the A.F.C.
championship. We played three this last year, so I think that is a legitimate
set off, which would then, in my view, bring the City's maximum recovery down
to $30,000. We also have claims of set off based upon this ushers, turnstiles,
etc. I don't want to get into all that. All I want to tell you is that I
think you can get a verdict anywhere between zero and $30,000, as I view it.
What the Mayor and I have been discussing is a settelement that I think in
the long run is far more advantageous to the City of Miami than a potential
recovery of zero to $30,000. That is, if I have a moment now, could I get
into that?
Mayor Ferre: Bob, please, yes, but I don't want you to, please... that's
your statement. I don't agree with you necessarily that it is zero to $30,000.
Mr. Shevin: I understand that.
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Mr. Carollo: The maximum, Mr. Mayor, would be $45,000.
Mayor Ferre: I don't agree with that either.
Air. Plummer: No, the maximum would be three times $45,000.
Mr. Shevin: That is not what the judge said.
Mr. Plummer: Well, I'm saying the maximum it could be is three times $45,000.
Mr. Shevin: But that is not what the judge said, sir.
Mr. Plummer: I'm saying the maximum it could be is three times $45,000.
Mr. Shevin: That's right, if you disregard all the set offs. That is
correct. I understand. But I think, Mr. Garcia -Pedrosa properly presented
to you that the judge said that we are entitled to set offs and we are entitled
to present that evidence. So I believe that if a jury disregarded that evidence
and disregarded the instructions of the court that we would get a judgement
notwithstanding verdict and I think it would be overturned by the appellate
court, if that didn't happen. That's my view, based on the judge's strong
statements at the last hearing.
Mayor Ferre: We are not arguing the case from here.
Mr. Shevin: All right, a lot of discovery... this is why I'm here tonight...
an awful lot of depositions have to be taken. We've taken maybe four of
City people, Mr. Joseph Robbie has submitted to deposition last week. Mr.
Michael Robbie was deposed two weeks ago. I was in two depositions this
morning that lasted approximately three hours. There are two tomorrow that
are going to last all day. There are at least 15 to 20 more depositions
set in this case for the next two weeks. I believe that Jose would agree
that if the case is going to settle it would be far more advantageous for
his budget and my client if the case were to settle tonight; far more advanta-
geous than to come back July 28th, after we have spent all of this time,
effort, and money taking discovery which may not be necessary if the case
is going to settle. There is even a deposition set in Chicago. There is
a deposition set elsewhere.
Mayor Ferre: Mr. Shevin, in the interest of time, let's all agree that if
we are going to settle it, the earlier we settle any law suit, the better.
Mr. Shevin: That was my point.
Mayor Ferre: We all agree to that. Now, whether or not we are going to
settle it, that is something else. So let's get to the issue.
Mr. Shevin: All right, my understanding of the surety bond issue is that
is not a critical problem. When I deposed Mr. Carlos Garcia, your Finance
Director, he acknowledged on deposition that the Dolphins advanced $155,000
in August of every year before the very first game, which is ample security
for the City, we believe. He acknowledged that there has never been a
serious problem on payment or a serious discrepancy with regard to concessions.
That's in the deposition. So I don't think that you really have to have a
surety bond. My understanding of my discussions with the Mayor is that would
be dropped out.
Mayor Ferre: Wait a minute now, Bob, again that was a discussion item
between one member of the Commission....
Mr. Shevin: I understand that. I'm not trying to submit it....
Mayor Ferre: In my opinion, I don't think that the surety bond is the main
issue.
Mr. Shevin: I understand that.• If I am mispresenting it, please correct me.
Mayor Ferre: That's my opinion.
sl 141.
,J U L 181983
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Mr. Plummer: Question, is it in the contract presently that you shall provide
it?
Mr. Shevin: No, sir, let me tell you what's there, if I may, please. In
the original contract, the original one with Waldorf Associates, there is
a provision that says simultaneously with the signing of this contract
Waldorf shall post a surety bond of $100,000. It does not say continuing
on with renewals, etc. It is a one-time posting of the surety bond in
paragraph seven of the contract. It is true that other private vendors
have posted it through the years, when they have taken the assignment of
the contract.
Mayor Ferre: Bob, can we get to the main issue? Plummer has to leave in
18 minutes.
Mr. Shevin: I'm answering his question. I'm trying to be as candid as
I can. Insurance, I want to commend Commissioner Perez because he is the
one that brought it to my attention several months ago the great concern of
the City for not having sufficient insurance coverage under the contract.
What we are agreeing to do if this settlement will fly, is we are agreeing
number one, that the rider we put in a month ago will become permanent.
It is not going to be temporary. We will even agree to remove the language
from the lease of June 8, 1977, which the City objects to, which is the
language that says: "provided that we have no responsibility for tort claims
made by individuals who are personally injured because of deficiencies of
the stadium or improper maintenance." We would agree to take that out.
We would agree to keep that insurance binder that we put on I think it was
June 3rd on a permanent basis. We would agree to amend paragraph 21-a of
the contract which now calls for a $250 per person and $1,000,000 per
occurance upward to $500,000 per person and $2,000,000 per occurrence, which
gives you ample insurance coverage for the next four years. You are talking
about four more years that have to run on this lease, '83, '84, '85, and '86
football seasons. You have strike insurance....
Mayor Ferre: We are going up from $250,000 to $500,000 and from $1,000,000
to $2,000,000. Is that right?
Mr. Shevin: That is correct. I have already said that we agree to keep
the present binder in effect on a permanent basis. You have strike insurance.
You have in the depositions I took, I developed the fact that while there
has been some rhetoric about the fact that the strike insurance only covers
concessions in parking, that there has in fact been a claim made by the City
on the strike insurance for the extra game that the Dolphins aren't responsible
for, the fourth game that was missed due to the strike. And coincidentally,
when that claim was made, credits were put in for the expenses that the City
did not incur against that $45,000, which means you are really claiming 15
against the carrier for that other game.
Mayor Ferre: What does that have to do with the settlement?
Mr. Shevin: That has to do with the settlement because what we are saying
is the settlement is not contingent on your recovery of proceeds. You can
easily amend your claim and ask for all four games from the carrier. What
we are offering in the next moment and what we have offered before is not
contingent on whether you collect that insurance or not. We are not asking
for subrogation rights to your carrier, which I think we might otherwise
have a right to ask for. So it has something to do with the settlement.
Mayor Ferre: With regard to the settlement,
Mr. Shevin: O.K., with regard to the settlement, I have to explain this
to you. In 1983 our present year, the only control we have over our schedule
is the pre -season. That has been fixed for about two years. It has been
fixed at this level: one pre -season game at home, three on the road, plus
the eight regular season gives minimum nine under the contract. 1984 has
been fixed for about a year, long before this controversy developed. I
don't want anyone to think that this controversy is what caused the Dolphins
to schedule only one pre -season game at home and three on the road. It did
not. Why have the Dolphins in 183 and '84 decided to play only one
pre -season at home and three on the road or a one plus eight regular season
42 sI
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Mr. Shevin (CON'T): total of nine minimum? Several reasons: fans in Miami
-it's a lot easier to sell them season tickets when they are only buying
nine, rather than ten. Secondly, fans don't support pre -season games in
Miami, like they do elsewhere. So, economically, it has been an economic
decision made two years ago to play only one pre -season game at home and
three away and still meet the nine minimum game requirement of the City
contract in '83 and '84. We cannot change '83 and '84. The third reason
for that, beside the fact that it is easier to sell the tickets, etc., is
that the Dolphins are a very marketable commodity. They can go to Dallas,
and fill a Stadium. They can go to Tampa and fill a stadium. Economically,
it makes sense for the Dolphins to play three of the four pre -season away
from home. So, I can assure you that if the settlement doesn't go through,
and this is not in the vein of a threat, it's just good business judgement,
'85 and '86 are going to be the same way. There is only going to be a
minimum of nine games, which is what the City contract requires. So I
don't want anybody to say that the Dolphins aren't offering something.
We are. We are offering to make certain that there will be a tenth game
in '85 and the tenth game in '86 is part of this settlement. We will agree
to change the contract so that it reads that there will be a tenth game in
'85 and '86. We will agree to change the $405,000 to $450,000 or however
the language needs to be modified so that it is clear that there will be
a tenth game in '85 and '86. And what the Mayor asked for and which we are
willing to offer is that rather than since we do feel that we are entitled
to the set offs, which means that the City, if we didn't play the game we
would probably end up getting only 15 and 15, we are willing to guarantee
a total of 60 if we don't play the games, which is 30 and 30. That's what
we are offering. Now let me just one last point, you get an extra game in
'85 and '86. You are making $100,000 on each game, when you include your
concession revenue, your parking revenue, and your rent revenue. That's
a heck of a lot more, $100,000 per game for two games, than you are going
to get in a law suit in my opinion.
Mayor Ferre: Thank you very much, Mr. Shevin. Into the record and to you,
Mr. Manager and to the City Attorney, let me say that I know that there have
been an awful lot of personal problems for me too, considerations, because of
hard feelings that are involved. Mr. Joe Robbie is not the easiest man
in the world to get along with. As a matter of fact, I particularly find
him the most difficult man that I have had to deal with. I don't think
Mr. Joe Robbie really is involved in this issue because in the long run
what is at stake here is the City of Miami and what is best for the City
of Miami. So I have got to, as hard as it is for me to do, is to just
totally leave out the personalities and the individuals and the issue.
Now, the reason why Mr. Shevin was here at 7:15 rather than earlier today
is because up until just a few hours ago Mr. Robbie did not agree to do
this. He was insisting on settling another way, which was simply not
acceptable to me, because there is no way that Mr. Robbie in this matter
can come out of this in a way that the City doesn't win something too.Now let me
tell you why I will be voting for this, Mr. Manager. In the first place,
there are two items which you haven't covered, Mr. Shevin, but Mr. Manager,
I need to go... let me explain this because we are talking about the Dolphins
and Mr. Robbie and we are trying to get something...I want the Manager to
follow this. Howard, in the first place, the best that we could possibly
do, even if we use the City's figures, Shevin contends that the cost is
$15,000.
Mr. Shevin: The profit.
Mayor Ferre: I mean the profit is $15,000. The cost is $30,000. We
contend the opposite. That the cost, and I would like to get on the record
the statement of the City —I'm sure it is made in depositions, that the
cost is $15,000 and the profit is $30,000. Now the only way we can get to
a $30,000 profit, after what the judge said and our City Attorney has
explained into the record what the judge said is that we save if we hedge
like saying that we can't really put the maintenance of the lawn into the
expense because we have to maintain the lawn anyway whether a game is
played or it isn't played. I don't know whether a jury would ever accept
something like that. So, the fact is that the settlement would be somewhere
in the middle. Under our best scenario, we were talking about $30,000...
is it three games? I always get confused with this.
143
JUL 18 1983
Mr. Shevin: It is three games.
Mayor Ferre: So that is $90,000.
Mr. Gary: How much?
Mayor Ferre: $90,000. Under our scenario the most that we could claim
is $90,000. Under the scenario claimed by Shevin, the most we could get
is $45,000. I'll take the $90,000. Sure, I would rather have the $90,000.
But let me tell you how I think we can get the $90,000. If we get two more
games, there is no question that we will get well over $150,000 because of
the concessions and the fact that we will be making money on beer and other
concessions. I would rather have $150,000 in '84 and '85....
Mr. Shevin: It is '85 and '86, excuse me.
Mayor Ferre: I'm sorry, '85 and '86, than to get a $90,000 settlement
right now which is the maximum that we can get. In addition to that, I
want to say that I wanted for a guarantee. The problem and the reason
why Robbie wouldn't agree until 6:30 was I said if by any chance they
do not play the tenth game in the year '85 and '86, I want $30,000 per
game. That is $60,000. They have to assure, they have to guarantee that
they are going to play....
Mr. Shevin: We changed the contract. We are agreeing to do that.
Mayor Ferre: We are going to change the contract so that instead of saying
that they are going to play a minimum of nine games, they will play a
minimum of ten games. That is part of the contractual obligations that
are going to be amended. In other words, we will get ten games. Now, as
far as I am concerned, those two extra games in the year '85 and '86 are
worth $150,000 to the City of Miami. If they do not, we will get a minimum
of cash payment of $60,000, which to me is satisfactory.
Mr. Gary: Two games, $60,000.
Mayor Ferre: $30,000 per game, if they do not play the tenth game. They
have to contract, change the contract if for any reason it doesn't occur there
is a penalty of $30,000 per game.
Mr. Plummer: If they are telling us that we will make $150,000, why would
the penalty be $30,000?
Mayor Ferre: Because, Plummer, as you know, the contractual obligation
per game is $45,000. But since the judge said that we cannot get the full
payment....
Mr. Plummer: That is not the point, Mr. Mayor.
Mayor Ferre: The point is....
Mr. Shevin: The reason ... may I explain it?
Mayor Ferre: No, no, because I want to explain it, because I'm the one
who went through this process. The reason we don't want to do that is,
why I don't think I want to get that far in the settlement, is because
there is no way that I am going to ask for a settlement of $150,000 when
at best the settlement is $90,000, right now. So, what I'm saying is
I am willing to accept the tenth game as part of the settlement. If they,
by any reason, default on that we end up with $60,000.
Mr. Plummer: But that is the point I am trying to make. They are trying
to sell this Commission on a settlement predicated on an additional game
on '85 and an additional game,on '86 being worth $150,000 to this City per
game. If they are guaranteeing that, why would you let them out in default
for $30,000? That is a fifth of what they are saying it is worth!
s 1 144
JUL 181983
sl
Mayor Ferre: Because the $45,000 has a $15,000 expenditure, which is a
$30,000 net and twice $30,000 is $60,000. The rest of it we make on con-
cessions.
Mr. Plummer: And if they don't play and they go on default, we don't make it.
Mayor Ferre: I understand, yes, then vote against it. My problem is that I
am willing to accept that to settle this thing because I think that is a fair
settlement. There is only one thing you have forgotten. I want to make sure
that we understand that when we settle this, we have settled everything. I
don't want any personal law suits. I don't want law suits on suiting Howard
Gary for what he said or Ferre for what he said, or anybody in the City for
what they said, or any other pending law suits. In other words, the same
thing that we did, I want the same clause as the last time that we had a
fight with Mr. Robbie, we said we would go back to ground zero. No more
law suits. In other words, if we settle this, we settle them all. There
are no pending law suits as of right now between the City and Robbie and
the Dolphins and visa versa.
Mr. Shevin: That is absolutely correct. Let me just add two points. One is
I think you make more than $150,000 on two games, because this morning the
deposition of the concesssions' director of the Dolphins was taken by Jose's
office. He said that on an average game, the City gets $50,000 per game.
On a good game, meaning attendance over say 50,000, the City gets $70,000
per game. So if you get even $50,000 on a pre -season game, plus the rent,
the profit on the rent, which I contend is only $15,000, that takes you to
$65,000. I'm not exactly sure what you make on the parking. But you make
very close to $100,000 per game. What I'm saying is the settlement means
more to the City than $150,000. Also, Mr. Mayor, while I appreciate what
you have said and I very timidly attempt to correct anything you have said,
the documents are so clear as to what the City's profit is, it is not even
open to argument. I mean we have documents that show that the City spends....
Mayor Ferre: Bob, let's not get into....
Mr. Shevin: ....$30,000 per game.
Mayor Ferre: Bob, don't argue your case here. I want to tell you on the
record, so we understand. I don't mean to hurt your feelings or offend you.
I listened to you carefully. I have listened to Jose Garcia -Pedrosa. I
want to tell you I am not a judge. I'm not an attorney. What you both
told me, I have absolutely no doubts in my mind that the City of Miami, if
we go to court, is going to win the case and that it would be our victory.
I have no doubts in my mind that if this is not settled tonight, that we
are going to win in court. I have no doubts. I may be wrong. I think we
are going to win. I want to settle this case because I do not think it is
healthy to have an issue like this pending before us. There is no way that
I think we can have a matter of this nature, this serious, pending before us.
It is just not healthy. I don't want to be a part of it, if we can settle it.
That's the only reason I'm going to vote for it.
Mr. Carollo: Mr. Mayor, I think we are finally coming to the conclusion of
what I have been saying all along we should have done. That is to sit down .
and compromise to work this out. It has been to no one's benefit the way
that this has been handled up to now. I think that number one, the Dolphins
have increased the insurance benefits. That is a plus that we have received,
and a compromise on their part. Number two, the proposal that they have made
for the extra game in '85 and '86 is going to represent to this City more
substantial amount than even if we were to take it to court and win the most
we possibly could. I think that Mr. Shevin and the Mayor have presented this
quite well. So, I think that what we have here now is a situation where both
parties are willing to compromise. I think that while it is a fair compromise
for the Dolphins, it is an excellent compromise for the City of Miami. So,
based on that I am going to make the motion to end this feud once and for all
to get going with a good relationship again with the Dolphins and a winning
football season where I hope to be able to go to Tampa and another championship
game, except this one we are going to'win. So I make the motion, Mr. Mayor.
145
Jul. 181983
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Mayor Ferre: All right, there is a motion on the floor. I want to make sure,
Mr. Carollo, that your motion also includes the settlement there are no pending
law suits and that we are on ground zero.
Mr. Shevin: Yes, Mr. Garcia -Pedrosa was correct. We attempted to put one
in as a counter claim. The judge rejected it, said if you want to file it,
file it as a separate law suit. I've had it lying on my desk. No threats.
I've held it off purposely, to try to get this thing resolved without creating
a further schism and it will get torn up tomorrow morning if this issue is
settled, be assured. It is not in the nature of a threat. It is there, but
I have only...I have told the Mayor it is not going to be filed. I repeat it
here tonight.
Mayor Ferre: That also includes personal law suits.
Mr. Shevin: Yes, sir.
Mayor Ferre: I'm not worried except for myself, I'll make that exception.
I'll tell you, you can tell Mr. Robbie anytime he wants, I'm waiting for him.
Mr. Gary: Mr. Mayor, I would hope that any decision this City Commission....
Mr. Carollo: I tell you, you are ready to take everybody on today. What is
that guy, Reboso?
Mr. Gary: Mr. Mayor, I hope that any decision that this City Commission takes
is not based on the fact that they are trying to protect me from a law suit.
iw
I take the same position that you take.
Mr. Shevin: No, sir.
Mr. Plummer: Is there a motion on the floor? I would like some discussion.
Mr. Carollo: There has been a motion.
Mayor Ferre: We don't have a second at this point.
Mr. Plummer: Well, after, I would like to discuss the item.
Mayor Ferre: There is a motion on the floor. I asked for clarification on
the motion. The motion has been clarified. Is there a second?
Mr. Perez: I second the motion.
Mayor Ferre: All right, now under discussion.
Mr. Carollo: Mr. Gary, under discussion....
Mr. Plummer: Mr. City Attorney....
Mr. Carollo: I'm sorry, J.L.
Mr. Plummer: Go ahead.
Mr. Carollo: Thank you. Mr. Gary, if I may, just so that there won't be
any more hard feelings and a lot of the air can be cleared out, I don't
think there was any intention on your part, and correct me if I'm wrong,
when you referred some time ago to the example that you gave the fleeing
felon of referring in any way that Mr. Robbie was a felon, or comparing him
to a crook or anything of the sort. Am I correct?
Mr. Gary: If you recall, at the meeting it was in response to the Mayor's
comments about our deadly force policy as it related to my letter to the
Miami Dolphins as it related to the contract. Unfortunately, the Miami
Dolphins have sent this letter, throughout the Chamber of Commerce, in terms
of those remarks and my remarks were not addressed to Mr. Robbie, they were
addressed to fleeing money that I was trying to capture.
146
sl JUL 181983
0 0
Mr. Carollo: I just wanted to have that clear for the record. That you did
not refer to Mr. Robbie... or that you did not refer to Mr. Robbie when you
made those remarks.
Mr. Gary: Only the acts of not getting our money.
Mr. Shevin: Thank you.
Mr. Plummer: For the record, I have sat here for 13 years. Never once in
13 years has Mr. Robbie has ever a demand uponthis Commission that he didn't
win, not once. Whatever Robbie wants, Robbie gets.
147
JUL 181988
r,
You know, it is funny, the same conversation that I heard up here some two or
three months ago, still prevails! Mr. Robbie could have compromised, or talked
of a compromise at that time. "No! Absolutely not! City, you are wrong. I
will prove you wrong, and by God, let's go to Court." It was the Mayor's
motion that said "Yes, fine, I accept the challenge. Let's go to Court", and
started talking about eminent domain, of Oakland. How well I remember! Yet,
from what I am hearing this afternoon, that same attitude is prevailing up
until two hours ago! He is going to have it his way. I think the people of
this City have a right to fairness. If we take what Mr. Shevin has said here
this evening, that the City's profit is $15,000, let me draw you some
conclusions. In most all of the franchises that exist between N.F.L. teams
and a stadium, the average rental is 8% to 12%. If we collected the $45,000,
which I think we are due and owed, that is 4%. Mr. Shevin is now telling me
that what our profit is is 1%, with the average across the country is 8% to
12%. I think that this City has a policy, which we established, and we took
Mr. Robbie's challenge. "No compromise, you are wrong!" We took him to
Court, and yes, the Judge has said "City, you were right", and now we come
back to a so-called compromise. I think it is absolutely ridiculous. We are
standing here - I never hard any conversation about '87, because this man has
told this Commission flat out "I'll move my team if you don't build me what
I want". And yet, we talk about an additional game in 185, an additional
game in '86, which, Mr. Shevin has said, is worth approximately $150,000 to
this City. But, if he doesn't do what he agrees to do, we are going to let
him out in $30,000. That is a fifth of what it is supposedly worth to us,
which they are offering us as a bone to grab and take a compromises
Mayor Ferre: $60,000, J. L.!
Mr. Plummer: No, sir, I am sorry! Bob, did you make the statement, $150,000
per game?
Mr. Shevin: No, $100,000 per game; $200,000 for two games, and we are saying
a guarantee of $60,000.
Mr. Plummer: I stand corrected. Okay, $200,000, which the two games are
worth. Are you going to let him off for $60,000? If they are going to guar-
antee those two games, then I think we ought to be guaranteed that amount of
money. I just don't for the life of me understand why there cannot be fair-
ness to the taxpapers of this City who made that stadium possible.
Mayor Ferre: No taxpayer's monies were ever used, J. L., you know that.
Mr. Plummer: Mr. Mayor, you are wrong. Whether you take it from the taxpaper's
money as ad valorem, or through this Florida Power and Light franchise, it was
not your dollars and it was not my dollars.
Mayor Ferre: It was the user's dollars.
Mr. Plummer: No, you are wrong.
Mayor Ferre: Well, that is what Mitchell Wolfson always said and that is what
Ernie Seiler still says.
Mr. Plummer: W:1.1, I will not argue with a man I have great respect for who
cannot come here and defend himself.
Mayor Ferre: Ernie Seiler.
Mr. Plummer: But, let's put it this way. The citizens of this community,
even today....
Mayor Ferre: That's different.
Mr. Plummer:.... through the T.D.C. are putting up money to keep the maintenance
on that place. And if what you want to understand from Mr. Shevin, nine games
at $15,000, does not begin to pay the maintenance. We spent over $450,000 last
year and have done so almost every year in maintnance alone. We put in a
$600,000 new turf, because Mr. Robbie did not like the old one. Where is the
fairness to the people of this community, whose money is involved. I say to
you, the spirit of compromise I am for. I don't like to lock a door so tight
that I can't ever reopen it, but I am not going to accept someone throwing a
JUL 181963
ld
a bone, and say "take it or leave it". I think it is wrong. I think that this
attitude is prevailing. Mr. Gary, I am going to ask you on the record, sir.
What is your recommendation as to this proposed settlement?
Mr. Gary: Go to Court.
Mr. Plummer: Mr. Pedrosa, I am going to ask you, sir. What is your recommen-
dation as to this proposed settlement?
Mr. Garcia -Pedrosa: Well, I won't be so curt, as the Manager.
Mr. Plummer: Take as long as you wish.
Mr. Garcia -Pedrosa: I think there are two issues, Commissioner, that have to
be looked at.
Mr. Plummer: Excuse me. I am going to allow you to take all the time you want,
but at the bottom line sir, my same question is going to require a "yes" or "no"
answer. What is your recommendation? Now, you take all the time you want to
explain it, but I am going to come back to that question.
Mr. Garcia -Pedrosa: I'll be brief.
Mr. Carollo: You know, J. L., let me say this to you and the City Attorney can
answer your question if he so wishes, but the people who run this City, and I
think you are one of the ones that always mentions that —it is not the City
Manager, and not the City Attorney, but us five who sit up here. This is where
the buck stops....
Mr. Plummer: Never question...
Mr. Carollo:....no matter what the City Manager, City Attorney, City Clerk,
the Secretary or Janitor up there thinks how the City should be run.
Mr. Plummer: Mr. Carollo, I have no adverse to that thinking at all.
Mr. Carollo: And I really think it is extremely unfair to try to place any
City employee in the position that you are trying to place him in.
Mayor Ferre: Joe, it is a fair question. I think he is our City Attorney.
This is an important decision! I think he is owed the courtesy of listening
to his recommendation. I think both the Manager's and City Attorney's recommen-
dations are important on this issue. Go ahead.
Mr. Garcia -Pedrosa: The two aspects that have to be analyzed in my opinion, are
these: Number one, strictly as a matter of a piece of litigation, what would be
my view on it, and I think I am competent to comment on that, and I will, Mr.
Vice -Mayor. I will give you a straight answer on that one. The second issue,
Mr. Vice Mayor, is the matter the Mayor brought up, and I don't think I am
really competent as the City Attorney, not as a private citizen - as a private
citizen I am - to comment on that second point, and that is the broader question
of what this case means beyond the fact that it is a piece of litigation. To
answer the first question before you leave, Mr. Vice -Mayor, straight out...
Mr. Plummer: Well, I want to be here to vote on this - I would not dare leave.
Mr. Garcia -Pedrosa: If one were looking at this thing strictly as a piece of
litigation, I think you are giving away more than we already won in Court, and
I've got to be candid with you on that, and I can't recommend that you do that.
Because I am not, and would not to presume to examine the broader question, as
to what the City's benefit on a relationship with this particular team or
individual - and I like the Mayor agree, we have no problem with the Dolphins,
never have had. We have a problem with the owner of the Dolphins, that is a
question that I think is not particularly within my realm of expertise, and it
may well be that looking at that aspect of it, this would be a settlement that
would be in the City's interest. That is something that is really more in your
realm and in the realm of the City Manager, and -I defer to you on that.
Mr. Shevin: One half second,'Mr. Mayor, please.
Mayor Ferre: I will, in a moment.
Mr. Shevin: Okay.
s
I
JUL 181983
ld
Mayor Ferre: Mr. City Manager and Mr. City Attorney, the issue before us is
neither a managerial issue, nor is it a legal issue at this point. I think
you are right, Mr. Garcia -Pedrosa, we have won the legal issue, or at least
we are on our way and I have total confidence that you will win it if you
were allowed to go the final route. Let me tell you what is going to happen
if we do that. What is going to happen is that we are going to have appeals
after appeals and lawsuits. This thing isn't over at the Appellate level.
This thing will go to the Surpreme Court. The newspapers will have headline
after headline. Now, J. L. ...
Mr. Plummer: Excuse me, I was just checking...
Mayor Ferre: Yes, but let me finish my statement, because I want him to
listen to me, and I want him to understand. See, the headlines today was
Tampa and St. Petersburg. Did you see that? You know what is going to
happen? Tampa and St. Pete - one of them is going to get a baseball team.
That is what we ought to be doing! We ought to be building a colisseum and
getting a basketball franchise. We ought to be building a baseball stadium
and getting a baseball team. But, no, not in Miami, see! We spend our
time calling each other names, insulting each other, fighting - illogical,
negative fights. I know Mr. Robbie is not a reasonable guy, but I am not
doing this for Mr. Robbie. I don't like Robbie any more than Plummer does,
but...
Mr. Plummer: Oh, no, no. Don't speak for Plummer!
Mayor Ferre: Now, well you say whatever Robbie wants, Robbie gets. It
isn't what Robbie wants. See, I am not concerned abour Robbie; I am concerned
about the Dolphins, and there is a difference. And I think prudence, and I
would hope that if nothing else characterizes some of these things that we do
around here, I hope prudence is one of those things. Sure, I think we can win
a bigger victory, but so what! If win a bigger victory, what have we won? More
insults and more headlines and more fights. The people of Miami don't give a
damn about what you our I think about Robbie, because they don't think too much
of him themselves, but they do love their Miami Dolphins. And I don't want to
be any part ... right now before the season starts in bringing this whole matter
to further exacerbation, name calling, heat, arguments, vindictiveness - I think
we have got to put all of this behind us. I am sure we will be in Court with
Mr. Robbie again. It is inevitable! We have been there before. We have been
there in the past and we will be there again! I've no doubt about it. I am
sure that we will be in this thing again, but I think it is time, not to grant
Mr. Robbie what he wants, but to settle this thing so that the Dolphins can
play their championship games and be the champions without having this hanging
over all of our collective heads, and so I think this is a fair settlement. It
is not the best; it is not what I would have wanted, but I think it is good
enough for us to walk away with a little bit and a little bit of pride that we
won something, and Bob Shevin, this afternoon, when he kept calling, and kept
pleading to accept something, and I said "Bob, I can't do that! There is no
way that I can accept what Joe Robbie wants, because the City of Miami has got
to walk away with some pride. We've got to win something out of this thing,
and there is no way —now, you may disagree with that, but you see, hopefully
three of us are going to agree that we have come out with some kind of a vic-
tory for the people of Miami and for the Miami Dolphins, so I am ready to vote.
Mr. Plummer: Mr. Mayor, under discussion, it was your motion, sir, who said to
Mr. Robbie that either, sir, this is settled by the 28th, or your contract is
terminated.
Mayor Ferre: That's right.
Mr. Plummer: That was your motion, okay? You know, I want to tell you that I
am in a position now that, as you say it is inevitable that Mr. Robbie will have
us back in Court - I want to save the City Attorney money and time and effort
and tell you that I will vote favorably never again to take Mr. Robbie to Court,
because we are wasting our time.
Mayor Ferre: All right.
Mr. Carollo: I am glad to hear the Mayor made the speech that he did. I think
he is finishing the day in the high road, and to Plummer I say this, that he
that is without sin, let him throw the first rock. In your case, I guess it
would be the first bone.
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JUL 181983
ill
4
Mr. Plummer: So be it!
Mr. Carollo: Think about that for the rest of the day, but I think this City
should feel good, because I think tonight we have progressed tremendously. I
think that we have taken the high road, finally, for this City and we are mov-
ing ahead, and that is the bottom line!
Mayor Ferre: High road again, Joe. We have been taking the high road for a
long time on this one.
Mr. Carollo: Mr. Mayor, there is a motion, there is a second. Hearing no
further discussion, can we have roll call?
Mayor Ferre: Further discussion? All right, call the roll on the motion.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-625
A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO
ENTER INTO A STIPULATION OF SETTLEMENT AND
ORDER OF DISMISSAL IN THE CIRCUIT COURT CASE
OF THE CITY OF MIAMI, PLAINTIFF/COUNTER-
DEFENDANT, VS. JOSEPH ROBBIE, THE SOUTH
FLORIDA SPORTS CORPORATION, AND THE MIAMI
DOLPHINS, LTD., DEFENDANTS/COUNTER-PLAIN-
TIFFS, IN THE COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR DADE COUNTY, FLORIDA, CASE;
NO. 83-4583 (04) BASED UPON THE TERMS AND
CONDITIONS PRESENTED TO THE CITY COMMISSION
ON JULY 18, 1983; INSTRUCTING THE CITY
MANAGER ON BEHALF OF THE; CITY OF MIAMI TO
ENTER INTO A SUPPLEMENTAL AGREEMENT EFFECTIVE
JULY 18, 1983, TO THE AGREEMENT DATED JUNE 8,
1977 BETWEEN THE CITY OF MIAMI AND THE MIAMI
DOLPHINS, LTD., BASED UPON THE TERMS AND
CONDITIONS PRESENTED TO THE CITY COMMISSION
ON JULY 18, 1983; AND AUTHORIZING AND
INSTRUCTING THE CITY MANAGER AND CITY
ATTORNEY TO EXECUTE ALL OTHER DOCUMENTS
NECESSARY TO ACCOMPLISH SAID SETTLEMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: Vice -Mayor J. L. Plummer, Jr.
ABSENT: Commissioner Miller J. Dawkins
ON ROLL CALL:
Mr. Plummer: As always, we have won the battle, but we have always lost the
war. I vote "no".
Mayor Ferre: In casting my vote, let me say that I think this is not a victory
for .Toe Robbie and it is not a victory for the City of Miami. It is a victory
for the Miami Dolphins and for the people of Miami, and I vote "yes".
Mr. Shevin: Thank you, very much.
Mayor Ferre: Wity all the stipulations, Bob? ... and a lot of them. Okay.
151
ld
JUL 181983
73. APPROVE MOST QUALIFIED CONSULTING FIRMS TO PROVIDE PROFESSIONAL
SERVICES FOR RENOVATIONS OF MOORE PARK.
Mayor Ferre: We are on Z-2. It was the last thing. Let's see if we
can get through all these items very quickly now. Let's go. Z-2, isn't
that your item? Come one, quickly.
Mr. Carl Kern: Oh, yes, Carl Kern, City Parks Department.
Mayor Ferre: You have 46 minutes left.
Mr. Kern: Z-2 is the selection of the Moore Park architectural engineering
consultants. We went through a....
Mayor Ferre: What is your recommendation, Mr. Kern?
Mr. Kern: My recommendation is that we start with team number one and go
down the list to.
Mayor Ferre: Name team number one, sir.
Mr. Kern: Let me dig up my list here.
Mr. Gary: You should have it in your added package in a folder as you
requested.
Mayor Ferre: All right, we'll go on to the next item
and we'll come back
to this eventually, if you are not prepared. When you are prepared, you
let me know.
Mr. Kern: Oh, I have it right here. Number one is O'Leary
-Shafer.
Mayor Ferre: O.K.
Mr. Kern: Number two is Al Perez Associates; number
three is Stresau,
Smith and Stresau.
Mayor Ferre: Is there anything else that you want to
add? Mr. Manager,
do you want to add anything else to it?
Mr. Gary: No, sir.
Mayor Ferre: Are you recommending this?
Mr. Gary: Yes, sir.
Mayor Ferre: Is there a motion?
Mr. Carollo: So move.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll.
sl 152 'JUL 18 1983
4 ro
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 83-626
A RESOLUTION APPROVING THE MOST QUALIFIED CONSULTING
FIRMS TO PROVIDE PROFESSIONAL SERVICES FOR THE
RENOVATION OF MOORE PARK: AUTHORIZING THE CITY
MANAGER TO UNDERTAKE NEGOTIATIONS WITH THE MOST
QUALIFIED FIRMS, TO ARRIVE AT A CONTRACT WHICH IS FAIR,
COMPETITIVE, AND REASONABLE, AND DIRECTING THE CITY
MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE
COMMISSION FOR RATIFICATION AND APPROVAL BY THE COM-
MISSION.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
74. AUTHORIZE CITY MANAGER TO EXECUTE INDIVIDUAL CONTRACT OR AGREE-
MENT WITH NINE NEIGHBORH00D ECONOMIC DEVELOPMENT ORGANIZATIONS.
Mayor Ferre: We are now on item 77.
Mr. Gary: Mr Mayor, if I may, please sir, I have you a list.
Mayor Ferre: I know. We are going through the public items where people
are here for. The quicker we go through them, the quicker we can get to
these. Authorizing the Manager to execute individual contractual agree-
ments with nine neighborhood Economic Development Organizations. Mr.
Manager.
Mr. Gary: Mr. Mayor, this proposal hopefully will be supplemented by
another recommendation that I am trying to finance, which basically will
give more support to the C.B.O.s. This is what I talked to you about
on the Jobs Program.
Mayor Ferre: Yes, sir.
Mr. Gary: Which will set up a seed capital fund, as well as additional
monies for administrative costs.
Mr. Carollo: Howard, could this wait until the 28th?
Mr. Gary: No, because they have run out of money.
Mayor Ferre: They are running out of money and they are going to be in
trouble.
sl
153 JUL 18 1983
Mr. Gary: No, they have run out of money.
Mayor Ferre: They have? All right, we have some C.B.O. people here. Do
you want to say anything? Do any of you from any of these...well, you have
been sitting here all afternoon. Are you for this or against it or what?
Mr. Jerry Gleek: I'm Jerry Gleek, Little River Chamber of Commerce, also
Chairman of the Council of C.B.O.s. The nine C.B.O.s mentioned asked me
to tell the Commission that we are in favor of this. We need its passage
tonight because technically we were under contract and funded as of Julv 1.
We are out of funds at this particular time. We would hope that you would
look with favor....
INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD.
Mayor Ferre: Mr. Manager, you are recommending that we move this? Is that
right?
Mr. Gary: Yes, sir.
Mr. Carollo: Move.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Perez seconds. Further discussion? Call the roll on 77.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 83-627
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
INDIVIDUAL CONTRACTUAL AGREEMENTS WITH NINE (9)
NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS,
IN SUBSTANTIALLY THE FORM ATTACHED HERETO, FOR THE
AMOUNTS SPECIFIED FOR EACH, TO CONTINUE IMPLEMENTING
A NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM, WITH
FUNDS ALLOCATED THEREFOR FROM THE NINTH YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
154
sl
JUL 18 1983
75. CONTINUE PUBLIC HEARING DATE FOR DEVELOPMENT ORDER, S.E. 8TH ST.,
BRICKELL AVE., 801-999 BRICKELL AVE., A DEVELOPMENT OF REGIONAL
IMPACT TO 2:30 P.M., JULY 28, 1983.
Mayor Ferre: Take up 78. This is continuing the public hearing for consideration
of issuance of a development order for the S.E. 8th Street, Brickell Avenue
project.
Mr. Gary: What item are we on?
Mr. Carollo: So move.
Mayor Ferre: What is the recommendation of the Administration?
Mr. Carollo: What it says here is to change it to the 28th, right?
Mr. Joe McManus: The recommendation is for approval. All we are establishing
here is a continuation of an advertised public hearing date.
Mayor Ferre: From the 18th.
Mr. McManus: Mr. Mayor, it was originally advertised for July 14th. The
July 14th City Commission meeting was moved to today. We are recommending
that it come before you on July 28th.
Mayor Ferre: O.K.
Mr. Carollo: So move.
Mr. Perez: Second.
Mayor Ferre: It's been moved and seconded. Counsel, do you want to say
something?
Mr. Robert Traurig: No, we concur.
Mr. McManus: Mr. Mayor, could I make one slight correction?
Mayor Ferre: Yes.
Mr. McManus: The time certain in the resolution is 2:30. Could that be
changed to 2:00 o'clock? The notices have gone out.
Mayor Ferre: Yes, that's fine. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 83-628
A RESOLUTION CONTINUING THE PUBLIC HEARING DATE
FOR CONSIDERATION OF ISSUANCE OF A DEVELOPMENT
ORDER FOR THE SE 8TH STREET AND BRICKELL AVENUE
PROJECT, A DEVELOPMENT OF REGIONAL IMPACT, LOCATED
AT APPROXIMATELY 801-999 BRICKELL AVENUE, FROM THE
RECONVENED MEETING OF JULY 18, 1983, TO 2:00 P.M.,
THURSDAY, JULY 28, 1983.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
sl 155 "JUL IS 1983
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
76. PERMIT APPLICANT FOR S.E. 8TH STREET AND BRICKELL AVENUE PROJECT
TO PROCEED TO FILE A FINAL APPLICATION FOR MAJOR USE SPECIAL -
PERPiIT.
Mayor Ferre: We're now on item 79. This is permitting the applicant of
the S.E. 8th Street and Brickell Avenue project to proceed to file a final
application for major use.
Mr. Carollo: So move.
Mr. Gary: To be brought back to a public hearing on July 28th.
Mr. Carollo: With the change that it be changed to 2:00 P.M., instead of
2:30, like we have.
Mayor Ferre: All right, there is a motion on 79. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll on 79.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 83-629
A RESOLUTION PERMITTING THE APPLICANT FOR THE S.E.
8TH STREET AND BRICKELL AVENUE PROJECT, LOCATED AT
APPROXIMATELY 801-999 BRICKELL AVENUE, TO PROCEED
TO FILE A FINAL APPLICATION FOR MAJOR USE SPECIAL
PERMIT WITH THE DIRECTOR OF PLANNING; PROVIDING
CAVEATS; AND ESTABLISHING 2:00 P.M., THURSDAY,
JULY 28, 1983, AS THE PUBLIC HEARING DATE FOR
CONSIDERATION OF THE FINAL APPLICATION FOR MAJOR
USE SPECIAL PERMIT.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
sl 156
JUL 1819W
77. PERMIT APPLICANT FOR THE LINCOLN/11ASHER PROJECT, 701-799
BRICKELL AVENUE TO PROCEED TO FILE A FINAL APPLICATION FOR MAJOR
USE SPECIAL PERMIT WITH THE DIRECTOR OF PLANNING.
Mayor Ferre: Now we have one on item 80.
Mr. Carollo: So move, with the stipulation that it be changed again to
2:00 o'clock.
Mr. Gary: We have a change in that in terms of the date.
Mr. McManus: Mr. Mayor, with the agreement of the applicant, the resolution
calls for the public hearing date to be Thursday, July 28. With the agreement
of the applicant, that's being moved to 2:30 P.M. Thursday, September 22nd.
You can ask Mr. Traurig.
Mayor Ferre: September 22nd is acceptable?
Mr. Robert Traurig: Yes, sir.
Mayor Ferre: All right, did somebody move that?
Mr. Carollo: Move.
Mayor Ferre: Moved by Carollo. Seconded by Perez. Further discussion?
That gets us through this Rosh Hashanah problem that we previously had?
You remember that we had a problem on the 8th?
Mr. Gary: That's on the 8th.
Mayor Ferre: So we're not going to the 22nd.
Mr. Gary: No, what you can do....
Mayor Ferre: See, the Nasher project was advertised to be heard on the
8th. Is that correct?
Mr. Gary: Yes.
Mr. McManus: Yes, sir.
Mayor Ferre: Nobody bothered to look at the calendars around here and
it happens that the 8th is a religious holiday.
Mr. Gary: What you do is on the 7th, when you meet, you continue the
meeting to the next on September....
Mayor Ferre; No, see, the problem is that it's advertised for the 8th,
Howard. We can't do that on the 7th. Legally, you can't do that.
Mr. Gary: I don't know. Let's check with the attorney.
Mr. Bob Clark: You are correct. If the notice said September the 8th,...
Mayor Ferre: We have to meet on the 8th. Follow me, I would have to call
a special Commission meeting at 9:00 o'clock in the morning.
Mr. Gary: Do it.
Mayor Ferre: When is it advertised for?
Mr. McManus: September 8th.
Mr. Gary: What time?
sl 15
JUL 18 1983.
Mayor Ferre: What time is it advertised for?
Mr. McManus: It is advertised for, I believe, 2:30.
Mayor Ferre: I would have to call a special commission meeting at 2:30 and
then continue that hearing until the 22nd. That we can do.
Mr. Gary: That's what you should do.
Mayor Ferre: If three of you are willing to do that, we'll just do it that
way.
Mr. Gary: That's what we should do.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 83-630
A RESOLUTION PERMITTING THE APPLICANT FOR THE LINCOLN/
NASHER PROJECT, LOCATED AT APPROXIMATELY 701-799 BRICKELL
AVENUE, TO PROCEED TO FILE A FINAL APPLICATION FOR MAJOR
USE SPECIAL PERMIT WITH THE DIRECTOR OF PLANNING; PROVIDING
CAVEATS; AND ESTABLISHING 2:30 P.M., THURSDAY, SEPTEMBER 22,
1983, AS THE PUBLIC HEARING DATE FOR CONSIDERATION OF THE
FINAL APPLICATION FOR MAJOR USE SPECIAL PERMIT.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mr. Traurig: Mr. Mayor, could you repeat the time for that?
Mayor Ferre: Look, Bob, the problem is this. The advertising has already
gone out because of the 60 day rule. O.K.?
Mr. Traurig: Yes.
Mayor Ferre: The advertised day was September 8th. Nobody bothered to look
at the calendar. September the 8th is Rosh Hashanah. So we now have had to
change. So we are having the meeting September 7th, but we can't readvertise
because of the time constraint now. So for us not to hold the meeting on the
8th puts this whole project back until November. So the only way to get around
that, we are now meeting on the Commission meeting September 7th. For the
purposes of the advertised meeting of September 8th at 2:30 P.M., three of
us, at least, are going to have to get together and for the purposes of
continuing that public hearing until September 22nd, which is the legal
way of doing it.
Mr. Traurig: Thank you.
158
sl JUL 18 i9$3
78. PERSONAL APPEARANCE - MR. ROBERT TRAURIG IN BRIEF DISCUSSION
OF BAYSIDE R.F.P.'s.
Mr. Traurig: When Mr. Trainer, Mr. Block, and Mr. Dean were here I indicated
to you that I wanted to address you on the relationship between this project
this special center....
Mayor Ferre: Bob, we have 50 things to do. You have to do it real quick.
Mr. Traurig: I would just like to ask the City Attorney a question. I think
that the R.F.P. in connection with Bayside failed to call attention to the
bidders that there would be another City project of a similar type, which
might be competitive to that project. We are very, very pleased with the
City process. We think that the City selection process is outstanding. We
think that my clients, who will be bidders, have a good proposal. I am
concerned that there may be some bidders, who may say after the selection
process has been completed that they weren't advised that the City had another
competitive project, which might affect the economics of their Bayside proposal
for a Bayside project. I would like to ask whether or not the failure to call
attention to this other project might be considered a proper ground for some
bidder in the Bayside Project to challenge the Bayside award, because if so,
I would ask you to do a supplemental R.F.P. on Bayside so that process will be
pure as can be.
Mr. Bob Clark: Mr. Traurig, I don't believe that the City would be obligated
to include that on the R.F.P., as a matter of legality.
Mr. Traurig: Except that they patronage in the economics of Bayside would be
affected by a similar competitive project here in Coconut Grove.
Mr. Gary: Same in New York.
Mr. Traurig: Someone may reach that conclusion. If you are satisfied, then
we are satisfied. I wanted to ask you that.
Mr. Clark: As of right now, there is no legal problem. We will confer with
the City Manager's office. But as of right now I don't believe there is any
legal obligation to include that in the R.F.P.
Mr. Traurig: O.K., we're satisfied.
Mayor Ferre: Bob, I don't mean to berate this Coconut Grove project, because
I think that it is a great project. In my opinion, it is a long way off.
Mr. Traurig: I applaud that project. It's good for the City. I was only
concerned about the Bayside R.F.P.
79. AUTHORIZE CITY MANAGER TO ACCEPT SMALL BUSINESS ADMINISTRATION
PARKS AND RECREATIONAL AREA DEVELOP14ENT PROGRAM GRANT IN THE
AMOUNT OF $198,728.
Mr. Gary: Mr. Mayor, would you look in your folder that I have you that
is entitled "Added Agenda Items". The first is a grant award of approximately
$199,000 from the State Department of Community Affairs, which will give us
money to....
Mayor Ferre: What item is that, sir?
159
61 JUL 18 1983
sl
Mr. Gary: This is in your folder. The reason that it is late, Mr. Mayor, is
we just found out about it. We got this money from the State. It is for
planning and playground improvement projects for our parks.
Mayor Ferre: What do you want? A motion to accept it?
Mr. Gary: Yes, sir.
Mayor Ferre: Is there a motion to accept this from the State, $198,728?
Mr. Carollo: So move.
Mr. Perez: Second.
Mayor Ferre: It's been moved and seconded. Further discussion? Call the
roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 83-631
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
A SMALL BUSINESS ADMINISTRATION PARKS AND RECREATIONAL
AREA DEVELOPMENT PROGRAM GRANT FROM THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS IN THE AMOUNT OF $198,728 FOR PLANTING
AND PLAYGROUND IMPROVEMENT PROJECTS IN CITY PARKS; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROPRIATE
AGREEMENT IMPLEMENTING SAID GRANT.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
80. AUTHORIZE AGREEMENT LITTLE HAVANA DEVELOPMENT AUTHORITY PROFES-
SIONAL SERVICES FOR DEVELOPMENT OF LATIN QUARTER IN THE CITY
OF MIAMI.
Mayor Ferre: We have somebody else who has been waiting and I forgot, item
63, which is also on your packet. This is the Little Havana Development
Authority. The Manager recommends this. Is there a motion?
Mr. Perez: Move.
Mayor Ferre: There is a motion on 63 by Commissioner Perez.
Mr. Carollo: There is a second. At the same time, I think it is in order
to congratulate Mrs. Rodriguez. -who is here on her new Dositinn there. Sn.
there is a motion and there is a second.
160
JUL 18 1983
Mayor Ferre: It's been moved and seconded. Further discussion? Call the
roll on item 63.
The following resolution was introduced by Commissioner Perez,
who moved its adoption:
RESOLUTION NO. 83-632
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
THE ATTACHED AMENDED AGREEMENT BETWEEN THE LITTLE
HAVANA DEVELOPMENT AUTHORITY AND THE CITY OF MIAMI
FOR THE PROFESSIONAL SERVICES OF SAID AUTHORITY IN
THE DEVELOPMENT OF A LATIN QUARTER IN THE CITY OF
MIAMI IN ACCORDANCE WITH THE TERMS AND CONDITIONS
AS SET FORTH THEREIN.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Carollo, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
■ 81. ALLOCATE'$275,000 TO WYNWOOD IN CONNECTION WITH JOB TRAINING
PROGRAM.
Mayor Ferre: Take up item 86, which is also on your list, grant award.
Mr. Gary: Mr. Mayor, this is one that you told us to come back to. This
was regarding Senior Centers of Dade County.
Mayor Ferre: Yes, I realize that. But the problem, you see, is that we
stipulated an expenditure of $275,000 for Wynwood. Their problem is that
we are holding everything up because of this other stuff. Why hold up
Wynwood, when we are ready to go on that? So, why don't we vote on
Wynwood. We already voted on it, so we don't need to vote anymore, do we?
Mr. Carollo: No, we voted on it.
Mr. Gary: No,
Mr. Carollo: It's in your hands now.
Ms. Dena Spillman: They are allocating the money for this particular
organization. That's all we need.
Mayor Ferre: Dena, I'm serious about this, are you satisfied that this
is going to be a good program?
Ms. Spillman: Certainly. We are going to review the proposal. We are
going to monitor it.
Mr. Gary: We are going to make sure it is a good program.
Ms. Spillman: Sure.
sl
161
JUL 181983
Ms. Spillman: So it's the Biscayne/Wynwood Chamber, is that the...?
Unidentified Speaker: Yes, and this is the president, Attorney Ron Fieldstone
is with us.
Mayor Ferre: Mr. Fieldstone, congratulations to you, Reverend. To you
Mendez, I don't want you to get used to winning them all, you know. The
next time you come around with something, you may not win. You can't win
them all, as I told J.L. Plummer.
Mr. Gary: Just vote, Mr. Mayor, allocating the money, just to make it.
Mayor Ferre: There is a motion by Joe Carollo; seconded by Demetrio Perez
on the Wynwood area, $275,000. Further discussion? Call the roll on Wynwood.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 83-633
A RESOLUTION ALLOCATING $275,000 OF COMMUNITY DEVELOPMENT
JOBS PROGRAM FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO.
9631, ADOPTED JUNE 9, 1983, TO THE BISCAYNE-WYNWOOD CHAMBER
OF COMMERCE FOR THE TIME PERIOD COMMENCING OCTOBER 1, 1983
AND ENDING SEPTEMBER 30, 1984; FURTHER AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH SAID AGENCY SUBSTAN-
TIALLY IN ACCORDANCE WITH THE PROPOSAL SUBMITTED BY SAID
AGENCY.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice Mayor J. L. Plummer, Jr.
s1 162
JUL 181963
ld
r82.FIRST READING ORDINANCE: CONCERNING GRANT ENTRANT ASSISTANCE
PROGRAM.
Mayor Ferre: Go ahead, Mr. Manager.
Mr. Gary: If you look at that package again, you will also find another
grant totaling $721,000, approximately for the Entrant Assistance Program.
This is basically. This is basically the one on Staff, which is assists
them in terms of job placement. That is headed up by Cesar Odio. The
other is a manpower...
Mayor Ferre: Let's do one at a time!
Mr. Gary: No, this is all under one grant, Mr. Mayor.
Mayor Ferre: Oh, I see. All right.
Mr. Gary: The other one is a Haitian Placement Program for Haitians, which
the money is now coming to us for H.A.C.A.D.
Mayor Ferre: All right, is there a motion on this ordinance?
Mr. Perez: Yes.
Mayor Ferre: Moved by Demetrio Perez, seconded by Carollo. Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE
FUND ENTITLED: "ENTRANT ASSISTANCE PROGRAM -
1983/1984", AND APPROPRIATING FUNDS FOR ITS
OPERATION IN THE AMOUNT OF $720,993 COMPOSED OF
$675,380 FROM THE STATE OF FLORIDA: DEPARTMENT
OF HEALTH AND REHABILITATIVE SERVICES, $8,000
CARRYOVER FROM THE ENTRANT ASSISTANCE PROGRAM -
1982/83 TRUST AND AGENCY FUND, AND $37,613 FROM
THE FY '83 GENERAL FUND: SPECIAL PROGRAMS AND
ACCOUNTS; CONTINGENT FUND; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Perez and seconded by Commissioner Carollo
and passed on its first reading by title by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
163
,1 U L 1$ 1983
i
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83. ALLOCATE $10,000 TO OVERTOWN BLUE RIBBON COMMITTEE.
Mr. Gary: The next one is up to $10,000 allocation for the Overtown Blue
Ribbon Committee.
Mayor Ferre: All right, Carollo, you want to move that one?
Mr. Carollo: Yes.
Mayor Ferre: Perez seconds. Further discucussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-634
A RESOLUTION ALLOCATING ADDITIONAL FUNDING, NOT TO EXCEED
$10,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND
TO COVER NECESSARY EXPENSES INCURRED BY THE OVERTOWN BLUE
RIBBON COMMITTEE, APPROVED BY THE CITY MANAGER.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
84. FIRST READING ORDINANCE: CONCERNING CABLE TELEVISION.
Mr. Gary: The next one is appropriation of $50,000, Mr. Mayor, for Cable T.V.,
legislative effort to fight or to try to stall or reverse the Senate passed
Cable T.V. ordinance.
Mayor Ferre: That is very important.
Mr. Carollo: What number is this, now?
Mayor Ferre: This is a pocket item in this packet which deals with Cable T.V.
in 98th Congress, and Sue Smoller and our lawyers are working to try to stop
Senate Bill Number 1, which is the killer bill on Cable T. V.
Mr. Gary: We are talking about millions.
Mayor Ferre: Millions of dollars. This is on an ordinance basis. Is there a
motion on this ordinance?
Mr. Carollo: So moved.
164 JUL 18 19003
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41
Mr. Perez: Second.
Mayor Ferre: Read the ordinance.
Mr. Clark: This is an emergency ordinance.
Mayor Ferre: You can't make it an emergency, sir, because you only got three
votes.
Mr. Clark: All right.
Mayor Ferre: You know that, so just make it a regular ordinance, and the rest
of it, you will have to take the next reading on the 28th. It is not an
emergency, but a regular ordinance. Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "CABLE TV LEGISLATIVE EFFORT - 98TH CONGRESS";
APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT OF
$50,000, FROM REVENUES THEREFORE AVAILABLE FROM CABLE TV
LICENSE FEES FOR THE PURPOSE OF ADVISING LEGISLATORS OF THE
CITY'S POSITION REGARDING PROPOSED FEDERAL LEGISLATION
AFFECTING CABLE TELEVISION AND THE CITY'S REGULATION
THEREOF; AND AUTHORIZING THE CITY MANAGER AND THE CITY
ATTORNEY TO EXECUTE AGREEMENTS FOR PROFESSIONAL SERVICES
AS NEED TO CARRY OUT THIS PURPOSE: CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
Mayor Ferre: Now, Sue, I want to understand this, this isn't going to
Mark Israel, it is just going through Mark Israel?
Ms.Sue Smoller: There will be $7,000 going to Mark Israel.
Mayor Ferre: Fine. He is worth it, but I mean, the rest of it is for other
lawyers and all of that.
Ms. Smoller: the rest of it is for other purposes, and one thing I would
like you to know - taking a leadership role, the Commission going to
Washington is going to be very important.
Mayor Ferre: I will be there, as I remember, next Friday.
Ms.Smoller: Yes, we will talk about that.
Mayor Ferre: All right, Mr. Manager, anything else?
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JUL 181983
4
85. CONFIRM ASSESSMENT ROLL FOR ALLAPATTAH SANITARY SEWER IMPROVEMENT
SR-5433-C.
Mr. Gary: Agenda Item 2"A", Public Hearings.
Mayor Ferre: All right, on the Public Hearing, on 2"A", is there anybody
who wishes to Item 2"A"? All right, is there a motion on the Allapattah
Sanitary Sewer Improvement?
Mr. Carollo: So moved.
Mayor Ferre: Moved by Carollo. Second by Perez. Further discussion on
Item Number 2-A. This is the Allapattah Sanitary Sewer Improvement District
SR-5433-C, Centerline Sewer..
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-635
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF
ALLAPATTAH SANITARY SEWER IMPROVEMENT IN ALLAPATTAH SANITARY
SEWER IMPROVEMENT IN ALLAPATTAH SANITARY SEWER IMPROVEMENT
DISTRICT SR-5433-C (CENTERLINE SEWER); AND REMOVING ALL
PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
86. CONFIRM ORDERING RESOLUTION: AUTHORIZE CITY CLERK TO ADVERTISE
FOR SEALED BIDS ALLAPATTAH INDUSTRIAL AREA HIGHWAY IMPROVEMENT
DISTRICT - PHASE I, H-4485.
Mayor Ferre: Agenda Item 2"B", which is authorizing the Clerk to Advertise
for sealed bids on Number 83-306. Does anybody wish to speak on this
Public Hearing. Hearing none, is there a motion?
Mr. Perez: Moved.
Mayor Ferre: Moved by Perez, seconded by Carollo. Further discussion on 2"B"?
Call the roll.
J U L 18 1988
ld
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 83-636
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 83-306 AND
AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR
THE CONSTRUCTION OF ALLAPATTAH INDUSTRIAL AREA HIGHWAY
IMPROVEMENT - PHASE I IN ALLAPATTAH INDUSTRIAL AREA HIGHWAY
IMPROVEnENT DISTRICT - PHASE I, H-4485.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
87. CONFIRM ORDERING RESOLUTION: AUTHORIZE CITY CLERK TO ADVERTISE
FOR SEALED BIDS CITY WIDE SANITARY SEWER IMPROVEMENT ALLAPATTAH
INDUSTRIAL AREA DISTRICT SR-5497-C.
Mayor Ferre: Take up Item Number 3, confirming the resolution 83-497,
authorizing the Clerk to advertise for sealed bids on City Wide...
Mr. Carollo: Moved.
Mayor Ferre: Moved by Carollo.
Mr. Perez: Seconded bt, perez. F»rthPr discussion on Item 3. Does anvbodv
here wish to speak on this item as a Public Hearinq? If not, call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-637
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 83-497
AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED
BIDS FOR THE CONSTRUCTION OF THE CITY-WIDE SANITARY
SEWER IMPROVEMENT - ALLAPATTAH INDUSTRIAL AREA IN CITY-
WIDE SANITARY SEWER IMPROVEMENT ALLAPATTAH INDUSTRIAL
AREA DISTRICT SR-5497-C (CENTERLINE SEWER).
(Here follows body of resolution, omitted here and
on file in the Office of the Citv Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins J U L 18 1983
Vice -Mayor J. L. Plummer, Jr. 167
46
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88. AUTHORIZE CITY MANAGER TO ADVERTISE REQUEST FOR PROPOSALS,
DEPOSIT OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
Mr. Gary, Mr. Mayor, go to Item Number 75, please, sir.
Mayor Ferre: Take up Agenda Item Number 75.
Mr. Gary: Yes, this the rehabilitation loan fund that we want to go out
for bids for, for banks to bid on the program. It is city-wide.
Mr. Carollo: So moved.
Mayor Ferre: Moved by Carollo.
Mr. Perez: Second.
Mayor Ferre: Second by Perez. Further discussion on Item 75? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-636
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ADVERTISE A
REQUEST FOR PROPOSALS FOR THE DEPOSIT OF COMMUNITY DEVELOP-
MENT BLOCK GRANT FUNDS RECEIVED PURSUANT TO A LUMP -SUM
DRAW -DOWN AGREEMENT FOR CITY USE OF ALLOCATED REHABILITATION
FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
NOTE FOR THE RECORD: Agenda Items 5 & 6 only were deferred because they
require a 4/5 VOTE.
-----------------------------------------------------------------------------
AL 181983
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89. ACCEPT COMPLETED WORK - KIRKLAND SANITARY SEWER IMPROVEMENT
SR-5478-C.
Mayor Ferre: Agenda Item Number 8 - this is accepting a completed work by
Roenca.
Mr. Carollo: Moved.
Mayor Ferre: Moved by Carollo.
Mr. Perez: Second by Perez. Further discussion? Call the roll on 8.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-639
A RESOLUTION ACCEPTING THE COMPLETED WORK OF ROENCA CORP-
PORATION, AT A TOTAL COST OF $1,377,662.56 FOR KIRKLAND
SANITARY SEWER IMPROVEMENT IN KIRKLAND SANITARY SEWER
IMPROVEMENT DISTRICT SR-5478-C (CENTERLINE SEWER); AND
AUTHORIZING A FINAL PAYMENT OF $135,093.93.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
90. ACCEPT COMPLETED WORK - WEST 57TH AVENUE SANITARY SEWER IMPROVE-
MENT SR-5469-C&S.
Mayor Ferre: Take up Agenda Item Number 7, accepting the completed works of
Delta Engineering Contracting Corporation and Delta Plumbing. Is there a
motion?
Mr. Carollo: Moved.
Mr. Perez: Second.
Mayor Ferre: Moved by Carollo, seconded by Perez.
the roll.
169
Further discussion? Call
Jul. 181983
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The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-640
A RESOLUTION ACCEPTING THE COMPLETED WORK OF DELTA ENGINEERING
CONTRACTING CORPORATION AND DELTA PLUMBING CORPORATION, AN
OPEN JOINT VENTURE, AT A TOTAL COST OF $200,058.40 FOR
CITY WIDE - WEST 57 AVENUE - SANITARY SEWER IMPROVEMENT IN
CITY WIDE - WEST 57 AVENUE - SANITARY SEWER IMPROVEMENT
DISTRICT SR-5469-C&S (CENTERLINE AND SIDELINE SEWERS);
AND AUTHORIZING A FINAL PAYMENT OF $20,005.84.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
91. FIRST READING ORDINANCE - AMEND ANNUAL APPROPRIATIONS ORDINANCE
BY INCREASING THE APPROPRIATION FOR ENTERPRISE FUND TO PURCHASE
TURNSTILES FOR THE ORANGE BOWL STADIUM.
Mr. Gary: Mr. Mayor, please read Agenda Item Number 10 on First Reading.
This is the turnstiles for Orange Bowl.
Mr. Carollo: Move it on 10.
Mayor Ferre: All right, there is a motion by Carollo on 10. Second by Perez.
Further discussion? Read the ordinance on First Reading only.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 1 and 6 OF
ORDINANCE NO. 95029 ADOPTED SEPTEMBER 23,
19829 THE ANNUAL APPROPRIATIONS ORDINANCE
FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
1983, AS AMENDED, BY INCREASING THE
APPROPRIATION FOR THE ENTERPRISE FUND IN
THE AMOUNT OF $660487 FOR ORANGE BOWL
STADIUM, AND BY INCREASING ENTERPRISE
FUND REVENUE IN THE SAME AMOUNT FROM
ADDITIONAL REVENUES EARNED IN FISCAL YEAR
1982-83 FOR THE PURPOSE OF PURCHASING 75
TURNSTILES FOR INSTALLATION BEFORE THE
FIRST 1983 SEASON FOOTBALL GAME;
PROVIDING THAT THE CITY BE REIMBURSED
FROM THE DADE COUNTY RESORT TAX FOR THE
PURCHASE OF SAID TURNSTILES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
170
JUL 181983
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AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
92. SECOND READING ORDINANCE - AMEND CAPITAL APPROPRIATIONS
ORDINANCE, COMPUTER ASSISTED DESIGN AND DRAFTING SYSTEM.
Mayor Ferre: Take up Agenda Item Number 17.
Mr. Carollo: Moved.
Mayor Ferre: All right, Item 17 has been moved by Carollo on Second Reading.
It has been seconded by Perez. Further discussion. Anybody here wish to speak
on this? Hearing none, read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SECTION 1 OF
ORDINANCE 9534, ADOPTED DECEMBER 9,
1982, THE CAPITAL IMPROVEMENT
APPROPRIATION ORDINANCE FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1983,
BY APPROPRIATING AN AMOUNT OF $84,000
FROM FUND BALANCE TO ESTABLISH COM-
PUTER ASSISTED DESIGN AND DRAFTING
SYSTEM AS PROJECT II.C. 9. IN THE 1970
AND 1980 HIGHWAY GENERAL OBLIGATION
BOND FUND; AND BY APPROPRIATING AN
AMOUNT OF $99,900 FROM FUND BALANCE
TO ESTABLISH COMPUTER ASSISTED DESIGN
AND DRAFTING SYSTEM AS PROJECT IV.C.3.
IN THE 1975, 1976, AND 1980 SANITARY
SEWER GENERAL OBLIGATION BOND FUND;
AND BY APPROPRIATING AN AMOUNT OF
$43,100 FROM FUND BALANCE TO ESTABLISH
COMPUTER ASSISTED DESIGN AND DRAFTING
SYSTEM AS PROJECT V.C. 10. IN THE 1970
AND 1978 STORM SEWER GENERAL OBLIGATION
BOND FUND; AND BY CORRECTING CERTAIN
SCRIVENER'S ERRORS OCCURRING IN AMEND-
MENT NO. 1 (ORDINANCE 9588) TO THIS
ORDINANCE NO. 9534; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE
Passed on its first reading by title at the meeting of June 9, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Carollo, seconded by Commissioner Perez,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
171 JUL 18 1983
M.
46 01
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9652
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.
93. SECOND READING ORDINANCE - AMEND SECTION 31-28 OF THE CODE,
ADDING CERTAIN REQUIREMENTS FOR APPLICATION AND RENEWAL PRO-
CEDURE FOR CITY OF MIAMI OCCUPATIONAL LICENSES.
Mayor Ferre: Take up Agenda Item Number 18. This is adding certain requirements
to the application and renewal process, City of Miami occupational licenses.
This is on Second Reading.
Mr. Perez: Moved.
Mayor Ferre: Moved by Perez, seconded by Carollo. Further discussion? Read
the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SECTION 31-28 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, BY ADDING CERTAIN REQUIREMENTS
TO THE APPLICATION AND RENEWAL PROCEDURE FOR CITY OF MIAMI
OCCUPATIONAL LICENSES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 9, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Perez, seconded by Commissioner Carollo,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9653.
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.
1'72
JUL 18 1983
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94. SECOND READING ORDINANCE - AMEND SECTION 18-51.4 OF THE CODE
ENTITLED STOCK REPORTS AND AVAILABILITY".
Mayor Ferre: All right, take up Agenda Item Number 19. This is an ordinance on
Second Reading - stock reports and availability, providing for authorized sale
of surplus city personal property, including vehicles and equipment, and so on,
on Second Reading. Is there a motion.
Mr. Carollo: If I may ... is this Number 19?
Mayor Ferre: Yes.
Mr. Carollo: What we have is surplus city personal property, including vehicles
and equipment? Can we send, Mr. Mayor, a special notice to the President of the
Congress of E1 Salvador, Roberto D'Aubisson, and make him aware that this is
available?
Mayor Ferre: Sure.
Mr. Gary: Okay, now, you put a caveat on that.
Mr. Carollo: Well, I was just thinking, make him aware that it is available.
Mayor Ferre: That is secondary and I will recognize you for that motion as
soon as we vote on this ordinance.
Mr. Carollo: Okay, I so move the ordinance.
Mayor Ferre: It has been moved by Carollo...
Mr. Gary: We have &lready done it.
Mayor Ferre: Moved by Carollo, sesonded by Perez. Further discussion? Call
the roll.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SECTION 18-51.4 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STOCK REPORTS AND
AVAILABILITY", BY PROVIDING FOR THE AUTHORIZED SALE OF SURPLUS
CITY PERSONAL PROPERTY, INCLUDING VEHICLES AND EQUIPMENT, TO
ANY MUNICIPALITY OF A FRIENDLY FOREIGN COUNTRY AND PRESCRIBING
CERTAIN PROCEDURES AND CRITERIA FOR SUCH SALE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 9, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Carollo, seconded by Commissioner Perez,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9654.
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.
1'73
ld JUL 181983
95. CITY COMMISSION GOING ON RECORD AND INSTRUCTING CITY CLERK TO
ADVISE THE HEAD OF THE CONSTITUTIONAL ASSEMBLY OF SAN SALVA-
DOR, EL SALVADOR OF THE AVAILABILITY OF CITY SURPLUS EQUIP-
MENT.
Mr. Carollo: Mr. Mayor, since you suggested this should be made in the form
of a motion, I will make a motion that this City Commission goes on record
on informing the head of the Senate of E1 Salvador, Roberto D'Aubisson, that
we have the items described here available, so that they could be made aware
of this, since they are in great need of some of these items that are surplus
for us.
Mayor Ferre: And send a copy of this to the Mayor of San Salvador. Okay,
there is a motion.
Mr. Perez: I would like to send to all of the municipalities of E1 Salvador.
Mayor Ferre: Let's just do San Salvador.
Mr. Perez: Huh?
Mayor Ferre: Let's just do San Salvador. You start getting into all of those
municipalities.. That is why he is doing it to the Chairman of the...
Mr. Carollo: That is what I said. I think if we send it to the head of the
Senate, that should be sufficient, because he could inform all of the other
municipalities.
Mayor Ferre: It is called the Constitutional Assembly.
Mr. Carollo: Right.
Mayor Ferre: Roberto D'Aubisson, President of the Constitutional Assembly.
Mr. Carollo: Right.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION NO. 83-641
A MOTION OF THE CITY COMMISSION GOING ON RECORD AND DECLARING
THE AVAILABILITY OF SURPLUS CITY EQUIPMENT: FURTHER DIRECTING
THE CITY CLERK TO ADVISE THE PRESIDENT OF THE CONSTITUTIONAL
ASSEMBLY OF SAN SALVADOR, EL SALVADOR - MR. ROBERTO D'AUBISSON,
SO THAT THEY MAY BE AWARE OF THE AVAILABILITY OF THESE ITEMS.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
174
J U L 18 1983
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96. SECOND READING ORDINANCE - AMEND SECTION 1 OF THE SUMMARY GRANT
APPROPRIATIONS ORDINANCE BY ESTABLISHING A NEW TRUST AND AGENCY
FUND ENTITLED "COMMUNITY DEVELOPMENT COUNTY SUPPLEMENT FY
82-83".
Mayor Ferre: Agenda Item Number 20 - is there a motion on 20?
Mr. Gary: It is using money from Dade County for Miami Capital and Model
City's tennis team at...
Mayor Ferre: Perez moves. Carollo, are you seconding 20?
Mr. Carollo: Yes, I am.
Mayor Ferre: Further discussion? Read the ordinance?
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719 ADOPTED
OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE,
AS AMENDED, BY ESTABLISHING A NEW TRUST AND AGENCY FUND EN-
TITLED: "COMMUNITY DEVELOPMENT COUNTY SUPPLEMENT (FY '82-83)";
AND APPROPRIATING $104,834 FOR THE EXECUTION OF SAME: CON-
TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 9, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Perez, seconded by Commissioner Carollo,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9655.
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.
175
JUL 1 81983
97. SECOND RE'%NG ORDINANCE - AMEND THE APPRO;#WATIONS ORDINANCE
FOR FY 82-�3 FOR ADDITIONAL FIRE RESCUE EQUIPMENT.
Mayor Ferre: Take up Agenda Item Number 21, Second Reading. Moved by
Carollo. Seconded by Perez. Further discussion? Read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9534,
ADOPTED DECEMBER 9, 1982, THE CAPITAL IMPROVEMENT
APPROPRIATION ORDINANCE FOR FISCAL YEAR ENDING
SEPTEMBER 30, 1983; BY APPROPRIATING FROM THE 1981
FIREFIGHTING, FIRE PREVENTION AND RESCUE FACILITIES
BOND FUND ANTICIPATED BOND SALES AN AMOUNT OF
$195,000 TO ITEM III.B.2. RESCUE SERVICE APPARATUS
AND EQUIPMENT, AN AMOUNT OF $500,000 TO ITEM III.B.3.
FIRE APPARATUS ACQUISITION, REPLACEMENTS AND MODIFICA-
TIONS, AN AMOUNT OF $100,000 TO ITEM III.B.4. HOSE
TOWERS, FIRE PREVENTION VEHICLES, FIRE PUMPS AND OTHER
FIRE EQUIPMENT, AN AMOUNT OF $1,940,000 TO ITEM III.B.5.
COMPUTER AIDED DISPATCH SYSTEM, AN AMOUNT OF $500,000
TO ITEM XVII.B.1. FIRE GARAGE AND STATION #3 MODIFICA-
TION AND EXPANSION, AN AMOUNT OF $100,000 TO ITEM
XVII.B.2. RENOVATION; OF FIRE STATIONS #1, #2, #5, AND
#8 AND MODIFYING SAID PRO`7DCI' TO INCZUDE FIRE STATION
#6, AND ESTABLISHING PRa= XVII.B.3. PROTECTIVE
BREATHING APPARATUS IN THE AMOUNT OF $300,000, AND
ESTABLISHING PRCaJEC`T XVII.B.4. NEW FIRE STATION #10
IN THE AMOUNT OF $2,500,000, AND ESTABLISHING PRW=
XVII.B.5. EXPANSION OF FIRE ALARM OFFICE IN THE AMOUNT
OF $210,000, AND ESTABLISHING PRQ7DC'T XVII.B.6. TRAFFIC
LIGHT CONTROL SYSTEM IN THE AMOUNT OF $350,000; CON-
TAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 9, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Carollo, seconded by Commissioner Perez,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9656.
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.
176
JUL 18 1983
98. SECOND READING ORDINANCE - AUTHORIZE TWO ADDITIONAL POSITIONS
OF ASSISTANT CITY ATTORNEY.
Mayor Ferre: Take up Agenda Item Number 23.
Mr. Carollo: So moved.
Mayor Ferre: Moved by Carollo.
Mr. Perez: Second.
Mayor Ferre: Second by Perez. Further discussion? Read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AUTHORIZING TWO ADDITIONAL POSITIONS OF
ASSISTANT CITY ATTORNEY.
Passed on its first reading by title at the meeting of June 9, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Carollo, seconded by Commissioner Perez,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9657.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
NOTE FOR THE RECORD: Agenda Item Number 24 was deferred.
1'7"7
JUL 18 1983
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99. FIRST READING ORDINANCE - ESTABLISH SPECIAL REVENUE FUND
"RECREATION FOR THE MENTALLY RETARDED - 8TH YEAR".
Mayor Ferre: Take up Agenda Item Number 27.
Mr. Gary: That is a grant for the mentally retarded.
Mayor Ferre: Carollo moves, Demetrio Perez seconds Item 27. Further
discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED:
"RECREATION FOR THE MENTALLY RETARDED (8TH YEAR)" AND
APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT OF
$156,748.00 COMPOSED OF $131,748.00 FROM THE STATE OF
FLORIDA; DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
AND $25,000 FROM FISCAL YEAR 1982 - 183 SPECIAL PROGRAMS
AND ACCOUNTS; MATCHING FUNDS FOR GRANTS, TO CONTINUE
OPERATION OF SAME; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner DemPtrio.Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
100. FIRST READING ORDINANCE - AMEND SUMMARY GRANT APPROPRIATIONS
ORDINANCE TO INCREASE APPROPRIATION TO "ENTRANT ASSISTANT
PROGRAM 1982-83".
Mr. Gary: Agenda Item Number 28 is another grant, Mr. Mayor.
Mayor Ferre: Carollo moves. Perez seconds. Further discussion? Read the
ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719,
ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIA-
TIONS ORDINANCE, AS AMENDED; BY INCREASING THE APPROPRIA-
TION TO THE TRUST AND AGENCY FUND ENTITLED: "ENTRANT
ASSISTANCE PROGRAM - 1982/83" BY $18,257 TO BE RECEIVED
FROM THE STATE OF FLORIDA; DEPARTMENT OF HEALTH AND RE-
HABILITATIVE SERVICES, TO CONTINUE THE PROGRAM THROUGH
JUNE 30, 1983; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
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AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
101. FIRST READING ORDINANCE - AMEND SUMMARY GRANT APPROPRIATIONS
ORDINANCE "SUMMER FOOD SERVICE PROGRAM FOR CHILDREN - 1983"
Mr. Gary: Agenda Item Number 29 is another grant - Summer Food Program.
Mayor Ferre: Carollo moves. Perez seconds. Further discussion? Read the
ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719,
AS AMENDED, BY INCREASING THE APPROPRIATION FOR THE
TRUST AND AGENCY FUND ENTITLED: "SUMMER FOOD SERVICE
PROGRAM FOR CHILDREN - 1983" BY $116,468 WITH REVENUES
TO BE RECEIVED FROM THE UNITED STATES DEPARTMENT OF
AGRICULTURE THROUGH THE FLORIDA DEPARTMENT OF EDUCATION;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
179
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102. FIRST READING ORDINANCE - AMEND CHAPTER 14 OF THE CODE "DOWNTOWN
DEVELOPMENT", INCREASE MEMBERSHIP OF BOARD.
Mayor Ferre: On the basis that this is only First Reading, I am going to go
ahead and do Agenda Item Number 31 anyway, unless anybody has any objections
to it.
Mr. Gary: We have to make a change on that.
Mayor Ferre: Well, do it on Second Reading.
Mr. Gary: Okay, fine.
Mayor Ferre: All right, Carollo moves. Perez seconds. Further discussion
on 31? And to my colleague Miller Dawkins, you will have plenty of oppor-
tunity at the Second Reading to talk on this issue, so read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, ENTITLED: "DOWNTOWN DEVELOPMENT," BY
AMENDING DIVISION 2 ENTITLED, "DOWNTOWN DEVELOPMENT AUTHORITY,"
OF ARTICLE II THEREOF, ENTITLED "DOWNTOWN DISTRICT," BY AMENDING
SUBSECTIONS (a) AND (c) OF SECTION 14-26, OF SAID DIVISIONS, TO
PROVIDE FOR AN INCREASE IN THE MEMBERSHIP OF THE DOWNTOWN DEVELOP-
MENT BOARD FROM FIFTEEN TO SEVENTEEN MEMBERS AND THE SETTING OF THE
TERMS OF OFFICE OF SAID MEMBERS: CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Comissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
Mayor Ferre: Howard, what other changes do we need to make here?
Mr. Gary: You have to change the interest rate from 10% to 6%.
Mayor Ferre: No, that has nothing to do with it. All we are doing is increas-
ing the size Board from fifteen to seventeen members. This has nothing to do
with it.
Mr. Gary: Oh, excuse me. Yes, sorry about that.
J U L 18 1983
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Ok
103. FIRST READING ORDINANCE - AMEND CHAPTER 42 OF THE CODE "TOWING
OF MOTOR VEHICLES".
Mr. Gary: The next one we need on First Reading, Mr. Mayor. We've got a
serious problem.
Mayor Ferre: Agenda Item Number 32, right?
Mr. Gary: Regulating the towing of motor vehicles.
Mayor Ferre: Someone want to move that?
Mr. Gary: You have got a chance to makes changes at Second Reading.
Mr. Carollo: This is involved with the citizen's enterprise and involves
towing?
Mr. Gary: Yes, but doesn't set the rates. What this does, it deals with
towing on private property, which is getting out of hand, now. The State
Attorney is asking us to do this.
Mr. Carollo: In other words, prohibiting them from towing from private
property.
Mr. Gary: Unless they get permission from the owner.
Mr. Carollo: From the owner of the private property.
Mr. Gary: Exactly.
Mr. Carollo: Okay, I will go along with that.
Mayor Ferre: Carollo moves, Perez seconds. Further discussion? Read the
ordinance. Oh, wait, wait a minute! I am sorry! Miller pulled that one.
Mr. Gary: We have got to go for it. He can change it on Second Reading,
Mr. Mayor. We need this one.
Mayor Ferre: Well, you take that responsibility.
Mr. Gary: I'll take the heat.
Mayor Ferre: Okay.
AN ORDINANCE ENTITLED -
AN ORDINANCE RELATING TO THE TOWING OF MOTOR VEHICLES
AMENDING CHAPTER 42 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED BY ADDING THERETO A NEW ARTICLE
ENTITLED "TOWING OF MOTOR VEHICLES"; PROVIDING FOR THE
LICENSURE AND REGULATION OF BUSINESS ENTERPRISES ENGAGED
IN THE PRACTICE OF RECOVERING, TOWING, REMOVING AND
STORING OF MOTOR VEHICLES PARKED ON PRIVATE PROPERTY
WITHOUT PERMISSION, PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR SEVERABILITY.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
181
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J U L 181983
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44
AYES:
NOES:
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer
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 members of the public.
104. GRANT REQUEST FOR FINANCIAL ASSISTANCE - USE OF BASEBALL
STADIUM BY MIAMI AMATEUR BASEBALL ASSOCIATION TO SOLICIT FUNDS.
Mr. Gary: Mr. Mayor, on Agenda Item Number 52, Miami Amateur Baseball
Association, they want a waiver (and I support it) of the use of the
Miami Stadium. They have contributed about $1,500 of their own money...
Mayor Ferre: Carollo, that is your baby.
Mr. Gary: It is. This is yours.
Mayor Ferre: It is baseball - Miami Amateur Baseball.
Mr. Carollo: I'll make the motion.
Mayor Ferre: All right, Carollo moves. Perez seconds. Further discussion?
Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION NO. 83-642
A MOTION GRANTING A SUM OF MONEY EQUAL TO THE RENTAL OF THE
MIAMI BASEBALL STADIUM FOR USE OF THE FACILITY, PURSUANT TO
REQUEST MADE BY REPRESENTATIVES OF THE "MIAMI AMATEUR BASE-
BALL ASSOCIATION".
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
182
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09
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105. AUTHORIZE CITY MANAGER TO EXTEND EXISTING PROFESSIONAL SERVICES
AGREEMENT E.H. FRIEND AND COMPANY FOR ACTUARIAL ASSISTANCE
WITH PENSION MATTERS.
Mr. Gary: Agenda Item Number 53, Mr. Mayor.
Mayor Ferre: All right, this authorizes the Manager to extend the existing
professional services - E. H. Friend and Company. Is there a motion?
Mr. Carollo: So moved.
Mayor Ferre: Moved by Carollo. Is there a second?
Mr. Perez: Second
Mayor Ferre: Second by Perez, further discussion? Call the roll on 53.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-643
A RESOLUTION AUTHORIZING THE CITY MANAGER TO INCREASE THE
CONTRACT COST OF THE EXISTING PROFESSIONAL SERVICES AGREE-
MENT WITH E.H. FRIEND & COMPANY, FOR EXPERT ACTUARIAL
ASSISTANCE IN PENSION MATTERS IN AN ADDITIONAL AMOUNT NOT
TO EXCEED $45,000 WITH FUNDS THEREFOR ALLOCATED FROM SPECIAL
PROGRAMS AND ACCOUNTS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
106. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH THE SENIOR
COMMUNITY SERVICE EMPLOYMENT AGENCY.
Mr. Gary: Agenda Item Number 54 is a Federal Grant for the Senior Centers of
Dade County to continue the Home Safety Inspection Program.
Mayor Ferre: Carollo moves, Perez seconds. Further discussion? I would like
on record, Mr. Manager, for the Administration to write a letter to the forty-
six Senior Citizens who participated in the program and schedule them for the
next City of Miami Commission meeting to receive certificates.
Mr. Gary: Yes, sir.
Mayor Ferre: A lot of older people have put a lot of time and effort and
work. All right, call the roll on Item 54.
183
JUL 181963
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ld
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-644
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT WITH THE SENIOR COMMUNITY SERVICE EM-
PLOYMENT AGENCY, AN AGENCY OF THE U.S. GOVERNMENT, AND THE
SENIOR CENTERS OF DADE COUNTY, INC.. FOR THE COORDINATION
OF SERVICES IN CONNECTION WITH THE HOME SAFETY INSPECTION
PROGRAM TO BE CONDUCTED SUBSTANTIALLY IN ACCORDANCE WITH
THE TERMS AND CONDITIONS SET FORTH IN SAID AGREEMENT, WITH
FUNDS THEREFOR NOT TO EXCEED $60,164 ALLOCATED FROM THE
FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT'S GENERAL
BUDGET AND THE FIRE FIGHTERS BOND FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
107. ALLOCATE $5,000 TO HELP DEFRAY COSTS OF RECEPTION OF INTE
PERSONNEL MANAGEMENT ASSOCIATION.
Mayor Ferre: Take up Agenda Item Number 55.
Mr. Gary: Item 55, Mr. Mayor, we have the International Personnel Management
Association coming to town and we would like to, on behalf of the Mayor and
the Commission, hold a reception in their honor at Knight Convention Center.
Mayor Ferre: It has been moved by Carollo, seconded by Perez. This is your
little turkey.
Mr. Gary: No, this is Krause's.
Mayor Ferre: Oh, Krause. Krause's little turkey.
Mr. Gary: He is the past president.
Mayor Ferre: Mr. Krause?
Mr. Gary: He got the convention to come here to Miami.
Mayor Ferre: Let the record reflect that the Miami of Miami is voting with
you and agrees with you, for a change. Okay, call the roll.
J U L 181983
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The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-645
A RESOLUTION ALLOCATING $5,000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, TO THE INTERNATIONAL PERSONNEL
MANAGEMENT ASSOCIATION TO HELP DEFRAY THE COST OF A RECEP-
TION WHICH WILL BE HELD AT THE MIAMI CONVENTION CENTER FOR
ALL DELEGATES AND OFFICERS ATTENDING THE ASSOCIATION'S
INTERNATIONAL CONFERENCE ON OCTOBER 21-25, 1984; SAID
ALLOCATION TO BE DISBURSED PRIOR TO 1984 SO THAT THE ASSO-
CIATION CAN MAKE ITS PLANS IN ADVANCE OF THE CONFERENCE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
108. AUTHORIZE CITY MANAGER TO ACCEPT URBAN PARK AND RECREATION
RECOVERY PROGRAM GRANT FOR MOORE PARK REDEVELOPMENT.
Mr. Gary: The next is to accept a grant, $700,000, for Moore Park Redevelop-
ment from the U. S. Department of the Interior.
Mayor Ferre: Carollo moves, Perez seconds Item 56. Further discussion? Call
the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-646
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT AN URBAN
PARK AND RECREATION RECOVERY PROGRAM GRANT FROM THE U.S.
DEPARTMENT OF THE INTERIOR NATIONAL PARK SERVICE IN THE AMOUNT
OF $699,900 FOR THE MOORE PARK REDEVELOPMENT PROJECT; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE APPROPRIATE
AGREEMENT IMPLEMENTING SAID GRANT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: CoAQaissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
186 J U L IS 1983
id
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109. ACCEPT COMPLETED WORK, ORANGE BOWL UPPER DECK IMPROVEMENT.
Mr. Gary: The next one is to pay for Orange Bowl lights.
Mayor Ferre: Perez moves.
Mr. Carollo: What kind of lights?
Mr. Gary: These are the lights in the Orange Bowl - upper deck improvement.
We had to replace a lot of lights and the fencing.
Mayor Ferre: We are getting the money, as I understand it, from the T.D.C.
on this, right?
Mr. Gary: T.D.C. We advance it and we get it back in return.
Mayor Ferre: Perez moves, Carollo seconds. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 83-647
A RESOLUTION ACCEPTING THE COMPLETED WORK OF MET CONSTRUCTION,
INC. AT A TOTAL COST OF $393,437 FOR ORANGE BOWL - UPPER DECK
IMPROVEMENTS; AUTHORIZING AN INCREASE IN THE JUNE 22, 1982
CONTRACT WITH MET CONSTRUCTION, INC. FOR SAID WORK IN THE NET
AMOUNT OF $6,437; AND AUTHORIZING A FINAL PAYMENT OF $45,137.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
110. ACCEPT COMPLETED WORK, CITY WIDE PAVING PROJECT, OVERTOWN.
Mr. Gary: Accepting the completed work - Agenda Item Number 58.
Mayor Ferre; All right, Perez moves, Carollo seconds. Further discussion?
Call the roll on 58.
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
1.9
JUL 18 1983
r
RESOLUTION NO. 83-648
Id
A RESOLUTION ACCEPTING THE COMPLETED WORK OF WEEKLEY ASPHALT
PAVING, INC. AT A TOTAL COST OF $55,994.62 FOR CITY WIDE
PAVING PROJECT - OVERTOWN; AUTHORIZING AN INCREASE IN THE
SEPTEMBER 13, 1982 CONTRACT WITH WEEKLEY ASPHALT PAVING, INC.
FOR SAID WORK IN THE NET AMOUNT OF $2,277.12; AND AUTHORIZING
A FINAL PAYMENT OF $8,176.48.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
111. ACCEPT COMPLETED WORK, ADDITIVE ITEMS "B" AND "C" FINISHES AND
MILLWORK PROJECT AT THE MIAMI CONVENTION CENTER.
Mr. Gary: Agenda Item Number 59 is the same thing.
Mayor Ferre: Carollo moves, Perez seconds. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-649
A RESOLUTION ACCEPTING THE COMPLETED WORK OF KENNEY DRAPERY
ASSOCIATES, INC. AT A TOTAL COST OF $184,450. FOR CITY OF
MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER -
ADDITIVE ITEMS "B" AND "C" FINISHES AND MILLWORK PROJECT; AND
AUTHORIZING FINAL PAYMENT OF $5,669.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
187
J U L 181983
r
112. AUTHORIZE ACCEPTANCE OF GRANT AWARD FROM STATE OF FLORIDA
RECREATION PROGRAM FOR THE MENTALLY RETARDED - EIGHT YEAR.
Mr. Gary: Agenda Item Number 61, a grant.
Mayor Ferre: Take up 61. Carollo moves, Perez seconds. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-650
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT
AWARD FROM THE STATE OF FLORIDA, DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES FOR RECREATION PROGRAMS FOR THE
MENTALLY RETARDED (8TH YEAR) IN THE AMOUNT OF $131,748 WHICH
WILL BE COMBINED WITH $25,000 FROM FISCAL YEAR 1982-83 SPECIAL
PROGRAMS AND ACCOUNTS, MATCHING FUNDS FOR GRANTS, FOR A
TOTAL OF $156,748, AND FURTHER AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NECESSARY CONTRACT(S) AND/OR AGREEMENTS TO
IMPLEMENT THIS PROGRAM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
113. AUTHORIZE CITY MANAGER TO ENTER INTO AN AGREEMENT - MARK
ISRAEL, MAN IN WASHINGTON PROGRAM.
Mayor Ferre: Take up Agenda Item Number 62. Moved by Carollo, seconded by
Perez. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-651
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE NATIONAL CENTER FOR MUNICIPAL DEVELOPMENT,
INC. TO CONTINUE REPRESENTATION OF THE CITY OF MIAMI IN WASH-
INGTON, D.C. BY MR. MARK ISRAEL, AS PART OF THE MAN IN
WASHINGTON PROGRAM; FURTHER AUTHORIZING THE PAYMENT OF $18,000
AS A FEE FOR SAID SERVICES, PAYABLE IN 12 EQUAL MONTHLY IN-
STALLMENTS; FURTHER AUTHORIZING AN ADDITIONAL SUM NOT TO
EXCEED $4,000 FOR REIMBURSEMENT OF OUT-OF-POCKET DISBURSE-
MENTS; WITH FUNDS THEREFOR ALLOCATED FROM SPECIAL PROGRAMS AND
ACCOUNTS, SPECIAL SERVICES, Nr
, MAN IN WASHINGTON PROG M U L 1 8 198
CODE NO. 920-207-270.
ld
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
114. APPROVE CITY MANAGER SELECTION OF ROLANDO LOPEZ DIRUBE TO
CREATE A MURAL FOR JOSE MARTI PARK.
Mayor Ferre: All right, Carollo moves Agenda Item Number 64. Perez seconds
it. "See backup material on this item - monies to build wall highlighted
in yellow". This is that Cuban artist....
Mr. Gary: Yes.
Mayor Ferre:.... who is deaf who is a very well known artist who is going to
do ... and he is the guy who has been selected to do the work at Jose Marti
Park, right?
Mr. Gary: That is correct - by the Arts in Public Places Committee.
Mayor Ferre: All right, I think that is a great move forward, by the way.
Mr. Gary: After we took it back five times!
Mayor Ferre: All right, call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-652
A RESOLUTION APPROVING THE CITY MANAGER'S SELECTION OF ROLANDO
LOPEZ DIRUBE TO CREATE AN 8'X40' MURAL FOR JOSE MARTI PARK,
LOCATED AT S.W. 4TH STREET AND 4TH AVENUE, MIAMI, FLORIDA;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN SUB-
STANTIALLY THE FORM ATTACHED HERETO BETWEEN THE CITY AND
THE ARTIST FOR A FEE OF $26,000 FROM THE PARKS FOR PEOPLE
BOND FUND, A U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
GRANT AND A U.S. DEPARTMENT OF INTERIOR, URBAN PARKS AND
RECOVERY GRANT THAT HAVE BEEN SET ASIDE FOR SAID PURPOSES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr
189
JUL 181983
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115. AUTHORIZE CITY MANAGER TO AMEND AGREEMENT D.D.A. TECHNICAL
SUPPORT SERVICES IMPLEMENTATION OF SOUTHEAST OVEP.TOWN/
PARK WEST C=4UNITY REDEVELOPMENT PLAN.
Mayor Ferre: Take up Agenda Item Number 65.
Mr. Gary: This is a $10,000 agreement with ... okay.
Mayor Ferre: Moved by Carollo, seconded by Perez. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-653
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE
MEMORANDUM OF AGREEMENT (RESOLUTION NO. 83-218) BETWEEN
THE CITY AND THE DOWNTOWN DEVELOPMENT AUTHORITY FOR PRO-
VIDING TECHNICAL SUPPORT SERVICES FOR THE IMPLEMENTATION
OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOP-
MENT PLAN; SAID CONTRACTUAL AMENDMENT NOT TO EXCEED
$10,000 WITH FUNDS THEREFORE ALLOCATED FROM SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT PROJECT ADMINISTRATION
TRUST AND AGENCY FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
116. RESCIND RESOLUTION 83-360 WHICH AUTHORIZED CONTRACT WITH
RIC-MAN CONSTRUCTION CORPORATION FOR KINLOCH SANITARY
SEWER; AUTHORIZING MANAGER TO EXPROPRIATE ALL OR PART OF
THE BID SECURITY POSTED.
Mr. Gary: This one is to rescind the resolution because the guy didn't come
in with the performance bond and he didn't live up to the bid.
Mayor Ferre: Agenda Item Number 67. Is there a motion?
Mr. Clark: Mayor, that resolution has been modified. We have a new 67 that
we would like to give to you. You have the new resolution on 67 in front of
you right now and it just simply changes the vehicle to accomplish the same
result of what we recommend.
Mayor Ferre: All right, is there a motion on this?
Mr. Perez: Moved.
Mayor Ferre: This is the Kinloch Sanitary Sewer Improvement. Seconded by
Carollo. Further discussion? Call the roll on 67.
190
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The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 83-654
A RESOLUTION ACCEPTING AND RATIFYING THE FINDINGS OF THE
CITY MANAGER AND THE DIRECTOR OF THE DEPARTMENT OF PUBLIC
WORKS THAT RIC-MAN CONSTRUCTION CORPORATION FAILED TO
EXECUTE THE CONTRACT AWARDED IN THE AMOUNT OF $988,143.05,
FOR KINLOCH SANITARY SEWER IMPROVEMENT IN THE KINLOCH
SANITARY SEWER IMPROVEMENT DISTRICT SR-5485 - C&S (CENTER
LINE AND SIDE LINE SEWERS) AND THEREBY FORFEITED ITS BID
SECURITY; FURTHER AUTHORIZING THE CITY ATTORNEY TO TAKE. THE
NECESSARY LEGAL ACTION IN ORDER TO RECOVER ALL OR PART OF THE
BID SECURITY SUBMITTED BY RIC-MAN CONSTRUCTION CORPORATION,
AS REQUIRED, TO COVER THE CITY'S COSTS RESULTING FROM SUCH
FAILURE ON THE PART OF RIC-MAN CONSTRUCTION CORPORATION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
117. RATIFY ACTION OF CITY MANAGER AMENDATORY AGREEMENT, STATE
OF FLORIDA EXTENDING ENTRANT ASSISTANCE PROGRAM, 1982/83
UNTIL JUNE 10, 1983; FURTHER EXTENDING TO JUNE, 1984.
Mr. Gary: Agenda Item Number 68, Mr. Mayor, is ratifying the action taken
by me to extend the program of Action Community Center to the funding of
the State Grant.
Mayor Ferre: All right, there is a motion by Carollo.
Mr. Carollo: Is that Blanco's...?
Mr. Gary: Yes, it is.
Mayor Ferre: Second by Perez. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
19l
AL 181983
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RESOLUTION NO. 83-655
A RESOLUTION RATIFYING AND APPROVING THE ACTION TAKEN BY
THE CITY MANAGER IN ENTERING INTO AN AMENDATORY AGREEMENT
WITH THE STATE OF FLORIDA EXTENDING THE ENTRANT ASSISTANCE
PROGRAM - 1982/83 UNTIL JUNE 10, 1983; FURTHER RATIFYING
AND APPROVING THE ACTION TAKEN BY THE CITY MANAGER IN ENTER-
ING INTO A NEW AGREEMENT WITH THE STATE OF FLORIDA FOR THE
ENTRANT ASSISTANCE PROGRAM - 1982/83 FOR THE PERIOD JUNE
11, 1983 THROUGH JUNE 30, 1983; FURTHER RATIFYING AND APPROV-
ING THE ACTION TAKEN BY THE CITY MANAGER IN ENTERING INTO A
NEW AGREEMENT WITH THE STATE OF FLORIDA FOR THE ENTRANT
ASSISTANCE PROGRAM - 1983/84 FOR THE PERIOD JULY 1, 1983
THROUGH JUNE 30, 1984; AND FURTHER RATIFYING AND APPROVING
THE ACTION TAKEN BY THE CITY MANAGER IN ENTERING INTO
AMENDATORY AGREEMENTS WITH ACTION COMMUNITY CENTER, INC.
COVERING THE SAME AFOREMENTIONED PERIODS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
118. APPROVE ACTION OF CITY MANAGER ENTERING INTO AN AGREEMENT WITH
H.A.C.A.D. COMPREHENSIVE MANPOWER EMPLOYMENT SERVICES PROVISION
ENTRANTS.
Mayor Ferre: Agenda Item Number 69.
Mr. Gary: Okay, this is the same thing.
Mr. Carollo: Moved.
Mayor Ferre: All right, moved by Carollo.
Mr. Perez: Second.
Mayor Ferre: Second by Perez. Further discussion? Call the roll on 69.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-656
A RESOLUTION RATIFYING AND APPROVING THE ACTION TAKEN BY
THE CITY MANAGER IN ENTERING INTO AN AGREEMENT WITH THE
HAITIAN AMERICAN COMMUNITY ASSOCIATION OF DADE COUNTY, INC.
(H.A.C.A.D.) TO PROVIDE COMPREHENSIVE MANPOWER EMPLOYMENT
SERVICES TO HAITIAN ENTRANTS FOR THE PERIOD JULY 1, 1983
THROUGH SEPTEMBER 30, 1983 IN THE AMOUNT OF $55,000.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
192
ld JUL 18 19U
C
r
AYES:
NOES:
ABSENT:
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
None
Commissioner Miller J. Dawkins
Vice -;Mayor J. L. Plummer, Jr.
119. ALLOCATE $10,000 SPECIAL PROGRAMS AND ACCOUNTS FOR COCONUT GROVE
CARES.
Mr. Gary: This one is allocating $10,000 for Coconut Grove Cares.
Mayor Ferre: Moved by Carollo, seconded by Perez. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-657
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $10,000
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, FOR
COCONUT GROVES CARES, INC. AS PARTIAL PAYMENT FOR THE
USE OF THE COCONUT GROVE EXHIBITION CENTER DURING THE
TIME PERIOD OF JULY THROUGH NOVEMBER, 1983 BY SAID AGENCY
FOR ITS FIVE REMAINING ANTIQUE SHOWS TO BE HELD AT SAID
CENTER.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
120. ORDERING RESOLUTION EAST LITTLE HAVANA HIGHWAY IMPROVEMENT
PHASE I, H-4487.
Mayor Ferre: Agenda Item Number 73, ordering East Little Havana Highway
Improvement. Carollo moves. Perez seconds. Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-658
A RESOLUTION ORDERING EAST LITTLE HAVANA HIGHWAY IMPROVEMENT -
PHASE I, H-4487 AND DESIGNATING THE PROPERTY AGAINST WHICH
SPECIAL ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST
THEREOF AS EAST LITTLE HAVANA HIGHWAY IMPROVEMENT DISTRICT
PHASE I, H-4487. 1HIGJUL1983
ld
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
121. ACCEPT COMPLETED WORK - CITY OF MIAMI CONVENTION CENTER ENTRANCE
CANOPY ADDITIVE ITEM B.
Mr. Gary: Agenda Item Number 74 - same thing, accepting completed work.
Mayor Ferre: All right, Carollo moves 74. Perez seconds. Further discus-
sion. Call the roll on 74.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-659
A RESOLUTION ACCEPTING THE COMPLETED WORK OF R.L. GOOD, INC.
AT A TOTAL COST OF $7,522.00 FOR THE CITY OF MIAMI/UNIVERSITY
OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER - ENTRANCE
CANOPY (ADDITIVE ITEM B - LIGHTING); AND AUTHORIZING A FINAL
PAYMENT OF $752.20.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
1d 194 JUL 181983
C C
ld
122. ACCEPT BID - FLAGLER HOUSE RESTORATION IN FORT DALLAS PARK.
Mayor Ferre: Take up Agenda Item Number 81.
Mr. Carollo: I make the motion.
Mayor Ferre: All right, Carollo moves 81. Perez seconds. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-660
A RESOLUTION ACCEPTING THE BID OF R. A. HALPERN, INC. IN THE
PROPOSED AMOUNT OF $83,625.00 BASE BID OF THE PROPOSAL, FOR
FLAGLER HOUSE - RESTORATION; WITH MONIES THEREFOR ALLOCATED
FROM THE "CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT
INTERNATIONAL CENTER AND PARKING GARAGE" ACCOUNT IN THE
AMOUNT OF $83,625.000 TO COVER THE CONTRACT COST; ALLOCATING
FROM SAID FUND THE AMOUNT OF $8,363.00 TO COVER THE COST OF
PROJECT EXPENSE, ALLOCATING FROM SAID FUND THE AMOUNT OF
$1,673.00 TO COVER THE COST OF SUCH ITEMS AS ADVERTISING,
TESTING LABORATORIES, AND POSTAGE; ALLOCATING FROM SAID
FUND THE AMOUNT OF $3,345.00 TO COVER INDIRECT COST; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
------------------------------------------------------------------------------
NOTE FOR THE RECORD: ITEMS 83 AND 84 WERE WITHDRAWN.
195
JUL 181983
123. SUPPORT ADOPTION OF METRO ALLOCATION OF FORMULA BENEFITING
CITY OF MIAMI RESIDENTS FROM REVENUES GENERATED BY THE
DISCRETIONARY SURTAX ON RECORDED DOCUMENTS.
Mayor Ferre: We have got to do Agenda Item Number 85. This will generate
twenty-five million in low and moderate income families, so is there a motion
on 85? Carollo, I imagine you want to do this.
Mr. Carollo: Is this the one on the...
Mr. Gary: Documentary tax.
Mr. Carollo: The Documentary tax.
Mr. Gary: Documentary tax - we want to make sure we are getting our fair share
from Dade County.
Mayor Ferre: Carollo moves, Perez seconds. Further discussion on 85. Call
the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-661
A RESOLUTION PETITIONING THE BOARD OF COUNTY COMMISSIONERS
OF METROPOLITAN DADE COUNTY TO ADOPT AN EQUITABLE ALLOCATION
FORMULA FOR THE REVENUES GENERATED BY THE DISCRETIONARY SUR-
TAX ON RECORDED DOCUMENTS WHICH WILL RESULT IN DIRECT BENEFITS
TO ELIGIBLE RESIDENTS OF THE CITY OF MIAMI; FURTHER DIRECTING
THE CITY CLERK TO FORWARD COPIES OF THIS RESOLUTION TO THE
HEREIN NAMED OFFICIALS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
124. AUTHORIZE TRANSFER OF FUNDS $125,000 TO DOWNTOWN DEVELOPMENT
AUTHORITY TO BE REPAID WITH INTEREST AT THE RATE OF 10% PER
ANNUM.
Mayor Ferre: We didn't do Agenda Item Number 86"A".
Mr. Carollo: So moved, 86"A".
Mayor Ferre: Is there a second to 86"A"?
Mr. Gary: That's got to change the interest rate, unfortunately, Mr. Mayor,
to 6%. That is in the Charter...
Mayor Ferre: Okay.
Mr. Gary:....which is in violation of economic conditions. They borrow money
at 6%. They can only borrow money at 6%.196 * JUL 18 1983
Id
Mayor Ferre: So how are we going to do it?
Mr. Gary: We have got to loan it to them at 6%.
Mayor Ferre: All right, there is a motion by Carollo, seconded by Perez.
Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-662
A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS IN THE
AMOUNT OF $125,000 TO THE DOWNTOWN DEVELOPMENT AUTHORITY
FROM THE GENERAL FUND AS AN ADVANCE PAYMENT OF AD VALOREM
TAX PROCEEDS TO BE REPAID OUT OF AD VALOREM TAXES TO BE
RECEIVED FROM DADE COUNTY BY THE CITY OF MIAMI ON BEHALF
OF THE DOWNTOWN DEVELOPMENT AUTHORITY BEFORE THE END OF
THE 1983-84 FISCAL YEAR, WITH INTEREST TO BE PAID TO THE
CITY AT THE RATE OF 6% PER ANNUM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
125. APPOINT METRO COUNTY COMMISSIONER HARVEY RUVIN AS A MEMBER OF THE
BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY.
Mayor Ferre: We need to vote to appoint Harvey Ruvin to the D.D.A. It is
moved by Carollo, seconded by Perez. Further discussion on 87. All right,
call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-663
A RESOLUTION APPOINTING METROPOLITAN DADE COUNTY COMMISSIONER
HARVEY RUVIN TO SERVE AS A MEMBER OF THE BOARD OF DIRECTORS OF
THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI FOR A
TERM EXPIRING JUNE 30, 1987.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
Id
9� JUL a �W
4
ld
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
126. FIRST READING ORDINANCE - APPROPRIATING ADDITIONAL MONEY TO A
TRUST AND AGENCY FUND ENTITLED "SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT ADMINISTRATION".
Mayor Ferre: All right, Agenda Item Number 9 on first reading. Joe, this
is an appropriation, an additional $135,000 from....
Mr. Gary: U.M.T.A. grant.
Mayor Ferre: .... U.M.T.A. grant, on First Reading.
Mr. Carollo: So moved.
Mayor Ferre: Carollo moves. Perez seconds, further discussion. Read the
ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9578,
ADOPTED MARCH 18, 1983, WHICH ESTABLISHED A TRUST AND
AGENCY FUND ENTITLED "SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT ADMINISTRATION", BY APPROPRIATING
AN ADDITIONAL $135,146 FROM U.M.T.A. GRANT 1ST YEAR
REVENUES FOR COSTS OF ADMINISTRATION; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
198 JUL 18 00,
127.. CONSENT AGENDA - AGENDA ITEMS 124 THROUGH 127.
(See Label 55 for first portion of Consent Agenda)
Mr. Gary: Agenda Items 124 through 127 - that is creating Handicapped Access
Improvements in our parks.
Mayor Ferre: Okay, is there a motion on the Consent Agenda on Items 124, 125,
126 and 127?
Mr. Carollo: So moved.
Mayor Ferre: There has been a motion by Carollo, seconded by Perez. Yes?
Mr. Clark: Mayor, would you read the preamble to the Consent Agenda, or
else you would need to have four separate votes.
Mayor Ferre: All right, is there anybody who wishes to speak on this portion
of the Consent Agenda? Hearing none, and seeing none, we can now proceed to
vote on these four items of the Consent Agenda. Call the roll.
The following resolutions were introduced by Commissioner Carollo,
seconded by Commissioner Perez and passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
127.1 ACCEPT BID - HANDICAPPED ACCESS IMPROVEMENTS PROJECT "A" PEACOCK
PARK, WAI14WRIGHT PARK, VIRRICK PARK, TRI-COUNTY CONSTRUCTION CORP.
RESOLUTION NO. 83-664
A RESOLUTION ACCEPTING THE BID OF TRI-COUNTY CONSTRUCTION
CORP. IN THE PROPOSED AMOUNT OF $23,831.00, BASE BID OF
THE PROPOSAL, FOR UPARR-HANDICAPPED ACCESS IMPROVEMENTS -
PACKAGE "A"; WITH MONIES THEREFOR ALLOCATED FROM THE
"PARK REHABILITATION FOR THOSE WITH SPECIAL NEEDS"
ACCOUNT IN THE AMOUNT OF $23,831.00 TO COVER THE CON-
TRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF
$2,384.00 TO COVER THE COST OF PROJECT EXPENSE;
ALLOCATING FROM SAID FUND THE AMOUNT OF $780.00 TO
COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING
LABORATORIES, AND POSTAGE; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
127.2 ACCEPT BID - HANDICAPPED ACCESS IMPROVEMENTS PACKAGE "B", EDISON
PARK, EATON PARK, LEGION PARK; TRI-COUNTY CONSTRUCTION CORP.
RESOLUTION NO. 83-665
A RESOLUTION ACCEPTING THE BID OF TRI-COUNTY CONSTRUCTION
CORP. IN THE PROPOSED AMOUNT OF $14,796.00, BASE BID OF
THE PROPOSAL, FOR UPARR-HANDICAPPED ACCESS IMPROVEMENTS
PACKAGE "B"; WITH MONIES THEREFOR ALLOCATED FROM THE
"PARK REHABILITATION FOR THOSE WITH SPECIAL NEEDS" ACCOUNT
IN THE AMOUNT OF $14,796.00 TO COVER THE CCNTRACT COST;
ALLOCATING FROM SAID FUND THE AMOUNT OF $1,480.00 TO
COVER THE COST OF PROJECT EXPENSE, ALLOCATING FROM SAID
FUND THE AMOUNT OF $795.00 TO COVER THE COST OF SUCH
ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM. 199 JUL 18 1983
ld
i
127.3 ACCEPT BID - HANDICAPPED ACCESS IMPROVEMENTS PACKAGE "C", ROBERT
KING HIGH PARK, KINLOCH PARK, FLAGAMI PARK; P.N.M. CORPORATION.
RESOLUTION NO. 83-666
A RESOLUTION ACCEPTING THE BID OF P.M.M. CORPORATION
IN THE PROPOSED AMOUNT OF $29,323.00, BASE BID PLUS
ADDITIVE ALTERNATE A OF THE PROPOSAL, FOR UPARR-
HANDICAPPED ACCESS IMPROVEMENTS - PACKAGE "C", WITH
MONIES THEREFOR ALLOCATED FROM THE "PARK REHABILITA-
TION FOR THOSE WITH SPECIAL NEEDS" ACCOUNT IN THE
AMOUNT OF $29,323.00 TO COVER THE COST OF THE CONTRACT;
ALLOCATING FROM SAID FUND THE AMOUNT OF $2,932.00 TO
COVER THE COST OF THE PROJECT EXPENSE; ALLOCATING
FROM SAID FUND THE AMOUNT OF $765.00 TO COVER THE
COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES,
AND POSTAGE; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM.
127.4 ACCEPT BID - HANDICAPPED ACCESS IMPROVEMENTS PACKAGE "D", GRAPE -
LAND HEIGHTS PARK, ROBERTO CLEMENTO PARK, SEWELL PARK, ALLAPATTAH-
COMSTOCK PARK; SOUTHERN CONSTRUCTION INTERNATIONAL CORP.
RESOLUTION NO. 83-667
A RESOLUTION ACCEPTING THE BID OF SOUTHERN CONSTRUCTION
INTERNATIONAL CORP. IN THE PROPOSED AMOUNT OF $37,074.00
BASE BID PLUS ADDITIVE ALTERNATE A OF THE PROPOSAL FOR
UPARR - HANDICAPPED ACCESS IMPROVEMENTS PACKAGE "D" WITH
MONIES THEREFOR ALLOCATED FROM THE "PARK REHABILITATION
FOR THOSE WITH SPECIALoNEEDS" ACCOUNT IN THE AMOUNT OF
$37,074.00 TO COVER THE CONTRACT COST; ALLOCATING FROM
SAID FUND THE AMOUNT OF $740.00 TO COVER THE COST OF
SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND
POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH SAID FIRM.
NOTE FOR THE RECORD: ITEMS 4, 5 AND 6 WERE DEFERRED.
ADJOURNMENT
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at 9:00 P.M.
MAURICE A. FERRE
Mayor
ATTEST: RALPH G. ONGIE Op
City Clerk
MATTY HIRAI
Assistant City Clerk
Ilore 01P aIOF. �
ld 200
CI Y t7P AP 1
'Inp.y
ITEM NO DOCUMENT IDENTIFICATION
MEETING DATE:
July 18, 1983
COMMISSION T RETRIEV
1
ESTABLISHING A CHARTER REVIEW CO�fMITTEE IN CONNECTION
WITH THE PROPOSED AMENDMENT OF THE CITY CHARTER.
R-83-559
83-559
2
COMMENDING THE DEPARTMENT OF FIRE, RESCUI, AND
INSPECTION SERVICES/SOUTH FLORIDA BUILDING CODE.
R-83-567
83-567
3
APPROVING THE SUBSTITUTION OF ONE PHOTOCOPY MACHINE
UNDER LEASE FROM INTERNATIONAL BUSINESS MACHINES
FOR THE LAW DEPARTMENT.
R-83-568
83-563
4
PROFESSIONAL SERVICES AGREEMENT 1WITH COOPERS AND
LYBRAND/BAYSIDE SPECIALTY CENTER REVIEW COMMITTEE
R-83-570
83-570
5
DEEPEST SYMPATHY AND CONDOLENCES OF THE CITY
COMMISSION TO THE FAMILY OF EDUARDO BENITEZ UPON
HIS DEATH.
R-83-572
83-572
6
ENDORSING THE CONCEPT OF THE DEVELOPMENT OF THE
NORTM%IEST 7TH AVENUE. BUSINESS CORRIDOR BY THE
?IARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORATION.
R-83-573
83-573
7
AGREEMENT [WITH MIAMI MOTORSPORTS,INC.
R-83-575
83-575
8
ACCEPTING SCULPTURE FOUNTAIN FROM THE GOVERNMENT
OF CHILE.
R-83-579
83-579
9
RESCHEDULING REGULAR MEETING TO TAKE PLACE ON
SEPTEMBER 7, 1983.
R-83-580
83-580
�r 10
ALLOCATING AN AMOUNT NOT TO EXCEED $25,400 FROM THE
GENERAL`FUND, SPECIAL PROGRAMS AND ACCOUNTS TO THE
DEPARTMENT OF OFF—STREET PARKING.
R-83-581
83-581
11
ACCEPTING BID OF SIGNS OF ALL KINDS,INC.' FOR THE
DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE.
R-83-585
83-585
12
ACCEPTING BID OF EDVTARD DON AND COMPANY FOR
FURNISHING TABLE SKIRTING TO DEPARTMENT OF CONFERENCES
AND CONVENTIONS.
R-83-586
83-586
13
ACCEPTING BID OF ADVANCE MACHINE COMPANY FOR
INDUSTRIAL FLOOR CLEANING MACHINE FOR DEPT. OF
VEHICLE MAINTENANCE.
R-83-587
33-587
14
ACCEPTING BID OF PUBLIC SAFETY DEVICES,INC. FOR
I
FURNISHING OVERHEAD GUN RACKS FOR POLICE DEPT.
R-83-588
33-586
15
ACCEPTING BID OF PERSHING AUTO LEASING,INC. FOR
RENTAL AUTOMOBILES ON CONTRACT BASIS.
R-83-589
33-5
16
ACCEPTING BID OF CENTRAL CONCRETE OF MEDLEY,INC.
FOR FURNISHING READY MIXED CONCRETE.
R-83-590
83_
•
I
17
ACCEPTING BID OF P1ECO MIAMI,INC. FOR FURNISHING
t
SIX FUEL DISPENSING PUMPS TO DEPARTMENT OF FIRE.
R-83-591
83 d
r
JCUME I NDE),-
X
PAGE # 2
C 1SSION
10i NOA DOCUMENT IDENTIFICATION BODE NO,
18 I
ACCEPTING BID OF E.V.F. INC. FOR FURNISHING NEW RESCUE
AMBULANCE VEHICLES FOR THE DEPARTMENT OF FIRE.
VA
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
ACCEPTING BID OF M. VILA 4ND ASSOCIATES,INC. IN THE
PROPOSED AMOUNT OF $1,098,079.99 TOTAL BID PROPOSAI.
FOR LITTLE RIVER HIGHWAY IMPROVEMENT.
ACCEPTANCE OF A $9,287.50 GRANT FROM METROPOLITAN
DADE COUNTY 1*0 PROVIDE CHILD DAY CARE SERVICES.
RESCINDING RESOLUTION NO. 81-616 WHICH ACCEPTED THf:
PROPOSAL OF THE CITY MANAGER TO INTER INTO CONTRACT
[,KITH AERIAL SURVEYS INTERNATTONAL,INC.
AGREEMENT WITH METRO DADS COUNTY FOR DEVELOP MEN'I OF AN
EMERGENCY VEHICLE PRE-EMPTION SYSTEM.
I
ACCEPTING FROM DAVID A. FREEDMAN A COVENANT TO RUN WITHI
THE LAND RELATING TO AN EXISTING GARAGE ENCROACHMENT.
AGREEMENT WITH EXPOSITION PROMOTIONS INTERNATIONAL,INC.
FOR THE USE OF THE COCONUT GROVE EXHIBITION CENTER.
AUTHORIZING THE PURCHASE OF FOUR PORTABLE POLICE RADIOS
FROM MOTOROLA COL'IMUNICATIONS AND ELECTRONICS, INC.
PURCHASE OF SETS OF TURNOUT CLOTHING FROM MIDWESTERN
SAFETY MANUFACTURING COMPANY FOR THE FIRE DEPARTMENT.
ORDERING LYNWOOD SANITARY SEWER IMPROVEMENT SR-5487 S
SIDELINE SEWER.
ACCEPT BID OF INTERAMERICAN ENGINEERS AND CONTRACTORS
CORPORATION FOR 28 ITEMS OF OFFICE FURNITURE FOR THE
DEPT. OF CONFERENCES AND CONVENTIONS.
ACCEPTING BID OF THOMSED CORPORATION FOR FURNISHING
TUNSTILES FOR THE ORANGE BOWL.
ACCEPTING BIDS OF EMERGENCY MEDICAL AND SAFETY
CUPPLY,INC. FOR THE FIRE DEPARTMENT.
ACCEPTING GRANT FROM FEDERAL HISTORIC PRESERVATION
AND EXECUTE AGREEMENT WITH FLORIDA DEPARTMENT OF
STATE, DIVISION OF ARCHIVES, HISTORY AND RECORDS
MANAGEMENT.
ACCEPTING BID OF STAGE ENGINEERNG AND SUPPLY
INC. FOR FURNISHING ONE ACOUSTICAL CONCERT SHELL.
ACCEPTING THE BID OF CARIBBEAN BUILDING SUPPLIERS,
INC. FOR THE DEPARTMENT OF SOLID WASTE.
ACCEPTING BID OF ALLIED UNIVERSAL CORPORATION FOR THE
DEPARTMENT OF RECREATION.
ACCEPTING BID OF CONTACT COMMUNICATION CORPORATION
FOR THE DEPARTMENT OF BUILDING AND VEHICLE
MAINTENANCE.
PROFESSIONAL SERVICE AGREEMENT WITH JOHNSON AND
HIGGINS FOR THE GORUP HEALTH BENEFITS INSURANCE.
R-83-592
R-83-593
R-81-594
R-83-595
R-83-596
R-83-597
R-83-598
R-83-599
R-83-600
R-83-601
R-83-602
R-83-603
R-83-604
R-83-605
R-83-606
R-83-607
R-83-608
R-83-609
R-83-610
83-592
83-593
83-594
83-595
83-596
83-597
83-598
83-599
83-600
83-601
83-602
83-603
83-604
83-605
83-606
83-607
83-608
f
83-609
83-610
UM EN
T NDEX
PAG E %` 3
4eCONTIN-UED
N0. DOCUMENT IDENTIFICATION C ArTTnm C011F NO. —
37
38
39
40
41
42
43
44
I
45
46
47
48
49
50
51
52
53
54
AMENDMENT TO AGREEMENT WITH TAQUECHEL ASSOCTATFS,TNC.
FOR THE DEPARTMENT OF FIRE.
ACCEPT COMPLETED WORK OF TIMCO ELECTRTC,INC. FOR THE
HADLEY PARK —MISCELLANEOUS IMPROVF.MF.NTS LIGHTING
SYSTEM.
I
ACCEPT CO?IPLE'CI:D WORK OF HILL PI.U^IBTNG INC. FOR
THE HADLEY PARK SANTTARY SEWER.
ACCEPTING COMPLETED WORK OF NICHOLAS INC. FOR THE.
MIAMI RIVERWALK.
ACCEPTING BID OF RECIO AND ASSOCIATES,INC.
FOR THE DEPARTMENT 01' PARKS.
APPROVING THE CITY MANAGER'S ACCEPTANCE 01: A
$35.224.91 GRAN FROM METROPOLITAN DADE COUNTY
TO PROVIDE CHILD DAY CARE SERVICES.
LEASE AGREEMENT WITH DEPARTMENT OF OFF—STREET PARKING
IN OLYMPIA BUILDING.
INSTALLATION OF LIGHT ORNAMENTAL ON CITY STREETS
AND SIDEWALKS.
CITY MANAGER TO DELIVER A WARRANTY DEED TO SONNAR,
INC. FOR CITY OWINED PROPERTY.
EXECUTE LEASE AGREEMENT WITH U.S. CORPS OF
ENGINEERS, FOR DEVELOPMENT OPERATION OF BAYFRONT PARK.
SETTLEMENT AND ORDER OF DISMISSAL IN CIRCUIT COURT
CITY OF MIAMI VS. JOSEPH ROBBIE.MIAMI DOLPHINS.
PROFESSIONAL SERVICES FOR THE RENOVATION OF THE
MOORE PARK.
AGREEMENT WITH NINE NEIGHBORHOOD ECONOMIC
DEVELOPMENT ORGANIZATIONS/9TH YEAR COMMUNITY DEVELOP
MENT BLOCK GRANT.
ISSUANCE OF DEVELOPMENT ORDER THE S.E. 8TH
STREET AND BRICKELL AVENUE PROJECT.
FINAL APPLICATION FOR THE 8TH STREET AND BRICKELL
AVENUE PROJECT.
FINAL APPLICATION FOR 701-799 BRICKELL AVENUE
SPECIAL PERMIT.
AUTHORIZING CITY MANAGER TO ACCEPT A SMALL BUSINESS
ADMINISTRATION PARKS PROGRAM GRANT.
AGREEMENT BETWEEN ]'HE LITTLE HAVANA DEVELOPMENT
AUTHORITY AND CITY OF MIAMI.
R-83-611
R-83-612
R-83-613
R-83-614
R-83-615
R-83-616
R-83-617
R-83-619
R-83-621
R-83-622
R-83-625
R-83-626
R-83-627
R-83-628
R-83-629
R-83-630
R-83-631
R-83-632
83-611
83-612
83-613
83-614
83-615
83-616
83-617
83-619
83-621
83-622
83-625
83-626
83-627
83-628
83-629
8 3-630
f
83-631
83-6
t
s
cu
ENTI N DEX
oil
CONT—IN ED
ITEH NO. DOCUMENT IDENTIFICATION COMMISSION
errTnm
55
56
57
58
54
60
i
61
62
63
64
65
66
s 67
68
69
70
71
72
ALLOCATING $275,000 OF COMMUNITY DEVELOPMENT JOBS
PROGRAMS FUNDS/BISCAYNEl 14YN1400D CHAMBER OF CO�UIERCE.
ALLOCATING $10,000 FROM SPECIAL PROGRAMS FOR THE OVER
TOWN BLUE RIBBON COMMITTEE.
CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION IN
ALLAPATTAH SANITARY SEWER IMPROVE*LENT.
CONFIRMING ORDERING RESOLUTION NO. 83-306 FOR THE
CONSTRUCTION OF ALLAPATTAH INDUSTRIAL AREA HIGHWAY
IMPROVEMENT.
CONFIRMING ORDERING RESOLUTION NO. 83-497 FOR
ALLAPATTAH INDUSTRIAL AREA CITY WIDE SANITARY SEWER.
ADVERTISE PROPOSALS FOR THE DEPOSIT OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
ACCEPT COMPLETED WORK OF ROENCA CORPORATION FOR
SANITARY SEWER IMPROVEMENT IN KIRKLAND.
ACCEPTING COMPLETED WORK OF DELTA ENGINEERING
CONTRACTING CORPORATION FOR SANITARY SEWER
IMPROVEMENT IN CITY WIDE WEST 57th AVENUE.
AUTHORIZING CITY MANAGER TO INCREASE THE CONTRACT COS
WITH E. 11. FRIEND AND COMPANY.
AGREEMENT WITH SENIOR COMMUNITY SERVICES
EMPLOYMENT AGENCY.
ALLOCATING $5,000 TO THE INTERNATIONAL PERSONNEL
MANAGEMENT ASSOCIATION.
AUTHORIZING CITY MANAGER TO ACCEPT AN URBAN PARK
AND RECREATION RECOVERY PROGRAM GRANT.
ACCEPTING COMPLETED WORK OF MET CONSTRUCTION, INC.
FOR THE ORANGE BOI%q,.
I
ACCEPTING COMPLETED WORK OF WEEKLEY ASPHALT PAVING,IN�
FOR OVERTOWN.
ACCEPTING COMPLETED WORK OF KENNEY DRAPERY INC.
FOR JAMES L. KNIGHT INTERNATIONAL CENTER.
ACCEPTING GRANT FOR FLORIDA STATE FOR THE MENTALLY
RETARDED.
AGREEMENT WITH NATIONAL CENTER FOR MUNICIPAL DEVELOP
MENT, INC. FOR SPECIAL SERVICES/MAN IN WASHINGTON.
I
SELECTION OF ROLANDO LOPEZ DIRUBE FOR MURAL OF
JOSE MARTI PARE.
R-83-633
R-83-634
R -83-635
R-83-636
It-83-637
11-83-638
R-83-639
R-83-640
R-83-643
R-83-644
R-83-645
R-83-646
R-83-647
R-83-648
R-83-649
R-83-650
R-83-651
R-83-652
PAGE ,t 4
83-633
83-634
83-635
83-636
83-637
83-638
83-639
83-640
83-643
83-644
83-645
83-646
83-647
83-648
83-649
83-650
83-651
83-65°
E:
t 1` -
.+
r
IT04 NO.
73
74
75
76
77
78
79
I
I
80
81
82
83
84
85
l 86
87
CUMENT•
INDEX
CONTINUED PAGE
DOCUMENT IDENTIFICATION
AGREEMENT WITH DWNTOWN DEV. AUTHORITY FOR TECHNICAL
SUPPORT SL•'RVICES FOR OVF.RTOWN PARK.
ACCEPTING FINDINGS OF THE CITY MANAGER FOR KINLOCH
SANITARY SEWER IMPROVEMENTS.
AGREEMENT WITH STATE OF FLORIDA FOR EXTENDING THE
ENTRANT ASSISTANCE PROGRAM 1982/1,983.
AGREEMENT WITH THE HAITIAN AMERICAN COMMUNITY
ASSOCIATION OF DADE COUNTY, INC.
ALLOCATING $1.0,000 FROM SPECIAL PROGRAMS FOR THE
COCONUT GROVE CARES, INC.
ORDERING EAST LITTLE HAVANA HIGHWAY IMFROVEMENT-
PHASE I, H-4487.
ACCEPT COMPLETED WORK OF R.L.GOODE, IIIC. FOR THE
.JAAIES L. KNIGHT INTERNATIONAL CENTER.
ACCEPT BID OF R.A. HALPERN,INC. FOR JAMES L.
KNIGHT INTERNATIONAL CENTER.
PETITIONING THE BOARD OF COUNTY COMMISSIONERS
TO ADOPT AN EQUITABLE ALLOCATION FORMULA FOR REVENUES
GENERATED BY THE DISCRETIONARY SURTAX.
AUTHORIZING TRANSFER OF FUNDS TO THE DOhTNTOWN
DEV. AUTHORITY FOR $125,000.
APPOINTING HARVI71Y RUVIN FOR THE BOARD OF DIRECTORS
OF THE DOWNTOWN DEVE. AUTHORITY OF THE CITY OF MIAMI.
ACCEPTING THE BID OF TRI-COUNTY CONSTRUCTION CORP.
FOR UPARR HANDICAPPED ACCESS IMPROVEMENTS PACKAGE
"All.
ACCEPTING BID OF TRI COUNTY CONSTRUCTION CORPORATION
FOR PARK REHABILITATION.
ACCEPT BID OF P.N.M. CORPORATION FOR PARK
REHABILITATION
ACCEPT BID OF SOUTHERN CONSTRUCTION INTERNATIONAL
CORP. FOR HANDICAPPED ACCESS IMPROVEMENTS PACKAGE "D".
0
R-83-653
R-83-654
R-83-655
R-83-656
R-83-657
R-83-658
R-83-659
R-83-660
R-83-661
R-83-662
R-83-663
R-83-664
R-83-665
R-83-666
R-83-667
83-653
83-654
83-655
83-656
83-657
83-658
83-659
83-660
83-661
83-662
83-663
83-664
83-665
83-666
83-667