HomeMy WebLinkAboutCC 1983-05-12 Minutesi
CITY OF MAAMI
I L'3'114 icllfl I
OF MEETING HELD ON May 12, 1983
(REGULAR)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RAL.PH G.. ONGIE
CITY CLERK
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MAY 12, 1983 . MCT (REGULAR)
URGE APPROPRIATE OFFICIALS OF DADE COUNTY TO
INCREASE RATE OF PAY FOR ELECTION WORKERS.
EXPRESS SUPPORT OF PASSAGE OF DOCUMENTARY STAMP
PROPOSAL FOR HOUSING SENATE BILL 56.
BRIEF DISCUSSION: GARBAGE AND TWH.
APPOINTMENTS TO EAST LITTLE HAVANA TASK FORCE. -
RESOLUTION CHANGING THE DATES OF THE CITY COMMISSION
MEETING IN MAY, JUNE, AND JULY OF 1983.
URGE THE PRESIDENT AND CONGRESS NOT TO CAUSt OR
PERMIT DEPORTATION OF PERSONS FLEEING POLITICAL
REPRESSION IN COMMUNIST COUNTRIES:
AUTHORIZE CITY MANAGER THE $2,460. FOR AN EVENT HELD
BY CUBAN MUNICIPALITIES IN EXILE, MAY 20, 1983.
BRIEF DISCUSSION ITEM: DISPLACEMENT OF OVERTOWN
RESIDENTS.
COKIIEND CITY MANAGER AND MEMBERS OF STAFF FOR
INCREASE IN CITY OF MIAMI BOND RATING.
BRIEF DISCUSSION ITEM: SERGIO RODRIGUEZ, PLANNING
DIRECTOR, CONCERNING ZONING CHANGES.
PERSONAL APPEARANCE: MURRAY DUBBIN REGARDING BUS
BENCH AGREEMENT; MOTION TO DEFER THIS MATTER TO
THE MEETING OF MAY 31ST.
INTRODUCTION OF STUDENTS FROM HORACE MANN JR. HIGH
SCHOOL.
BRIEF DISCUSSION ITEM: INTERNATIONAL FOLK FESTIVAL.
AUTHORIZE CITY MANAGER TO ALLOCATE AMOUNT NOT TO
. EXCEED $10,000. AS CONTRIBUTION TO PUERTO RICO
DAY FESTIVAL, JULY 22, 23 6 24, etc.
ESTABLISH POLICIES AND PROCEDURES IMPLEMMENTATION
OF AFFORDABLE RENTAL HOUSING DEVELOPMENT PROGRAM.
AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO
EXCEED $56,364.84 IN CONNECTION WITH 1983
GOOMBAY FESTIVAL.
DISCUSSION AND TEMPORARY DEFERRAL OF RESOLUTION
CONCERNING THE HERITAGE CONSERVATION BOARD DECISION
FOR TREE PERMIT, CULMER GARDEN HOUSING SITE.
(See Label #18). '
RECEIVE, OPEN, READ, AND REFER TO CITY MANAGER FOR
TABULATION BIDS FOR $25 MILLION AND MISCELLANEOUS
GENERAL OBLIGATION BONDS.
PASSAGE OF RESOLUTION CONCERNING THE HERITAGE
CONSERVATION BOARD DECISION FOR TREE PERMIT, CULMER
GARDEN HOUSING SITE.
(This item was previously discussed in Label #16.1).
Nnouurr ON No. I PAGE NO
R-83-364
R-83-365
DISCUSSION
M-83-366
R-83-367
R-83-368
M-83- 369
DISCUSSION
DISCUSSION
DISCUSSION
DISCUSSION
DISCUSSION
DISCUSSION
M-83-370
R-83-371
M-83-372
DISCUSSION
R-83-373
R-83-374
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TO NO. ' MAY 12, 1983 &UC (REGULAR)
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BRIEF DISCUSSION ITEM: TIMETABLE FOR EXHIBITION
CONVENTION CENTER.
BRIEF DISCUSSION ITEM: MID -YEAR BUDGET REVIEW.
AUTHORIZE CITY MANAGER TO ALLOCATE $21,000.
FOR CRIME WATCH SIGNS FOR MISCELLANEOUS
NEIGHBORHOODS. i
DISCUSSION ITEM: RENT OWED BY THE MIAMI DOLPHINS.
RECEIVE AND ACCEPT 1982 FINANCIAL REPORT OF THE CITY.
DISCUSSION ITEM: CONCERNING FUNDS FOR F.E.C. PARK;
(DEFERRED UNTIL LATER).
AWARD $25,000,000. ON MISCELLANEOUS BONDS TO
SOUTHEAST, N.A.
PLAQUES, PROCLAMATIONS, AND SPECIAL ITEMS.
REFER TO MEMORIAL COMMITTEE A REQUEST TO NAME THE
TENNIS CENTER AT MORNINGSIDE PARK IN HONOR OF JOHN
"SLIM" HARBFTT.
FIRST READING ORDINANCE: APPROVE EXPENDITURES
REQUIRED FOR OFF-STREET PARKING FOR OPERATION AND
MAINTENANCE OF GUSMAN CULTURAL CENTER AND THE
OLYMPIA BUILDING.
FIRST READING ORDINANCE: APPROVE APPROPRIATIONS FOR
FY 83-84 FOR THE DEPARTMENT OF OFF-STREET PARKING.
CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF N.W.
20 STREET AREA SIDEWALK IMPROVEMENT H-4437.
ACCEPT RECOMMENDATIONS FOR ANNUAL -REVIEW OF
CABLE -TELEVISION AS CONTAINED IN MEMORANDUM OF CITY
MANAGER.
EMERGENCY ORDINANCE: APPROPRIATE $70,000 TO THE CITY
CLERK'S OFFICE FOR INCREASED ADVERTISING REQUIREMENTS
MANDATED BY CITY COMMISSION AND CITY ATTORNEY LEGAL
OPINIONS.
EMERGENCY ORDINANCE: NEW TRUST AND AGENCY FUND
ENTITLED "STRESS CONTROL TRAINING COURSES FOR POLICE
OFFICERS IN REGION 14".
FIRST READING ORDINANCE; AUTHORIZE ISSUANCE OF
PARKING SYSTEM REVENUE BONDS OF THE CITY OF MIAMI IN
AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING
$16,000,000.
AUTHORIZE CITY MANAGER TO ALLOCATE SUFFICIENT FUNDS
TO ADMINISTER "ROVING LEADER PROGRAM" AS A FUNCTION
OF J.E.S.C.A. TO BE OPERATED BY POLICE DEPARTMENT
COMMUNITY RELATIONS SECTION.
SECOND READING ORDINANCE: AMEND SECTION 2-88 OF THE
CODE, CHANGING THE AMOUNT OF FEES FOR REPRODUCTION
OF RECORDS, PLANS, MAPS, ETC. FOR THE FIRE, RESCUE
AND INSPECTION SERVICES DEPARTMENT.
PAGE # 2
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K SOL LITI ON I PACE NO
DISCUSSION
34-36
DISCUSSION
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M-83-375
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DISCUSSION
39-40
M-83-376
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DISCUSSION 1 42-43
R-83-377 43-44
DISCUSSION 44
M-83-378 44-45
FIRST READING
FIRST READING
R-83-379
M-83-380
ORD. 9613
OftD. 9614
FIRST READING
M-83-381
ORD. 9615
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MAY 12, 1983
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SMCT (REGULAR)
ALLOCATE $7,000 FROM CONTENTION FUND FOR SECOND
ANNUAL CONVENTION OF THE DEMOCRATIC BLACK CAUCUS OF
FLORIDA.
LONG DISCUSSION ITEM AND PUBLIC HEARING CONCERNING
VARIANCES GRANTED FOR CONSTRUCTION OF JACAROL BAY
CLUB. MOTION FAILED. (ACTION OF ZONING BOARL.STANDS).
DISCUSSION, PUBLIC HEARING, 04EReENCY ORDINANCE:
ESTABLISH SPECIAL REVENUE FUND ENTITLED SYNTHESIZED
MEDIA ENVIROMENT SYSTEM FOR PURCHASE OF TRAINING
SIMULATOR FROM SEPTEMBER ASSOCIATES.
WAIVE REQUIREMENT OF COMPETITIVE SEALED BIDS "FOR
ACQUISITION OF TRAINING AND EDUCATION SIMULATOR,
CITY OF MIAMI POLICE DEPARTMENT, FROM SEPTEMBER
ASSOCIATES.
DISCUSSION ITEM: SKIPPING OF NAMES IN GENERAL OF
PERSONS ON PROMOTIONAL REGISTERS ALSO DISCUSSION
OF FIREARMS RANGE ON VIRGINIA KEY.
ACCEPT IN PRINCIPLE A PLAN FOR PROPOSED COMMERCIAL
DEVELOPMENT OF INNER CITY AS SUBMITTED BY AL
CARDENAS.
DEFERRAL OF CONSIDERATION.OF AGREEMENT FOR MANAGING
UNDERWRITING FOR THE AFFORDABLE RENTAL HOUSING
DEVELOPMENT PROGRAM PENDING DEVELOPMENT OF FURTHER
INFORMATION.
DISCUSSION ITEMS:
(A) OFFER OF BUILDING OF TENNIS COURTS AND CLUB
HOUSE ON CITY OWNED PROPERTY ADJACENT TO GRAND
BAY HOTEL.
(B) OFFER OF NEW FOUNTAIN AND ENTRANCE TO CITY HALL,
3500 PAN AMERICAN DRIVE.
DISCUSSION OF POSSIBLE PURCHASE OF BARRICADES USED
IN THE GRAND PRIX RACE.
DISCUSSION ITEM CONCERNING REQUEST FOR FUNDING FOR
JEWISH HOME FOR THE AGED FOR TWO PROGRAMS.
DISCUSSION ITEM: INSTRUCT CITY MANAGER TO AMEND
PROPOSED ORDINANCE CONCERNING MINIMUM LOT REQUIREMENT
FOR OFF-STREET PARKING AND LOADING AND SPI ZONING
DISTRICTS.
FIRST READING ORDINANCE: AMEND ORDINANCE 9500,
SECTION 1556, ENTITLED MINIMUM LOT REQUIREMENTS
FOR SPI DISTRICTS.
FIRST READING ORDINANCE; AMEND ZONING ORDINANCE '
9500, SECTION 1558, ENTITLED OFF-STREET PARKING
AND LODING AND SPI DISTRICTS.
FIRST READING ORDINANCE: AMEND ORDINANCE 9500,
SECTION 1504.5.1, AUTHORIZED VARIATIONS OF ARTICLE
15, SPI DISTRICTS.
PAGE # 3
ORDINANCE OR
KESOLUTION No, PAGE NO
R-83-382 60-61
DISCUSSION 62-83
ORD. 9616 83-92
R-83-383
DISCUSSION
M-83-384
M-83-385
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94-99
100-1C
102-1C
DISCUSSION
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M-83- 386
109-11
DISCUSSION
110-11
M-83-387
FIRST READING
FIRST READINGI
FIRST READING
112-13.
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C14' I STIORfliF&DA PAGE # 4
NO. IMNCI
MAY 12, 1983 vMU (REGULAR) r
oumio N0, JPAX NO
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PERSONAL APPEARANCE: DON TEEMS AND RICHARD SICKING OF
THE FIRE FIGHTERS ASSOCIATION REGARDING INSURANCE,
PREMIUMS, PARTICULARLY AS REGARDS TO PENSIONEERS.
DISCUSSION
135-139
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AUTHORIZE EXPENDITURE OF $7,500. FOR UNDERWRITING
PRODUCTION COSTS OF TELEVISION COVERAGE OF 1983
CHAMPION SPARK PLUG UNLIMITED HYDROPLANE REGATTA
BY ESPN CABLE.
R-83-388
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AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT,
CHAMPION SPARK PLUG COMPANY, FOR STAGING 13TH
ANNUAL CHAMPION SPARK PLUG REGATTA.
R-83-389
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DISCUSSION AND TEMPRARY DEFERRAL: APPOINTMENT -:OF
MEMBERS TO THE WATERFRONT BOARD.
DISCUSSION
140-144
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EMERGENCY ORDINANCE: INCREASE APPROPRIATIONS FOR
F.E.C. PARK ACQUISITION ITEM VI., B-20 TO A TOTAL
AMOUNT OF $20,298,300.
ORD. 9617
144-145
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WAIVE REQUIREMENT OF COMPETITIVE SEALED BIDS
FOR LONG DISTANCE TELEPHONE SERVICES - SUNCOM.
R-83-390
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WAIVE REQUIREMENTS AND PROHIBITION CONTAINED IN CITY
CODE 2-302 TO PERMIT JOSE A GARCIA TO PARTICIPATE IN
THE HOME RENOVATION AND REHABILITATION PROGRAM.
R-83-391
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WAIVE SEALED BIDS AND AUTHORIZE PURCHASE IN OPEN
MARKET OF MAJOR COLLISION DAMAGE REPAIRS TO CITY
VEHICLES FOR CITY DEPARTMENTS.
R-83-392
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WAIVE REQUIREMENTS FOR SEALED BIDS FOR AUTOMATED
DRAFTING AND DESIGN SYSTEM FOR DEPARTMENT OF
PUBLIC WORKS.
R-83-393
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RESOLUTION NAMING INDIVIDUALS TO THE WATERFRONT BOARD
R-83-394
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MOTION RECOGNIZING MIAMI RIVER COORDINATING
ASSOCIATION WITH DESIRE TO JOINTLY PROMOTE GOALS
CONCERNING THE MIAMI RIVER, ETC.
M-83-395
148-151
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PERSONAL APPEARANCE: RAYMOND FOXWORTH, EXECUTIVE
DIRECTOR OF FLORIDA ECONOMIC DEVELOPMENT CORPORATION;
REFERRED TO CITY MANAGER.
DISCUSSION
151-152
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REQUEST FOR FUNDING OF EDISON BUENA VISTA LOCAL
DEVELOPMENT CORPORATION. REFERRED TO CITY MANAGER.
DISCUSSION
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PERSONAL APPEARANCE: DAVID BLANCHARD, EXECUTIVE
,
DIRECTOR OF FLORIDA VIETNAM VETERANS LEADERSHIP
PROGRAM, CONCERNING USE OF OFFICE SPACE FOR
HERDERSON PARK. (This item and agenda item 68
were continued to June 9th).
DISCUSSION
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PERSONAL APPEARANCE: DIANA §CHILLACI, CONCERNING
GREATER NEIGHBORHOOD HOUSING REHABILITATION LOAN
PROGRAM.
DISCUSSION
154-15`
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DIRECT CITY MANAGER TO ALLOCATE $6,000 AS
CONTRIBUTION TO RAS COMMUNITY THEATRE, ALSO KNOWN
AS TEATRO AVANTE.
M-83-396
155-1.5E
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CIiY'ffiiISS10RAFFLORIM
in NO. MAY 12, 1983 SLUCT REGULAR
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AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO
-EXCEED $425.00 AS A CONTRIBUTION TO THE GREATER MIAMI
YOUTH SYMPHONY.
RESOLUTION, AS AMENDED, APPROVED EXECUTION OF OPTION
AGREEMENT WITH GORO INVESTMENTS, INC. AND VEN
ENTERPRISES; SITE OPTION CIVIC CENTER SITE CITY
OF MIAMI AFFORDABLE RENTAL HOUSING,,DEVELOPMENT
PROGRAM.
DISCUSSION AND DEFERRAL OF CONSIDERATION OF '
ACCEPTANCE OF BID FOR POLICE AUTO EQUIPMENT OF
BUILDING AND VEHICLE MAINTENANCE.
APPOINTMENT OF PERSONS TO THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM - PRIVATE•INDUSTRY
COUNCIL.
BRIEF DISCUSSION: BAYSIDE DEVELOPMENT, REMOVE
REQUIREMENT OF PERSONAL LIABILITY IN R.F.P.s
PROVIDING FOR BUY OUT OF RESTAURANT ASSOCIATES
LEASE, ETC.
CONSENT AGENDA
CLAIM SETTLEMENT - LUELLEN RUSSELL AND ANITA RUSSELL.
CLAIM SETTLEMENT-WILBERT GILLEY
CLAIM SETTLEMENT- BESSIE VON ZAMFT.
BID ACCEPTANCE-DADE STEEL SALES CORPORATION
FOR FIVE PAIRS STEEL GATES FOR THE DEPARTMENT
OF PARKS.
BID ACCEPTANCE -UNLIMITED PRESSURES, INC. FOR DIVER'S
AIR STATION. FOR THE DEPARTMENT OF POLICE.
AUTHORIZE LEASE AGREEMENT -WORD PROCESSING UNIT FOR
THE LAW DEPARTMENT.
BID ACCEPTANCE -ATLANTIC RADIOTELEPUONE INC. FUR
ELECTRONIC MARINE RADIO EQUIPMENT FOR DEPARTMENT OF
POLICE.
AUTHORIZE PURCHASE OF 67 PORTABLE RADIO UNITS FROM
MOTOROLA FOR THE DEPARTMENT OF BUILDING AND VEHICLE
MAINTENANCE -COMMUNICATIONS SERVICE DIVISION.
BID ACCEPTANCE -BROADCAST INTERNATIONAL FOR PUBLIC
ADDRESS SOUND EQUIPMENT FOR ORANGE BOWL STADIUM.
BID ACCEPTANCE -FOR FURNISHING HEAVY EQUIPMENT ON A
CONTRACT BASIS FOR ONE YEAR TO DEPARTMENT OF
BUILDING AND VEHICLE MAINTENANCE.
BID ACCEPTANCE -MICROFILM CENTER FOR MICROFILM
DUPLICATION SERVICES AND ENFIELD'.c FOR MICROFILM
SUPPLIES FOR DEPARTMENT OF FIRE, KESCUE AND
INSPECTION.
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KESOWTIONV PAGE NC
M-83-397 157 -
R-83-398
DISCUSSION
R-83-399
M-83-400
R-83-401
R-83-402
R-83-403
R-83-404
R-83-405
R-83-406
R-83-407
R-83-408
R-83-409
R-83-410
R-83-411
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CITYIOO�t�ISSIai ANfT &DA
AUTHORIZE PURCHASE -DESKS AND CHESTS FROM THONET
INDUSTRIES FOR THE DEPARTMENT OF FIRE, RESCUE AND
INSPECTION.
BID ACCEPTANCE-PMS ENTERPRISES'FOR PHOTOGRAPHIC
PRINTER AND ACCESSORIES FOR DEPARTMENT OF FIRE,.
RESCUE AND INSPECTION.
FUND INCREASE AUTHORIZATION-COVERINd'COSTS'OF
ADVERTISING, TESTING LABORATORIES AND POSTAGE FOR
JAMES L. KNIGHT CENTER ENTRANCE CANOPY.
BID ACCEPTANCE -CENTURY CONTRACTING CO. FOR JAMES L.
KNIGHT CENTER -CITY OFFICES.
ACCEPT COMPLETED WORK-L.G.H. CONSTRUCTION CORPORATION
FOR SWIMMING POOL.
ACCEPT COMPLETED WORK -MARTIN VILA AND ASSOCIATES FOR
LITTLE HAVANA COMMUNITY CENTER MINI -PLAZA.
ACCEPT COMPLETED WORK -MET CONSTRUCTION FOR MIAMARINA
AND WATSON ISLAND SAFETY IMPROVEMENTS.
ACCEPT COMPLETED WORK-EBSARY FOUNDATION COMPANY FOR
MIAMARINA AND WATSON ISLAND PILING REPLACEMENT.
ACCEPT COMPLETED WORK -PYRAMID PLUMBING AND HEATING
FOR EDISON PARK POOL SOLAR HEATING.
ACCEPT COMPLETED WORK -CARPET SYSTEMS FOR JAMES L.
KNIGHT CENTER CARPETING PROJECT.
ACCEPT COMPLETED WORK-IRWIN SEATING COMPANY FOR
JAMES L. KNIGHT CENTER THEATER SEATING.
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT MIAMI
CAPITAL DEVELOPMENT INC. FOR THE USE OF $350,226.15
HUD DISCRETIONARY LOAN PROGRAM.
PAGE # 6
DMINANCE
REsoLuTioN�t o, PAGE N01
R-83-412 166
R-83-413 167
R-83-414
R-83-415
R-83-416
R-83-417
R-83-418
R-83-419
R-83-420
R-83-421
R-83-422
R-83-423
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MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 12th day of May, 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 9:20-0'Clock A.M. by
Mayor Maurice A. Ferre with the fd1lowing members of the
Commission found to be present:
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo }
Mayor Maurice A. Ferre
ALSO PRESENT:
Howard V. Gary, City Manager
Jose R. Garcia -Pedrosa, City Attorney
Ralph G. Ongie, City Clerk
An invocation was delivered by Mayor Ferre who then
led those present in a pledge of allegiance to the flag.
Mayor Ferre: We are missing Commissioner J. L. Plummer, as you know, he
had an accident. The accident was caused in typical J. L. manner, because
he went out to help somebody else and could have lost his life. His leg
could have been severed, as it is, he had a pretty bad accident and he is
under doctor's care and he has to have his leg up and he goes through an awful
lot of pain all the time on it. So he is sitting at home listening because
he has been hooked up, he will be wired very soon. So he will be hearing the
deliberations. Now, the way we're going to do this today is as follows: We
will begin our deliberations and we will continue. If there is a request by
Commissioner Plummer or in a particularly difficult matter that a full Com-
mission vote on an agenda, then I will hold up the voting until Plummer gets
here and Plummer will be here for two hours this afternoon. So if there is
an insistance that we have a five member Commission, I will be happy to com-
ply with that request. But I am going to put the following guidelines on.
The four of us that are here are going to do all of our talking now, and I
don't want to, after a hot item, to rehash. the whole thing over again as we
put it off for a vote. So, with your concurrence, I'm going to rule anybody
out of order other than Plummer in the afternoon session when he comes in,
let him do his talking and then we will vote on the items that have been held
up.
On motion duly made and seconded by the City Commission,
the Minutes for the Meetings of February 10, February 24,
March 18 and March 24, 1983 were approved_
91 MAY 1219831.
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1. URGE APPROPRIATE OFFICIALS OF DADE COUNTY TO INCREASE RATE
OF PAY FOR ELECTION WORKERS.
Mayor Ferre: All right, now Commissioner Perez, we will start with you for
pocket items this morning.
Mr. Perez: Mr. Mayor, I have here different pocket items. First, I have a
resolution urging the Dade County officials to increase.the rate of pay for
election workers, the poll workers, in order to properly reflect the increase
Of cost of living. The election workers are making now $40 per day. They
are working about 17 hours in each election and I have this resolution that
I would like to propose today.
Thereupon Mayor Ferre read the proposed res,5�lution into.'the public record.
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
RESOLUTION NO. 83-364
A RESOLUTION URGING THE APPROPRIATE OFFICIALS OF DADE COUNTY
TO INCREASE THE RATE OF PAY FOR ELECTION WORKERS IN ORDER TO
ADEQUATELY REFLECT THE INCREASED COST OF LIVING AND TO MORE
EQUITABLY COMPENSAID ELECTION WORKERS FOR THEIR LABOR.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor J. L. Plummer, Jr.
2. EXPRESS SUPPORT OF PASSAGE OF DOCUMENTARY STAMP PROPOSAL FOR
HOUSING SENATE BILL 56.
Mr. Perez: I have another resolution trying to express the support of the
City of Miami Commission for the passage of the Documentary Stamp Tax pro-
posal for housing before the Florida Legislature now. This was written in
the media today, I think it was approved in the Senate, but I think that it
would be great to have the opportunity to call all the Dade County Delegation.
It would represent about $20,000,000, $25,000,000 that we can use for housing,
public housing in the State of Florida and I think it is vex-1 important that
we express our position on this matter.
Mayor Ferre: Commissioner Perez, the City of Miami and this Commission and
our predecessor Commission has been on record for this since 1978 so all
you're doing is reaffirming what we have, in other words there is a record,
this Commission has passed a resolution in favor of this so all we're doing
is reaffirming it.
Mr. Perez; We instruct also our liaison in Tallahassee to work in that
direction at that time.
Mayor Ferre: All right, I'll make a statement to that effect in a moment.
(TEEREUPON MAYOR FERRE READ THE PROPOSED RESOLUTION, BY TITLE, INTO PU$L
RECORD) . 02 MAY
1 'j+7
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Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Under discussion and for the record, let me once again
reiterate, there was an article in the Miami Herald written by B. Hines
and subsequently on Tuesday an editorial by the Miami News which both the
editorial and the writer of the article, Ms. Hines, referred to me. For
the record, I want to state publicly that I had absolutely no knowledge
of what Barry Kuten was going to do, I was not involved in that and I did
not know about it until after it had occurred. Now, unfortunately, this
thing has been taken totally out of context. I think I have gotten the
record straight but I just wanted to for my fellow Commissioners and on
the record place that into the record. This Commission has been fully
supportive of this, you may recall that in 1975, some of you here, Charlie
Hadley and Alicia ' and others in particular helped pass the $25,000,000
Housing Bond Issue. The City of Miami which has no responsibility, no
responsibility for housing, has nevertheless either built or reconstructed
up to 2,500 living units within the City of Miami since we started doing
this in 1975. So I think we have a record that we can be proud of. We
received substantial monies during the Carter years, this City and its
lobbyist in Tallahassee and the Manager and myself spent innumerable nours,
and were responsible for at least 1,000 living units which we can very
clearly document, we would never had gotten it if it'hadn't been for the
City of Miami's involvement and we're about,, today, to -.'move forward on
1,000 housing units for poor and middle income housing which I think is
going to be a major step forward in the right direction., So I certainly
have no apologies to make for the City of Miami and my own involvement in
public and low cost housing. Further statements, comments, questions?
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
RESOLUTION NO. 83-365
A RESOLUTION EXPRESSING SUPPORT FOR THE PASSAGE OF THE DOCU-
MENTARY STAMP TAX PROPOSAL FOR HOUSING (S.B. 56) BY THE
FLORIDA STATE LEGISLATURE; FURTHER DIRECTING THE CITY CLERK
TO FORWARD COPIES OF THIS RESOLUTION TO THE PRESIDENT OF THE
FLORIDA SENATE, THE SPEAKER OF THE FLORIDA HOUSE OF REPRE-
SENTATIVES, THE FLORIDA LEAGUE OF CITIES, AND MEMBERS OF THE
DADE COUNTY STATE LEGISLATION DELEGATION AND THE DADE COUNTY
COMMISSIONERS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor J. L. Plummer, Jr.
03 MAY 12 t
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3. BRIEF DISCUSSION: GARBAGE AND TRASH.
Mr. Perez: Mr. Mayor, I have received several requests from different parts
of the City in reference to the garbage and trash, the annual fee and I
would like to propose an ordinance amending the Chapter 22 entitled "Garbage
and Trash" of the City of Miami establishing an exemption, providing that
recipients of welfare funds be excused from the payments of garbage and trash
fees during which such welfare funds continue to be received. We have re-
ceived especially from low income people and public housing projects a lot
of requests from people trying to have an exemption at this time on this im-
portant issue and I would like to make this proposal in that direction.
Mr. Carollo: Demetrio, can you hold that pocket item until later on in the
Commission Meeting so that I could have time to study.tite proposal you're
making?
Mr. Perez: Sure.
Mr. Carollo: Do you have something in writing that we'could have to look
at?
Mr. Perez: Yes.
Mr. Carollo: Good, if you could bring it a little later, I'd appreciate
having some time.
AT THIS TIME TINS ISSUE IS DEFERRED.
4. APPOINTMENTS TO EAST LITTLE HAVANA TASK FORCE.
Mr. Perez: Let me make our appointment to the East Little Havana Community
Board that was pending. I would like that the City Clerk take note that my other
appointment is Vicente Valcarce.
Mayor Ferre: All right, there is a motion, is there a second? This has to
be done by Commission vote. Further discussion? Call the roll.
The following motion was introduced by Commissioner Perez, who moved
its adoption:
MOTION NO. 83-366
A MOTION APPOINTING JOSE NAVARRO AND VICENTE VALCARCE TO
THE EAST LITTLE HAVANA TASK FORCE.
Upon being seconded by Commissioner Carollo, 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.
rt 04 MAY 121963
0
5. RESOLUTION CHANGING THE DATES OF THE CITY COMMISSION MEETING IN
MAY, JUNE, AND JULY OF 1983.
NOTE: The dates contained in the resolution which follows were agreed upon by
the City Commission after lengthy discussion.
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 83-367
A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETING
OF MAY 26, 1983, TO TAKE PLACE ON MAY 31, 1983, AT 9:00 A.M.;
FURTHER RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF
JUNE 23, 1983, TO TAKE PLACE ON 3MNE 15,•1983, AT 9:00 A. M.;
FURTHER RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF
JULY 14, 1983, TO TAKE PLACE ON JULY 18, 1983,-AT 9:00 A. 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.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor J. L. Plummer, Jr.
FOLLOWING ROLL CALL:
Mr. Gary: Mr. Mayor, I'm sorry, I may not have talked up quick enough. The
June 23rd date cannot be moved because we have some 30-day advertisement re-
quirements because of that 5% rule.
Mayor Ferre: I'm the one that had problems on June 23rd. So the thing to
do is have the main meeting on June 15th and then those that are here can
come to the June 23rd meeting and I would imagine that is a half hour meet-
ing, isn't it? What is the subject?
Mr. Gary: It should be short.
Mayor Ferre: What is it we advertised that we can't change? (Inaudible Statement)
Well, you tell me what it is.
Mr. Gary: Okay, he's coming in now.
Mayor Ferre: I mean we'll do the main thrust of the meeting.
Mr. Garcia Pedrosa: Are we going to have three meetings in June?
Mayor Ferre: All right, go on.
rt 05
MAY 121983
a
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6. URGE THE PRESIDENT AND CONGRESS NOT TO CAUSE OR PERMIT
DEPORTATION OF PERSONS FLEEING POLITICAL REPRESSION IN
COMMUNIST COUNTRIES.
Mr. Perez: I have a resolution urging the President of the United States
not to permit the deportation of persons that arrive in the United States to
escape from political repression in communist countries.. We have an.....
Mayor Ferre: You have to make that to the Congress. The Holtzman immigra-
tion Bill of 1980 changed that so the laws of the United States are now
changed. You can send all the resolutions you want to the President and
that is not going to do a thing because the law of the country is now differ-
ent. This is called the Eisenhower Clause and it was used for the Hungarian
Freedom Fighters. The 1980 Immigration Bill changed the -law and it removed
that clause, the Eisenhower Clause was remoVbd from the -Immigration Laws of
the United States.
Mr. Perez: What do you suggest, to send it to the Congress?
Mayor Ferre: To the Congress because it has to be, it :should be reinserted
into the Simpson Mozoli bill, the President can't do that. I mean you can
do that if you want but it doesn't mean anything.
tor. Perez: Okay, we rectify it to send to the Congress. I think it is
important to point out that we have.....
Mayor Ferre: Why don't you do it this way: A resolution urging the Presi-
dent and the Congress of the United States not to cause or permit the depor-
tations of persons that arrive in the United States to escape from political
repression in Communist countries?
Mr. Perez: It is important to point out that, in accordance, we have under-
stood there is a lady from Cuba that is waiting for deportation at this time
here in Miami. She came yesterday from New Orleans, she is waiting for the
decision at this time and I think it is important that we send a telegram
today if it is possible, requesting support for this case.
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
RESOLUTION NO. 82• `)58
A RESOLUTION URGING THE PRESIDENT AND OONGRESS OF THE UNITED
STATES NOT TO CAUSE OR PERMIT THE DEIO,.ONTION OF PERSONS THAT
ARRIVE IN THE UNITED STATES TO ESCAPI '?ROD: POLITICAL REPRES-
SION IN COMMUNIST COUNTRIES.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor J. L. Plummer, Jr.
rt 16
MAY 121983
7. AUTHORIZE CITY MANAGER THE $2,460 FOR AN EVENT HELD BY
CUBAN MUNICIPALITIES IN EXILE, MAY 20, 1983.
Mayor Ferre: O.K. Joe?
Mr. Carollo: If I may ask for Hr. Eddy Perdomo to come up. Mr. Perdomo is
the President of the Cuban Municipalities in Exile and they are requesting a
fee waiver for a total of $2,460 for the use of Gusman Hall on May 20th be-
tween the hours of 7 and 11 P.M. at night so that they could have the crowning
of the queens of the different municipalities. So I have made a motion that
we accept the fee waiver for a total of $2,460. Is that correct?
Mr.Perdomo: Yes, $2,460.00
Mayor Ferre: Is there a second.
Mr. Perez: Second.
Mr. Carollo: Again, if I may, I just want to double, correct it for the record.
The full amount as was explained to me is for fee waivers of different service...
i
Mr. Perdomo: I have the breakdown right here in front of me.
Mr. Carollo: Can you read the breakdown? I think that would be....
Mr. Perdomo: Yes, Commissioners. It is $850 for rent,; $150 for insurance,
$175 for ushers and ticket takers, $280 for security,:$185 for sound system,
$145 for lights, $135 for ticket sellers, $540 for union wages, that includes
6 members at $15 an hour, total cost $2,460.
Mr. Carollo: I think it would be best to maybe reword the original motion to
include fee waivers or services.
Mayor Ferre: Okay, we have a motion and a second on this item. Mr. Perdomo,
I just want to tell you and through you to your association and the people
that are here with you. I hear rumors once in a while that some members of
the municipios are complaining about the fact that the City Commission is not
friendly towards the municipios and does very little. I just want to reiter-
ate to you that I know of no other organization in this community black or
white, Cuban or Anglo, women or men, young or old, that gets more attention
or gets things quicker through this Commission than your organization.
Mr. Perdomo: Well, Mr. Mayor, respectfully I'm going to answer to you, we
are a big organization and every people have the right to speak by themselves.
In my own personal manner, I appreciate all the concern of the matter you
take now and before in our organization.
Mayor Ferre: I just want the record to reflect that not once, as Miller
Dawkins, Joe Carollo, J. L. Plummer, Demetrio Perez or Maurice Ferre ever
voted against anything that the municipios have come up here and requested
that's reasonable.
Mr. Carollo: Mr. Mayor, I think on the contrary, what the record will re-
flect is that municipios have always been extremely thankful for the help
that the City has given them and what maybe one or two individual people
might or might not say on their own can't reflect what the officials of the
organizations have always stated publicly. But, if I may, the Manager was
quite helpful, I really think that the best way of doing this, so that there
will be less problems for you all and the City, since we're paying for dif-
ferent services, that instead of making the original motion that was seconded,
if I could, I'd like to withdraw that motion and make a motion where the City
would just contribute $2,460 to your organization and from those moneys then
you pay the different services you have to pay, I think that would be a lot
easier.
Mr. Perdomo: Yes, I agree 100%.
Mayor Ferre: All right, is that acceptable to the seconder?
Mr. Perez: Sure, but I would like to add in reference what you mentioned, Mr.
Mayor, I was in the first, the municipalities was a great event and I tried
to emphasize in all the meetings what was the position of the full Commission
in favor of the Cuban Municipalities, personally I have known the Cuban Munici-
palies for a long time, I was on the executive board of that organization for
07 MAY 121983
0
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several years, I tried to emphasize what was the position of the City Com-
mission, but I think that is important also that Mr. Perdomo and the execu-
tive board of the Cuban Municipalities try to emphasize also what was the
position of this Commission because I know that that is a democratic organ-
ization but it is important that all the representatives for the 126 Cuban
Municipalities know that this Commission is very sensitive to the needs and
to the request of the Cuban Municipalities and I think that is very hard
to promote that understanding.
Mayor Ferre: All right, further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 83-369
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT NOT TO EXCEED $2,460 PURSUANT TO A
REQUEST MADE BY REPRESENTATIVES OF CUBAN MUNICIPALITIES
IN EXILE FOR AN EVENT TO BE HELD AT GUSMAN HALL, MAY 10,
1983, FROM 7 TO 11 P.M. .0
Upon being seconded by Commissioner Perez, the motion was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Tr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor J. L. Plummer, Jr.
8. BRIEF DISCUSSION IT EM: DISPLACEMENT OF OVERTOWN RESIDENTS.
Mayor Ferre: All right, Miller?
Mr. Dawkins: Mr. Mayor, I have just two. Ms. Hodge, would you come forward,
please?
Ms. Anne Hodge: Good morning, my name is Anne Hodge and I'm an Administrative
Assistant with Metro Dade Citizens Services. I have asked Mr. Dawkins to help
me with a problem that I have with some Overtown residents that are being dis-
placed privately. They had until the 5th of this month, and I was able to get
Bonded Rental Agency to accept the rents this month but I don't know what is
going to happen to these individuals next month. So if at all possible, Mr.
Dawkins, I would like your assistance on this.
Mr. Dawkins: The reason I asked you to come before the Commission is that
the Commission and I would like for you to know that we will be doing all
that we can to assit you and you can go back and tell the County that we stand
ready to do whatever that is available collectively with them to get the job
done to help find the housing. so I will take it under consideration with the
Commission and we'll come up with something.
Ms. Hodge: Fine, and thanks a lot.
MAY 121983
rt
a
9. COMMEND CITY MANAGER AND MEMBERS OF STAFF FOR INCREASE IN
CITY OF MIA4I BOND RATING.
Mr. Dawkins: My other pocket item deals with a commendation, I think, that
is in order for the Manager and his staff. I received a memo on the 4th of
May which said that Standard and Poors had increased our rating from A to A+
and I would like to go on record commending the Manager and his staff and us,
all of us for having worked collectively together to present an atmosphere
which the bond raters could look at and not feel intimidated by the old footage
that was shown on the TV of the riots of 1980 and all of -the murders that they
see in the paper and all yet, through all of that the bond raters saw fit to
raise our rating from A to A+, and like the Mayor says, we all are proud.
Mayor Ferre: And I might point out, and I say this with'all due respect,
because the News gave us good coverage on that, but not•pne word about that
in the Miami Herald. low
Mr. Carollo: Well, that's because their reporters have been t)o busy with
plotting some other stories to attack the city next week on.
Mayor Ferre: WP11, I think the point in all of this, Miller, and I want to
commend you and the City, but if you don't mind, let me elaborate a little
bit on what I think is a very important thing. You've` -got to remember that
this City has had the Mariel Refugees three years ago;,we had a major riot,
the Mc Duffy Riot, we've had civil disturbances that have continued, we had
a terrible situation here on December 28th, we've been front page in all of
the newspapers of the world; Standard and Poors and Moody's - was it Stand-
ard and Poors that we got the rating on?
Mr. Gary: Yes, sir.
Mayor Ferre: Took down 60 municipalities, and only increased 30. So
they took down twice as many as they took up. And the City of Miami was one
of the ones that went up. Now, they gave two basic reasons for that: I said
60 and 30, the exact figures are 59 jurisdictions went down and 32 went up.
I simplify things to remember them and it is 59. Now, that is Moody's. Now,
I want to put it to you this way to put it into context. That means millions
of dollars of taxpayers moneys are saved, Ernie, because we have a better
rating by these rating bond houses. It means that the City of Miami is fis-
cally sound. Now, one of the Miami News editorials last week, Howard Klein -
berg or Lou Salome in his column, made mention of the fiscally unsound
position of the City of Miami and there is nothing that we can do, evidently,
to make these people read the positive news about Miami to understand that
things are happening around here. He doesn't even read his own newspaper
that covered the story about the City of Miami improving its fiscal position.
Now, what I wanted to point out is that there are two reasons why the City
of Miami went up, and this has not been said. One was Management factors.
That means that we have, that is Howard Gary and his staff and that this is
a well managed City, and that was the one thing that was placed. And the
second reason why we moved up is because we have a diversity of a financial
base. Now, let me tell you, those that are always complaining about downtown.
Do you know why we have a stronger financial base? Because we're getting more
taxes. Do you know why we're getting more taxes? Because of downtown. That's
right, downtown. So the reason why downtown is important is that as downtown
builds up it gets stronger, Okay? We get more money. Now, where does the
money go? It doesn't go downtown, it goes to the neighborhood parks and it
goes to housing and it goes to economic development and Pantry Pride Project
in Tacolcy,, and it goes to the Police Department and the Fire Department. The
way the City of Miami takes care of its neighborhoods is by getting more money
to take care of its neighborhoods. The way we get more money is by strength-
ening our downtown. So that is the connection and people don't want to under-
stand that. NOw, here it is, here is the rating company and they gave us an
increased rating. Congratulations, Howard Gary and Miller Dawkins and members
of the Commission.
Mr. Gary: Mr. Mayor, there is a third reason why, and you were correct on
the first two, there was a third reason why the bond raters considered us
a credit worthy organization and that is, and I hope this is taken in the
rt
09 MAY 121Q n
a so
proper context. It is the policies that are established by the City Commis-
sion in terms of bringing about economic viability to the City in terms of
this decision as well as the strong decisions they have made in terms of
budget decisions to insure that we can prove to them that we can work within
the 10 mill cap and still have a considerable surplus for emergencies and
that is probably one of the most important criteria they use in terms of
the professionalism and the decision making of this City Commission and the
City Commission should take credit for taking some hard stands in terms of
fund balances, budget decisions and the decisions with regard to improving
downtown.
Mayor Ferre: Mr. Manager, would do me a personal favor and have your sec-
retary send a copy of the memorandum that you wrote to the Commission ex-
plaining all of this and send it to Mr. Howard Kleinberg so that he can
perhaps correct an erroneous impression that he has about the fiscal stand-
ing of the City of Miami?
Mr. Gary: Yes, sir. and I would like to add one other point, Mr. Mayor.
Sometimes there has been criticism in terms of the Mayor.and the City Com-
mission traveling on City business. I would like for you to know, Mr. Mayor,
that one of the factors taken into consideration in terms of our bond rating
going up is the time that you have done on r-wao or three occasions and Com-
missioner Dawkins - no, excuse me, you've done on about 10 occasions, Com-
missioner Dawkins has done it on two occasions, to go up*to Washington and
to explain the City Commission's policy and the direction that you plan...
Mayor Ferre: ,To New York.
Mr. Gary: To New York, excuse me. And that has had a'positive impact be-
cause they feel that the part time City Commissioners:,take from their time
to come up to the bond rating company to explain their interest in the City
that the City must be run correctly by the City Commission.
Mr. Gary: Mr. Mayor, excuse me, since you're talking about the meeting dates,
you asked me to oet an answer for you. We have to anA VA like the staff
to explain why we have to have a meetine on the 23rd.
Mayor Ferre: Go ahead.
Mr. Gary: We have to, I'd like the staff to explain why we have to have a
meeting on the 23rd.
Mayor Ferre: Go ahead.
Mr. Sergio Rodriguez: My name is Sergio Rodriguez, Planning Director. There
are two items that were scheduled for the 23rd, that if they are moved to the
15th might have an effect on the Zoning Ordinance implementation. Those are
the map amendments.
Mayor Ferre: Can they be moved to the 18th?
Mr. Rodriguez: June 18th?
Mayor Ferre: No, sir, not June 18th, July 18th. I have a very simple ques-
tion. Now listen. Okay? You have advertised, you're talking about the zon-
ing changes. Now what I'm talking about, Mr. Perez-Lugones, is changing the
advertised meeting of June 23rd to Monday, July the 18th. Do you have any
problems with extending forward? I'm not going back, I know you can't go to
the 15th of June, can you go to the 18th of July? Do you need a motion?
What's the problem?
10 MAY 121963
rt
0
E
Mr. Gary: Fine, we have no problem.
Mr. Garcia -Pedrosa: Wait a minute, are they going to meet here and hold a continuance
or are they going to readvertise.
Mayor Ferre: Now, if you have to have a meeting on the 23rd I'm just telling
you you'll have to have it with four members present.
11. PERSONAL APPEARANCE: MURRAY DUBBIN REGARDING BUS BENCH
AGREEMENT; MOTION TO DEFER THIS MATTER TO THE MEETING OF
MAY 31ST.
Mayor Ferre: All right, Murray Dubbin, would you step forward, please? You
represent - this bus bench thing has been going on for what, five years now?
Mr. Murray Dubbin: Well, at least two, two and a half.
Mayor Ferre: Well, I remember it going back five years. I think we have gone
through, I think Manolo Reboso was on the CCmmission when we first started
talking about it, we've gone through three Managers and we have a different
Commission here. Now, Mr. Manager, I have a memo here from Clark Merrill to
you that has just been distributed and it says it is recommended that the at-
tached resolution authorizing the Manager to execute a contract between Bus
Bench Company and the City of Miami providing bus benches with and without
advertising in the City of Miami public right-of-way be presented to the City
Commission for its approval, does this have your recommendation?
Mr. Gary: Yes, sir, Mr. Mayor. This is an item that'has been going on for
over a year and a half.
Mayor Ferre: A year and a half? I remember five years.
Mr. Gary: Well, two years for me. We first advertised for the bus benches
and bus shelters with lighting. The firm with the bus shelters with lighting
decided they were no longer interested and we had left the bus benches. We
had to negotiate and fine tune the specifications that exist in this current
resolution and we have resolved those issues and we are
we allow the firm to put up 500 bus benches with $55,000 revenue to the City
and this is without advertising. This was the successful bidder.
Mayor Ferre: Mr. Manager, let me ask you this question: We've been....
Why has it taken so long to bring this finally to a head? Walter, have you
been following this?
Mr.Walter Pierce:Yes, unfortunately. On several occasions we met and negotiated
and finally the agreement was ready to be done, it was signed by the Bus
Bench Company back at the end of February. The City Attorney approved it
after that but most of that time prior to February we spent negotiating.
Mayor Ferre: I've got two questions. Mr. Manager, what has happened to the
covered shelters?
Mr. Pierce: There was only one qualified bidder of two who submitted bids
back in '81. That one company was Convenience and Safety later was sold to
Ackerly Advertising,and Ackerly,upon assuming all the liabilities and assets
of Convenience and Safety determined that they could not make a profit based
on the minimum bid specs.
Mayor Ferre: So they have no interest.
Mr. Pierce: No, they notified us.
Mayor Ferre: So the only thing we've got now is benches. Now, I've got an-
other question for you. In Coconut Grove in front of Cozzoli's there are
five benches and I know that that happens to be a lot of young people
congregate there. Unfortunately, some of them are smoking the wrong brand
of cigarettes and taking the wrong kind of pills and they get tired. Now,
I think we ought to kind of cover that place and maybe we can name it after
J. L. Plummer so we can honor somebody who requires, who should be honored
and formalize it as a dormitory or something. Now, the question I have, Mr.
Manager is who is responsible for these benches and why in the world do we
need five benches in a place that we know is going to end up being a sleeping
quarter for all these people that are derelicts and drifters and the people
that shouldn't be sleeping there?
rt 11 i,P(�Y 1219W
44
Mr. Carollo: I second the motion we name it after J. L. Plummer.
Mayor Ferre: Now, whose benches are these and how can we get them removed?
Mr. Dubbin: Your honor, most of the benches belong to Rent -a -Bench, it is
a company that is putting their benches in the City of Miami, we believe im-
properly, and we would hope that the City would remove them.
Mayor Ferre: Mr. Dubbin, let me ask you this question: If we approve this
today, what is the City's position with regard.... Are these people putting
up illegal benches in the City of Miami?
Mr. Gary: Mr. Mayor, let me respond. Once we execute this agreement we
have identified those places where bus benches should be. This firm will
be responsible for those bus benches and all those other firms have to re-
move their bus benches.
Mayor Ferre: The only requirement that I have, Mr. Dubbin, on this particular
issue is that in areas where we have a propensity for winter drifters, now,
for example, over on Biscayne Boulevard in the vicinity,o€ the Howard Johnsons'
that's another place where every evening t4a re must be -twenty of these bums
that come from the north part of the United States, they get their meals at
Camillus House and they have a little ranger where they drift. They go to
the park and then they panhandle around Biscayne Boulevard. But those benches
in those particular places are really.... See, what happens is this. Let's
take Coconut Grove. The people that use the bus system will not sit on those
benches because these drunks and these drug addicts are hanging around using
them. So what they do is they go into the shops like-Cozolli's and they hide
because that it is safer in there. They're not consuming any food or buying
anything from the stores, but they're using it as a place to get away from
these drug people and so what happens is the bus benches for the bus riders
are not used by bus riders, they're used by people that are using them in-
appropriately. So my point to you is I realize that there is going to be a
temptation because this is a commercial venture, you're not doing this for
fun, you're doing it to make a profit, but please, in areas where there are
drifters, drug users and derelicts and drunks, please let's refrain from
putting up bus benches because it doesn't do a thing for you and it certainly
does a lot of harm to the City.
Mr. Dubbin: Mr. Mayor, my clients recognize that. The contract puts very
strong responsibility on my clients, on Bus Bench Company, to actually locate
benches at bust stops and that is their responsiblity. This contract is ad-
ministered really directly by the City Manager's Office so I think this con-
versation will put the Bus Bench Company and the City Manager's Office in a
position to work together to solve the problem that you're talking about.
Mayor Ferre: Counselor, the purpose for my discussion now is that I want to
put it on the record so that if we get into a discussion five or ten years
from now or if your client sells the company, for example, I don't want some-
body tolfour years from now say, "Well, listen, we have, you know, you gave
it to us and we've got a right and we're putting up bus benches in these
places". And, Mr. Manager, I'm just saying on the record that I am voting
for this on the premise that the administration, you or your successors in
the future/have the right to determine with this company if a place becomes
inappropriate for usage as bus benches I want this resolution, I'm sorry, I
want the final agreement for bus benches to clearly reflect that the Manager
has the right to inform the company, Bus Benches Company, a Florida Corpor-
ation at 475 East Okeechobee, Hialeah, or its successors, that a particular
place�is inappropriate for whatever reasons the City decides and we will
give them a substitute location at our discretion.
Mr. Gary: Mr. Mayor, that is a good point, and if I may, you and I talked
about that and as a result of our discussions I included in the contract a
provision that says that the City Manager has a right to designate locations
and to change locations based on that type of criteria.
Mayor Ferre: Does anybody have any problems with that?
Mr. Carollo: I have two questions. One is how many benches are we talking
about altogether?
Mr. Dubbin: We're talking about 1,000 benches which would contain advertis-
ing and 500 benches which are public service benches.
Mayor Ferre: And we're going to get $61,000 per year.
12 MAY 121983
rt
a
Mr. Gary: $55,000.
Mr. Dubin: $61.25 a bench for begining advertising, of course you don't have 100%
filled at all times. You're also getting 1% of the gross revenues.
Mayor Ferre: And we're getting 500 benches with no advertising.
Mr. Dubbin: Free. Correct. Those are public service benches.
Mr. Carollo: And out of the 500 that will have advertising.....
Mr. Dubbin: 1,000.
Mr. Carollo: 1,000 will have advertising and 500 will not.
Mr. Dubbin: That's correct.
Mr. Carollo: So it will be a total of 1,500 benches.
Mr. Dubbin: That's right.
Mr. Carollo: Out of the 1,000 that will have advertising, 5% of those will
be reserved for public service messages.
Mr. Dubbin: That's correct.
Mr. Carollo: Okay, I have another question.
Mr. Gary: Commissioner Carollo, just for your information, there will be no
advertising on benches in residential areas.
Mr. Dubbin: That has been the rule for many years.
Mr. Carollo: The area that I have concern in is that a lot of these benches
sometimes when they are placed in one location, people for their convenience
particularly if it has an advertisement that they're in favor of or against
of they'll move it around to suit their purpose. Some of the elements that
the Mayor has been talking about will throw the benches in the street in
other locations, what I would like to see is if we could work something out,
and I don't think it will be all that expensive, to place the benches at what-
ever location that the benches will be placed, that we tie them down permanent-
ly so that they cannot be pulled or moved somewhere else.
Mr. Dubbin: Mr. Carollo, the problem you talk about is a greater problem
for the company than it is for the City because they consider themselves a
well managed company and when part of their property is injured in the manner
that you're talking about, being knocked over, sometimes vandalized in worse
ways, have somebody take a chain saw and run through the back of it, pull it
apart, there are all sorts of ways, it is a terrible problem for them and
they are trying to address themselves to it. Having the bench chained down
to the particular location does not solve the problem.
Mr. Carollo: Well, I think it would go a long way in solving the problem, it
won't solve all of it, I agree with you, but I think it would go a long way.
Mr. Dubbin: Mr. Carollo, your Manager has a great deal of direct adminis-
trative control over the administration of this agreement including the
problem the Mayor raises, including the problem that you have raised. The
Manager has exercised this control in the relationship, and the Bus Bench
Company and the Manager have worked very well together and we would hope to
continue to work well together.
Mr. Carollo: Well, counselor, I respect your opinion but we're talking about
something that can possibly affect the safety and welfare of some of our citi-
zens including some of our police officers that might end up getting a bench
thrown over their head, I have to be very careful of what I vote for. So,
if we are not in agreement on installing the benches down permanently, and
I don't see any other compromises that are acceptable or any other areas
that would enlighten me to the contrary, I'm just going ask for this item
to be deferred until I have the opportunity to meet with yourself , other
members of your company and the Manager.
Mr. Dubbin: Well, if that is what you want, of course, that's fine. I would
hope that you would withdraw that request. Let me explain to you, for example,
rt 13 MAY 121983
you're going to have difficulty, I think, in securing these benches to some of
locations where they're situated.
Mr. Gary: Commissioner Carollo, your point is well taken. The client here
does not have the right to make that decision. I have received the order
from you in terms of your intent and I have to follow that because you pay
me as City Manager and that request will be honored.
Mr. Carollo: In other words, are you saying that all the benches will be
placed in a way that they will not be able to be removed from the location
that they'll be placed in?
Mr. Gary: That's correct, except in those cases where you have grass or
dirt, you know, some of them are on the right-of-way where there is grass
and dirt and we would try to come up with a mechanism in those particular
cases to come with some mechanism to secure it and I agree with your posi-
tion and we will implement that with the contractor.
Mr. Carollo: Mr. Manager, what I would like to see first of all, if I may,
is some of the locations that you're planning on placing these benches.
For instance, if you already have all the locations that they're going into,
out of the locations that you have, what percentage of,those would be loca-
tions where you have concrete, what percentage are locations where you have
dirt? In my estimation, from what I've seen, I usually have seen that 99%
of all the bus benches that I've seen throughout Dade County are placed
where there is concrete. So, before I jump into something that I don't
have all the facts before me, if this waited from the days of where Manolo
Reboso was here, you know Manolo Reboso, he still has..some good points every
now and then. I'd like to see why this was held up so much and I would like
to have the opportunity to sit down with you and go Oyer it more in detail
and if the gentleman would like he could come back at the very next meeting
that we have and I'm sure we can take care of it then.
Mr. Gary: If I may, Commissioner Carollo, I would like to recommend that it
be adopted subject to those conditions that you requested.
Mr. Carollo: Is there a major reason why we have to approve this today?
Mr. Gary: Let me tell you the reason why. First of all, we've got a lot
of illegal benches in town and they're all cluttered up.
Mr. Carollo: Well, we could get rid of those illegal benches right now.
Mr. Gary: Well, we don't want to incur that expense because it is going to
require a lot of manpower, he is going to have to do it with his manpower
to remove all those benches.
Mayor Ferre: Plus every day that goes by is money we're not making plus
they're putting more and more illegal benches, and I'm going to tell you
something, I'm getting phone calls now on a weekly basis. Yesterday was
from this guy at Cozzoli's complaining about the fact that he was going to
have to sue the City because he doesn't get any, you know.... So I think
we need to go clean this place up.
Mr. Carollo: I agree, we could start doing it at the next Commission Meet-
ing of May 31st.
Gary: Secondly, Commissioner Carollo, they have arranged for their
financing which we don't want to jeopardize in terms of the bus benches....
Mr. Gary: Howard, look, this whole thing might be a hundred percent fan-
tastic for the City, I just want to take the extra time to make sure that
we're going about it the right way. I haven' had all the information before
me, I just a few minutes got thrown some additional information that I
haven't even been able to read.
Mayor Ferre: All right, let's move along. We have a request now from a
member of the Commission that this item be deferred until the next....
Mr. Carollo: I'm sorry, counselor, that you're going to have to come back
one more time but I think we will resolve it when you come back.
Mayor Ferre: Are there any problems on this? Murray, do you want to say
anything else, or Uncle Charlie or anybody? Uncle Charlie, we've got a
lot of things so just very short.
rt 14 MAY 121983
Mr. Charlie Hadley: Mr. Carollo, I'm a sick man. I left the things I had
to do to follow my family here and these people have only been in town
yesterday, they were the founders of this town and what you have heard here
today, Mr. Carollo, if it takes you to the next time you run for office you
are not going to find a better City Manager, you are not going to find a
better program they have for the community as a whole. Wait, listen to me,
Mr. Carollo. I'll sit down. The only thing is we need to get this out of
the way now, 21 months or 2 years is too long, Mr. Carollo.
Mayor Ferre: Mr. Hadley, all that Commissioner Carollo is saying is that
we'll take it up in two weeks and solve it. Yes, sir.
Mr. Ernie Fannatto: Honorable Mayor and members of the Comnission, Ernie
Fannatto is my name and I'm President of the Taxpayer's League of Miami and
Dade County. I think the sooner you get these benches under way you're
better off.
Mayor Ferre: We'll do it on the 28th.
Mr. Fannatto: .... you need the revenue, it is a reliable firm. I'd do it
and do it quick.
Mr. Carollo: There is so much revenue flying around that I just want to
make sure that we all get it together.
Mr. Perez: Mr. Manager, I would like to clarify for that Commission Meeting
what is the policy for the City in reference to the political advertising
on the bus benches? I have understood that they don't -accept political ad-
vertisments on the City of Miami bus benches.
Mayor Ferre: Good.
Mr. Perez: Would you clarify that?
Mr. Gary: Right now there is no prohibition against political advertisement
on the bus benches. I refer to you a statement I made to you earlier, however,
that there will be no advertisements on any bus benches in residential areas
so there will not be any political advertisment or any advertisement at all in
residential areas but that is not a prohibition in those areas where you can.
Mayor Ferre: Anything else on this item?
Mr. Perez: I don't think that is only in residential areas, I think that they
don't accept any kind of political advertisements in the City of Miami.
Mayor Ferre: That must be a policy matter of the company, I happen to concur
with it.
Mr. Perez: That is a policy matter of the company or the City?
Mayor Ferre: Not the City.
Mr. Gary: The way the contract is written, it is not the City right now.
Mayor Ferre: Dr. Theede, when you become Mayor you can do all these things
but in the meantime let me run the meeting.
(INAUDIBLE BACKGROUND STATEMENT NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: That's fine, and I'm glad and I concur and I'd like to get rid
of all political advertising frankly, they clutter up the streets and they
ugly up the posts and then everybody leaves them there for a year. We ought
to pass a law against all political ads.
Mr. Dubbin: I wonder if it is possible, Mr. Mayor, for me to, when you have
a break, hopefully I could talk to Mr. Carollo and fill him in on the past
two and a half years.
Mayor Ferre: Now, Mr. Dubbin, I'll tell you that is between you and Commis-
sioner Carollo. If he wants to bring it back up again that's find with me.
Now, as far as I'm concerned, this item will come up on a regular scheduled
basis on the 31st of May which is our next Commission Meeting.
rt 15 MAY 121983
12. INTRODUCTION OF STUDENTS FROM HORACE MANti JR. HIGH SCHOOL.
Mr. Dawkins: Mr. Mayor, we have some students from Horace Mann Jr. High. Mrs.
Trotman. Mr. Mayor, will you welcome these students on behalf of the City,
please?
Mayor Ferre: I would like to especially make a special mention of the Mayor
of the student government is Miss Dalzell Adams Here? Well, I'll tell you I want
to recognize you in particular. And is Commissioner Ferrar and Commissioner
Walthour and is Manager Rena Ferrar present? Where is the Manager? Let me
see. I'll tell you, I kind of like her more than the one we got and is City
Clerk/Secretary Rebecca Cardona here? All right. Now, would you look and
gee if that chair is sufficient. And we have about 30 ldbbyist. So why
don't the lobbyists raise their hands. Oh, my goodness. All right, ladies
and gentlemen and student government member,;.of the Horace Mann Junior High
School and their sponsor Mrs. on behalf of the City of Miami we
welcome you here, we thank you for your presence. You wish you well and I
think it is very important that you take from your busy schedule of time to
do this and that the students come here to see local government functioning.
Thank you for sharing this with us.
13. BRIEF DISCUSSION ITEM: INTERNATIONAL FOLK FESTIVAL.
Mayor Ferre: All right, Mary Borden. Mary, we're not going to get a dance
here, are we? I see Carmen Miranda and the Marimba Band here. All right,
Mary, what can we do for you?
Ms. Mary Borden: Good morning, Mr. Mayor, City Commissioners and City Manager.
I came here this morning with a small difficulty and I'm very happy to say
that I spoke to Mr. Howard Gary, our esteemed and I think attractive, pleasant,
generous City Manager who handled it for us and so we're very happy that it -
has all been resolved. He was very nice and we thank him and the City and,
of course, I would like to take two seconds to say that, of course, this is
the official opening day of the City's own International Folk Festival to
which all of you gentlemen, the Mayor, the City Commission and, of course,
the City Manager and members present, we'd like you all to come down and
really enjoy and take advantage of this item because it reflects the complete
Miami community. we would like you to take a look at the beautiful representa-
tion here in the front line and we want everyone to know that we all believe
in the slogan "Miami is for me." We all give our time as a volunteer group
because we really believe in the City of Miami and we think we're doing some-
thing really terriffic. Thank you and I'd like you all to give a little
round of applause to our very hard working committee. Thank you.
Mayor Ferre: All right, thank you.
16
MAY 1219$-
rt
i
a
14. AUTHORIZE CITY MANAGER TO ALLOCATE AMOUNT NOT TO EXCEED $10,000
AS CONTRIBUTION TO PUERTO RICO DAY FESTIVAL, JULY 22, 23 & 24,
etc.
Mayor Ferre: Alicia Baro, Puerto Rican Day Festival. How come you're not
all dressed up, Alicia? First of all, ladies and gentlemen, I'd like to
publicly commend Alicia Baro. Every month Alicia gets a new award or she
becomes a vice-president of a national organization. Her most recent two,
listen to this, in a couple of weeks she will be a Doctor in Sociology, she
is going to get an honorary degree at a Puerto Rican University which I think
is a great honor to this community as a whole and to Alicia particularly, and
Alicia, the fact that a university is recognizing you for the wonderful work
you have done in Miami is certainly something that we're all proud of and
share with you.
Mrs. Baro: Thank .0
you.
Mayor Ferre: Secondly, Alicia last week was the recipient of the National
Urban Coalition, Carl Coleman is the President, National Urban Coalition and
Alicia was one of the national recipients for public service. Carole Ann...
isn't Carl...: What's his hame again?
Mrs. Baro: Carl Holeman, but that has nothing to do with the Urban League.
Mayor Ferre: No, I know. Carl Holeman is the Urban Coalition, and Alicia
was the recipient of one of the national awards.
Mrs. Baro: The Distinguished Community Services Award for 1983.
Mayor Ferre: For the Country! So I think it is very important that all of
us here should share in the pride that we have right here somebody who has
received a national award for community public service. Won't you join me
in congratulating her.
Mrs. Baro: Thank you very much. I think it is beautiful that with all the
bad publicity we get around the country that they chose someone from Florida
to give this award to.
Mayor Ferre: You know, I was surprised that we didn't get any press cover-
age here locally.
Mrs. Baro: So was I.
Mayor Ferre: Well, you shouldn't really be too surprised. All right.
Airs. Baro: Well, Mr. Mayor, I'm back again this year, Mr. Mayor and Mr.
Commissioners. As you know, we put on a three-day Puerto Rico Day Festival
and last year for those of you that were there, it was a tremendous success.
You were very generous last year and this year I'm requesting again your sup-
port in'view of the fact that things are higher, everything costs a little
more and I wanted to request the Commission to grant the committee a $10,000
item for this three-day festival. We're having an exhibit of arts and crafts,
we're having a film festival....
Mayor Ferre: When is this going to be?
Mrs. Baro: July 22, 23 and 24th.
Mayor Ferre: Well, we certainly do this as we will in a moment be doing it
for Goombay, we do it for the Cuban community, we do it for folk festivals
and all of that so I certainly would be supportive.
Mrs. Baro: And along with that goes the use of the Bayfront Park Auditorium
for the July 24th.....
Mayor Ferre: That would be included as part and parcel of the $10,000?
rt 17 KA1 2 le +9
��
Mrs. Baro: No, I'm asking for the same rental
rental that the City gave us plus, I want you
pay the technicians and the equipment and the
that we do pay.
as last year. We pay the
to know we pay services. We
police and the insurance,
Mayor Ferre: All right, what is the will of this Commission?
Mr. Carollo: I make a motion that we approve it.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 83-370
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLO-
CATE AN AMOUNT NOT TO EXCEED $10,000 AS A CONTRIBUTION TO
THE PUERTO RICO DAY FESTIVAL TO BE HELD JULY 22, 23 AND 24,
1983; FURTHER DIRECTING THE CITY MANAGER TO ALLOCATE AN AMOUNT
EQUAL TO ONE DAY'S RENTAL OF THE CARIBBEAN ROOM AT BAYFRONT
PARK AUDITORIUM ON JULY 24, 1983 TO BE USED FOR THE PUERTO
RICO DAY FESTIVAL. r'
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 and Vice -Mayor J. L. Plummer, Jr.
Mrs. Baro: Thank you
15. ESTABLISH POLICIES AND PROCEDURES IMPLEMENTATION OF AFFORDABLE
RENTAL HOUSING DEVELOPMENT PROGRAM.
Mayor Ferre: The last item that I have as a pocket item is a resolution estab-
lishing certain policies and procedures with respect to affordable housing and
to affordable rental housing development program authorized by the Manager to
request Metropolitan Dade County to initiate condemnation proceedings if nec-
essary to secure project deveopment sites and directing the City Manager to
publish a developer invitation for proposals, appoint a selection committee,
and submit recommendations to the City of Miami. Mr. Manager, could we have
somebody, the appropriate person from staff to answer some questions?
Mr. Gary: Yes, sir. Mr. Jerry Gereaux, Assistant Director of Community_
Development.
Mayor Ferre: Mr. Manager, as you know, in 1975 we passed a $25,000,000 bond
issue. Now, we have used some of those moneys but we have been kind of wait-
ing for federal matching funds, we never got that and now we've come up with
a program to build 1,000 units. This thing has been going on also for a
couple of years and I know we've had some problems and we've been stumbling
along. The thing that concerns me is that it keeps on dragging. Now, I
know we are on the verge of a breakthrough but I've been hearing that now
for the last three or four months. It's, you know, "We're almost there, we're
on the verge...." Now, I would like to kind of grab the bull by the horns
and I want to say on the record that this had absolutely nothing to do with
Bea Hines' article on Monday, it has nothing to do with Carrie Meeks or what
is going on in Tallahassee, this was something that was strictly done, you
and I met before all this happened, Jerry, you and Dena and I met before
this thing with Barry Kuten got unraveled. Now, the point I'm trying to make
is this: We need to set a date, Mr. Manager, for the RFP to go out. Now,
that date is determined, as I understand it, it is predetermined because we
have a validation proceeding before the Circuit Court and which is the 16th
of July?
rt ZS MAY 121983
& 0
Mr. Jerry Gereaux: The validation hearing in Circuit Court, Mr. Mayor,
is next Monday, the 16th of May.
Mayor Ferre: But then there is a 60-day waiting period.
Mr. Gereaux: There is a 30-day period in which anybody is free to make an
appeal on court's judgement.
Mayor Ferre: And if there is no appeal then we're free to proceed.
Mr. Gereaux: That's correct.
Mayor Ferre: There is a question, as I understand it, Mr. City Attorney, as
to constitutionality. The issue is whether or not we can use ad valorem bond
money on housing to, in the form that we're proposing to use it and it looks
like we're doing all right and it looks like we might win it but we don't
know until the 16th until the court finally decides and then there is a 30
day waiting period. But beyond that, it is no stronger whether it is approved
at the Circuit Court level rather than the Supreme Court level, is that right,
the legal standing is the same?
Mr. Garcia -Pedrosa: I'm not sure what you mean by no stronger.
Mayor Ferre: What I mean is that if 5 years from now somebody sues the City
of Miami on a constitutional issue, the fact that we went through a lower
appellate court, I mean that is good enough, isn't it?,'
Mr. Garcia -Pedrosa: Sure, that would protect the City. But the issue has
not been, the appeal has not been filed, Mr. Mayor, that is what he is saying
and we want to wait until the appeal period runs out.
Mayor Ferre: Who's appealled?
Mr. Garcia -Pedrosa: Well, the State Attorney's Office has raised the issue.
Mayor Ferre: No, look. We won in the lower court, right?
Mr. Garcia -Pedrosa: Right, but they raised the issue....
Mayor Ferre: Somebody, the State Attorney has the legal obligation, if they
see fit, to raise the issue.
Mr. Garcia -Pedrosa: That's right.
Mayor Ferre: As of May 16th, which is Monday, they have not raised the issue.
Mr. Garcia -Pedrosa: That's correct.
Mayor Ferre: Now, they do have beyond May 16th 30 days.
Mr. Garcia -Pedrosa: That's right,
Mayor Ferre: So what I'm saying is I don't wait until June 16th to do this,
Mr. Manager, I want to do it today so that when June 16th comes around we're
ready to go forward. And what I'm basically saying is (1) that we go to a
single underwriter which I understand is your recommendation, and that a
single bond counsel for the whole thing rather than to chop it up into little
bits and pieces which gets into patronage problems and all this other stuff
which I think we need to avoid like the plague. I really want to get that
behind me so that there are no problems. And then, this is for the purposes
of marketing the Mortgage Revenue Bonds to be issued in connection with Af-
fordable Rental Housing Development Programs, to provide legal services in
connection therewith and (2) Mr. Manager, this would authorize you through
Metropolitan Dade County to initiate condemnation proceedings if necessary
because as you know, some of the properties we have identified, unfortunately,
are now beginning to say, "Well, we need more money", you know, and we need
to tell them, "Fellows, we're interested, we're serious, we want to negotiate,
but if you don't want to we need to get housing in this community, we need to
move along". Thirdly, the Manager is authorized and directed to publish in
accordance with established City policy a developer invitation for proposals
as soon as possible subsequent to the validation which is June 16th, right?
A thirty day waiting period. And fourthly, the developer invitation for
proposals shall provide for the submission of proposals by project sponsors
for one or more of the project's developed sites and shall provide for a
60 day advertising period. Now, that's not what you and I agreed on. No,
rt 19 MAY 121983
i
sir, Mr. Gereaux. We said if we were going to put the RFP out sometime
in June and give the people 60 days to bid so that the bid day would be some-
time in August. Do you remember that?
Mr- Gereaux: I believe at that time we mentioned that, yes, late August or
the first part of September. I've got it worked that way, I think.
Mayor Ferre: Mr. Gerreaux, you say a 60 day advertising period, you don't
mean that I don't think, Mr. Gereaux.
Mr.Gereaux: Yes, the way it is structured here, it would be any time after
that 30 day period which we could publish any time after June 16th and we
had also agreed that 60 days would be an adequate time, but I see no reason
why we couldn't shorten that.
Mayor Ferre: You're not listening to me. Now listen to me. That's what
you're saying and I agree with what you're saying but that's not what this
says. This says you will have an advertising period of 60 days. I don't
think you mean that, do you? Mr. Gerreaux, I'm not arguing with you, I
agree with you, Mr. Gerreaux, I disagree with the way'ybu wrote it. You
made a mistake. i
Mr.Gereaux: I understand.
Mayor Ferre: You got me now?
Mr. Gereaux: Yes.
Mayor Ferre: What I'm saying is 30 days after June 16th is fine, but I want
that out for an RFP no later than July 16th and I want it back no later than
60 days later so that in September we have a bid. Do you follow me?
Mr. Gereaux: Sure.
Mayor Ferre: Then I want 15 days for the administration to analyze it and
bring it to the Commission for a vote. I would like to hve this behind us
either in September or October. Okay? Now, lastly, the City Manager is hereby
authorized and directed to appoint a selection committee to evaluate proposals
received in response to the above mentioned petition, such a committee to have
two weeks time in which to make recommendations to the Manager. Lastly, that
the Manager be directed to submit his recommendations regarding project sponsors
to the City Commission on or before the second City Commission Meeting in
September. Mr. Manager, I think this meets all your requirements and I would
like to on the record ask you if the administration is supporting this.
Mr. Gary: Mr. Mayor, we support it 100% and we recognize the need to get
this done and we will do everything to meet these requirements.
Mayor Ferre: All right, Carol Anne, would you do me a favor and see if we
can get the other members of the Commission here so we can now vote on this?
Mr. Perez: Mr. Mayor, would you clarify, as you remember, I mentioned a
similar problem several months ago and at that time, I think that you pointed
out something that created a conflict of interest with the Dade County Housing
Department, that it was impossible to obtain federal grants for the City of
Miami Housing Program in accordance with the County on these federal regula-
tions. What is the difference in principle between this project and the
other issue that we mentioned before?
Mayor Ferre: Mr. Gerreaux, do you want to answer the
The question is the City of Miami in 1967 turned over our Housing Authority.
The simple answer, can elaborate on it, and Mr. City Attorney, you can elabor-
ate on it, the simple answer is that we cannot deal with anything that we
turned over. What we gave away and that Mel Adams is sitting back in the
back row there, is in charge of in Metro and does such a good job of, we can't,
we cannot without his permission, without Metro's concurrence involve ourselves
in public housing. We are precluded. We can get the money and give it to
Metro and they can do public housing, we can go up to Washington like I did
during the Carter Administration and get grants in Section 8 and Metro puts
housing in the City of Miami but the City of Miami cannot do it, we're pre-
cluded. Now, this is a completely different program. What this is is for
the last two years, and you voted on it three or four times, we said we have
$18,000,000 left in the bond issue, what in effect we're doing is we're putting
that in to buy land and then we're letting the private sector come in and bid
20 MAY 12 i983
to build 1,000 living units in Miami for low and moderate income which in turn,
you explain the rest of it, Mr. Gerreaux.
Mr. Gerreaux: Okay, this will be, in essence, what we're doing is acting
like a financing institution for the development of this 1,000 units of
rental housing to be developed on scattered sites. Essentially, we're a
bank. The housing will be privately developed, privately owned and privately
managed. The public housing program that was referred to by the Mayor is
something that is governed by federal law and by federal law because the City
did turn over its public housing development authority powers as part of the
Metro Dade reorganization, the City cannot build public housing, the same kind
of public housing that Mel Adams is responsible for.
Mr. Perez: How this selection committee would be constituted, how they
choose the members, it is said that they are supposed to be appointed by
the City Manager's Office?
Mr. Gerreaux: That's correct.
Mr. Perez: What kind of guidelines, how many members does it have? What
is the idea? .01
Mr. Gary: The committee's purpose is to evaluate the proposals and make
recommendations to the City Commission in terms of those firms' proposals that
are in the best interest of the City. It usually is make up of a cross-section
of experts, namely financial, namely persons who insurO that minority partici-
pation is included, someone who is an expert in housing, someone who is expert
in legal matters to insure that all components of the program are evaluated
properly and adequately.
Mr. Perez: How many members?
Mr. Gary: It usually is about 5 to 7 members.
Mr. Perez: About 5 members, well, I think, Mr. Mayor, that it would be im-
portant that the City Commission also have the opportunity to appoint some
members to this Commission. I think that this is a very sensible issue in
this area, we have a shortage in housing.....
Mayor Ferre: By law we are precluded from doing that.
Mr. Gary: Your decision is made after we make the recommendation, that's
when you make your decision, see.
Mayor Ferre: See, the way the procedure goes is the Manager appoints an
evaluation committee, they report to the Manager, the Manager reports to us,
he recommends to us and then we decide whether we accept it or don't accept
it.
Mr. Dawkins: I have one question, Mr. :Mayor.
Mayor Ferre: Go ahead.
Mr. Dawkins: This is affordable housing?
Mr. Gary: That's correct.
Mr. Dawkins: This is not lower rent housing.
Mayor Ferre: It's not rent at all.
Mr. Gereaux: That's right.
Mr. Gary: It is rent.
Mr. Garcia Pedrosa: Affordable Rental Housing.
Mr. Dawkins: This property will remain on the tax rolls and produce taxes.
Mr. Gereaux: After the developer....
Mr. Gary: May I say that the answer to your question is yes.
Mayor Ferre: This is affordable rental housing.
Mr. Dawkins: Call the roll.
Mayor Ferre:We need a motion first. Is there a motion?
Mr. Perez: Move.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion. Call the roll on the Affordable Rental Housing
Program Resolution.
21 MAY 121983
0 i
I
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
RESOLUTION NO. 83-371
A RESOLUTION ESTABLISHING CERTAIN POLICIES AND PROCEDURES
WITH RESPECT TO IMPLEMENTATION OF THE AFFORDABLE RENTAL,
HOUSING DEVELOPMENT PROGRAM, AUTHORIZING THE CITY MANAGER
TO REQUEST METROPOLITAN DADE COUNTY TO INITIATE CONDEMNA-
TION PROCEEDINGS, IF NECESSARY, TO SECURE PROJECT DEVELOP-
MENT SITES, AND DIRECTING THE CITY MANAGER TO PUBLISH A
DEVELOPER INVITATION FOR PROPOSALS, APPOINT A SELECTION
COMMITTEE AND SUBMIT RECOMMENDATIONS TO THE CITY COMMIS-
SION FOR PROJECT SPONSORS.
(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.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo and Vice -Mayor J. L. Plummer, Jr.
ON ROLL CALL:
Mr. Dawkins: I'm voting yes in that this is affordable housing and that the
individuals in the area where this affordable housing is have first preference,
not that you can limit it to them but those individuals should have first
preference.
16. AUTHORIZE CITY MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED
$56,364.84 IN CONNECTION WITH 1983 GOOMBAY FESTIVAL.
Mayor Ferre: Mr. Manager, we have a request here from Goombay who is asking
$56,364.84. This request only includes Fire Rescue, barricades, security
monitors, Police, sanitation, administration services, they received $43,000
last year but costs for Police, Fire and Sanitation have increased. There
will be no request for Orange Classic this year so that this is a $40,000
savings. Who wrote that? Is this your's? Well, I want you to tell me what
in the world does the Orange Blossom Classic have to do with the Goombay
Festival? What do you mean we're going to make a $40,000 savings? What does
one thing have to do with the other? I mean because they're both black, is
that it? Okay.
Mr. Gary: Don't worry about it. Mr. Mayor, I'll wait until after the City
Commission does the discussion.
Mayor Ferre: Well no, I think I'm ready to vote on it right now. Does it
have your recommendation or not?
Mr. Gary: Yes, with two conditions, Mr. Mayor.
Mayor Ferre: Tell me what they are.
Mr. Gary: Three, I'm sorry. The first is that they pay us last year for
the money we gave them for certain services we provided. Secondly, that
the moneys that are here will be paid directly by the City. Thirdly, that
I receive a breakdown of the costs for administrative services and security
monitors, with those conditions.
Mayor Ferre: Is that acceptable.
rt
22 MAY 12 083
Mr. Dawkins: Are you saying that you are going to pay them, let them pay
us back out of what we give them or they've got to pay up first before you
give them anything?
Mr. Gary: No, they've got to pay up first. They owe us some money from
last year.
Mr. Dawkins: Okay, whatever they owe, they've got to come up with that
before you'll even consider anything.
Mr. Gary: That's right.
Mayor Ferre: Is there a motion with those conditions included?
Mr. Billy Rolle: My name is Billy Rolle. I reside at.3a30 Williams Avenue,
Coconut Grove. We are able to pay those items at this moment. We will get
the money in as soon as possible. We were waiting for -the invoices.
Mayor Ferre: Is the answer yes?
Mr. Rolle: Yes.
Mayor Ferre: O.K., thank you, there is aAotion by Commissioner Dawkins.
Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Call the roll, with the conditions
included. '
The following motion was introduced by Commissioner Dawkins, who moved
its adoption.
MOTION 83-372
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT NOT TO EXCEED $56,364.84 IN CONNECTION
WITH THE 1983 GOOMBAY FESTIVAL STIPULATING THE FOLLOWING
CONDITIONS:
(A) THAT THE MONIES DUE THE CITY OF MIAMI FROM LAST YEAR'S
FESTIVAL BE PAID IMMEDIATELY;
(B) THAT THE EXPENDITURES IN CONNECTION WITH THE 1983 EVENT
WILL BE PAID DIRECT BY THE CITY ADMINISTRATION;
(C) THAT THE CITY MANAGER RECEIVE A COMPLETE BREAKDOWN FOR
ADMINISTRATIVE SERVICES AND SECURITY MONITORS.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice Ferre
NOES: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
NOTE FOR THE RECORD: Garcia -Pedrosa, City Attorney, introduces the following
assistants just hired for his Department:
(a) Albertine Smith, Esq. (Litigation)
(b) A. Quinn Jones (Cable)
(c) Robert Schen (Park West-Overtown)
� 3'2� MAY 121983
i
4d
16.1 DISCUSSION AND TEMPORARY DEFERRAL OF RESOLUTION CONCERNING THE
HERITAGE CONSERVATION BOARD DECISION FOR TREE PERMIT, CULMER
GARDEN HOUSING SITE. (See label 18)
Mayor Ferre: We have Mr. Mel Adans and a lot of these people from Overtown
are here. The question now is, Mr. City Clerk, what item is that on? Does
anybody know what item that is?
Mr. Gary: Yes, that is item 106, I think; 106, Mr. Mayor.
Mayor Ferre: Will those of you that are here on this item raise your
hands, so I can see how many there are? This is the Overtown housing
issue. Raise your hands. Well, the majority of the people here are on
that issue.
Mr. Gary: I hate to interrupt, Mr. Mayor, but I just want to inform you
that at 11:00 o'clock by law, we have to open the bids for the sale of the
bonds.
Mayor Ferre: I realize that and we will do that at 11:00 o'clock. Now
the question is, Miller... Where did Miller go?. I don't want to take
this up without Mr. Dawkins. Miller, I think we can frankly do this very
quickly; because as I understand there is a legal position that the County
has taken. We need to... and I frankly don't think this is going to be a
very long public hearing. So I will do it this way, Mr. Manager, I think
the way to do it is to first recognize Mel Adams. Do you want me to
recognize the opponents? They are appealing, O.K. So, we will recognize
the appellants for three minutes, and you, Mr. Adams, for three minutes,
and then the City Attorney, and I think we can resolve it in the next ten
minutes.
Mr. Phillip S. Davis: Thank you, Honorable Mayor and City Commission. My
name is Phillip S. Davis, 409 N.W. 6 Street, representing Southgate
Villas Homeowners Association, representing over 100 elderly people
from Jack Orr Plaza and representing the Spring Garden Homeowners Association
I have with me several copies of the petition that have been signed and I
will be passing them to the Commission at this time as I proceed with my
speach.
Ladies and gentlemen, I think the issue here rises more to what is
best for Black and poor people in terms of housing. I think that is the
major issue. I think that is what it comes down to. In the past and
presently, Black people and poor people have been refused housing in
various sections of Dade County simply because there is a difference
between snob zoning and slob zoning. In snob zoning there is no low
income housing. In slob zoning there is low income housing. That is
the main issue. Mr. Mel Adams had an opportunity to play Black people
against each other. When the Hammocks was being built and the people
in Kendall refused to have low income housing in South Dade, Mr. Mel
Adams, Director of HUD, made an attempt and did nothing about it. As
a matter of fact he stopped building. He stopped building 500 proposed
units in the Hammocks without even one whisper of a word about saying,
well, there is a need for housing for Black and poor people. He took
a very innocuous position. Now today he comes before us....
Mayor Ferre: Mr. Davis, I think we can make our positions without
attacking anybody personally. So, I would recommend, I think your cause
is much better served, if we talk to the issues rather than any personal
reference.
Mr. Davis: Certainly.
Mayor Ferre: Thank you.
sl
25
MAY 121 983
0
sl
Mr. Davis: I think the issue here is whether or not the City of Miami and
the Commission is going to create communities or create ghettos. That is
the real issue. We have to start to build scattered housing, low income
housing in areas where poor people and middle income people can mix together
and sort of like join forces and learn from each other. As long as we
continue to build low income housing and under highways and near abandoned
warehouses and close to each other, we are going to have the problem that
we have been having, riots, crime, the whole nine yards. I don't know if
you know about the great M.I.T. rats experiment, where they put all the
rats in one big box and they left them there together and they can't get
out of there. After a while they start bitin„ and eating each other, and
killing each other. That is the situation that is happening here in Overtown.
We have over 13 housing projects. We have enough of them. We don't want
any more. We have to stop the consentration of low income housing and we
have to make it available for low income people to have housing throughout
Dade County, whether it be in the Hammocks or whether it be in scattered
sites throughout Overtown, the possibilities exist.. 'There is no incentive
for people who are given low income housing to be -anything but poor. If
you have to qualify to be poor to be so!ewhere, you -.are going to remain
poor. You are not going to do anything other than that, but be that way.
If the City does not respond to this issue, Overtown-is going to be and
stay a complete hell hole of what it is today because we are not dealing
with the issue. Now we talk about revitalizing downtown. It's very
important that with the revitalization of downtown,, that we revitilize
Overtown.' That we make Overtown a community for Black and poor people
who can have an interest in their community and who can blend together
with the whole Government Center Project. I think that is the need here.
Mayor Ferre: All right, thank you.
Mr. Davis: Mr. Mayor, just let me close right here for one second. We
are talking about living in a community, building a community. I think
that is the need. We are good enough people to live anywhere. You
talk about what you can do about it. What you can do about it is several
things. One, you can control this project. They built, they put down
the foundations, they have disregarded your resolution about postponing
construction. Why? Because they have no repect for you, obviously. This
man has none. He controls that situation. He doesn't have it. Now, we
have to begin to control the project and you can by denying the permit
for the tree removal and by denying the street closure, which they need
in order to finish the project. I ask that you allow your legal staff
to join with the concerned citizens in the federal suit, which is now
pending at federal court, to have a determination made on that particular
subject and then action be taken. I take it that the City Manager has
taken some action in this area about checking the cost benefit effect of
this.
AT THIS POINT, ON ACCOUNT OF LEGAL REQUIREMENTS, THIS DISCUSSION IS
MOMENTARILY DEFERRED FOR THE RECEIPT AND OPENING OF BIDS.
THE HEREIN -ABOVE ISSUE IS CONTINUED ON LABEL 18.
26
MAY 121983
17. RECEIVE, OPEN, READ, AND REFER TO CITY MANAGER FOR TABULATION
BIDS FOR $25 MILLION AND MISCELLANEOUS GENERAL OBLIGATION BONDS.
Mayor Ferre: Ladies and gentlemen, at this stage, we have a legal
requirement. I must stop all proceedings. There is an 11:00 o'clock
bid proceeding. Mr. Clerk, what item is this?
Mr. Ralph Ongie: It's 1-a.
Mayor Ferre: It is item 1-a. It is 11:00 o'clock on.the button. We are
now taking up item 1-a, which is to receive and open and read bids to the
City of Miami and to the City Manager for tabulation 'and report bid authorization
to be received on this date on a resolut%n for the tale of $8,000,000
fire fighting, fire prevention and rescue facilities; $1,000,000 housing
bonds; $6,000,000 sanitary sewer bonds; $4,000,000 for storm sewer bonds;
and $6,000,000 for Street and Highway Improvement Bonds. This is companion
to item 54. Is there a motion?
Mr. Carollo: Move.
Mayor Ferre: Moved by Commissioner Carollo. Seconded by Commissioner
Perez. Further discussion? Call the roll.
This being the date and time advertised for receiving sealed bids
for bonds, the Mayor announced that the City Commission was now ready to
receive sealed bids.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 83-373
A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY
MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE
RECEIVED THIS DATE UNDER RESOLUTION NO. 83-352 FOR THE
SALE OF $8,000,000 FIRE FIGHTING, FIRE PREVENTION AND
RESCUE FACILITIES BONDS, $1,000,000 HOUSING BONDS,
$6,000,000 SANITARY SEWER SYSTEM BONDS, $4,000,000
STORM SEWER IMPROVEMENT BONDS AND $6,000,000 STREET
AND HIGHWAY IMPROVEMENT BONDS OF THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS:
1. Southeast Bank, N.A.
2. Bankers Trust Co., New York
3. Citibank, N.A.
al 4. Prudential Bache Sec., Inc.
27 nU I
i 0
FOLLOWING THE BID OPENING PROCEDURE:
Mr. Ongie: Mr. Mayor, that is all the bids.
Mr. Gary: Terrific!
Mr. Ongie: These bids have all been submitted with the required cashier's
checks.
Mr. R. Rosencrantz: Mr. Mayor, we normally will go back and verify those
bids and then come back to the City Commission.
Mayor Ferre: I see. You'll come back then with a recommendation.
Mr. R. Rosencrantz: Yes, sir, it will probably be sometime before noon.
Mayor Ferre: I might point out, specifically for Lou Salome and Howard
Kleinberg that a bid of under 9% for the City of Miami in these times is
a reflection, in my opinion, of the upgraded rating that we received. I
think that we ought to be very proud. I'm very happy. I'm always happy
to see four important financial institutions bid. I'm pleasantly surprised
that the local bank beat out national banks or certainly New York based banks.
I think it is certainly a tribute to this community's resurgence and so I
congratulate you, Mr. Manager, and the members of the Administration and
Commission for I think a strong showing.
18. PASSAGE OF RESOLUTION CONCERNING THE HERITAGE CONSERVATION BOARD
DECISION FOR TREE PERMIT, CULMER GARDEN HOUSING SITE. (This
item was previously discussed in label 16.1)
Mayor Ferre: Now Mr. Mel Adams, you have three minutes.
Unidentified Speakar:Pardon me, Mr. Mayor, there are two appellants here.
What I would like to do is after Adams has his talk, I would like to have
my three minutes with Mr. Robert Taylor, if I can.
Mayor Ferre: All right, Mr. Adams.
Mr. Melvin Adams: My name is Melvin Adams. I'm director of Dade County's
Department of Housing and Urban Development, with offices at 1401 N.W. 7 St.
The only issue before the City Commission is whether to approve and uphold
the Heritage Conservation Board's decision on the tree removal permit. That
is what is being appealed. The validity of this development is not an issue.
We have given —the County Attorney has sent to the City Attorney an opinion
going to this point. So I'm not going to —the tree removal permit was
carefully reviewed by the city staff, Heritage Conservation Board; made a
personal inspection of all the members of the site. The vote was 7 to 1.
To support the permit, I'm not going to discuss how important this project
is to the revitalization and how legally important to Overtown/Park West
and the need for housing, but Mr. Davis is correct. Only Black people know
much they need housing and where they need it. I would like to give the
rest of my time to some people who are looking for housing who are here
who might want to express their position.
Mayor Ferre: He's entitled. Go ahead.
Ms. Eufala Frazier: I'm Eufala Frazier. The residents of Overtown asked
me to come to speak with them this morning, to speak for them. I would like
to call the attention to the Commissioner that through the years there has
been a policy of this Commission to recognize the Citizen Advisory Board
of the community. The Citizen Advisory Board was elected by the citizens
of that community throughout the City of Miami. Overtown has been no less,
no greater. A few years ago, a City board was working with the cities to
plan that area. Residents of that area made a recommendation of the present
plan that has existed in the total area. I would like to ask the City if
s1 28 MAY 121983
0
Ms. Frazier (CON'T): they would continue to consider the recommendation
from the resident that you have negotiated...accepted the plan. If you
change that plan now you will be breaching the trust of the citizens in
that community. If you change that plan now, you will be derelicting
the citizens of that community that need housing. I urge you to consider
and recommend, and consider the plan of the C.D. Advisory Board that has
worked with you through the years on not only that plan.
Mayor Ferre: All right, thank you. Now we turn to the City Attorney for
a legal position. You heard now, Mr. Adams making a statement. He says
that there was a...I don't think he meant a legal opinion. I think he
meant a letter from the County Attorney's office with regard to the issue.
See, the problem that I have and where we left it last time was this.
The County has gone forward. They have a permit. This thing is funded.
It's being constructed. It's under construction right now. They have
removed all the trees except one. There is only one tree left. I mean
they have literally removed all the trees. They are gone. 5o, there is
only one issue that is left on the City of Miami and that is one tree.
The question is legally where do we stand. I don'.t•.;think it takes too much
of a lawyer to figure out that if we go jaut and_say-that you cannot remove
the tree, that the federal government, who is going to invest money in this,
and Metro and others are going to go and probably win, because they already
have vested rights. They have a permit. They have begun construction.
And we are going to try to stop this project because of one tree? Or what
they can do is do everything else and build around the tree and they can
get it in. I don't think legally there is any way:that we are going to be
able to legally stop this project. Now, the Manager has some concerns
about the planning that was done and the way this -was done. I want to say
that I concur with the Manager's position. The community, or some members
of the community, and Commissioner Dawkins have made some expressions of
the way they feel. I concur with you and I'm willing to vote with you!
I'll put it on the record. I have no problems with that. But I just want
you to know that you are treading water, because what is happening here is
that this is going to be a pyrrhic victory. You know, it is going to give
you a nice, warm feeling that you won and you will not have won anything.
I need to tell you that you have to be very careful and I need to be care-
ful in going out and telling the community that we went to battle and we won,
because I want you to know that in a year that housing is going to be up and
there is not a damn thing that you or I could do about it to stop it, except
go to court. I am willing, counselor, to go with you to court and be a part
of it. In a moment, after we get his opinion, we are willing to discuss that
subject. Now, Mr. City Attorney.
Mr. Garcia -Pedrosa: Mr. Mayor, I want to make a couple of clarifications,
if I might. First of all, this Commission recognized at its last meeting
that it did not really have any power to stop this project; very simply
because this is not a City of Miami project. All you did, and perhaps the
appellants may have misunderstood you action, all you did was to defer the
appeal and to request the County to attempt to wait until you had an
opportunity to rule on the appeal. I want the Commission to know that
this same appellant with this same lawyer has filed a law suit and has
been before two judges in the circuit court of Dade County seeking to have
this project stopped. In both cases, those judges have denied the motion
fora temporary restraining order. In essence, not only is the matter
being brought before a forum which really does not have control over the
project itself, but it is being brought really as the third bite of the
same apple, if you will. The last thing I want to say, and I just want
to make this clear on the record, that this Commission is not acting on
the basis of how many trees may or may not be left standing on the property.
If there has been a violation of ordinances which have the effect of law,
that is something that is cognizable by this Commission whether or not the
trees are still standing. I just want to make clear on the record that
whatever action you take is not premised on the number of trees left. I
know that is not your intent. I just want to make sure that the record
reflects that clearly.
Mayor Ferre: That was very nice, but so what?
Mr. Garcia -Pedrosa: You don't have the right, Mr. Mayor, and you never
said you had the right to stop a county project. This matter is before
the courts. Twice the courts have refused to stop this project. You
are being asked to do something that the two circuit court judges have
just recently on May llth and May 9th, I think, denied.
sl 29 MAY 121983
U
Mayor Ferre: Mr. Manager, what is your recommendation? I'll open up of
Commission discussion.
Mr. Gary: Mr. Mayor, just to first preface my comments by saying that
not that I'm against the housing that is being proposed; I am against the
planning in terms of where the housing is to be located. Secondly, I think
in terms of the tree permit, we have issued the tree permit. Regardless
of whether or not we deny this, they can build around the tree. The
whole intent of the last meeting was to submit a resolution to the County
Commission asking them to stop the project, find an alternative site for
the project to allow moderate income housing and commercial to be developed
there and any cost associated with that, we will be happy to bear the cost
with Dade County. Now, it appears that resolution has been delivered to
Dade County. Dade County has to make that decision as to whether to stop
it. In terms of this particular tree permit, we don't have any choice in
that matter. That was understood at the last meeting. Our whole decision
at the last meeting was to encourage Dade County to stop it, put it someplace
else. So, I don't think you have any choice in voting on the tree permit.
I think the thing that needs to be dongonow is.that if the City Commission
still feels the way they do on the resolution, is that the City Commission
itself as a body, go down to the County Commission and ask them to stop
the project and put it in some other location.
Mr. Dawkins: I agree with what the Manager has said. I agree with what
the City Attorney has said. But, Mr. Adams, this:is the first time that
I really disagree with your actions. I think when we left here. Let me
rephrase this, not you. When I left here from the last meeting, it was
my understanding that in good faith you would stop whatever was going on
there until we, the City Commission, and the County Commission could get
together to decide if we legally could stop that. But instead, I have been
by there every day, and every day, more footing has been poured, more steel
has been put in the ground, more blocks have been laid. So, consequently
when we do reach the County Commission and we tell them, "Let's stop it."
They are going to tell us, Look, man, look how much money we have invested
There is nothing we can do." So, I really, I mean, you have to do your
job, I know. But I really figure that when you left here last week, that
there was a feeling in this Commission that you, as the person over HUD,
would stop the construction until we had met with the City Commission
to get this some directives. Now, that is first thing.
Mr. Adams: May I respond to that? The County Commission
authorized the execution of a contract. The contract was executed. The
builder is at work. I don't have the legal authority to countermand
anything the County Commission does. I know that the City Manager passed
down your action to the County Manager. Just this morning I was phoned by
the County Manager's office about the letter and what the position was.
I can't stop a... telling someone who has a contract to shut down the job
is a very serious legal matter. I don't have that authority to do it.
Mr. Dawkins: Do you have the authority, Mr. Adams, to call the Manager
and discuss what happened in this meeting with the Manager and ask for
some directions?
Mr. Adams: I do that. I always prefer, however, for an action that the
City Commission takes, for the City Manager to communicate that to the
County Manager.
Mr. Dawkins: Exactly what I've said. I lust thniiahr. that we had a
good faith agreement and you didn't. So that, I mean, all right. The
other thing is, and I want the people out here to understand I am not
against housing. How many units will this put there, Mr....?
Mr. Adams: 75.
sl 30 MAY 121983
0
40
Mr. Dawkins: Of those 75 that you are putting there, how many of these
people in here are going to get one of them?
Mr. Adams: I don't know who all the people in here are. I do know....
Mr. Dawkins: O.K., all of you in here available for public housing, please
stand.
Mr. Adams: I will answer....
Unidentified Speaker: Excuse me, Mr. Adams, before you say anything else....
Mr. Dawkins: No, no, no, I don't want to hear from -you. I didn't call
you. You sit down. You are out of order. Nobody asked you to come up
here. Will you have a seat! We didn't call you. That's not my problem.
Go ahead, Mr. Adams.
Mr. Adams: There are 79 families who have to move because of the expansion
of Booker T. Washington.
Mr. Dawkins: See ..... Here we go again.
Mr. Adams: They will have an absolute priority for this housing if they
want it. There are several hundred families who will be moving from the
urban initiatives area under the redevelopment plan, the E.I.S., and
everything, they also have absolute priority. This could well, in my
judgement, I would say 2/3 of the families who move in here will be
exercising their priority will be present residents of Overtown.
Mr. Dawkins: You just lost me, so let's go back so you can bring me up.
How many units do we have?
Mr. Adams: We have 75.
Mr. Dawkins: We have how many people displaced from Booker Washington?
Mr. Adams: There -are about 79.
Mr. Dawkins: Oh, 79! And a couple hundred from where?
Mr. Adams: 250 from the present urban initiatives area.
Mr. Dawkins: So we are talking about 329 people you are going to fit into
75 units.
Mr. Adams: No, I said they would have priority. Some of them are eligible
for elderly....
Mr. Dawkins: And some of them will still have nothing because you only
have 75 uaits. You have 255 people. We have 329 people fighting over
75 units, which we legally will not be able to award these people because
you have to go to the top of your availability list.
Mr. Adams: No, no, when you are displaced, you move automatically to
the top. There are 200 units at Civic Towers that are a relocationresource.
Some of the people who are elderly may want to move into Cain Towers,
which is under way at the community college. There are 45 elderly units
right next to the Phillis Wheatley School, which seniors would have
priority for.
Mr. Dawkins: My only concern to say to you is this, we have been had.
They are constantly putting low rent housing in our area. They don't
want us to live anyplace else. Then they play on your emotions, knowing
that you have to have some place to stay, then they go round you up to
bring you down here to tell you this Commission is against low rent housing.
We are not against housing. What we are against is destroying the tax
base in the City of Miami, which the County does not care about destroying.
That's why they don't want to put any of these houses out there, other
than not one of you all with them. Now what they have to understand is...
al
31 MAY 121983
0 40
Mr. Dawkins (CON'T): what you have to understand, every time they put a low
rent housing in our neighborhood, it does not pay taxes. The tax base goes
down. The money that the City Manager gets in order to provide services
goes down. You health care services go down. Everything else goes down.
Then again, you must realize this housing project was turned down by three
other entities in the county. But again they come to this force of least
resistance. You all have to work; you all have no time to come out ... most
of you all out here are losing a day from your work. But you are down here
thinking that you may end up with a house in this housing project. But I
am going with the will of the people and try my damnest to get in on the
next one at the very beginning. Since White people •ion't seem to understand
anything but acting up ... that's right, see. They Mayor just brought up a
good point. We may not have this anymore. If Reagan stays in, we may not
build anymore houses; which is a very good point. But all I can say to you
is that this Commission does not want you to believe that we said that we
were going to stop the housing when we knew we could not. What we asked
for was a time to negotiate, to see if we could put affordable housing
in there instead of the low rent housing. So, Mr. Mayor, that's all I....
i
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Commissioner Carollo left meeting at 11:15 A.M.-
-------------------------------- --------------------------------------
Mr. David Cerf: Mr. Mayor, may I speak on behalf of the other appellant?
Mr. Gary: Mr. Mayor........
Mayor Ferre: Mr. Manager and then Mr. Cerf.
Mr. Gary: First of all, it is my understanding, I just want to for the
record to correct something or to get some clarification from Mr. Mel
Adams. It is my understanding when we did the E.I.S. that this particular
housing was to accommodate the people that were going to be displaced from
the Urban Initiative Grant, as opposed to Booker T. Washington. They don't
get first priority, it is my understanding, in terms of the E.I.S. report.
Because if we are going to talk about the housing, if the housing goes,
we are going to jeopardize the E.I.S. report. Obviously, if the E.I.S.
report says that 75 units should be given on first priority to people in
the Urban Initiative Grant, we are jeopardizing that if we give the
Booker T. people first priority.
Mr. Adams: When somebody is displaced by government action under Federal
law and under County ordinance, they automatically have priority. We
cannot give priority to one displacee over another. The E.I.S. says
that these are units that are available to people. The Urban Initiatives,
who have to move who want to remain in their area.
INAUDIBLE BACKGROUND COMMENT NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Adams: But you cannot deny Booker T. what the Federal law says their
rights are just because the E.I.S.
Mr. Dawkins: But according to us, the Booker T. Washington did not have
any rights because the school board displaced them and the school board
was responsible for the displacement.
Mr. Adams: They have no rights for
same right for relocation priority,
obligations to.
Mayor Ferre: Yes, sir, Mr. Cerf.
the financial aid, but they have the
as families that we have financial
Mr. Cerf: Thank you, I'm David Cerf, address 2895 Biscayne Blvd. I
represent Mr. Robert Taylor, who is one of the appellants. I will
speak only about the tree permit. I will plead guilty to the fact
that I have gone to court twice to seek a temporary restraining order
for only one reason, that is to save those trees until this City Com-
mission could decide whether or not they should be cut down, relocated
or damaged.
sl 32 MAY 121983
0
Mayor Ferre: Mr. Cerf, at this stage of the game, when there is one tree
left, what are you recommending we do?
Mr. Cerf: Well, let me be clear about something. The tree ordinance
talks about cutting down, relocating and damaging trees. We have already
had expert testimony that the construction methods employed in that project
are damaging the trees, so we have the rest of the trees on the project
be concerned with under the tree permit. This is not just one tree. We
are still talking about all of the trees. What I would suggest is this.
There has been, and I'll just have a fact. I was delayed in going to court
until some of the trees were cut down. I delayed going to court again
because of this Commission's action asking the County to withhold action.
If you do anything, what I would recommend to vindicate the authority of
the elected officials, and you are the dog and the rest of the people are
the tail. To vindicate your authority to determine whether or not trees
should be damaged, you should reverse the Heritage Conservation Board.
You should approve our appeal. That is what I ask -you for.
r
Mayor Ferre: Mr. Manager, your recommendation, then I hope we can bring
this to a vote one way or the other.
Mr. Gary: First of all I do not recommend that you do what he said do.
I recommend that you vote on this item in the positive. However, I
still have my same position that this City Commission follow up on this
resolution by going to Dade County asking them to -stop this project and
to place the housing on another location in the'Overtown/Park West area.
Mayor Ferre: Is there a motion to that effect? Miller? Commissioner
Carollo has left the meeting and will be back at 2:30. In my opinion,
I don't think.... We have a three member Commission at this point. The
Manager has made a recommendation. Mr. Manager, would you repeat that again?
■ Mr. Gary: My recommendation is that the tree permit be honored. We have
granted it. But that this City Commission follows up on this resolution
to the County Commission that it passed at the last meeting by going down
to the County Commission asking them to stop the project and find a
different location in Overtown and Park West for the location of this
housing.
sl
Mayor Ferre: Is there a motion? What is the will of this Commission?
Mr. Dawkins: I move that we do not ... what do you all want?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Dawkins: I move that we withdraw the permit, because I dont' feel
that the rest of them operated in good faith with me, so I feel that I
should return the favor.
Mayor Ferre: Is there a second?
Mr. Perez: I think that it would be better to have a full Commission here.
Mr. Garcia -Pedrosa: I think that what Commissioner Dawkins' motion would
be is to reverse the Heritage Conservation Board's action.
Mayor Ferre: Mr. Adams, where does that leave you legally?
Mr. Adams: Well, there is one tree. It's not going to stop the project.
The only way that the project can be stopped, is if the County Commission
says to stop the project; they are willing to pay the cost. It's very
clear that the people that are opposing the project have said time and
again that they would not oppose this exact same design if it were sales
housing, which means you would have to remove the trees and do everything
else we have done, so....
33
MAY 121983
0
Mayor Ferre: This is a different motion. You move that the Manager's
recommendation be upheld. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 83-374
A RESOLUTION AFFIRMING THE HERITAGE CONSERVATION BOARD'S
ACTIONS IN DENYING THE APPEAL FROM THE ISSUANCE OF A
PERMIT FOR TREE REMOVAL AND RELOCATION ON THE SITE
OF THE PROPOSED CULMER GARDENS HOUSING SITE (FL5-75);
AND MAKING FINDINGS.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice Mayor J.L. Plummer, Jr.
19. BRIEF DISCUSSION ITEM: TIMETABLE FOR EXHIBITION COLNVENTIOt4
CENTER.
Mayor Ferre: Mr. Manager, what item would you like to take up next?
Mr. Gary: Mr. Mayor, we have the Planning Department review, but I think
it is important that the City Commission decide and we go into these other
matters. We have a very long agenda.
Mayor Ferre: I realize that. That is why I am asking you the question.
I think we can skip over, frankly, the Planning Department review right
now.
Mr. Gary: We can have a brief update of the Exhibition Center study and
the time frame for that and go right to item "B". I will ask Mr. Rick
Horrow:...
Mayor Ferre: We are now on item "B". Is Mr. Rick Horrow here?
Mr. Gary: ....to give a very, very brief synopsis of what we are doing.
Mayor Ferre: All right, Mr. Horrow.
sI MAY 12 1983
Mr. Rick Horrow: I will be brief. I just want to bring you all... Rick
Horrow, Special Assistant to the City Manager. I'd like to bring you up
to date very briefly on the progress that we are going through on the
Exhibition Center study that Laventhol and Horwath have been authorized
to do by County Commission action on April 5th. The study basically will
progress on this time table. I will show you that in a second. But as
far as the logistics are concerned, it's a contract with Laventhol and
Horwath through the County to consider the needs, impact, cost, and operation
of convention facilities in the County. The client is the County, but the
project representation team is Rob Parkins, the City Manager of Miami Beach;
Jeanne Westphal, the Director of the Department of,Tourism of Dade County;
and myself. The consultants are contractually bound to give five reports
to the City Commission, the County Commission, and Miami Beach through the
project coordination team. What I would like to do is get a consensus of
the Commission on the kind of direction we want to proceed on and the kind
of input that we need to give the project coordination team and the consultants.
Time Table: there are basically eight stages of this: Planning and date
acquisition for the first two weeks, facility analysis through weeks two
through six, a market evaluation to looj* at competitive position of each
city and their convention facilities and sites through weeks two through
seven. In terms of locational characteristics and importantly on sites,
the consultants are going to analyze a real important question concerning
the convention center. Does the new convention center in the City of Miami
need be contiguous to the Knight Center? Does it need to be within walking
distance?' Or does it need to be within a people -mover stop of? That is an
important question the consultants will have to analyze. The consultants
will take a look at the expansion of the Miami Beach Convention Center
with a top priority as well as a top priority on the Knight Convention
Center with appropriate support development. The program will, at the
end of August, go into the following. It will go into sites, construction
costs, operating revenues and expenses, different types of funding, long-
term and short-term economic impact, and recommendations on convention
bureau management; all very important questions. Finally, very quickly,
let me just give you a couple of observations. First, the Laventhal and
Horwath consultants are geared toward developing funding which maximizes
the expertise and involvement of the private sector and minimizes the
involvement of the public sector. Second, the funding stage of this that
you see, is staggered toward taking a look at any legislative action that
will have occured, if any, by the end of this legislative session. The
consultants are required to factor that into their ultimate decision on
how to fund the future exhibition halls. Further, as you all know, the
City has tremendous advantage using the unified development process to
maximize the private sector initiatives and minimize the risk to the
public sector. Finally and more importantly, we ought to view this study
as one that goes on parallel tracks. All this is is a preliminary sketch
of what the City needs to do. Once the report is received in mid -August,
we need to take a look at what available funding sources are out there
based on the recommendations of the consultants, going through a unified
development model, and taking a look at other potential functions of
this exhibition hall. I will prepare a report to the Commission at the
appropriate time and maximize Commission involvement at every step of the
process. Of cource, you all will be informed. Any questions?
Mayor Ferre: Yes, what direction do you need from us?
Mr. Horrow: Any input on sites and other program development and the
Laventhol and Horwath consultants are going to meet with each individual
member of the Commission to discuss....
Mayor Ferre: Mr. Horrow, I think you have talked to all the members of
the Commission. I will summarize what I have gathered at Commission
meetings. Mr. Manager, Howard, the question is Commission policy as
to location. In my opinion, the Commission has expressed (J.L. Plummer
first expressed it, I think) and that is that the exhibition hall be as
close to the Knight Center as possible. I think that is just the logical
conclusion. If that is not possible, and obviously, when we mean immediately
adjacent to, there are four properties which are immediately adjacent to it.
Property number one immediately adjacent to is the Dupont Plaza two lots.
35
al.MAY 1219W
Mayor Ferre (CON'T): Property number two is across the street from the
World Trade Center Building, which is the federated property. Property
number three, since the so-called Codina piece is too small, on the
west side, property number three is the spa -called Worsham site, which
is really not the Worsham site because it is Worsham plus the F.E.C.
Railroad. Area number four is across the river, which is only 100 feet
across the river and which pedestrian bridge 80 feet up in the air can
tie to the James L Knight Center. So I would say that those are the four
priority areas that are available. The next question is, absent those,
then what? Absent those, then the next block or two, -then we get to the
areas that are further away. It seems to me that logic would have it
that you could only have, if you get awns� from walking distance, an
exhibition hall that would be immediatery adjacent to a people -mover
station. There are only five or six stations. I would surmise that
as you get them into the downtown area the expense of land is such that
it precludes, if you are going to go to $100 per square foot piece of
property, you may as well be within walking distance of the Knight Center.
So if you are going to go other than, then I think.'it has to be at a station
site and that means in the so-called no-manns lane -•between Overtown/Park
West, and the Downtown Government Center.
Mr. Horrow: One quick comment on the consultant process. They are being
asked to resolve the question of contiguous to vs. within walking distance
of vs. within downtown people -mover stop of the Knight Center first, because
the answer to that and how it affect the convention traffic will either
open up or close up a lot of other potential sites. Then they will look
at these sites and rank them accordingly and give us a bottom -line
recommendation when they present their final report in mid -August.
Mayor Ferre: Thank you. Mr. Manager, is there anything else you want to
add to this?
Mr. Gary: No, sir, Mr. Mayor, and we will keep the Mayor and the Commission
informed as the progress continues in this project.
Mayor Ferre: Rick, does that cover it?
Mr. Gary: Thank you very much.
20. BRIEF DISCUSSION ITEM: MID -YEAR BUDGET REVIEW.
Mayor Ferre: "D" is 83 mid -year budget.
Mr. Gary: Yes sir Mr. Mayor, at your initiation and the City Commission's
acceptance, you asked that we continue the process of presenting you with a
mid -year budget review of our current budget. At this time I would like to
do so.
6 MAY 121983
0 4e
Mayor Ferre: O.K., go ahead.
Mr. Gary: If I can make it short, Mr. Mayor, since we are running out of
time. Basically, we are living within our budget as we normally have.
There are some positive things, but also some negative things with regard
to revenue items. It is very difficult for us to determine where we are
at year end, but I can guarantee you that we will be continue to have a
physically sound budget by year end. We envision that budget will take
into consideration ... our actions this year will take into consideration
the City Commission's policy to maintain balance services currently and
balance services in the next year. We will be back to you within the next month
in terms of the proposed strategies for 1984 budget. Thank you.
Mayor Ferre: Are there any questions from the members of the Commission
on the mid -year review of the '83 budget? What is going on on State
Revenue Sharing?
Mr. Manohar Surana: We will have the final numbers:.sometime at the end
of May, early part of .June. It is going down so far, though.
Mayor Ferre: As have cigarette taxes.
Mr. Gary: Yes, sir.
Mr. Surana: Yes.
Mayor Ferre: Well, you think we don't have any problem?
Mr. Surana: I don't think so.
Mr. Gary: Mr. Mayor, I think it is important to note that one of the reasons
that our bond rating went up is because of the recommendations and the
assistance we have had from the Commission in making tough budget decisions.
I think before we start making any decisions in terms of reducing any kind
of revenues, and we need to talk about the waste fee issue, is that our
correct collection of waste fees is down right now. That has an impact on
the type of services we are able to provide the citizens. If you look at
some of the other reductions that we are having now from the State sales
tax, the cigarette tax, the gasoline tax —that has an impact on our budget.
We will have an impact on whether we can provide recreational and other type
of services. I'd like to take all those in....
Mayor Ferre: Mr. Manager, I want to tell you again that the last time we
went around on this garbage stuff, you had two votes on this Commission....
Mr. Gary: That is correct.
Mayor Ferre: ....Commissioner Perez and mine. When you get around to getting
the third vote, then you let me know, otherwise....
Mr. Gary: I appreciate your support and I will try to get a gun and talk
to Miller Dawkins.
Mr. Dawkins: No way! Don't waste your time.
Mayor Ferre: Is there anything else on item "D"?
NOTE FOR THE RECORD: Agenda item "E" was withdrawn by the Administration.
------------------------ ------- ----------------------------------------
sl -3'7
MAY 121983
0
21. AUTHORIZE CITY MANAGER TO ALLOCATE $21,000 FOR CRIME WATCH
SIGNS FOR MISCELLANEOUS NEIGHBORHOODS.
Mayor Ferre: We are now on item "G", which is crime watch signs in
various city neighborhoods.
Mr. Gary: Mr. Mayor, Commissioner Dawkins asked us to identify signs that
should be put in those areas that need additional signs or have not been
given adequate treatment. We have identified the'need for 250 additional
signs. The cost to us would be approximately $21,000 in terms of... the
purchase is only $3,000, Commissioner ! $3,750: But the installation is
about $17,000. We will buy the signs and ask Dade County, which is their
responsibility to put the signs up and insure that they are put up in those
target areas that have been neglected. We will do so, Mr. Mayor. If you
concur with this, I would like to have a vote on it, Mr. Mayor.
Mr. Dawkins: Mr. Mayor, at a meeting they invited me. You weren't here,
but they asked me to thank this Commission for.the cooperation they had
but they did need signs. So I brought it back and this Commission instructed
the Manager to find the money, so I move these signs be purchased and that
the Manager work with....
Mayor Ferre: Is there a second to the motion?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Mr. Manager, this has your concurrence?
Mr. Gary: Yes, sir, Mr. Mayor.
Mayor Ferre: Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption.
MOTION 83-375
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
TO ALLOCATE AN AMOUNT NOT TO EXCEED $21,000 TO BE
USED FOR THE PURCHASE OF "CRIME WATCH SIGNS" FOR
CERTAIN IDENTIFIED NEIGHBORHO0DS IN THE CITY AND
FURTHER DIRECTING THE CITY MANAGER TO REQUEST METRO-
POLITAN DADE COUNTY TO ERECT THESE SIGNS.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice Mayor J.L. Plummer, Jr.
MAY 121983
sl
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22. DISCUSSION ITEM: RENT OWED BY THE MIAMI DOLPHINS.
Mayor Ferre: Discussion of the Miami Dolphins.
Mr. Gary: Mr. Mayor, I would recommend that we continue with the policy
adopted at the last meeting. That we proceed with the court process to
get a resolution of the item in terms of a payment of our money.
Mayor Ferre: All right.
Mr. Gary: I would like to say that I still feel,:and I think the Mayor
and Commission concur with me, that wjyat I did was right. However, in
looking at the long term picture, Mr. Mayor, I would yield to the recom-
mendation of this City Commission in terms of long term solutions to our
problems.
Mayor Ferre: Mr. City Attorney, the last time..., I guess maybe for the
record f ought to clarify what the Manager... We are now watching a
California law suit where the City of Oakland is battling with the
ownership of the Oakland Raiders, who want to move to Los Angeles.
As to whether or not the city has the right of eminent domain for the
purposes of keeping the Oakland Raiders in Oakland. Now the reason why
that becomes important is that there may come a time when Mr. Robbie
may decide to take the Dolphins somewhere else. Where the people of Miami
and the City of Miami may want to make a decision as to whether or not
we want to keep the Dolphins here against the will of the person owning
them. The question therefore, is does the City of Miami have the right
of eminent domain with regard to exercising those rights specifically
with the Miami Dolphins. The reason why I think it is important not
to proceed with eviction is that it would weaken our legal stand, should
we ever want to exercise that position. That is our current posture.
Let us be very clear. We have not told the manager not to evict. We are
just leaving that decision in obeyance. We always have that right if there
has been a violation. The question now is to the City Attorney and we
wanted an update. The purpose for this being on the agenda is we want
an update as to where it stands legally. Last time around, Mr. Bob
Shevin had stated that he would try to expedite this matter so that
the courts could expeditiously decide. The specific request was that
the Dolphins, Mr. Robbie in particular, when we say Dolphins we really
should say Robbie because he is the guy that owns and makes the decisions.
The question is has Mr. Robbie permitted his attorney, Mr. Bob Shevin,
to proceed forth with summary judgement. If not, where does it stand in
court?
Mr. Garcia -Pedrosa: Mr. Mayor, Members of the Commission, I'm sorry to
have to report to you that the rate.of progress of the law suit was, as
I suspected and told you that it would be, continuing foot -dragging on
the part of the defendents. Specifically, there was a hearing between
the last time that we met and this meeting. To give you an example of
what I mean, there were two motions that had been filed by Mr. Robbie and
his lawyers. When they showed up in court, they voluntarily withdrew one
of those motions, which said something about the....
Mayor Ferre: Intent.
Mr. Garcia -Pedrosa: ....and the legal basis for it. Yes, sir.
.39 MAY 121983
i 0
Mayor Ferre: Let the record reflect that I want to go on record that if
Mr. Robbie keeps on playing these games, as of July... the last meeting of
July, which is the 28th of July, before we go on our summer break, this
member of this Commission and this vote will be for eviction. I will, I
think, fair is fair. I say to the members of the Chamber of Commerce
that have called me over the past weeks, I have no problems in being
reasonable about this. But I think that there must be a time limitation
I don't think that our good will and good faith can be taken this way. I
think that the last meeting in July is the last that I think this particular
member of this Commission is willing to wait for Mr. Robbie to solve his
legal problems. All I am saying to Mr. Robbie is let the judicial system
work. Do not tamper with it in a way that you are precluding by a legalistic
foot -dragging this thing to drag on when we want a resolution of it. Let
the court decide. If Mr. Robbie is right, then fine. We will live up to
whatever the court,judge and the courts decide. If Mr. Robbie, on the other
hand, is wrong, then let Mr. Robbie pay the City of Miami what he owes.
I just don't think that we ought to playing these games. I think that
July 28th which is two and a half months from now is plenty of time to
get all these matters resolved. I do not want to be accused of being a
bad guy and trying to be anti-Dolphins.0 or trying -to kick the Dolphins
out of Miami. I do think that enough is enough. As one of my opponents
used to say in my last election, "Basta ya!"
Mr. Garcia -Pedrosa: Mr. Mayor, I think that is very fair and I will
attempt to implement that on behalf of the City.
Mayor Ferre: Let Mr. Shevin know that we will be as patient as we can
as long as we can, but there is a time limitation. Is there anything else
that you want to add?
Mr. Gary: No, sir, Mr. Mayor.
23. RECEIVE AND ACCEPT 1982 FINANCIAL REPORT OF THE CITY.
Mayor Ferre: The 1982 Financial Report, Mr. Manager.
Mr. Gary: Mr. Garcia.
Mayor Ferre: Is Mr. Garcia here? Could somebody get him out of his
office?
Mr. Gary: Mr. Mayor, while he is on his way, I would like to make note
that you and I sometime ago were concerned about the fiscal operation of
the City, particularly when I was Assistant City Manager in terms of
VNI raaP vni, and I both went to Nel., York and -e talvecd to RooTe 4llen.
As a result of that discussion and further discussions, you and I concluded
that it would be in the City's best interest to do a study of the Finance
Department. That study was concluded. They made a set of recommendations.
We have implemented about 90% of those recommendations. As a result, we
have some positive results as demonstrated in the fact that our financial
reports are being done on a timely basis. As a matter of fact, we have
done them earlier than required by law. That the information submitted to
the bond raters in New York demonstrates to that fact, that our records
are being maintained very well, as demonstrated by the bond rating's
going up. The 1982 Financial Report reflects that. We have before you
the Financial Report, which basically says that the City is fiscally
sound, particularly in the General Fund and all of our enterprise funds.
We do have some problems in terms of some of our enterprise funds,
namely the Marine Stadium, Mr. Mayor, Bayfront Park, and there is one
other, the Exhibition Center over here we have to work diliaentiv to
make them self-sufficient without General Fund support. We have complied
sl --.AO
`� MAY 121983
M
Mr. Gary (CON'T): with MFOA requirements that we depreciate those buildings.
That has made the problem a little worse. We will be coming forth to you
to resolve those deficiencies in those enterprise funds, which will assist
us in maintaining the high rate and even going higher. With that, I will
turn it over to Carlos, if he has anything else to add.
Mayor Ferre: Mr. Garcia.
Mr. Carlos Garcia: Mr. Mayor, I believe you all have received the a copy
of the City's Financial Statements. What we need to do at this time is
show in the official record of the City, that the City Commission has
received the financial statements. If you want me to go through some of
the highlights, I can do that.
Mayor Ferre: Can you do it in 30 seconds? That will be fine.
Mr. Garcia: This year we had only one exception in -the auditors' opinion
compared to four last year. The other highlight -is that the fund balance
in the General Fund was $6,000,000. O,,her than that, if you have any
particular questions, I will be glad to answer them.
Mayor Ferre: I just want to make a statement. I commend to you. I
commend the Manager. I commend Randy for the improvements. I think the
auditors are also to be commended. I think the City of Miami, and I have
to say this with all due respects to the pastfor..the first time in the
fifteen years that I have been around really has -'this house in order,
its financial house well financed and we are on our way to having very
clear accounting records. I think it is a major accomplishment. I am
proud of it. I do take a lot of credit for it, because I think I have
been after this for a long time. I am happy to see that this is paying
off so well and that the fruits of our labor are finally showing. So I
commend all of us and you in particular for these improvements that we
have made. Do you need a motion of approval legally, Mr. Manager? Do
we need a motion?
Mr. Gary: No, I think it would be appropriate to pass a motion that
you have received it and accepted it.
Mayor Ferre: Commissioner Perez, would somebody get him in the room?
Would somebody drag him in here? It's hard to do business these days.
All right, Commissioner Perez moves, Commissioner Dawkins seconds that
we have received the Financial Report for the Fiscal Year 1982. Does
that cover it, Mr. Manager?
Mr. Gary: Yes, sir.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Perez, who moved
its adoption.
MOTION 83-376
A MOTION TO RECEIVE AND ACCEPT THE 1982 CITY OF MIAMI
FINANCIAL REPORT AS SUBMITTED BY THE ADMINISTRATION THIS
DATE.
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
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice Mayor J.L. Plummer, Jr.
s1 41
MAY 12 1983
6
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24. DISCUSSION ITEM: CONCERNING FUNDS FOR F.E.C. PARK; (DEFERRED
UNTIL LATER).
Mayor Ferre: Is there anything else, Mr. Manager, that you want to present
before we break.
Mr. Gary: Yes, I have one, Mr. Mayor. That is a resolution I have before
you. I apologize for it being late. It is something that we have to do.
That is to appropriate additional funds for the last.step of the acquisition
of F.E.C. Park in the amount of $1,000,000 based on a court judgement.
Mayor Ferre: We have no choice. .0
Mr. Gary: We have no choice in this matter.
Mayor Ferre: Do you want to move that?
Mr. Dawkins: Move it.
Mayor Ferre: Dawkins moves. Perez seconds. Further discussion? We have
no choice but to do that. Even though it is costing us another $1,000,000
I want to say that it is the cheapest piece of property that the City of
Miami has ever bought. If we were to go out and sell that piece of property,
we could probably make about $50,000,000 profit.
Mr. Gary: Thanks to your Quick Take suggestion.
Mayor Ferre: I want to tell you something. Some day when I sit around
with my grandchildren and they ask me, "Did you ever do anything smart
in the City of Miami?" I'll say, "Yes, I remember one smart thing I did."
Mr. Gary: Quick take.
Mayor Ferre: "That is, I said the only way we are going to take that property
is a Quick Take." And it goes back to ... was it Mel Reese?
Mr. Gary: Yes.
Mayor Ferre: Mel Reese, I think, was the Manager.
Mr. Gary: That's right.
Mayor Ferre: He said, "Absolutely not! You can't do that. The City of
Miami has never done that. That's wrong. We shouldn't do that. It is a
bad precedent." I said, "Mr. Manager, unless we do it this way, we'll
never see that piece of property." Fortunately we had three votes. I'm
not going to say who the two votes were against it. There were two votes
against Quick Take. It was a three to two vote. It was was probably the
best vote this Commission has ever taken or we would not have that land.
So, I commend all of us for that. Ten years later, we we are with the land.
So this is the final thing. Isn't it, Mr. Manager?
Mr. Gary: Yes, I need a fourth vote. Yes, this is final.
Mayor Ferre: You need four votes on this?
Mr. Gary: Yes.
Mayor Ferre: On the F.E.C.?
Mr. Gary: We will have to wait. It is an emergency. We have to get the
money into the bank.
42 1983
MAY 12
E
40
Mayor Ferre: It is on an emergency basis. Well, let's do it this way. We'll
take the first vote now.
Mr. Robert Clark: Mr. Mayor, it requires four. It is an emergency ordinance.
It requires four fifths.
Mayor Ferre: Oh, I got you. Well, we have to wait until Plummer gets here.
At n t the ' iso,,e ja,z ,o,"-gr n,"'
25. AWARD $25,000,000 ON MISCELLANEOUS BONDS TO SOUTHEAST, N.A.
Mr. Gary: One other very important thing, Mr. Mayor, and that is, we need
to have a resolution awarding the bond sale to Southeast Bank and I have a
resolution for you.
Mayor Ferre: Mr. Dawkins, are you ready torvote on that?
Mr. Dawkins: Which one is this?
Mayor Ferre: On the bond issue.
Mr. Gary: The bond issue.
Mr. Dawkins: The one where we sold them?
Mr. Gary: Yes, we just sold.
Mayor Ferre: Yes - Southeast. Dawkins moves. Perez seconds. (NOTE: At this
point, Mayor Ferre reads the resolution, by title, into the public record).
I would say that I am proud that we were able to achieve this at an interest
rate of 8.77%, which is about the lowest interest rate that the City of Miami
has had in at least what.... five years?
Mr. Randy Rosencrantzc At.le" t five years!
Mr. Gary: At least - yes.
Mayor Ferre: And it is a very good reflection on the fiscal soundness and sta-
bility of this City, and I commend all of us for it, and I commend Southeast
Bank for your success, and —is there further discussion? It has been moved by
Dawkins, seconded by Perez. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 83-377
A RESOLUTION AWARDING SOUTHEAST BANK, N. A., $8,000,000 FIRE
FIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BONDS,
$1,000,000 HOUSING BONDS, $6,000,000 SANITARY SEWER SYSTEM
BONDS, $4,000,000 STORM SEWER IMPROVEMENT BONDS AND $6,000,000
STREET AND HIGHWAY IMPROVEMENT BONDS OF THE CITY OF MIAMI,
FLORIDA, AND SETTING FORTH THE RATES OF INTEREST AND OTHER
DETAILS RESPECTING SUCH BONDS.
(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.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
43 MAY 12 03
i 0
THEREUPON, THE CITY COMMISSION WENT INTO A
RECESS AT: 12:00 NOON, RECONVENING AT: 2:30 P.M.
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT EXCEPT FOR: Vice Mayor J.L. Plummer, Jr.
and Commissioner Joe Carollo.
26. PLAQUES, PROCLAMATIONS, AND SPECIAL ITEMS.
1. Proclamation presented declaring t.
May,,30th Saint ..John Bosco Church Day
on the occasion of its 20th anniversary. Presented to Rv. Emilio
Vallina, Pastor.
2. "Distinguished Visitor Certificate" presented to Dr. N.J. Simon, from India.
3. Proclamation presented declaring May 17th and 18th as Creative Crime
Prevention Days.
4. Commendations presented to students involved in Creative Crime Prevention:
Roberto Stewart, Marissa Ivette Silvera, Gloria Camacho, Juan C. Martinez,
Leonor Rivera, Shammie Phipps, Jerry Robinson, Prenell Ferguson, David
Santos.
27. REFER TO MEMORIAL COMMITTEE A REQUEST TO NAME THE TMIS CENTER
AT MORNINGSIDE PARK IN HONOR OF JOHN "SLI.M" HARBETT.
Mayor Ferre: I said that I would take up David Kennedy first. Mayor
Kennedy, we are always proud to have you here and happy to see your interest
and involvement in community affairs. What can we do for you, sir?
Mr. David K•.nnedy: Mr. Mayor, Honorable Members of the Commission, Mr. Gary,
it is nice to see you back, sir. I appreciate the time you are affording me
today. There was something that I wanted to do before I left office in 1973
and we never got around to doing it. I think it is very important for the
City's recreation process that this be done. We had a man of national
emimence in our tennis program who served as the tennis director at Henderson
Park for twenty years, John "Slim" Harbett, who is considered today as the
grand old man of U.S. tennis. We named the Henderson Park facility the
Gardnar Mulloy Tennis Center at Henderson Park when Slim was the director
over there. For twenty years that park was very active. We had one of the
finest tennis programs in the country for any public park program. We held
a tournament that was held every year there that attracted the best players
in the country. We had the best junior program there that any park could
possibly have. I hope to come back here at a later date and urge you to
do something about our tennis programs in the City. We need to bring back
men like Bobby Curtis to Moore Park, where we had an outstanding opportunity
there to develop young, underpriviledged children into fine tennis players,
which we did. One was Kim Sands, who came out of Moore Park and played at
Wimbledon. There is an opportunity to do that again. Also, Henderson Park
needs to be restored to its old days. There what we are doing for the Black
children at Moore Park could be done for the Cuban children at Henderson.
So, I'll come back and lobby that another day. But the purpose is to ask
al. .44 MAY 121983
40
Mr. Kennedy (CON'T): you to consider naming the tennis courts at Morningside
Park the John "Slim" Harbett Tennis Center at Morningside Park. Slim, who
has been a pro in the Miami area since 1935, developed such players as Gardnar
Mulloy, Doris Hart, Maria Bueno, and numerous other national champions. In
the copies that I have presented to you it shows the players he has developed.
He was the coach in 1951 of the Cuban Davis Cup team. He was the coach of the
United States Junion Davis Cup team. He is considered by the U.S.T.A. as one
of the greatest tennis coaches in the history of the United States. I hope
that you gentlemen will consider this and that this will be the first step
in helping to restore Miami to its rightful place in the tennis world. Thank
you very much.
Mayor Ferre: Thank you, Dave. Dave, how old is Slim now?
Mr. Kennedy: Slim was born in 1907, so he is getting up there. This would
be a very nice gesture on our parts to a grand old man.
Mayor Ferre: Miller, would you make the motion?
Mr. Dawkins: So move, Mr. Mayor.
Mr. Perez: Second.
Mayor Ferre: Commissioner Dawkins moves; Commissioner Perez seconds the
motion. Now, the way this is properly done, Mr. Manager, is it has to go
to the Memorials Committee. Then it has to come back with their concurrence
or recommendation. Mr. Mayor, I'm sure that there will not be any problems.
The people in that Memorials Committee, for the most part, are people you
appointed back in '73. so I don't think there will be too much of a problem. I
would ask, Mr. Manager, that whoever is handling this, that the staff would
ask them to expedite it. Slim is in his mid -seventies and I'm sure he has
many more years to go, but we want to get this done soon.
Mr. Gary: Yes, sir.
Mayor Ferre: Thank you very much. Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption.
MOTION 83-378
A MOTION TO REFER TO THE MEMORIAL COMMITTEE A
REQUEST MADE BY MR. DAVID T. KENNEDY TO CONSIDER
THE NAMING OF THE TENNIS COURT FACILITIES AT
MORNINGSIDE PARK IN HONOR OF JOHN "SLIM" HARBETT.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice Mayor J.L. Plummer, Jr.
45 MAY 12 1983
sl
0 6
28. FIRST READING ORDINANCE: APPROVE EXPENDITURES REQUIRED FOP. OFF-
STREET PARKING FOR OPERATIO0 AND MAINTENANCE OF GUSMAi1 CULTURAL
CENTER AND THE OLYMPIA BUILDING.
Mayor Ferre: Mr. Plummer is on his way here now. We'll take up item 3
at this time.
Mr. Gary: Mr. Carlton is here to discuss this item.,
Mayor Ferre: Mr. Carlton, you're up.
Mr. Dawkins: Mr. Mayor, before he begins, may I see a copy of your organizational
chart? Mr. Mayor, I'd like to move that this be deferred until I can study
this to see the ethnic breakdown on this,, No, I don't need you to tell me.
I need to see it.
Mayor Ferre: He wants to say something, so let him.
Mr. Dawkins: Go ahead.
Mr. Roger Carlton: Certainly, Commissioner Dawkins, it is important that
you have that information. However, this is first reading on the budget
ordinance, and not the final adoption. The problem that it creates, if we
have a longer deferral through the summer, is the computer work that needs
to be done, the implement rate changes can't be done in that one month in
September, if second reading isn't until September. So we would be more
than pleased to give you that information, but we would like to have the
budget adopted on first reading and we will get it to you before second
reading next month.
Mr. Dawkins: But Mr. Carlton, when this Commission went on record stating
to Colonel Wilson that we were dissatisfied with the make-up of the board,
now it could appear to me that somebody down the line would have known that
at least one member of this Commission would dissatisfied with the make-up
of the rest of it; and somebody should have gotten something to somebody by
now. But now all of a sudden it is very important and urgent to you that
you get what you want in order to do what you want. But it is not important
that I should have had what I wanted in order to do what I wanted.
Mr. Carlton: Commissioner, excuse me, but I certainly agree that information
should have been given to you; and it is my oversight. But the Off -Street
Parking Board new members were appointed with the ethnic consideration that
you desired. There is now a complete representation on the board. Second,
the overall employment of the Off -Street Parking Department is 82% minority,
including over 50% at the supervisory ranks. But I will be glad to give you
that detailed.
Mr. Dawkins: What do you have in administrative?
Mr. Carlton: When I took over two years ago, there were two executive
positions under me, both of which were white males. Since that time....
Mr. Dawkins: Only two, so therefore, we only had three administrative
positions in the department.
Mr. Carlton: Yes, sir, there were only 45 employees in the department at
that time.
Mr. Dawkins: And now we only have three administrative slots.
Mr. Carlton: No, sir, there are now six administrative positions, according
to the E.E.O. definitions. Of those six, two have been females. Of all the
promotions made since I've been there 90% are Hispanic and Black.
sl
46 MAY 121983
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40
Mr. Dawkins: What is all? One? Two? Three? Four?
Mr. Carlton: No, sir, over eight.
Mr. Dawkins: How can you do eight when you only have six positions, Mr.
Carlton? I mean, you are losing me.
Mr. Carlton: I said of all promotic
Mr. Dawkins: Right now, let's you and I discuss administrative only and above.
I don't want to know anything about who sweeps the floor, how many people
park the cars. I am not interested in that. I am interested in administrative
slots; those slots that pay $40,000, $50,000, and $60,000 a year. Those are
the ones I am interested in.
Mr. Carlton: Sir, in the whole Department of Off -Street Parking there are
three positions that pay in excess of $40,000 a year. There have been no
changes in those positions since I came on board. -There have been no additions
at that level, or no appointments. Ao
Mr. Dawkins: O.K.
Mr. Carlton: Now if we go down to the $30,000 range., there have been three
positions ghat have been created. One of which is a promotion, a Black male,
Ronnie Diggs, whom you have met. Then the other two have gone to females,
Clarice Northcutt and Resa Ashman.
Mr. Dawkins: What is their ethnic...? See, with me....
Mr. Carlton: They are non -Hispanic, whites.
' Mr. Dawkins: Non -Hispanic, whitest See, we didn't gain anything. We
didn't gain a Latin. We gained one Black and two whites on top of your
other three whites. You see, I have problems with that, sir.
Mr. Carlton: I can only ask you to do one thing. That is that the Off -
Street Parking Department's total employment today is 55 employees. It
cannot be viewed in the sense of an organization that adds two or three
hundred. I can only tell you that our total employement, as I mentioned,
is 82% minority. Of all of the promotions that have been made, the
management level expansions, this has all been done with affirmative action
and the evidence of the improvements are there. I would only ask anybody
on the City staff who reviews our operation to comment on that kind of
commitment.
Mayor Ferre: Roger, the situation is this. You have three members of
the Commission here. One member of the Commission (and you need a positive
vote on all three) has a problem. There is just no way you can get three
votes today. My recommendation, in the interest of time, is that you follow
the Commissioner's request. I would say to you what I... the way you do your
homework around here is you go call on the Commissioners. Call them; convince
them. You do what Howard does. He does a pretty good job of that.
Mr. Dawkins: Mr. Mayor, to keep him from thinking that I am being unrealistic,
I will let it go on the first reading. If you can convince me, then I will
vote on the second reading. But you see, you and others out there ... I have
been saying that up here for two years. You come right back up here the same
every time. Then you tell me, "We have to have this." You know, let's work
together and meet each other half way.
Mr. Carlton: Commissioner, I hear you. I will be in your office just as
soon as I get the information in writing.
Mayor Ferre: Commissioner Dawkins moves. Commissioner Perez seconds on
first reading. The ordinance, which is item 3, read the ordinance.
Further discussion? Call the roll.
sl -47 MAY 121983
0
AN ORDINANCE ENTITLED -
AN ORDINANCE APPROVING EXPENDITURES REQUIRED BY
THE DEPARTMENT OF OFF-STREET PARKING FOR THE
OPERATION AND MAINTENANCE OF GUSMAN CULTURAL
CENTER AND THE OLYMPIA BUILDING OF THE CITY OF
MIAMI FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 1983
AND ENDING SEPTE4BER 30, 1984; AND ALSO APPROVING
THE ENUMERATED SOURCES OF REVENUE FROM SAID OPERATION;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE AND REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH.
Was introduced by Commissioner Dawkins, and seconded by Commissioner
Perez and passed on its first reading by title by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
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 public.
29. FIRST READING ORDINANCE: APPROVE APPROPRIATIONS FOR FY 83-84
FOR THE DEPARTMENT OF OFF-STREET PARKING.
Mayor Ferre: Take up item 4, which is the same thing for Off -Street
Parking. It is the appropriations approval for Fiscal Year 83-84 by
the Department of Off -Street Parking on first reading. Is there a motion
on first reading? Dawkins moves. Perez seconds. Further discussion?
Read the ordinance. Further discussion on first reading? Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE APPROVING APPROPRIATIONS FOR THE
FISCAL YEAR COMMENCING OCTOBER 1, 1983 AND ENDING
SEPTEMBER 30, 1984 BY THE DEPARTMENT OF OFF-STREET
PARKING; FURTHER AUTHORIZING THE OFF-STREET PARKING
BOARD TO DEVELOP EXPERIMENTAL RATE STRUCTURES AND
TO INITIATE RATES FOR NEW FACILITIES DURING THE
FISCAL YEAR; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins, and seconded by Commissioner
Perez and passed on its first reading by title by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice Mayor J.L. Plummer, Jr.
sl . 48 MAY 121983
0
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.
AT THIS POINT MAYOR FERRE ASKED IF THERE WERE ANY
SPEAKERS ON AGENDA ITEMS 3 and/or 4. NO ONE STOOD
UP AS SPOKESMEN ON EITHER ITEM.
30. CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF N.W. 20 STREET AREA
SIDEWALK IMPROVFAAENT H-4437.
Mayor Ferre: Take up item number 5. This is confirming the assessment
roll for the construction of the N.W. 20 Street area sidwalk improvement.
For the record. Are there any people here that want.to speak on this
public hearing on item 5? Let the record reflect that nobody stood up
as spokesmen on item 5. Is there a motion, then, on the assessment roll
for the construction of N.W. 20 Street area sidewalk improvement? Dawkins
moves.
Mr. Perez: Second.
Mayor Ferre: Perez seconds. Further discussion on item 5? Call the roll.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 83-379
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION
OF N.W. 20 STREET AREA SIDEWALK IMPROVEMENT IN N.W. 20
STREET AREA SIDEWALK IMPROVEMENT DISTRICT H-4437 AND REMOVING
ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY CERTIFIED.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice Mayor J.L. Plummer, Jr.
al -49 MAY 121983
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31. ACCEPT RECOMMENDATIONS FOR ANNUAL REVIEW OF CABLETELEVISION, AS
CONTAINED 114 MEISORANDUM OF CITY MANAGER.
Mayor Ferre: Take up item 6, which is the Cable television annual review.
Mr. Manager, do you have some recommendations on this?
Mr. Gary: Cable television, number 6, I would like Ms. Sue Smoller of our
staff to speak to the subject.
Mayor Ferre: Ms. Smoller, the Chair recognizes you.:
i
Ms. Mary Sue Smoller: Mr. Mayor and Members of the Commission, my name is
Mary Sue Smoller, Assistant to the City Manager for Cable Communications.
The annual report you have before you has been prepared by the following
staff: the Affirmative Action and Training Sections.with Dr. Hattie Daniels,
Affirmative Action Supervisor and Mr. Ivey Kearson,.•Jr. of the Overtown Jobs
Project; national sections.... ,
Mayor Ferre: Wait, wait.
---------------------------------------------------------------------------
Vice Mayor J.L. Plummer, Jr. entered the meeting at 3:20 P.M.
---------------------------------------------------------------------------
Ms. Smoller: As I was just saying, the report has been prepared by the
following staff: the Affirmative Action and Training by Dr. Daniels and
Mr. Kearson; financial by Manuel Rodriguez, Accounts Supervisor; the
engineering sections, Dennis Zimmerman of Warren Braun, Consulting Engineers;
and assisting in legal review and overall preparation, A. Quinn Jones, the
Assistant City Attorney for Cable T.V.; and of course, Mr. Clark Merrill and
myself. They have reviewed all the material submitted by Miami Cablevision.
Assistance has also been provided by the City Special Counsel Arnold 6 Porter.
The reporters based their reports in response to the City's request for
supplemental information furnished by the company. As it in noted in the
annual report, certain necessary information is still outstanding. This
is why the recommendation has been made to continue this report until the
Commission's July meeting. To prepare such an annual report to determine
compliance, two tools are necessary. The first tool is the license ordinance
with the various plans, the technical plans, construction, financial, programming,
training, affirmative action, and such.
Mayor Ferre: Are you doing this for the record, or what?
Ms. Smoller: I'm doing it for the record and also I would like to explain
to you why the recommendations have been made, Mr. Mayor. It will be brief.
But I think it is important to put on the record.
Mayor Ferre: Go ahead.
Ms. Smoller: Those were submitted by Miami Cablevision. They became a part
of the ordinance. That's the base for compliance, which is what this report
is all about. The second tools are the annual and the semi-annual reports
that are required by the ordinance to be filed with the City. These give
a picture of a company's progress and you use these in comparison with the
license ordinance to determine compliance. This is the basic regulatory
process that is set up by the ordinance. It is used by cities all over the
country; large cities with systems like Miami to do reports to determine
compliance. The preparation of this first report has been complicated.
There have been some problems with the two tools that are ndcessary to
determine compliance and make the report. Well, the first is the problem
with the license ordinance's face. There have evidently been changes in
the system design, the construction schedule, service offerings from those
50 MAY 121983
4 do
Ms. Smoller (CON'T): submitted during license negotiations. Now, this may
require a re-establishment of the base that I just spoke about that is necessary
to determine compliance. The City needs to know exactly what those changes are
and their effects. Also, although the licensee's technical construction and
financial plans were approved, the local origination and access, the affirmative
action and the training plans were never formally accepted by the City. So
those need to be worked out and the area for compliance to be established
with the licensee. Second, not all the information necessary to give a current
picture of the company's progress has been supplied to the City. So, to make
a report to you that will assist you in making the kind of policy determinations
required, we need to have all the information. This. is why we recommend to you
on the first page of the report that a continuation of this report be held until
July 14th.
Mayor Ferre: Is there a motion?
Mr. Dawkins: Discussion first, Mr. Mayor.
Mayor Ferre: All right.
i
Mr. Dawkins: Did the City agree to those changes that you said, that you
just spoke of?
Ms. Smoller: We understand from materials supplied.:in the reports that we
have received, that these changes have been made. -We wish to have the information
to determine that....
Mr. Dawkins: No, ma'am, I'm going to ask my question again and slowly. Did
the City of Miami approve, O.K., or give permission for the changes that you
are speaking of?
Ms. Smoller: No, and we are not sure exactly.
Mr. Dawkins: So they are in violation of their agreement.
Ms. Smoller: No, that is not necessarily true.
Mr. Dawkins: Well, then tell me why not.
Ms. Smoller: We will know better when we have the other information we
need to make that determination. There may or may not be a violation.
Mr. Dawkins: Mr. Gary, did not the agreement say that before they make
any changes, etc., you had to approve it?
Mr. Gary: That's correct. Let me....
Mr. Dawkins: Thank you, no, no! Why are we going to give them 90 days
to give us what we need?
Mr. Gary: Let me explain what this report basically says, Mr. Mayor and
Commissioners. The report basically says that the information that we have
received from the cable company is not adequate enough for us to make an
objective, rational, and thorough evaluation. We have been trying to work
with them in terms of the types of information we need so that can be
accomplished. The information has been very poor and we are not satisfied
with it. However, we feel that it is our responsibility to give them one
more opportunity by identifying a system and procedure and the type of
information that we want which would remove any excuses that they may have
in terms of their not being able to fulfill their responsibilities. We
cannot, at this particular point in time, make a thorough evaluation to
determine whether they are in compliance or not. That is the bottom line.
51
sl � ��s3
MAY 1
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0
Mr. Dawkins: Mr. Gary, the only problem I have with that is that ever since
you have had this agreement, they have been slow and late in producing materials
that you requested. Now you are giving them 90 more days. As it falls,
additional time will afford the development of a local origination. They
had George H. Green with local origination, nothing. Mr. George H. Green
was kicked out. They brought in another group. They have been working with
them for damn near ten months, nothing. So, I mean, when will the City
decide that this company has no intention of having a local origination
station, or when are you going to tell them, "Hey, look, you've had time
enough to do it, and we are going to penalize you according..." or whatever.
I don't know what you negotiated.
Mr. Gary: Mr. Dawkins, I cannot argue to that point because I agree with
you. It appears that either through the lack of administration over there,
or for some other reason that we cannot get the type of information we should
be getting. But I can assure that this is the final deadline. If they do
not comply with that deadline, I will be the first. -to recommend to the City
Commission that we impose penalties.
Mayor Ferre: Well, Mr. Dawkins, are you...? What is -the will of this
Commission at this point? I would urge that we follow the Manager's recom-
mendation at this point. I think we are at another critical junction. In
my opinion we will be at further critical junctions in the future. But I
do think that we -have so many problems facing us in'this whole area of
cable T.V., not the least of which is the Congress-:. In my opinion, the
way that is going and the way Senate Bill 66 is going, this is all moot
anyway. We are just wasting a lot of time here. Because I think we are
going to get wiped out. So, I think we are just wasting a lot of time
because I don't think any of this is going to be around after the Senate
finishes with us. So, until we know which way Senator Goldwater's bill
is going, and I think I know which way it is going, I don't think we should
be in any way creating any more road blocks or problems until that is decided.
So, I would recommend that we go along with the Manager's recommendation.
But whatever the will of the Commission is, I am ready to go. What do you
want to do?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Perez: I move that we approve.
Mayor Ferre: There is a motion by Commissioner Perez. Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion? Seconded by Plummer. Call the roll.
The following motion was introduced by Commissioner Perez, who moved
its adoption.
MOTION 83-380
A MOTION ACCEPTING THE RECOMMENDATIONS FOR THE ANNUAL
REVIEW OF CABLE TELEVISION AS CONTAINED IN A MEMORANDUM
FROM CITY MANAGER HOWARD V. GARY TO THE CITY COMMISSION
DATED May 6, 1983.
Upon being seconded by Commissioner Plummer, 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: Commissioner Miller J. Dawkins
ABSENT: Commissioner Joe Carollo
ON ROLL CALL:
Commissioner Dawkins: I don't think they are going to do anything, so
I'm going to vote no.
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52 MAY 121983
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32, EMERGENCY ORDINANCE: APPROPRIATE $70,000 TO THE CITY CLERK'S
OFFICE FOR INCREASED ADVERTISING REQUIREMENTS MANDATED BY CITY
COMMISSION AND CITY ATTORNEY LEGAL OPINIONS.
Mayor Ferre: We'll take up item 25. This is an increase in the appropriations
in the General Fund for the City Clerk's Office in the amount of $70,000 for
the purposes of providing funding to meet increased advertising requirements
mandated for City Commission action and legal opinions issued by the City
Attorney. Is there a motion on 25?
Mr. Gary: This is mandated by law. We have to do the advertising.
Mayor Ferre: Moved by Perez. Is there 4�, second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion? This is on an emergency. We need four
votes. Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED
AN EMERGENCY ORDINANCE AMENDING SECTION 1"OF
ORDINANCE 9502, ADOPTED SEPTEMBER 23, 1982, THE
ANNUAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1983, AS AMENDED, BY INCREASING
THE APPROPRIATION IN THE GENERAL FUND FOR THE CITY
CLERK'S OFFICE IN THE AMOUNT OF $70,000 AND BY
DECREASING THE APPROPRIATION FOR SPECIAL PROGRAMS
AND ACCOUNTS CONTINGENT FUND IN A LIKE AMOUNT FOR THE
PURPOSE OF PROVIDING FUNDING TO MEET INCREASED AD-
VERTISING REQUIREMENTS MANDATED BY CITY COMMISSION
ACTION AND LEGAL OPINIONS ISSUED BY THE CITY ATTORNEY
RELATING TO THE ADVERTISING OF ORDINANCES; 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 require-
ment of reading same on two separate days, which was agreed to 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
Whereupon the Commission on motion of Commissioner Perez and seconded by
Commissioner Plummer , adopted said Ordinance 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
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9613
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission
and to the public.
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33. EMERGENCY ORDINANCE: NEW TRUST AND AGENCY FUND ENTITLED "STRESS
CONTROL TRAINING COURSES FOR POLICE OFFICERS IN REGION 14".
Mayor Ferre: 26 is related to the other items, right?
Mr. Gary: No, sir, this is separate. This is the normal stress training
that we provide our police officers, Mr. Mayor.
Mayor Ferre: Dawkins, are you going to move that?
Mr. Dawkins: Yes.
Mayor Ferre: All right, Dawkins moves item 26.
Mr. Plummer: Second.
• Mayor Ferre: Plummer seconds. Is there any discussion on this? All right,
read the ordinance. Call the roll.
AN ORDINANCE ENTITLED
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF
ORDINANCE NO. 8719, ADOPTED OCTOBER 26, 1977,
THE SUMDMARY GRANT APPROPRIATIONS ORDINANCE, AS
AMENDED, BY ESTABLISHING A NEW TRUST AND AGENCY
FUND ENTITLED: "STRESS CONTROL TRAINING COURSES
FOR POLICE OFFICERS IN REGION 14", AND APPROPRIATING
FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT OF
$23,520; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer for adoption as an emergency measure and dispensing with the require-
ment of reading same on two separate days, which was agreed to 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
Whereupon the Commission on motion of Commissioner Dawkins and seconded by
Commissioner Plummer , adopted said Ordinance 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
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9614
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission
and to the public.
54 MAY .121983
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34. FIRST READING ORDINANCE: AUTHORIZE ISSUANCE OF PARKING SYSTEM
REVENUE BONDS OF THE CITY OF MIAMI IN AN AGGREGATE PRINCIPAL
AMOUNT NOT EXCEEDING $16,000,000.
Mr. Gary: Mr. Mayor, item 27 I want to do on first reading.
Mayor Ferre: First reading only.
Mr. Gary: That would allow us to have our bond financial advisers.
Mayor Ferre: Is Mr. Carlton here? Roger, come up to the microphone for
a moment. On second reading, Mr. Carlton, I would like to add the following
specifications for us to issue somewhere into this: :First of all, I want
to make it abundantly clear that on any issue on any -design or on any
contract the City of Miami Commission has final say. I want that legally
put into this and abundatly clear. I want to make sure that there is no
question that the City of Miami... that there is an umbilical cord between
the Parking Authority and the City of Miami; and that that umbilical
cord exist$. I want that to be very clearly understood, both in the
question of selecting a bond council, selecting bond house in the archi-
tectural design, selecting of parking consultants, selecting of contract.
I think it is important that you also be bound by those things in the
City of Miami ordinances, for example, dealing with minority procurement,
that you too are bound by that. In other words, that you are not excempt
from any of these things that the City of Miami is involved in. I want
to make sure that the Manager has an opportunity to go over all these
with you so we have a clear understanding of all this. With that as a
criteria, then, are we ready to go on first reading?
Mr. Plummer: 27?
Mayor Ferre: Plummer moves.
Mr. Plummer: Instead of an emergency, it is first reading?
Mr. Gary: Right.
Mayor Ferre: First reading. Demetrio?
Mr. Perez: Yes.
Mayor Ferre: Perez seconds. Further discussion? On first reading, read
the ordinance.
Mr. Garcia -Pedrosa: Mr. Mayor, I'm going to read it as amended to delete
the emergency feature of it.
Mayor Ferre: Call the roll on first reading.
sl Z5 MAY 121983
AN ORDINANCE ENTITLED -
AN ORDINANCE AUTHORIZING THE ISSUANCE OF PARKING
SYSTEM REVENUE BONDS OF THE CITY OF MIAMI, FLORIDA,
INCLUDING AN INITIAL SERIES OF BONDS IN AN AGGREGATE
PARKING PRINCIPAL AMOUNT NOT EXCEEDING $16,000,000
FOR THE PURPOSE OF PAYING AT THEIR RESPECTIVE MATURITIES
OR REDEEMING THE OUTSTANDING PARKING FACILITIES REVENUE
BONDS OF THE CITY ISSUED PURSUANT TO ORDINANCE NO. 7414,
ADOPTED ON MARCH 14, 1966, AS AMENDED, AND ORDINANCE
NO. 9060, ADOPTED ON JANUARY 24, 1980, AS AMENDED;
PROVIDING FOR THE PAYMENT OF SUCH BONDS AND THE
INTEREST THEREON FROM NET REVENUES DERIVED BY THE CITY
FROM ITS PARKING SYSTEM; AUTHORIZING OTHER..CLASSES OF
INDEBTEDNESS TO BE SECURED AS HEREIN PROVIDED; SETTING
FORTH THE RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH
BONDS; AUTHORIZING THE VALIDATfON OF SAID BONDS.
Was introduced by Commissioner Plummer, and seconded by Commissioner
Perez and passed on its first reading by title by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
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 36 was deferred.
35. AUTHORIZE CITY i4ANAGER TO ALLOCATE SUFFICIENT FU110S TO ADMINIS-
TER "ROVii1G LEADER PROGRAM" AS A FUNCTION OF J.E.S.C.A. TO BE
OPERATED BY POLICE DEPARTMENT COMMUNITY RELATIONS SECTION.
Mayor Ferre: We will take up Archie Hardwick next. Then we will get back
until Carollo gets here. All right, go ahead, Archie, we are always happy
to have you.
Mr. Archie Hardwick: I'm Director of the James E. Scott Community Association.
We have come before you for a program which is called the Roving Leader Program.
�� MAY 121983
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Mr. Plummer: Excuse me, is this Item number 24?
Mr. Hardwick: Yes, it is.
Mr. Plummer: Okay, because you don't look like Miller Dawkins.
Mr. Hardwick: No, I am not prettier! We are requesting $50,000 for a
Roving Leader Program. This is the continuation of a program that we have
had last year and the year before, and the purpose of this program is to
work with youth in the summertime and this program will be located in
the Culmer area and the Overtown area. In fact, we have two facilities
there.
Mayor Ferre: Is it limited to Culmer-Overtown?
Mr. Hardwick: No, it isn't. No.
Mayor Ferre: Well, where else is it?
Mr. Hardwick: Well, we have it in Liberty City and we have it in the
Coconut Grove area.
Mayor Ferre: Okay, Archie, the only thing I am concerned with is that we
don't fund projects that also cover Metropolitan Dade..'County.
Mr. Hardwick: No, this program will be geared specifically for the City of
Miami and we will be working closely with the youth in those areas, provid-
ing counseling, and working closely with the law enforcment agencies. We
will be hiring youth out of the area there and we will be giving constantly
a constant presence in those specific areas throughout the summer.
Mayor Ferre: Are these, Mr. Hardwick...
Mr. Hardwick: We will also be offering recreational programs, intensive
training - all these types of programs in that area.
Mr. Perez: How long will it take...
Mayor Ferre: Is this for the summer, or for the whole year?
Mr. Hardwick: This will be for the summer, from June 1st to October 31st.
Mayor Ferre: Okay, because I was wondering... it says here you are paying
the Roving Leaders $4,500 a piece. That obviously is not for a year. You
are just talking about three months.
Mr. Hardwick: I am talking about six months...approximately four months.
Mr. Plummer: Yes, I've read it.
Mayor Ferre: All right, Mr. Manager, where do you stand on this?
Mr. Gary: Mr. Mayor, I would say that this is a good program. I would
like to recommend that the request be granted at the same level it is this
year - five full time, one part time, one administrative, as opposed to
significant increases here and that this program work under the Police
Department Community Relations section. - the James Scott Program work un-
der the Police Department's Community Relations section.
Mayor Ferre: Are you recommending funding of $50,000, or $20,000?
Mr. Gary: No, less than $50,000.
Mayor Ferre: What are you recommending?
Mr. Gary: I recommend the cost for five full time, one part time and one
administrative.
Mayor Ferre: That is what we had last year.
Mr. Gary: Five full time and one part time - the same thing we had last
year.
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MAY 12 19$3
Mayor Ferre: In other words, rather than going from five to eleven, you want
to leave it at five.
Mr. Gary: Right.
Mayor Ferre: Mr. Hardwick, do you want to respond?
Mr. Hardwick: I am willing to compromise. I would prefer having the program
fully funded. I would be more effective for us, because I think we are going
to have some problems in the summer and I think that you need as many people
as possible out there who work closely with the youth. -
Mayor Ferre: Well, you heard the Manager's recommendation.
Mr. Hardwick: Yes, well, I will accept it.
Mayor Ferre: I always knew you were a smart man!
Mr. Hardwick: That's right! Thank you.
Mayor Ferre: Now, let's see. There was somebody around here that I wanted
to use this as an example on. Maybe I'd better not do that! All right.
Is there a motion?
Mr. Plummer: So moved.
Mayor Ferre: Moved by Plummer.
Mr. Perez: Second.
Mayor Ferre: Second by Perez. Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 83-381
A MOTION AUTHORIZING THE CITY MANAGER TO ALLOCATE SUFFICIENT
FUNDS TO ADMINSTER THE "ROVING LEADER PROGRAM" AS A FUNCTION
OF J.E.S.C.A. ON THE SAME BASIS AS IT WAS DONE LAST YEAR;
FIVE FULL TIME POSITIONS, ONE PART TIME POSITION AND ONE
ADMINISTRATOR AS A PART OF THE CITY OF MIAMI POLICE DEPART-
MENT'S COMMUNITY RELATIONS SECTION.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr. *NOTE: Although absent on roll
*Commissioner Joe Carollo call, Commissioner
Vice -Mayor J. L. Plummer, Jr. Carollo requested of the
Mayor Maurice A. Ferre Clerk to be shown as
voting with this motion.
NOES: None
ABSENT: Commissioner Miller J. Dawkins
•
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MAY 12 1983
36. SECOND READING ORDINANCE: AMEND SECTION 2-88 OF THE CODE,
CHANGING THE AMOUNT OF FEES FOR REPRODUCTION OF RECORDS,
PLANS, MAPS, ETC. FOR THE FIRE, RESCUE, AND INSPECTION
SERVICES DEPARTMENT.
Mayor Ferre: We are now on Item number 29.
Mr. Plummer: Move it.
Mayor Ferre: All right, there is a motion by Plummer on 29. Second?
Further discussion. Yes?
Ms. Janet Cooper: For the record, Janet Cooper, 169'East Flagler Street.
I have no problem with general increase inecosts for obtaining copies, but
I think that you should be aware that this is going to serve a hardship on
a certain segment of the community and that segment of the community should
not be forced to bear the most substantial increase.
Mayor Ferre:, What are you talking about, Janet?
Ms. Cooper: We are talking about an overall 20% increase, but if you go and
you ask for a copy of a page - right now it is 25C. '.Now they are talking
about raising it to 50C. That is not a 20% increase, that is a 100% increase.
Mayor Ferre: Well, who is going to be affected, those people that can
least afford it?
Ms. Cooper: The individual citizens of this community who can't afford it -
not the developers and not the business people, but the individual citizens,
also the non-profit organizations that have done a great service to this
community. I think two things need to be done. First of all, I think you
need to lower the increase to a 20% increase, which would make it 30C.
Second of all, you should not institute until you provide coin operated
machines where the copies can be made cheaper. To increase it without pro-
viding that option is not fair.
Mr. Plummer: Janet, since I was the one who spoke to this issue, all I
was asking for, and I didn't try to set a price - all I said was "Let us
break even". We are not trying to make money. All we are trying to do is
break even. Now, you and I know that we can make copies for 15C or 20C at
the outmost, but yet, we have to have all of the back up; you have to have
the people to run the copies; we have to have the people, the machines and
all of that. All I am saying is, if 50C is the figure, and I am sure the
Clerk can justify it, that is all I have ever asked - let us break even.
Ms. Cooper: I don't know anyone else that charges 50C a copy. Most I have
heard of is 25C. It is really prohibitive. You come down and you try to
get a copy of a transcript that is twenty pages, that is going to be $10.00,
and that is just too much money and it is 100% increase. I have no problems
with the theory of an increase or hitting it in areas such as microfilm,
where the general public doesn't come and ask for many copies. We are talk-
ing about citizens - average citizens, or non-profit organizations, home-
owners groups that need these copies, have no other way to obtain them,
like some of the well known attorneys that are on the list can get trans-
cripts mailed out to them all the time for free.
Mayor Ferre: All right, thank you. What is the will of this Commission
on this issue?
Mr. Plummer: Is 50C justified? If that is what it costs us, then I...
Mayor Ferre: Mr. Manager, you are recommending it?
Mr. Gary: It is justified. I recommend it.
Mayor Ferre: Plummer is moving it. Is there a second?
Mr. Carollo: Second, 59 MAY
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Mayor Ferre: Further discussion? Read the ordinance on second reading.
AN ORDINANCE ENTITLED:
AN ORDINANCE AMENDING SECTION 2-88 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA AS AMENDED, WHICH ESTABLISHED
FEES FOR EXTRAORDINARY SERVICES IN CONNECTION WITH
REPRODUCTION OF RECORDS, PLANS AND MAPS, INCLUDING
THOSE ON MICROFILM, OF THE FIRE, RESCUE AND INSPECTION
SERVICES DEPARTMENT, BY INCREASING SAID FEES TO COVER
THE INCREASED OPERATIONAL COST; CONTAINING A UPEALER
PROVISION, A SERVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
Passed on its first reading by title at the meeting of April 6, 1983,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Plummer, 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
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9615.
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.
37. ALLOCATE $7,000 FROM CONTINGENT FUND FOR SECOND ANNUAL
CONVENTION OF THE DEMOCRATIC BLACK CAUCUS OF FLORIDA.
Mr. Carollo: I have an item here that we all have heard some weeks back
and it was deferred on my asking. That was a request for $7,000 from the
Democratic Black Caucus of Florida. I had the opportunity to meet with the
individuals and they explained to me what they were trying to do and, unless
there are any objections from any of you, I am ready to make the motion to...
Mayor Ferre: I will accept you for the purposes of making the motion in one
moment. In the meantime, Mr. City -Attorney, the question was when we broke
up on this, as that how could we, in the City of Miami spend City funds on
matters that might be political from a party point of view. The question
was then asked of you, was to find out how Metropolitan Dade County was
doing, since it was my understanding that Metro - the Metro Commission had
voted $7,000 for the purpose of holding a Black Democratic Caucus in Miami.
I chink the majority of us said that we were willing to spend the money in
the same way that Metro was doing, provided, however, that it was legal.
Is it legal?
,so
MAY 121983
Mr. Garcia -Pedrosa: Mr. Mayor, I have reviewed the matter and have determined
that it is legal, provided that it is based on the legislative intent that the
record should reflect that this Commission has to promote the City to carry
on a essential educational function, to increase the economic activity of
the area, and generally promote the general welfare.
Mayor Ferre: I might point out, because this lays a legal predicate that
I think that we have to understand. San Francisco is willing to spend
millions of dollars to have the Democratic Party Convention. The City of
Miami Beach in the past, and the last time was 1972, and I was not on the
Commission that particular year, but Plummer was - and -I might remind Mr.
Plummer in 1972, he, along with Dave Kennedy and others, voted for the
expenditure of City of Miami funds to host the Democratic Convention in
Miami Beach, not Miami. We didn't have a convention center. Now, the point
is that there has been ample legal precedent of this City having expended
funds in the past dealing with political parties. I'eee no reason why that
is not applicable to a portion of the Democratic Party -,"or the Republican
Party, or whatever you will, if it serves a public purpose. And having
established that, and with your predicate, would somebody wish to make the
motion?
Mr. Carollo: Mr. Mayor, based on the guidelines that,the City Attorney gave
us, I will make the motion along with the the addition to my motion, that
the same amount of monies that will be given to this organization, this
particular group, will be given in the future to the'pther party, if they
come before the Commission....
Mayor Ferre: You can mention it here. You have a lot of Republicans here.
I see Bob, Paul and...
Mr. Carollo:.... with an appropriate and decent plan
Mayor Ferre: All right, I see a Republican right here. I see two Republi-
cans! All right, there is a motion and a second.
Mr. Carollo: So, I guess what I am saying is, we are voting $14,000!
Mayor Ferre: Dr. Ferguson, do you want to add anything? Do you want to
say "amen"?
Dr. Ferguson: Ament
Mayor Ferre: Further discussion? Call the roll.
The follc-,oing resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-382
A RESOLUTION ALLOCATING $7,000 FROM THE CONTINGENT FUND
IN SUPPORT OF THE 2ND ANNUAL CONVENTION OF THE DEMOCRATIC
BLACK CAUCUS OF FLORIDA TO BE HELD MAY 19-22, 1983, IN
MIAMI, FLORIDA.
(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.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None 51
MAY 121983
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38. LONG DISCUSSION ITEM AND PUBLIC HEARING CONCERNING VARIANCES
GRANTED FOR CONSTRUCTION OF JACAROL BAY CLUB. MOTION FAILED.
(ACTION OF ZONING BOARD STANDS).
Mayor Ferre: All right, we are back to Item Number one.
Mr. Carollo: Excuse me. Miller, on Item one, do you have a conflict of interest
on Item one? I am not quite sure what the conflict of interest might be. If
I could get it for the record, I would appreciate it.
Mr. Dawkins: Would you give him a copy of the memorandum that you sent
to (not on mike).
Mr. Carollo: Thank you. Okay, could that be passed tome, please?
Mr. Garcia -Pedrosa: I don't find another copy of it, Commissioner, but...
Mr. Plummer: Do we all get a copy?
Mayor Ferre: Tell us what it says.
Mr. Carollo: I guess what I am trying to find out is. -.and maybe the Clerk could
help me - Mr. Ongie, do you have the written statement from Commissioner Dawkins
as to why he has a conflict of interest regarding this item?
Mr. Ongie: I believe so.
Mr. Carollo: If so, can you read it for the record, please?
Mr. Ongie: I will have to find it.
Mayor Ferre: Do you want to wait for that?
Mr. Carollo: Please, if I could, I would like to wait for him.
Mr. Ongie: Reading from Form 4, Memorandum of Voting Conflict -
"Description of the matter to be voted on in official capacity -
Land Use Variances request by Jacarol Bay Club"
Under Section 2, which is -
"Description of personal, private or professional interest you have
in the above matter which inures to you to special private gain or
special private gain of any principal by whom you are retained"
the answer is -
"I am going to rent space at Joffwell to operate a business of
a Health Care Service Center."
This document is signed by Commissioner Dawkins.
Mr. Carollo: In other words, that he is not going to be employed by Joffwell
Construction any longer. What he will be doing is, he will be renting space
from Joffwell Construction. Is that correct?
Mr. Ongie: Yes, sir.
Mr. Carollo: Mr. City Attorney, if he is paying and by Commission using
the word rent, in leasing, that certainly indicates that he will be paying for
the space he will be using. Does that in itself constitute a conflict of
interest or not, since he is not gaining...
Mr. Dawkins: What is the point of trying to figure the lease?
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MAY 121983
i'
Mr. Carollo: Excuse me, Commissioner Dawkins, so I can finish, sir. You
can finish.
Mr. Jack Weiss: I think Commissioner Dawkins can answer that question himself.
Mr. Carollo: If you don't mind, you will have your time
Mayor Ferre: I am going to run this meeting. Okay, I hope we get - Mr.
Weiss, let's do an orderly process here. Finish your statement, Commissioner
Carollo, and then Miller Dawkins, and then the City Attorney. Go ahead.
Mr. Carollo: What I would like to hear from the City Attorney is, since the
Commissioner states that he will be paying, according to the statement that he
gave to the City Clerk for the space that he will be leasing, that in itself,
does it constitute a conflict of interest or not, since he will not be gaining
anything when he leases that space and pays them for that space?
Mayor Ferre: All right, Miller Dawkins first and then;the City Attorney.
00
Mr. Dawkins: Read back to me what Mr. Carollo said about having been paid,
or something to that effect?
Mr. Ongie: Mr. Commissioner, it is on the tape, we would have to stop the
meeting and I would have to play the tape back. ti
Mr. Dawkins: Okay, let me say this. Mr. Carollo said that Miller Dawkins
had been paid by Jacarol, which is a lie.
Mr. Carollo: I did not say that, Commissioner Dawkins. I would hope that you
could hear a little better than you have. What I stated was, that according to
the statement that you wrote, you have indicated that for the space that you
will be leasing....
Mr. Dawkins: No, before that you said...
Mr. Carollo:.... from the space that you will be leasing from Joffwell, you
will be paying them for that space, which, I am in agreement with you what you.
stated there that you are leasing space. You are not getting this space free,
if what you wrote there is accurate.
Mayor Ferre: Mr. City Attorney...
Mr. Carollo: So, my question to the City Attorney is, since you are not being
given this space free, since you are paying to the space, according to the
statements that you made, if they are accurate, does that in itself constitute
a conflict of interest or not?
Mayor Ferre: Mr. City Attorney fr the answer.
Mr. Garcia -Pedrosa: Mr. Mayor and members of the Commission, I think the answer
has to come from each individual Commissioner. The law merely sets out the
perimeters and it is up to the individual exercising his right to vote or not
exercising that right to vote, to determine whether or not a conflict exists,
or whether or not in his own mind there is either an impropriety or an appearance
of impropriety. I was not asked at the last meeting by Commissioner Dawkins to
advise him on this matter, and have not been asked to do so and I don't wish
to presume'to do so absent his request.
Mr. Carollo: In other words, I gather to understand that any time any member of
this Commission would constitute in their own mind, whatever the reasons might be
or might not be, that they would like to feel in their own minds that they have
a conflict of interest, that they could abstain from voting and biting the
bullet.
Mr. Garcia -Pedrosa: Well, Commissioner, I...
Mr. Carollo: Okay, is there anything in the law that says that if you don't
have a conflict of interest, or better yet, what does the law state inasfar as
if you are present in a Commission meeting without having a conflict of interest,
as described by the law, that you have to vote?
ld 1 S3 MAY 121983
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Mr. Garcia -Pedrosa: That is true, sir. That is a State Statute.
Mr. Carollo: In other words, according to this State Statute, unless you have a
conflict of interest, you have to vote.
Mr. Garcia -Pedrosa: That is correct, Commissioner.
Mr. Carollo: Okay, well, regardless of what Commissioner Dawkins does or
doesn't do with his vote, I think it is very clear that from what he stated in
his statement to the City Clerk, that he doesn't have a conflict of interest,
at least, not in that. Now, if there ace other reasons that are troublesome
for him, where he feels he might have a conflict of interest, that is something
different. But, at least with the statement that was written to the City Clerk,
to this individual, using some simple common sense, that does not indicate to me
that there is a conflict of interest. Now, since, and I think I might as well
explain this to some of the people that have come here to hear this, since what
is happening here is that unlike most other matters that come before this Commis-
sion, where you are going to need a minimum of three votes in other for the item
to pass, it is quite different today, and I will tell you why it is quite dif-
ferent - Since the Planning Board original-ky, and.stili is in favor of denial
for this project - when it came before the Zoning Board, the Zoning Board voted
to be in favor of the project, so in other words...
INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD
Mr. Carollo: Mr. Weiss, you certainly are out of order, Mr. Weiss! You
certainly are out of order!
Mayor Ferre: Jack, Jack - as soon as he finishes! Jack - Mr. Weiss. As soon
as Commissioner Carollo finishes, I will recognize you next. I will recognize
you next. Go ahead, Commissioner Carollo.
Mr. Carollo: So, the situation that you have here today, that even if there is
a lock, like there will be, of two -two. In other wordslif there are only two
Commissioners in favor of the project going ahead, and there is not a majority
of the members of the Commission that are in favor of the project going ahead;
in fact, if there was only even one Commissioner that was in favor of the
project going ahead, then what would happen is, that as long as there are not
three Commissioners that are in favor of the project not getting the variances
that are required, the project would still go ahead. So in other words, only
by one member or two members of this Commission, as long as there no three mem-
bers of the Commission that are opposed to the project, the project will be
able to proceed. And if I may also say for the record, and it has been very
clear in past Commission meetings; in fact the press has reported it very
accurately, this Commissioner has been the one that in the past, on quite a few
occasions wanted to hear this, except that some of my colleagues might have
gotten a little cold feet at the time with the Federal Grand Jury investigation
on this particular matter, and decided that they wanted to hear more excuses
in order to justify their vote on it, so based on that, I am ready to go ahead
and have some of my colleagues go ahead and approve the project so it can be
built.
Mayor Ferre: Okay, now. I am going to recognize Mr. Weiss in a second, be-
cause he stood up and'I promised him I would do that, but I want to congratulate
Commissioner Carollo, because this is the first time that I have heard in three
years him to say that the press reported something accurately. All right now,
Commissioner Dawkins, Jack - is that all right with you, if Commissioner Dawkins
clarifies something? All right, go ahead.
Mr. Dawkins: (INAUDIBLE, OFF MICROPHONE)... Mr. City Attorney, is there anything
illegal or immoral about my abstaining?
Mr. Garcia -Pedrosa: Commissioner, if you believe, or have reason to believe
that your acquisition of any property interests which would include a leasehold,
directly affects your official action...
Mayor Ferre: Or indirectly.
Mr. Garcia -Pedrosa: Or indirectly affects your official action, and you make
that determination, then there would be nothing illegal in your actions. On
the other hand, if you were not to make that determination, then you have to
vote, under State law.
MAY 121983
r Id
Mr. Dawkins: For the record...
Mayor Ferre: To be completely legal...
Mr. Dawkins: I have made the determination that I feel that it would be a
conflict of interest for me to participate on this item.
Mayor Ferre: All right now, is it Mr. Weiss, or Mrs. Weiss that wants to
speak on this? Okay, Mrs. Weiss.
Mrs. Carolyn Weiss: Mr. Mayor, again, my name is Carolyn Weiss, President
of Intercontinental Properties, agent for Jacarol Bay Club, and I think that
we are here today after Mr. Matthews has already made his presentation and
where we have adjusted with Mr. Dick Whipple from the Planning Department,
as to the F.A.R., as to what the interpretation is before the Z.A.B., and
right now the project will be at 1.439, a little bit less than 1.44.
Mayor Ferre: Mr. Whipple, do you want to stipulate that into the record
so we have a denial or a concurrence?
Mr. Richard Whipple: The Department has continually been opposed to the
variance request. The project has been modified per the City Commission's
previous concerns regarding a F.A.R. between 1.59 and 1.44. I can confirm
that the request is now 1.44, 1.1 permitted, as part of their request.
Mayor Ferre: All right now, I am going to rule here as the Chairperson,
and Mr. City Attorney, you listen carefully, and if I say something that
isn't legal, or isn't proper, you tell me. All right, the Chair rules
that this legally before us and we are ready to proceed in voting because
the zoning regulations of the City provided for in the Charter, and as
provided for in the ordinances that changed the zoning process give the
authority to the Zoning Board, the right to change, and they can only come
to the Commission if there is an appeal. There is an Appellant here. Now,
the Appellant, Mr. Matthews has been here before and will address us in
a second. For Mr. Matthews to prevail in his request for appeal, and
therefore overturn the ruling of the Zoning Board, there must be three
positive votes out of this four member Board. The regulations regarding
conflicts of interest are abundantly clear and I was there in the Legisla-
ture in 1966 and 1967 when it was voted on in the Constitutional change, and
I voted for it, and I remember participating in the debate. The law says
that a conflict of interest exists if the individual involved feels that he
or she are directly or indirectly affected, and therefore in their conscience
they feel that they should abstain and Commissioner Dawkins has so stated on
the record and therefore he is legally entitled to abstain. Now, I think
that at this stage of the game, we have a quorum on this Commission; this
matter is properly before us and we are now ready to proceed and hear the
final closing arguments of three minutes a piece, and then vote. Did I
say anything that you disagree with?
Mr. Garcia -Pedrosa: Mr. Mayor, you have spoken in the finest tradition of
the Coconut Grove Bar Association!
Mr. Carollo: Mr. Mayor, if I may, I would like that the Chair though, to
do as we usually have done in most of the zoning items and give both
parties ample time to present their case, so that at no point in time in
the future are we accused of not having given the parties appropriate time
to explain their case to us.
Mayor Ferre: In the interest of total impartiality and fairness in chair-
ing this, I will go along with that.. I thought that since this has taken
such a long time and we had kind of gone over this pretty thoroughly, but
I am perfectly willing. You are the Applicant, so you go first.
Mr. Joseph Matthews: Mr. Mayor, my understanding is that if they are com-
pleted with their presentation and if all the members of the Commission
understand the changes that were made, as a result of the other one, then
I would like to sum up and rebut, because there are misconceptions left to
be understood.
Mayor Ferre: You, sir have ample time to rebut the presentations that have
been made several months ago, and I will give you time to rebut him, okay?
So, you will have your time to say your piece. Let the Appellent speak,
and then I will recognize you - unless you want to go first.
65
MAY 1 21983
Mrs. Weiss: No, Mr. Mayor. He made his presentation. I made my presen-
tation. Instead of calling it rebuttal, if he wants to make his presentation
all over, I will be more than happy to let him do it all over again.
Mayor Ferre: No, no. He is going to rebut and you are going to rebut, so
it is his turn now as the Appellant to rebut.
Mr. Matthews: Thank you, Mr. Mayor.
Mayor Ferre: How much...I am not going to limit your time, but I need to
know how you long you think you are going to need.
Mr. Matthews: I will be very surprised if I take more than ten minutes.
Mayor Ferre: All right, and how much time do you think you will need?
I know that is subject to change.
Mrs. Weiss: Between ten and fifteen minuses, Mr.. Mayor.
Mayor Ferre: Fine, okay. You have got your ten minutes.
Mr. Matthews: Mr. Mayor, Joseph Matthews, Murai, Wald, Biondo, Matthews
& Moreno, 25 S. E. 2nd Avenue, Miami. On behalf of the Appellant - the
Appellant...I am not the Appellant. The Appellant is•.Sunset Villas Phase
III Condominium Association, and a number of unit owners and a number of
residents who signed appeals - a petition to appeal this matter. Because
our several requests to have this placed on the agenda subsequent to 5:00
P.M. so that my clients could be present; they being working people who
are not able to be here, I have, and would like to introduce into the
record a couple hundred signatures on petitions in support of the aFpeal,
and in opposition to the Jacarol Bay project, which I will submit to the
City Clerk following my presentation. Mr. Mayor, the first thing I would
like to do is clarify some misconceptions that I believe still exist with
respect to the project. There has been some suggestion that this applicant
voluntarily went back to the City Planning Department and eliminated ap-
proximately one hundred units from its plans. Quite to the contrary, it
was their original mistake in the F.A.R. that was required that lead Com-
missioner Plummer to point out the discrepancy and suggested to them that
they go back. They have subsequently lopped off several stories of their
buildings and resulted in an F.A.R. of 1.39 as had been suggested. In
addition to that, there has been a considerable amount of suggestion that
if 14.1% is the lot coverage of these buildings, I don't believe that
takes into consideration the fact that there are five plus acres of sub-
merged land on the premises, which can contain or which represent probably
over 30% of the total property. If you recall, this is one of those sub-
merged land questions as well. The reason the density is so huge on this
property is because they are being given five acres of submerged lands.
That is why the disparity between the density and the F.A.R. in this situa-
tion. If I may, please, I would like very much to try to visualize the
enormity of the variances that are being granted to these folks. First of
all, and foremost, there are two high rise parking garages that are being
permitted. In this general vicinity there is no high rise parking garage.
In this zoning district, of course, there is no high rise parking garage.
One of the parking garages is to be eight stories tall. The nearest build-
ing, which is going to be less than fifty to hundred feet from the garage is
only eight stories tall. The majority of the buildings in the immediate
proximity, some within fifty feet of these parking garages are approximately
four stories tall, so that these people will be towered over not only by the
seventeen story apartment towers, but they will also be towered over by eight
story parking garages and I would only invite you to give some thought to
what it might be like to wake up in the morning and have the car lights from
the parking garage shining into your room from even, and even above the level
of your own apartments. That is one of the major problems, one of the major
variances, and I might point out I believe that - I may be mistaken, but I
think your Planning Department can answer specifically - I don't believe
that there are any high rise parking garages on Brickell Avenue, despite
the variances that might have been granted to permit the construction there.
Mayor Ferre: There will be.
ld
-66
MAY 121983
Mr. Matthews: I understand that. There will be? Okay.
Mayor Ferre: On the property.
Mr. Matthews: With respect to the F.A.R. variances, I would like to address
specifically the requirements for granting a variance, but before I do that,
to visualize the enormity of it, it has been pointed out by your own Plan-
ning Staff on numerous occasions, this is not a variance, this is a rezoning.
It is easily the equivalent of a rezoning that they are being granted ty
virtue of the jump in the F.A.R. Now, what I would like to do is return
to what I presented to you before you heard the Applicant's position with
respect to why the variance should be granted, which is the standards, which
your lawyers will tell you you are required to consider and required to
pacify in order to determine whether this variance should be granted and to
determine whether or not, and look whether or not this Applicant has even
come close to fulfilling any of those conditions. The.first one is...and
they must fulfill each of these standards,
,,,not just one of them. The
first of them is that there is a special condition, or circumstance exist-
ing which is peculiar to the land structure, or building, and which is not
applicable to other lands, structures, or buildings in the same district.
There has been no effort, whatsoever, to even suggest the existance of a
special condition here, other than perhaps the existence of five acres of
submerged property, for which they are being allowed io compute additional
density. As a matter of fact, the only thing I have-- heard in the number of
meetings we have had as to a hardship is the Applicant suggests that the
existence of the F.A.R. in this zoning district is what creates a hard-
ship, because that is what would require them to build these nine hundred,
or now it is eight hundred, units with less than six hundred square feet.
Again, that is not a variance they are seeking; that is a rezoning that
they are seeking. The second requirement that must be determined by this
Commission to exist, is a that the special circumstances and conditions do
not result from the Applicant's own actions. There are case decisions, and
I am sure that your City Attorney and your Staff people will tell you, that
there are numerous instances where the courts and commissions have been in-
structed that when an applicant purchases property with knowledge of the
existing zoning, there is no way that he or she can argue that the special
circumstances and conditions did not exist by virtue of their own doing.
The third requirement is that little interpretations of the provisions
of these regulations would deprive the Applicant of rights commonly enjoyed
by other properties in the same district. There has not even been any
suggestion that that is the case here. Quite to the contrary - all we are
talking about is extraordinary privileges. There is no suggestion that these
folks could not build a very viable project, which by the way, my client hopes
more so than any of the five of you hope will be constructed on this property.
The next is, and this is the most interesting one as far as I am concerned,
that the grant of the variance requested will not confer upon the Applicant
any special privilege that is denied by these regulations to other lands.
As I suggested, to my knowledge, there is no high rise parking structure
anywhere in the immediate vicinity of this project in the N. W. 7th Street
area. It is a middle density residential area and there are most certainly
not any seventeen story towers, much less seven of them, in this immediate
vicinity. The fifth requirement is that the variance, if granted, is the
minimum variance that is necessary in order to make possible the reasonable
use of this property. Now, the very fact that this Applicant has come before
you initially asking to build a project consisting of nine hundred fifty or
nine hundred sixty plus units, and as a result of their own mistake realize
that they have to lop off one hundred units, should suggest to you that they
are not asking for the minimum necessary in order to make a reasonable use
of this property. If in fact that was the minimum necessary, then that is
what they would have asked for in the first place and they could not have
altered and eliminated one hundred units. There is by definition, no way
that that could be the case. Finally, they have to establish that the
grant of the variance will be in harmony with the general intent and pur-
pose of these zoning regulations and will not be injurious to the neighbor-
hood or otherwise detrimental to the public welfare. I would invite any of
you to go and try to move in or out of 47th Avenue and N. W. 7th Street at
9:00 o'clock in the morning, or at 5:00 o'clock in the evening, as it
presently exists, and they talking about adding an additional eight hundred
units to that premise. The impact is going to be staggering and I do not
believe that there has even been an effort to address that impact.
Id
67 MAY 121983
Finally, what I would like you to do, is I would please like you to con-
sider the message that you are sending to various sectors of this com-
munity, if you grant these extraordinary privileges. First of all, to the
community in general, the message that you are going to be sending is that zoning
is and always will be a simple political process unless someone is willing
and able to take it to the courts to hold the Commission and to hold the
elected body to their obligation to follow standards. To those members of
the community who are responsible developers, the message is going to be
very clear - "Don't bother wasting your time being responsible. There is
no reason to be. Just do what you want to do and come'in and ask the
City for it and it will be granted." To the vast majority of the people
of this community who are going read about this in the Herald and other
papers, it will simply be the appearance of the same old story of the in-
fluence of power and money that has always been the case. To my clients
and the other residents of the area, and particularly.to the four hundred
forty unit owners in Sunset Villas that I represent,:tihe message is going
to be that the City of Miami still doesn't care. In11072, the City of
Miami granted building permits to permit t1ie Weiss' former company to con-
struct the Sunset Villas Condominiums and they did so -on the basis of a
tentative plat that indicated that my clients were going to be residents
of N. W. 7th Street with street addresses at N. W. 7th Street. In 1974,
they permitted temporary certificates of occupancy to.the Weiss' and did
so in the face of tremendous violations of the City Toning Code, and in
the case of certain buildings, even without building -permits ever having
been issued. In 1976 after the Weiss' defaulted and, gave the property
back to the lender, this City granted a variance to the plat requirement
without even giving notice, or an opportunity to be heard to my client,
which waiver of the plat requirement allowed them to be denied even access
to N. W. 7th Street, which is their street address. Finally, in 1978 you
allowed the project to C.O.'d and turned over with one hundred thirty-six
fewer parking spaces than the Zoning Code requires. Now, to add salt to
the wounds, you are going to allow an eight story parking garage to go
up right next door to us. I would hope that the Commission will take
advantage of this opportunity to show the electorate of this community
that the Commission can follow guidelines, particularly in light of the
tremendous flexibility that is going to be provided to you by the new
code. I hope you can look beyond the unpleasantness of the application.
I hope you can look beyond the political infighting that has characterized
this application and I hope you can look beyond the ranker this Applicant
has brought upon itself and I hope very much that you can look at the merits
of this application and reject it as a bold and bald effort to obtain
special privileges without any justifications whatsoever.
Mayor Ferre: Thank you, Mr. Matthews. Now, how much time left?
Mr. Ongie: Twelve and one-half minutes.
Mayor Ferre: Now, Mr. Matthews, I will recognize you one more time for
any further comments you might have for a brief rebuttal for what they
may have to say.
Mrs. Weiss: I would like to say for the record that this project is within
the density requirements of the City of Miami, the open space requirements,
the landscaping, the number of units and the number of parking spaces and
the lot coverage under the present zoning. The difference here is the
F.A.R. that's because the code is antiquated. If we were to build with-
in the density requirement that is presently under the code, the units
would be six hundred square feet more or less. I would like to present
to the Commission what we have done since we started with this project.
This was our very first presentation where we had twenty feet from the
water to each building and very little green area, and we were occupying
approximately 20% of the land. This was the second modification after
several workshop meetings with Mr. Dick Whipple and we made changes -
increased the landscape area, moving some of the buildings back and creat-
ing the landscaping around the pool. This was the final after several
months of meetings with Mr. Dick Whipple at prior to Z.A.B. hearings.
I would like to show the modifications which has taken place.
This property will occupy the seven buildings, three parking garages, the
club house. It will occupy 14% of the overall land area, and Mr. Mayor,
I want to make a bet on this that the best architect in the United States
ld 68 MAY 121983
would not meet this requirement that we have here implemented covering 14%
parking structures, buildings and clubhouse, leaving the whole area as open.
The parking structures are an important issue. I think it is nicer to get
up in the morning that to look on ladscaping than to look on that land mass
with parking and cars as if you were looking at the middle of a garage in
the central downtown Miami. This will be the extension over and above the
green area and this will be the club house which will be, I would have to
say, much better than exists at Key Colony or anywhere on Brickell Avenue.
That is right, Mr. Mayor. The only difference is this address is on N. W.
7th Street and Brickell Avenue is where it is, and Key Biscayne is where it
is, that is where the people pay their taxes. I remember back in 1973 when
I was building and"I wanted to see the comparison of what Brickell Avenue
was offering compared to Sunset Villas. At that time we were offering
better cabinets, better refrigerators - the only thing that was different
was the lobby and the address where it existed. Now that this project has
taken place for the medium income, we are criticizing it:and I remember
your fight over the past ten years trying to improve the downtown area,
and the hardship that you went through to me the City -.of Miami a metro-
politan area. Mr. Matthews arguesabout that this area is not in harmony
with the neighborhood. I disagree with him. For that matter, the Hilton
Hotel, which is being built directly across, but because it is about two
hundred feet away - it is called Dade County, they went for nineteen
variances which was approved. We have the hotel that i,s going at the
corner of N. W. 7th Street and 42nd Avenue. We have a.bank building that
is going there. All we are doing in this area is improving the tax base
in that area and improving the living conditions and the standard of
living in that area. We are not building tenaments and ghettos as he called
it. That reminds me of what Mr. Phillip Davis said - "Let's keep
the Blacks where they are next to the highways and abandoned warehouses.
Let's not give affordable housing, but because this is what this is, afford-
able housing in the City of Miami, next to any and all transportation,
where the average person can live between $350 and $750. Two Sundays ago,
I went with my daughter to look for affordable housing, because she wanted
to move out of the house, and the cheapest thing I could find in Coconut
Grove was $750 for a one bedroom apartment that you had to walk in sideways!
Here we are offering for $357 for the one bedroom apartment to $750.
There was a discrepancy with Z.A.B. hearing as to what was approved
and what was not approved. Fine. Granted. I am going to go ahead with
what was approved and I am only acknowledging it, not because what Mr.
Whipple said, but because I want to meet the City halfway, and so there-
fore, as a result of same, I went back again to the drawing board, coming
back, cutting off thirteen floors from this area, and improving the green
area again by another 6%, making it a total of 14% occupying the complete
property. Mr. Matthews is always attacking this on a personal matter, but
what Mr. Matthews failed to say is that he has made a career out of this,
because as long as he stay into this, fight, and make an appeal, there is
a good $250,000 in it for him. That is what attorneys are for. I have
nothing against him, but I would not use him if I can. This is why I am
here protecting myself, rather than using Bob Traurig and paying his $50,000,
because I don't see the purpose of doing that. Mr. Matthews, last year in
February got a verdict of $680,000, which he got 50% of it by making the
Sunset Villas not having enough parking when the Sunset Villas took one
hundred thirty-seven spaces and converted to landscape area and tennis
courts and went and argued that there was not enough spaces in the area.
If I was to build according to what Mr. Matthews said, back in 1973 the
Sunset Villas, I would be allowed seventeen hundred units and not nine hundred
eighty units, because at that time when we were designing the Sunset
Villas, we were using an F.A.R. of 52% of what we were allowed. Here we
are allowed 1.1, and I am going for 1.439. He keeps on talking about the
parking structures and what the parking structure is. The parking structure,
that was in existence from 1939, and if we are going to stay either in the
past or in the future. Right now the code says you must have an average of
1.75 parking spaces. Even the poor people who are earning $8,000 to $15,000
a year have two cars. This is why you have five in a parking lot,
because there is no parking facility. So we made the parking structures
here in excess of twelve feet because that is all the court allows in all
of Dade County! We are allowing a parking structure that is going to have
complete landscaping, so that they can walk directly from the parking
structure right into the building - that is a crime. When he is talking
about looking into the building in Sunset Villas, tnere is no way! Not
even in bright sun, or in dark midnight that you can see the cars from
1d 69 MAY 121983
the Jacarol Bay Club into the Sunset Villas, because you just can't see it.
Those buildings are no where near there, and we designed this building in
such a way that none of the adjacent property owners would be obstructed
from the view of the water and and remain paying the same. Now, you
know, he keeps talking about seventeen acres and that there is no hardship. tdow,
if this is not a hardship, I don't know what is. This is the most irregular
piece of property that we are looking at here. You have the property here
going into fifteen different "s" configurations and this was the best
suitable way of putting it. I can't see how he can't see it, right here,
standing in front of everyone, over and over again and saying there is no
hardship in this piece of property? How could you put it? If I was to do
what Mr. Matthews wanted, I would have three towers on seventeen acres.
Now, this property here, after being built, which is going to be a rental
project, and under the financing plan of this project cannot be converted
to condominiums for a minimum of ten years. This is under the financing
program that this project is being built and cannot be converted for a
minimum of ten years. The tax base that would increase in the City of
Miami would be in excess of $2,000,000. I �, will keep three thousand people
working for a minimum of three years, not including the permanent employees
which will be at least seventy-five people working permanently. This build-
ing will be more money than on Brickell Avenue or Key Biscayne because this
building will be a keyless system. There will be no keys - it will be com-
pletely highly secure because of the type of system that is being implemented.
Everything is'first class, first quality. If anything it will do for the
neighborhood, it will upgrade the neighborhood. We have made a commitment
to the City of Miami for an adjacent park that no one, now is presently using,
and I met with the Director of Parks and I would like to submit again for
the record that this park, which immediately concurrently be implemented at
the same time at the first phase of construction. First phase of construc-
tion will be these two buildings here, together with the club house and the
park. He has raised the question at one time that this building was within the
flight pattern. I have an aerial photograph that is a year old, Mr. Mayor,
and it shows very clearly that this building which he said including the
Sunset Villas is not within the flight pattern, neither does it have any
height restrictions. When we eliminated the density, again each time you
have a hardship, a person becomes a little bit more creative, but that is
exactly what has happened here by going back to reduce the amount of buildings.
What we did, we created another landscape area completely covered underneath
each building over and above what we are going to do reducing the towers.
The area that is reflected in green, that is what will be there underneath
each building, Mr. Mayor. Now, we have gone and reduced the buildings, not
because we are in conflict, or we were trying to sneak something in, but
because we want this development to go ahead and because I think it is im-
portant in the community and Mel Adams who is here day in and day out
he will admit there is over twenty thousand applicants for rental property.
There has been no rental property being built here in City of Miami in over ei€ht
years. I don't see the crime that is being committed here, except a personal
vendetta for some reason with Mr. Matthews and he doesn't have anything to do
wth the area. He may have bought, and he may have been unhappy with con-
struction, but you cannot win all the people all the time. As far as these
variances, we have paid $131,000 for five variances. What we are asking for
is four variances, and if we were to take a look for a moment on the var-
iances that are being requested and which Mr.Dick Whipple elaborated before, in
tower five, required, eighty-one., proposed, thirty-six. In tower seven,
required, eighty-one, proposed, sixty. In towers one, two, three, four
and five, what is required is forty-two; we are meeting it by forty-three,
except for tower five, where it requires forty-two, and we are proposing
twenty. That is because again, the irregularity of the land.
Mayor Ferre: Carolyn...
Mrs. Weiss: This is the building here, and even then, we have cut off the
first two floors of this building to maintain the aesthetic nature of the
landscaping and this is why this building is requiring the variance. Other-
wise, we would not be requiring a variance for this building. As far as
the traffic, Mr. Mayor I will be finished -nine to five, as he has
pointed out, the same thing in my neighborhood. in Coconut Grove. Brickell
Avenue and Key Biscayne that exists and I don't think that there is a
hardship on the parking area. Thank you, and I think this project should
be approved. It is one year and two months since we have been coming here
now.
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70 MAY 12 1983
i
Mayor Ferre: All right. Mr. Matthews, for a very brief statement.
Mr. Matthews: Mr. Mayor, I assume that the Commission doesn't wish to hear
the truth about my fee arrangements with the other lawsuit. I am not at
all ashamed of them, but I would be happy to tell you if you were interested.
With respect...
Mayor Ferre: Say anything you want to!
Mr. Matthews: No, sir. With respect to the ....Oh, I'm sorry, it was considerably
less than 50%, Mr. Mayor, that was received, I assure you.
Mayor Ferre: Okay, now speak to the issue.
Mr. Matthews: Thank you, sir. I am sorry. With respect to the comments
that have been made and the additional statements that have been made,
there has still been no effort whatsoever to address the impact on this
project on the immediate community; no effort whatsoever to establish or
show the existence of any hardship, much lds a hardship that this project
is the minimum necessary to preclude - quite to the contrary, it is very
apparent that what has been done is they started out high and they are
now negotiating down for the number of units and the F.A.R. that they want.
That is not variance. Every argument that has been made is an appropriate
argument to be made for rezoning, but not for the grant of a special
privilege. The people of this community deserve a great deal better than
that.
Mayor Ferre: All right, anybody else that wants to speak. Save Brickell
Avenue?
Ms. Janet Cooper: Janet Cooper, President of Save Brickell Avenue. We
Completely support the appeal and what Mr. Matthews has had to say and
urge you not to approve the project.
Mayor Ferre: Anybody else?
Mr. Carollo: Janet, if I may - you go back to the mike. What are some of
the main points that you see in this particular project that you object to?
Ms. Cooper: First of all, Save Brickell has taken a consistent position
with the inclusion of submerged lands. We feel that it is not supported by
the language of the code - that it is imappropriate in its effect....
Mr. Carollo: You have a......
Ms. Cooper: .... it was so on Brickell and it is particularly so here. We
also believe that the applicant has not met the requirements for proof
of the variance, as Mr. Matthews has elaborately stated and that the
effect on the neighborhood would be very detrimental.
Mayor Ferre: Any other statements? All right, you want to wind it up?
Mrs. Weiss: Yes, Mr. Mayor, I would like to present for the record units,
buildings and locations that have been passed before this Commission and
before the Z.A.B. in excess of the F.A.R. I have attached here, 3030
N. E. 4th Avenue - allowed,2., approved, 2.35; 1000 and 5000 Bayshore Drive -
allowed, 1.5, approved, 3.52.
Mayor Ferre: Mrs. Weiss, in the interest of time, I will stipulate into the
record that the City of Miami Commission has on many occasions granted
variances on F.A.R. and that is very clear in the record. Would you give
that to the Clerk and we will make that part of the record.
Mrs. Weiss: Thank you.
'Mayor Ferre: Anything else?
Mrs. Weiss: That is all that I have to say, Mr. Mayor.
Mayor Ferre: All right and now to the Commission. Questions from the
Commission and then I will accept a motion.
ld . 71 MAY 1 21988
Mr. Carollo: Yes, Mr. Mayor. I'm sorry that I'm going to take some
time for the questions that I have ask, especially that we all know that
the die is cast and how this is going to end up today, but nevertheless, I
would like to get some answers to my questions on the record. I think
that everyone here realizes that Mr. Matthews is here today represent-
ing approximately one hundred citizens or more, that he is representing that
are neighbors of this project next door, unless he was being financially
retained, just like Mrs. Weiss would not be here if she did not have a
financial aspiration to this project, so I think that point is more than
clear. It has always been clear to me in any project that comes before
this Commission. What I would like to ask the individuals that are repre-
senting Jacarol is if they are so concerned about the medium income
Miamian, that is going to have to pay between $370 plus to $750 a month
for a rental unit, would you have any objections in volunteering a deed
restriction on this project that would limit it to rental units for the
lifetime of the project, for the benefit of all those poor people that
can't afford Brickell Avenue, like myself?
Mrs. Weiss: Are you asking me a question?,
Mr. Carollo: I am asking you if you are willing to volunteer a deed restric-
tion that would limit for the lifetime of the project, the units that are
going to constructed there to be rental units and not some years later to
be transformed into more profitable condominium units.;
Mrs. Weiss: Mr. Carollo, I think you have been appoi►ted here by the
general public because of your adulthood and your responsibility in the
community to be a Commissioner and not to play mental gymnastics.
Mr. Carollo: You do not have to answer my question if you do not want to,
Mrs. Weiss.
Mrs. Weiss: If you can show me the relevancy in not playing mental gymnas-
tics, I will be very happy to...
Mr. Carollo: Well, then, let me say I was very good at gymnastics when I
was in school. I am pretty good at some other things today, but...
Mayor Ferre: All right, we are not here to discuss your ability in
gymnastics. If you have a question of Mrs. Weiss...
Mr. Carollo: My question is, would they be willing to volunteer a deed
restriction that would make sure that those units stay as rental apart-
ments for the lifetime of the project.
Mrs. Weiss: Mr. Carollo, I think you are improper in asking such a question.
This property does not belong to the City of Miami.
Mr. Carollo: In other words, you have answered my question that you don't
care about us poor people as much as you say you do.
Mr. Weiss: Mr. Carollo, I...
Mr. Carollo: Mr. Weiss, I am speaking up here!
Mr. Weiss: Let me answer the question. There is no way any lender....
Mr. Carollo: I am speaking right now. If you want to...
Mr. Weiss:.... will give you a construction loan with a deed restriction
by a developer.
Mr. Carollo: My next question ... you have more than answered the question.
You are not willing to, because the ultimate goal is to eventually change
all that there to condominiums, sell them out and make more profit out of
it, and forget about us poor people who can't afford Brickell. My next
question is one that I asked the last time, and I still didn't get an
answer for. The last time that you appeared before this Commission on
this matter, Mrs. Weiss, you admitted on the record that you knew an
individual named Jose Carlos Prado. Now, I want to ask you again what you
did not want to answer the last time, what is his connection with his this
project?
ld 72 MAY 121983
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Mrs. Weiss: Just the same way again - if you can answer me what is the re-
lationship to Brickell Banc, Miami Cable and other projects that you some-
times vote or not vote on, we will be very happy to discuss it.
Mr. Carollo: Mrs. Weiss, that has been made more than clear to the public,
but again, what is the connection that Jose Carlos Prado has with this
project?
Mrs. Weiss: This question of yours has no relevance to this project.
Mr. Carollo: Well, it certainly does, see, because Jose Carlos Prado or
Pradito, as he is called, is an individual that has been arrested twice
for narcotics, trafficking in narcotics. In fact, he is an individual that
presently is under probation for the last time that he'was arrested in try-
ing to bring in the small amount of pounds of marijuana. You are correct
when you have stated that there are personal vendettas. Well, let me say
this to you. I have a personal vendetta against every single damn drug
pusher in this town, especially drug pushers that are associated and have
been associated with individuals that have been involved in tic-tocks, and
I am sure the Chief remembers that, especidlly drug pushers that are asso-
ciated with individuals that have some very friendly relationships with
the Communist government of Cuba. Now, why am I stating all of this?
Well, very simply, because... see, the first time that I met Jose Carlos
Prado, Mrs. Weiss introduced him to me.
Mrs. Weiss: Let's leave it like that, you came with.him to my office.
Mr. Carollo: You are welcome. Okay, fine, whatever you want to say,
but anyway, when he was introduced to me, the impression that was given
to me was that he was very much part of this project, but irrelevant.
What is relevant, though, is that Pradito, or Jose Carlos Prado did
come to my office here. I ran into him in the parking lot. After he
stated to me that he had been waiting some three days for me to come to
City Hall so he could speak to me on this project and you know, I found
it a little alarming, to say the least, that an individual of this caliber
was one of the final people that was sent to me to try to convince me to
vote for this project, and it does concern me greatly, just what an
individual of this type has to do with a project like this, or any other
project in the City of Miami - especially when the Door soul. he wanted
to be my friend so bad that he iust kept saving "AnvthinQ you want. so
I can show you friendship, let me know. Well, I think I made my point
more than clear on this project, and Mrs. Weiss, please tell Mr. Pradito,
Jose Carlos Prado, that whatever might be going on through his mind, or
has gone on through his mind in the past, not to even think about it.
Mayor Ferre: Any other questions from other members of the Commission?
Mr. Plummer: Mrs. Weiss, I didn't hear your answer to that question.
Mrs. Weiss: What question, sir?
Mr. Plummer: I can't repeat the name. Does this individual have any
direct, or indirect relation to this project? And if so, how?
Mrs. Weiss: None at all, whatsoever. None at all, Mr. Commissioner.
None at all, whatsoever. It is just the same when I was trying to find
out what is the personal vendetta that Mr. Carollo has against me.
Mr. Plummer: Excuse me please! Mrs. Weiss, I don't want to get into
any of that. I asked a simple question. I'd ask for a simple answer.
Mrs. Weiss: None at all, Mr. Commissioner, Mr. Vice -Mayor.
Mr. Plummer: Thank you. Mr. Whipple, let's try to get to zoning, if we
can. Mr. Whipple, we have been supplied with, I guess as thick a folder
as we have ever had on any zoning item. I am going to ask you a list.
and if there is any discrepancies in any of this list - this was -
supplied by the developer, I want you to point out where they might be.
This is exhibit "D". I don't know whether ... do you see that list?
"This water orientated development will be a rental community..." is how
it starts out. Let me just read it - it is not really that long.
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MAY l 21983
a
It says: "The water development is within the Code". Is that correct? Is that a
true statement?
Mr. Whipple: The statement that you have just read - no sir, that is not true,
because they are seeking variances before this body, so therefore it is not in
compliance with the code.
Mr. Plummer: "The water development is within the code". Is that a correct
statement? It didn't say anything to the variance. The question is, is the
water development within the code?
Mr. Whipple: The water area? Yes.
Mr. Plummer: "The proposed height of the structures are within the Code and of
limited height". Is that a true statement?
Mr. Whipple: The residential structures - yes, sir. The parking structures,
no, sir.
Mr. Plummer: "The proposed density is wit4lin the -Code".
Mr. Whipple: Yes, sir.
Mr. Plummer: "The open spaces are within the Code". -Is that a correct statement?
Mr. Whipple: Yes, sir.
Mr. Plummer: "The landscaping is within the Coder. '.
Mr. Whipple: Yes, sir. That will have to be detailed out further, but, yes, sir.
Mr. Plummer: Okay. "The number of units is within the Code".
Mr. Whipple: Yes, sir.
Mr. Plummer: "The number of parking spaces is within the Code and in excess
of two hundred thirty". Is that a correct statement?
Mr. Whipple: It is within the Code. I am not sure about the excess.
Mr. Plummer: Would you say that is in the ballpark?
Mr. Whipple: Yes, sir.
Mr. Plummer: "The lot coverage by the building is within the Code".
Mr. Whipple: Yes, sir.
Mr. Plummer: Mr. Whipple... thank you, I wanted to make sure that that Vas
correct. Mr. Whipple, if they didn't get any variances at all, and as we have
seen in many cases, they built the minimum that the code would allow, approxi-
mately how many units could they put on the seventeen acres?
Mr. Whipple: I assume by the word minimum, you mean the minimum size unit.
Mr. Plummer: Minimum size, yes. The minimum size is 650 square feet.
Mr. Whipple: The figure comes out, according to my calculations,to 837 square
feet, gross. You would have to deduct some of that for what is in that area.
Mr. Plummer: That is the minimum size they could have?
Mr. Whipple: Yes, if you took the total floor area permitted, or the F.A.R.
of 1.1, which in this istancerincidentally, would be 1. rather than 1.1
Mr. Plummer: And how many units could they build if they built just minimum
units?
Mr. Whipple: 982.
Mr. Plummer: And they are asking to build how many units?
Mr. Whipple: 880..something.
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MAY 121983
Id
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Mr. Plummer: That is about ... can you give me the figure again?
Mr. Whipple: 982 and 880...
Mr. Plummer: 982 is what they could build. 880 is what they are building,
is that correct?
Mr. Whipple: 883 according to the last figures I had obtained from them,
yes.
Mr. Plummer: All right, sir. So, what we are talking about is, they are
building 99 units less than they could build under the Code without any
variances.
Mr. Whipple: Uni-wise, yes, sir.
Mr. Plummer: All right, sir. Mr. Whipple, did you In j act, address the
Metro Traffic and Transportation Departmenx in reference to this item?
Mr. Whipple: Let me just check. Yes, the only comment -they had according
to my record is that the entrance driveway needed to conform to City of
Miami standards.
Mr. Plummer:' That was their only comment?
Mr. Whipple: Yes, sir.
Mr. Plummer: Nothing else negative.
Mr. Whipple: That is right.
Mr. Plummer: Mr. City Attorney, I have heard here that the type of financing
that they have, or will be using or projected to use, is in fact by the
Federal Government, which ties them into, as they have said for the record,
affordable rental units from $357 to $750for a minimum of ten years. Is that
a correct statement?
Mr. Garcia -Pedrosa: That is what has been represented, yes, sir.
Mr. Plummer: I am asking - I guess maybe I shouldn't be asking of you.
Mrs. Weiss: Let me clarify...
Mr. Plummer: No, please - I've heard your statement. Is that financing -
are you that familiar with the type of financing, or Mr. Whipple, if you
know, sir - does the type of financing that they are proposing to use in fact
state that they must do this for a period of ten years is the question I am
really asking. In other words, I don't want to be under a misconception
that in five years, they can say "Well, no, no more, that's it. We are going
to do what we want to do." Are they locked into ten years at that rental
which has been stated for the record.
Mr. Garcia -Pedrosa: The answer is, Mr. Vice -Mayor, that as long as they stay
with that financing, they are. I don't know what provisions they may have
for refinancing the project, and thereby possibly avoiding those restrictions
at a later date.
Mr. Plummer: Okay. Mr. Whipple, in reference to the park: You heard the
developers state that they are going to upgrade and to do this park, am I
correct? Do we have anything in writing that says that they will do what
they have projected? At any of the earlier hearings, Mr. City -Attorney?
Mr. Whipple: Commissioner Plummer, there was something that was forwarded to
the Parks Department. I do not have a copy or complete knowledge of what all
that included.
Mr. Plummer: Who does?
Mr. Whipple: Mr. Kern, I believe.
Mr. Plummer: Mr. Kern, do you have a copy of that?
, 75 MAY 121983
ld
Mr. Carl Kern: Carl Kern, Director, Parks Department. We have a letter of
commitment from them to assist in the development of the park, but it does
not have a specific budget figure on it, so I would say it is open at this
time.
Mr. Plummer: In other words, you are saying that that is incomplete?
Mr. Kern: Right, we do not have a specific dollar amount.
Mr. Garcia -Pedrosa: It is not binding.
Mr. Plummer: Okay, that is why I am asking. Mrs. Weiss, you have heard
the comments in relation to parks. I would ask you to.address those
comments that they are incomplete as far as it relates to the park.
Mrs. Weiss: We met with Mr. Kern and we did several developments and we
agreed that this would be the best and highest use for.the park, and he
agreed also that we would develop simultaneously with the first phase,
which we have a letter here with me, and to state that."a covenant has
been made for this has not, but I would be more than happy to enter into
a covenant with Mr. Kern and the the Parks Department for the development
of same.
Mr. Plummer: Is it my understanding that you are going to pay for the up-
grading of this park?
Mrs. Weiss: Yes, Mr. Vice -Mayor.
Mr. Plummer: And yet, there has not been a figure, nor a budget determined.
Now, Mr. Kern... go ahead. If you don't know the numbers, you can't do it!
Mrs. Weiss: The reason the number has not been established because of the
plan, and we are submitting according to the plan and specification that
we have agreed to, so whatever the dollar amount to upgrade according to
this plan, this is what we will be committing to.
Mr. Plummer: Mr. Gary.
Mr. Gary: Mr. Mayor, in discussion with the Director of Parks, it appears
that discussions were not firm in terms of a firm, binding commitment, but
it was generally in terms of fixing up the club house, providing some trees,
doing some other things in the park, like fixing up the shore line, etc.
but we don't have anything that is binding.
Mr. Plummer: Well, Mr. Gary, is there a possibility that you can put dollar
figures on that?
Mr. Gary: That is always easy.
Mr. Plummer: Well, but I can't derive the figures!
Mr. Gary: I'll take a million! (LAUGHTER)
Mr. Plummer: I'm sure you will! Mr. Kern, can you ... you know, because the
only thing else that I can do, is to put her under oath that she will, in
fact, do what is represented in the drawing at whatever cost, and I don't
think that is fair to either side.
Mr. Gary: Commissioner, I think it would probably be appropriate, in view
of the fact that no detailed plans and specifications have been done and it
is very difficult to cost those out, that a figure of roughly $400,000 or
$500,000 would probably be adequate figure.
Mrs. Weiss: I don't think this is the figure amount, Mr. Vice -Mayor, because
in one of the areas that Mr. Kern and myself spoke, we would do the complete
bulkheading and the the dock facility, the ramp, the complete club house,
the deck area, the parking facility, the entrance and the landscaping, and
according to this plan, we will be more than happy to come up with working
drawings on it and submit it to Mr. Kern and come up with a dollar figure
that we would enter into our covenant with the City of Miami Parks Department.
id - 76 MAY 121983
I
Mr. Plummer: I am still waiting to hear how we are going to resolve this
particular portion.
Mrs. Weiss: We would be willing to...
Mr. Carollo: I am sure that a solution can be found so that you can present
a motion to vote in favor of it.
Mrs. Weiss: We could put a dollar amount in a minimum of $250,000 to $300.000
for the development of this park, because the hardest area of this park, Mr.
Plummer, is the clubhouse itself and the bulkheading and the ramp facilities
for the boats.
Mr. Gary: I think that is a reasonable figure she is talking about as a
covenant.
Mr. Plummer: At $300,000?
Mr. Gary: Not to exceed $300,000.
Mr. Plummer: Okay. That park will be forothe use of the general public
as well as the people of your units?
Mrs. Weiss: The whole community.
Mr. Gary: It is our park. It is Blue Lagoon Park.
Mrs. Weiss: It is Blue Lagoon Park.
Mr. Gary: It is our park - our land.
Mr. Plummer: Mr. Mayor, I have no further questions.
Mrs. Weiss: Provided I don't pay any taxes on itl
Mr. Garcia -Pedrosa: J. L., you don't want to add...
Mayor Ferre: All right, are there any further questions from other members
of the Commission?
Mr. Plummer: Excuse me. Mr. City -Attorney feels that she should be put
under oath and stipulate that under oath. Mr. Ongie?
Mr. Ralph Ongie: Yes, sir.
Mayor Ferre: For the purposes of that point...
Mr. Plummer: Only at the request of the City Attorney.
Mr. Carollo: If she is willing to go under oath for that, would she be
willing to under oath again, state the names of the owners of this project?
Since, the only thing we have got, and it is something in writing that
wouldn't stand too well in court in the future.
Mr. Plummer: All right, do you want it...
Mr. Carollo: Then, the other problem that I have ......... I am
sure since the original owners that we were told owned this property,
supposedly, and I guess no one in our City staff has bothered to try to
find out, when contacted by a reporter stated, if there was any truth to
it, that they were not the owners, they were just holding the papers for
someone else. So, now we have someone else from the ndlding company in
Panama, that probably does the same thing for a thousand and one other
people, so that the real owners won't be divulged, and see, it keeps
sticking in the back of my mind, when Mrs. Weiss' friend, Jose Carlos
Prado came to see me and he told me that the owners were not Panamanian,
were Venezuelan and I keep seeing those Panamanians, but he said they
were Venezuelans, so I am a little mixed up as to who the real owners are
again.
Mr. Plummer: Mr. City -Attorney, she will be proffering then, a voluntary
covenant?
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MAY 121983
Id
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Mr. Gary: She is getting ready to swear under oath, right now.
Mr. Plummer: Well, okay, if that is the way you want to handle it. While
she is in discussion, Mr. City Attorney, I want to put one other thing on
the record, which has been done before, but I want to do it just to make
the record clear. In your estimation, you are satisfied, that this appli-
cantion as before us complies with the full disclosure law and is properly
before this Commission?
Mr. Garcia -Pedrosa: Mr. Vice -Mayor, the answer is yes, provided that
you don't take that answer to mean that I or anyone in the Administration
can vouch for the accuracy of any information. It is merely the fact that
compliance has been made with all of your requirements in order for this
matter to be presented before you now.
Mr. Carollo: Also, for the record, Mr. City Attorney,. has the paper that
they signed relating to whom the owners are - would that be valid*in a court
of law if they were not correct in placing down the naives of the owners?
Mr. Garcia -Pedrosa: Commissioner Carollo, the form that was signed in this
matter was prepared by my Staff and the Administration and reviewed by me
personally and it is a sworn form, so it is executed under Florida law under
penalty of perjury.
Mr. Carollo: So you would feel comfortable at any time on this project or
any other project in the future if we were to find out that the real owners
names were not given to us in going to court and defending that portion of
it, based on the sworn testimony that you have, or that you would have on
the forms that you have provided.
Mr. Garcia -Pedrosa: Yes, sir.
Mr. Carollo: Okay, fine.
Mr. Plummer: I have no further questions.
Mayor Ferre: All right, any other questions from any other members of the
Commission?
Mr. Perez: Mr. Whipple. do I now have to understand that this project will
affect the image of the neighborhood? Do you think so?
Mr. Whipple: Notwithstanding the variances being requested, if it were
build conforming to all zoning requirements, building, or buildings of
the stature being proposed could be built within the Zoning Code. In other
words, height, if you want to use height as an image, especially for the
residential towers, is based upon the ability to provide the required side,
front and rear yard areas. As this is such a large tract, the building in
fact, could probably be higher. In this particular instance however, there
are some other height restrictions relating to airport regulations that
would not let them go much higher than seventeen stories; however under
normal circumstances, you could build a higher building. Now, if height
is the image that you are talking about, I think I have responded to that.
The parking garage height is not one that has been common in residential
areas, so that could be a change in image if that is what you are concerned
with.
Mr. Perez: They mentioned something that they plan to use the 14% for the
whole lot. Is that what they mentioned?
Mr. Whipple: That is correct. That is generally in accord with the zoning
regulations, perhaps a little bit less than what is permitted.
Mr. Perez: Okay, Mrs. Weiss, could you clarify something formally for the
record. Does this project again, in accordance with what we heard ftere
today, have any connection with the Cuban government - anything related
with drugs?
Mrs. Weiss: No, Mr. Commissioner.
Mr. Perez: That is for the record.
Id
MAY 121983
4 \
Mr. Plummer: What was the question?
(INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD)
Mr. Weiss:. What is that, Mr. Gary?
Mr. Gary: I think there is still the outstanding issue of the covenant
that you proffered. Are you going to provide that covenant to us, or are
you going to swear under oath?
Mrs. Weiss: I can swear under oath or you can prepare it, or we can prepare
it, and present it to the Parks Division.
Mr. Garcia -Pedrosa: The covenant is not ready. Let's put her under the
oath as part of the application and let's...
Mrs. Weiss: Not to exceed $300,000.
Mr. Gary: Mr. Mayor, I would ask that the -City Clerk put her under oath
to that effect.
Mayor Ferre: You have no objections? For that purpose, go ahead, swear
her in.
Mr. Ongie: Raise your right hand, Mrs. Weiss. Do you solemnly'swear that
the evidence that you are about to give in this case•will be the truth, so
help you God?
Mrs. Weiss: I do.
Mayor Ferre: Now make your statement - answer the question.
Mrs. Weiss: We would be willing to invest in Blue Lagoon Park up to
$300,000 and no less than $250,000 for the improvement of the Blue Lagoon
Park which will be for the general public.
Mr. Garcia -Pedrosa: Well, that is not...
Mayor Ferre: O.K. Does that satisfy the....
Mr. Garcia -Pedrosa: No, sir. Let me ask this. Mrs. Weiss, are you sup-
plementing the materials presented in connection with your application for
a variance by agreeing now, as legally binding obligation to do what you
have just said you would be willing to do.
Mrs. Weiss: Yes.
Mayor Ferre: Does that satisfy the legal requirements?
Mr. Garcia -Pedrosa: Yes, sir.
Mayor Ferre: All right, any further statements or questions?
Mr. Carollo: I would just like to have another question answered by Mr.
Whipple, so that 1 can have it on the record again. Mr. Whipple, for the
record again, how much money did the Jacarol people pay the City in order
to come before us with all their variances, etcetera?
Mr. Whipple: Mr. Perez-Lugones will have to answer that.
Mr. Perez-Lugones: Commissioner, I don't have the receipt with me, but it
was in the neighborhood of $134,000.
Mr. Carollo: $134,000? Okay, that is all. Thank you.
Mayor Ferre: All right, I assume now that we have concluded the questions
and the statements. Now, I want to reiterate where we are at. The
Zoning Board has moved for a series of variances. The Department maintains
its opposition. There is an appeal. The Appellant who is here, is an
attorney, Mr. Matthews, represents the neighbors. For there to be a rever-
sal of the Zoning Board, there has to be a motion made for reversal, a
second, and a vote taken and for the reversal to take effect, there must be
79
Id
MAY 121983
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three votes. Absent that, if there is no action, Mr. City Attorney, I would
assume therefore, that the action of the Zoning Board stands. Is that
correct?
Mr. Garcia -Pedrosa: Yes, sir. That is correct. Okay, now, I am open for
motions.
Mr. Carollo: I will make a motion that this Commission approves the recom-
mendation of the Zoning Board.
Mr. Plummer: No.
Mr. Carollo: That is correct.
Mr. Plummer: No.
Mr. Carollo: That is the motion that I am making - that we approve the
recommendation of the Zoning Board. I don't want to be.:accused of being
unfair.
Mr. Garcia -Pedrosa: Mr. Mayor, I want to amend that, or suggest to the
Commissioner he amend that. It is not a recommendation.of the Zoning
Board. The Zoning Board has granted the variance.
Mr. Plummer: Right. This is only on Appeal.
Mr. Garcia -Pedrosa: So, what you would be moving would be to...
Mr. Carollo: Uphold the Zoning Board's recommendation.
Mayor Ferre: He has a right to make that motion. All right, is there a
second?
Mr. Plummer: Wait. Whoa, whoa.
Mr. Carollo: Is there a second by anybody?
Mr. Plummer: Mr. City Attorney...
Mayor Ferre: Wait, wait a minute.
Mr. Carollo: Commissioner Plummer, I realize completely what we are doing.
Mayor Ferre: For the purposes of discussion, is there a second?
Mr. Perez: Yes, I second it.
Mayor Ferre: You second the motion?
Mr. Carollo: Commissioner Perez seconds.
Mayor Ferre: All right, now, under discussion. Mr. Plummer.
Mr. Plummer: Mr. City Attorney, just as a matter of legality, it is my
understanding that this is here on Appeal. As such, the only action to
be taken by this Board would be in the negative.
Mr. Carollo: No, that is not correct. That is not the way we have done
with these matters. Mr. City Attorney, we have a right to vote on this,
do we not?
Mayor Ferre: You do.
Mr. Carollo: I want that right to be able to vote on this.
Mr. Garcia -Pedrosa: The matter is covered by Article 31, Section 6-1 of
the Zoning Ordinance 6871, and it provides as follows:
:I
MAY 121983
it
"Decisions of the Zoning Board shall be deemed final unless
a request is filed, together with the payment of the fee by
the Petitioner, or by any person or persons, jointly or
severally, aggrieved by any decision of the Zoning Board
within fifteen days..."
and so forth,
"requesting the City Commission to review such decision.
the City Commission shall consider such a request at a
Public Hearing, after giving notice..."
and so forth and so on.
Mr. Carollo: Now, there is nothing in there that precludes us from being
able to vote, is there?
Mayor Ferre: I want you to realize whereye are heading now, because I
don't want...
Mr. Carollo: Nol Mr. Mayor - Mr. Mayor, what...
Mayor Ferre: I want to make sure that we...I am not trying to get involved
in the legal aspects of this...
Mr. Carollo: I just want to go ahead and vote! You know, I don't care
how much you all discuss, but can we vote on this already? There is nothing
in the law that precludes us from voting now, so can we...?
Mayor Ferre: I just want to make sure that we are following a legal proce-
dure and I am ready to vote.
Mr. Garcia -Pedrosa: Mr. Mayor, I never finished, though.
Mayor Ferre: Go ahead. Finish your statement.
Mr. Garcia -Pedrosa: Section 2 clearly states that:
"...the action that the City Commision may take upon such an
appeal is affirmed, modified, or reversed a decision of the Zoning
Board".
Mayor Ferre: Well, he is making a motion to affirm.
Mr. Garcia -Pedrosa: Yes, sir, he is.
Mr. Carollo: Right, so I am correct, that's what I am saying.
Mayor Ferre: Okay. All right, you know where we are going!
Mr. Carollo: Mr. Clerk, can we vote on this?
Mayor Ferre: Wait a moment, I am...
Mr. Carollo: In other words, make it clear that we are in favor if we
vote "yes", and if we are not in favor, we vote "no".
Mayor Ferre: All right now, I am chairing this meeting, and I....
Mr. Carollo: Sure you are.
Mayor Ferre: .... am going to see if there are any more statements or questions
on the motion. Under discussion? Under discussion, now you are going to
have to defend this in court, so you make damn sure now you know where you
are goingl (LAUGHTER)
Mr. Garcia -Pedrosa: I thought this ended here, Mr. Mayor.
Mayor Ferre: Oh, did you? Are you ready to vote now?
Mr. Carollo: Ready.
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MAY 21W3
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MOTION DEFEATED. On motion by Commissioner Carollo
and seconded by Commissioner Perez, the foregoing
motion was defeated by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
NOES: Commissioner Joe Carollo
Mayor Maurice A. Ferre
ABSENT: None
ABSTAINED: Commissioner Miller J. Dawkins
ON ROLL CALL:
Mr. Carollo: Even though I made the motion, let me explain why I made the
motion. I made the motion because if I would not have made the
motion to approve this... see, two of my other colleagues would not have made any
motions to deny this and if I would have made the motion.to deny it, nobody
would have seconded it, therefore, we could not reveal to the public how
each of us really stands. So even though I have a riiit-to make a motion,
I also have the right to vote against it, therefore; I vote against the
motion and I would like to see how my colleagues are going to vote on this
now for the public record.
Mr. Ongie! Mr. Plummer?
Mr. Plummer: I•vote yes.
Mr. Ongie: Mr. Perez?
Mr. Perez: Yes.
iir. Ongia; mayor Ferre?
Mayor Ferre: And I vote "no" and therefore the motion dies for lack of a
majority. Now, at this point, you will be in court defending this matter.
I told you exactly which way this was going, and you understood exactly
what was being done.
Mr. Gary: What did they do now?
Mr. Plummer: The two/two tie, and motion denied.
Mayor Ferre: The motion is therefore denied.
Mr. Plummer: That is right.
Mr. Gary: Zoning denied...Zoning Board stands!
Mr. Garcia -Pedrosa: On a two -two tie, the Appeal fails and the decision of
the Zoning Board stands. We all understand that.
Mrs. Weiss: Mr. Mayor, what has happened? (LAUGHTER)
Mayor Ferre: Would the City Attorney clarify one more time where we stand
on this now. The matter on a two to two - Carollo makes a motion, seconded
by Perez for approval and concurrence. The matter is therefore legally be -
for us as a motion for approval. Upon the vote, there is a vote two for and
two'%against'; therefore the motion fails. Now, since the motion fails for
approval, I assume the legal interpretation is that although the motion is
failed for approval, according to the zoning laws of the City of Miami, I
assume, even though it seems very complicated to me, what you have ruled is
that the Zoning Board's stance remains standing..ls that correct?
Mr. Garcia -Pedrosa: Yes, sir. That is a convoluted way of saying that,
but that...
Mayor Ferre: Well, I...according to the Miami Herald, which obviously
you read, this is a convoluted city. I might remind you that you are a
part of the convolution! (LAUGHTER)
Mr. Carollo: Nothing is changed from what I stated would happen. The
only thing is that at least we have for the record who voted for it and
who voted against it.
Mayor Ferre: All right, now, let's of a along. MAY 21983
�7IO
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Mr. Perez: Mr. Mayor, in order to clarify something, what you tried to
expose is you have two votes and two votes. I think that it means it is
the same thing that if we don't take any action. If we don't take any
action on this project is that with respect the Zoning Board Recommendation.
Mayor Ferre: That will be. Now, Mr. City Attorney, you had better clarify
this.
Mr. Gary: I am sure he will say "yes".
Mr. Garcia -Pedrosa: Let me say it in a different way,.Mr. Mayor. This
Applicant received a variance from the Zoning Board. In order for this
Applicant's variance to be taken away, there are three votes necessary and
only two were cast in that direction; therefore the variance that the Zon-
ing Board gaves to the Applicant stands. The project will go forward as
requested by the Applicant.
Mayor Ferre: Further discussion on this? -*tf not,'we move on to the next
item.
Mr. Carollo: My regards to Jose Carlos Prado.
39. DISCUSSION, PUBLIC HEARING, EMERGENCY ORDINANCE: ESTABLISH
SPECIAL REVENUE FUND ENTITLED SYNTHESIZED MEDIA ENVIRONMENT
SYSTEM FOR PURCHASE OF TRAINING SIMULATOR FROM SEPTEMBER
ASSOCIATES.
Mayor Ferre:All right now,Mike,or Chief,or whoever is going to be doing
this Mr. Manager.
Mr. Gary:Mr.Mayor,I am going to try to make this brief. If you recall, at the
turbance that we had in Overtown, the U. S. Justice Department, Community
Relations Division, came to us at the behest of the highest chief official
in the United States to assist us in addressing the problems that we were
confronting in Miami and Dade County, and one of the things that they sug-
gested to us in terms of improvement was for us to view a system imple-
mented in Flint, Michigan, particularly, and it was also in Seattle, Wash-
ington that assisted the Police Department and the community in addressing
the issue of deadly force, a city which was confronted with the same problem
that the City of Miami was confronted with. At the initial stages of
this, I was apprehensive about it, but after the preliminary discussions
we had in the Justice Department and with the officials who prepared the
system, the Justice Department invited us to go to Flint, Michigan to view
the system which they thought was very successful and.......... as
caveat in addressing the problem of deadly force within the City of Flint,
Michigan. As a result of that, we came back to Miami and we had a demon-
stration here of the system, even though it was not at the same level it
was in Flint, Michigan, due to the cost, as well as the transportation of
the system. The system was presented to the entire community. Everybody
was invited. All the law enforcement agencies, criminal justice agencies,
as well as the public, whereby we demonstrated a system utilizing police
officers as well as citizens in Miami. After that, the City Commission
approved the system and authorized and directed the City Manager to begin
negotiations of a contract as well as to attempt to do the same thing that
Flint, Michigan did, which was to seek private foundation in either fully
or partially funding the system. We were successful in negotiating an
acceptable agreement to both parties and furthermore, we were successful
in getting a $300,000 grant......
NOTE FOR RECORD: At this point, request was made of people carrying on
noisy conversation in the Chambers to please remain quiet or leave.
Mr. Gary: As I said, the City Commission authorized and directed me to
proceed to negotiate a contract as well as to io the same thing that Flint,
Michigan did in terms of seeking private foundation funding, either par-
tially or fully to support this system. We have successfully negotiated
a contract. I have successfully secured a $300,000 grant from the Knight
Foundation. The check has been received. It is in the bank, and we are in
last dis-
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MAY 121983
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the process of recommending to you that we proceed forward in the purchase
and implementation of the system, which I feel pe7sonally and professionally
will benefit us as one single item to assist us itt the use of deadly force,
and better community relations. I would like for the representative from
the U. S. Justice Department, Criminal Community Relations Division to give
us some comments with regards to the system, Mr. Mayor. And I also have
the Chief available for comments also. I would like to also state before
he begins that you have a report from the Chief in your packet that analyzes
the system and recommends that system.
Mayor Ferre: It is dated May 6th. This not an answer to my question, though
I want an answer before I vote:I asked a series of very specific questions.Tnis is
not in answer to mine; this is a twenty-three page . I am sorry it is more than
that - it is close to thirty if you add the other stuff memorandum that we
received today in the packet. I flipped through it. I don't find an answer
to my question, so I need answers to my question. I asked about five or six
questions. I'm not trying to delay this Howard. I want, my questions answered
on the record and then I am ready to vote J or it.. This is not an answer to
my questions. I have about five or six questions. I very carefully and
explicitly put them on the record. I told you I wanted'an answer before we
voted on this, and I intend to maintain that position.
Mr. Gary: I am getting the questions now. We will be happy to respond
to them and just to expedite the process, can we have the Justice Department
official talk and I will'get those questions and respond to them.
Mr. Robert Schroeder: Mr. Mayor, Mr. Vice -Mayor and members of the Commis-
sion, Mr. Manager - as a result of the Overtown disturbance, the U.S. Department
of Justice, Community Relations Service conducted an assessment and deter-
mined internally that there were two areas that were two areas that we
would like to address here in Miami and provide recommendations to the
City. Regarding Number, one was subject of training, with regards to use of
force;and,Number two,was to make recommendations regarding the Police De-
partment's Police Community Relations Unit. Regarding Number one, training,
our recommendation was for the City of Miami to assess September and Asso-
ciates Simulator. also known as the Synthesized Media Environment. We
recommended then that the City acquire it; we stand behind that recommenda-
tion that the City acquire the Simulator. Before I make any other comments,
I would like to add that normally, we do not make public statements of this
nature before Commissions. We don't take sides. We try not to, we try to
maintain our neutrality. Our agency recommended September and Associates,
or rather, introduced September and Associates to to the Dade -Miami Criminal
Justice Council. During the council assessment or study of the Simulator,
we were not contacted; we were not asked for input. That is probably where
our input should have been within the study. It is not there, so I find
myself in front of you today. There have been two other studies on the
Simulator. One was conducted by the National Institute of Justice Evalua-
tion. Yes, there were a few areas of concern in the study, but by and
large, the study was almost unanimously in favor of the Simulator. The
second study was the Mayor's Committee on Police Community Training, com-
pleted in July of 1982. And I would like for you to know that that study
likewise was very optimistic, praised the Simulator, but even more
importantly than that, I would like for you to know that who was on the
Committee, not by name, but by position. On the committee were representives
from the Urban Coalition of Greater Flint, The Afro-American Police League of
Flint, The Urban League of Flint, Concerned Pastors for Social Action,
Police Union - Teamsters, General Motors Institute, Urban Coalition of
Greater Flint, Flint Police Department, Flint Community Schools, The National
Association for the Advancement of Colored People - Flint Chapter, Prose-
cuting Attorney's Office, Flint City Council, Sheriff's Department, Mayor,
and so on. Their study was very much in favor of the Simulator. I see no
reason for the Justice Department Community Relations Service to change
its recommendation. We stand behind the Simulator. The report that came
out by the Council did not sway us in our decision.
Mr. Plummer: May I ask a question?
Mayor Ferre: How about the Grand Jury report. Have you read the Grand
Jury report?
Mr. Schroeder: The Grand Jury report was primarily based upon the Dade -
Miami Criminal Justice Council's report, which...
84 MAY 1219W
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Mr. Plummer: Okay, but may I ask a question. The one thing that bothers me,
in the Grand Jury Report, is that the Simulator, in their estimation is out-
moded? Would you comment on that, please?
Mr. Schroeder: The Simulator uses automation in its application through limited
computer applicability and it uses the latest technology of motion picture
camera, twenty, twenty-two cameras. I didn't understand... the State Attorney's
office reference in that statement that it is outmoded - the Dade -Miami Criminal
Justice Council's statement that it was outmoded. The Criminal Justice Coulcil
didn't say why it was outmoded. I personally disagree with that statement.
I don't see where it is outmoded. The National Institute of Justice Evaluation
three years ago predicted that this was going to be widely used across the
country, and I just don't see where the basis for that is.
Mr. Plummer: Thank you. Can I ask a question of September and Associates?
Mayor Ferre: Yes, sir. Go right ahead. Can September and Associates go to
the microphone? Name and address.
Mr. Raymond Frank: Raymond Frank, Director of Training,.Seattle, Washington,
September and Associates.
Mayor Ferre: Okay, go ahead.
Mr. Plummer: I am not particularly who answers the questions. I assume
you three are the principals of September and Associates. Were any of
you called to testify about your Simulator before the'Grand Jury?
Mr. Frank: Yes, we were. We were called by Mr. Tom Peterson before the
Grand Jury and it was off the record.
Mr. Plummer: It was off the record?
Mr. Frank: Yes, sir.
Mr. Plummer: You never testified before the Jury itself?
Mr. Frank: Yes, the Jury was there, in total, but it was off the record.
Mr. Plummer: Okay. To your knowledge, did any members of the Grand Jury
see your system.
Mr. Frank: Not to my knowledge, no.
Mr. Plummer: Any of the three? To your knowledge, did any of the members
of the Grand Jury have the same opportunity that Mr. Gary, Commissioner
Dawkins, and myself, and a few others here, in talking with the people
of the community, i.e.-Flint, Michigan?
Mr. Frank: They had the opportunity.
Mr. Plummer: Did they? To your knowledge, did they speak to any of
these people?
Mr. Frank: To my knowledge, no, thev did not talk to any of these people.
Mr. Plummer: Okay.
Mayor Ferre: All right, any other questions? All right, Mr. Manager, let
me see if I can ... have you gotten my...?
Mr. Gary: I have your questions, Mr. Mayor, right here.
Mayor Ferre: There are about four or five; I can reconstruct them if we
need to.
Mr. Gary: I have six questions.
Mayor Ferre: All right, that is what I thought it was.
Mr. Gary: Let me respond to them.
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Mayor Ferre: Question Number one was, "Is it going to cost $600,000, or is
it going to cost $2,000,000, like the report said?"
Mr. Gary: Let me go down the list this way. "Whv was the Criminal Justice
Council report addressed to the County Manager?" That was the first question.
We took all of these off the minutes. The reason is because the County Manager
asked for the report and that is why it was addressed to him. "What is the
total and correct amount of the Simulator, and are there any hidden costs?"
First of all, the correct amount is $500,000 with the options that are
available here on Page 7, some of which we will take advantage of later on,
but the initial cost...
Mayor Ferre: Does that include the construction and the placing it when it
is finished?
Mr. Gary: Okay, let me finish, Mr. Mayor. In Chief Harm's report, he
addresses the cost and he has on here a total of.$922,.700, plus $250,000
for the permanent C.B.S. structure and let j e...
Mayor Ferre: All right, are you talking about $922,700?.
Mr. Gary: Yes, sir.
Mayor Ferre: .And now, what is the...?
Mr. Gary: The $250,000 is for...
Mayor Ferre: Is that in addition to?
Mr. Gary: Yes, sir. Now...
Mayor Ferre: So, in other words, the cost therefore, is close to $1,100,000.
- Mr. Gary: $1,100,000. Now, let me just correct this report. This is the
way you do your figuring, but let me explain something to you. First of all,
it is our intention to utilize an existing facility that we have, namely a
Fire Station. So obviously, the cost of the permanent C.B.S. structure
goes out and that addresses the issue of the Virginia Key area. Secondly,
we presently, Mr. Mayor, have training officers on our staff, which would
be utilized, so therefore, if you look at the twenty P. 0. part time equal
P. 0. man hours, the $120,500. That is a duplicate cost that we already
have in our budget and it is on -going cost. In terms of two marked police
vans, those are already costs that exist within the budget and those are
resources already utilized. In terms of the firearms and ammunition and
blanks, that is a legitimate cost. In terms of the radios, those radios
already exist. In terms of the outside maintenance, the maintenance for
the facility already exists. Property machine rental - some of these are
nicer things to have,'but you really don't need to have. In terms of the
telephone, Mr. Mayor, the cost is presently being borne by the facility.
In terms of electrical, Mr. Mayor, the cost already will be borne by the
facility. Training expense, $5,000 - I don't know what the hell that
means, but it looks like a general expense. So, Mr. Mayor, I am talking
about approximately $250,000 for the C.B.S. structure I have just elimi-
nated from this cost. I've just talked about $120,000; I have talked
about almost one-half million dollars, just reduced off the cost because
we are already doing this - providing these services.
Mayor Ferre: So, you are telling the Commission that the total expenditure
should not exceed $750,000...
Mr. Gary: All we have to do, Mr. Mayor, in addition to the Simulator, is
to modify an existing City structure that we already have, just to put the
system in.
Mayor Ferre: So, $700,000 should cover it.
Mr. Gary: That is correct, sir.
Mayor Ferre: Okay, now what was the next question?
Mr. Carollo: Excuse me, Mr. Manager. When you say $700,000, is that including
the $300,000 that we are receiving from the Foundation?
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Mayor Ferre: No, no.
Mr. Gary: No, the total cost is $700,000. You have to subtract the $300.000
check I received from the foundation. It is in the bank, so we are talking
about $400,000 to the City. "Are there any competitive systems?" Mr. Harms
addressed this in his report in that there are other similar systems, but
they don't deal with branching and the other capabilities that we have.
"Will the training center at Virginia Beach be a more realistic and valuable
tool?" The answer to that is "no", based on the fact that we have existing
facilities here. This will be an indoor type of an activity. "Is there a
conclusion t3 the Flint, Michigan System?" Mr. Mayor, Vice -Mayor Plummer,
Commissioner Dawkins, and myself not only saw the system in action; not only
did we talk to the police officers without September Associates around; not
only did we talk to the community, the people, without the people around;
and the conclusion is that those people have, in terms of the perception of
their mind, is that the system works as demonstrated by the fact that an
individual in the City of Flint, Michigan has not been shot since that inci-
dent, particularly in view of being shot in the back, The City Commission
would like an opinion of the Police Chief and that's ttik report that you'have
there before you, Mr. Mayor. *0
Mayor Ferre: The only thing that I said that was concurrent with my positive
vote on this, was number one, that we would better utilize psychological and
psychiatric evaluations in the process of culling out "violence -prone indivi-
duals. I talked to Human Resources Manager, and Bob, I think you are back here,
aren't you? You said that there were several trained' .psychologists in town
who very strongly felt that there were ways of improving. That was a matter
of opinion. It is my opinion that those psychologists are correct, and I
talked to several psychologists on this, and there are ways of better dealing
with the process of psychological examinations and the use of the Police
Department. I do think that, and we now have a police officer who is a trained
psychologist, and if he is not appropriate, then we ought to get one that is
appropriate, because I think... it seems ... I realize that you were trying to
comply with the Consent Decree, but we have gone a long way since beginning
all of this. It seems ridiculous for us not to let the Police Department
have access to psychological tests. They should be part of the decision
mechanism of making decisions as to whether or not an individual has a pro-
pensity towards violence. How can you hold them accountable if they have
nothing to do with the decisions?
Mr. Robert Krause: Mr. Mayor and members of the Commission, I submitted a
report to the City Manager on April 20th. He believe he sent that to members
of the Commission. One of the things that I said in there was that most re-
sponsible psychologists and psychiatrists felt that he it was not practical
or feasible with psychological tests
able to screen candidates out prior to hire, because psychological testing
is not able to predict the rare or unusual incident. That was confirmed this
week by the Grand Jury report which quoted research from two other sources
which reached the same conclusion. On the other hand, I did say in the report
that I felt that it was extremely important for the Police Department to have
access to psychological testing and clinical psychologists during the proba-
tionary period and during the employment of police officers.
Mayor Ferre: Mr. Manager, I am not trying to get into a technical argument,
and obviouslyp Bob, you are qualified and so on. You know, it is very simple.
In my motion, and I want to include it in the motion when we vote, is to in-
struct you.to further improve psychological testing as a tool for culling out
violence -prone people. Now, can you think of any more general than that?
Mr. Gary: I accept that, and I agree with that.
Mayor Ferre: Fine. Let's go on so we can move along.
Mr. Plummer: Chief Harms.
Mayor Ferre: Wait a minute, J. L., because I've got....
Mr. Plummer: I am sorry.
Mayor Ferre:.... one was psychological testing; the other one was community
sensitivity training. Sensitivity training, remember, was when a bunch of
fourteen year old Black kids get out there and start yelling at a White offi-
cer or a Cuban officer, that man understands what that means, okay?...and
MAY 121983
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doesn't jump to erroneous conclusions, or, let's put it in another context -
if there is a disturbance or a rally of Cuban revolutionary forces in Miami,
and there is two thousand people out there and a Cuban priest is speaking,
that a lieutenant doesn't yank the microphone away. We went through this
before, so...
Mr. Gary: Mr. Mayor, I accept ... you and I have had numerous conversations
over the years about this. I accept your recommendations that is a part of
this motion —and all I can say to you is, that we are making progress in
those areas; as an exaziple the cocked guns issue —this is another one, we
plan to do the sensitivity and the psychological.
Mayor Ferre: No, no. Mr. Manager, in this case this is not a general nebulous
kind of "Alice in Wonderland" thing. This is very specific. I am going to
put into this motion a very simple statement clause that you are to immediate-
ly come back to the Commission simutaneous with the order placed with September
and Associates and tell the Commission specifically how you are going to get
into sensitivity training, either with this machine, or'outside this machine,
or I don't care how you do it, because that is what the Police Chief and
the professionals are going to tell us, as to how you are going to deal
with sensitivity training in the Police Department. Okay?
Mr. Gary: Yes, sir.
Mayor Ferre: Now, the other one, I have less ... I mean, I think this is important,
but I think it is a more complicated one and that is, this Stress Center that
we were talking about and that is something that we are going to have to come
up for discussion, so I would like for you to schedule it, Mr. Manager, within
the next three months, and we specifically have a session here and bring Mr.
Gallop here and bring the people that went to Dallas, or Houston or wherever they
went on that subject and let's have a discussion as to where this is working
around the country, if at all, and then get a recommendation from you on
that.
DISCUSSION OF PROPOSED CITY OF MIAMI FIREARMS RANGE,
Mr. Carollo: Mr. Manager, if I may, at the same time that we have discussion
on that, it has been I think, at least four, five, six months or more since
I requested to receive a report from your office in conjunction with Police
Administration, as to the use of Virginia Key to be used as a training center
in a firearms range for our police officers. One of the things that the
Grand Jury suggested was that we should emphasize more time for our officers
in an outdoor firearms- training center, firearms range, survival city type,
like Dade County has. Well, I agree with that. The problem is, and I think
the Chief would agree with me on that, is that, Dade County - and rightly so,
gives first notice to their people. We get second bidding on it, and many a
times that we might want to send our people there to use their range, it is
not convenient for them, because they have their people going through it, so,
what I would like to do is to see if we could establish our own firearms
range, which I think we can build very cheaply, I am sure, for probably under
a quarter of a millions dollars over at Virginia Beach; at the same time,
start building from there, a true survival city in the form that Dade County
has. Chief, also for the record, I would like to clarify some misconceptions
that might have been sent out to the public from that report from the Grand
Jury. Can you explain to us just the type of training that our officers
have, not only while they are in the Academy, but afterwards, because from
what I understand, I think that our Department spends probably as much, and
probably more time in giving firearms training to our officers, than just
about any other department in the State of Florida.
Chief Kenneth Harms: Yes, Commissioner, you are correct. The basic curricu-
lum that we send our officers through is in excess of eight hundred hours.
The State mandated training is three hundred twenty hours. Within that eight
hundred hours plus, there are substantial blocks of time that are devoted to
use of deadly force and firearms training. Subsequent to graduation from the
Institute, officers go through a special two week program that, I think
better equips them to deal specifically with the departments that they are
sent to, Miami officers to Miami, and so on. In addition to that, officers
MAY 121983
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have been assigned to a minimum three-month Field Training Officer Program
that has become a model around the country. Now, with regard to annual
qualification requirements, the State again requires once a year qualification
as opposed to our requirement, which is four times a year. So, you are cor-
rect when you say that we go far beyond what the State requires.
Mr. Carollo: That's why I wanted you to state that on the record because apparent-
ly that Grand Jury report has created some grave misconceptions and I think
it would have been fitting for them to have contacted our Department before
they would come forth with some of the things that they included in the report.
Now, I think they were well inten:ioned and I agree with some of the areas that
they spoke in there, including the area that we need additional training,
but what I am trying to say is that our department has -gone well beyond any
training that any other police department in the State of Florida receives and
I think that speaks highly of our Police Administration and of our police
officers.
Mayor Ferre: Further questions?
Mr. Plummer: Chief Harms, you and I and Mr. Gary and the others that went to
Flint met with a group pretty much outlined by the gentlemen from the Justice
Department - head of the Urban League and we sat there around that table for
I guess what - two hours?...two and one-half hours? And I would like for
you - I think it would be more appropriate for you to.give us what you felt
their comments and observations were, not only as`it relates to the Simu-
lator as a tool of training, but for community relations. I would like your
thoughts or your observations or how you surmised that meeting with that group,
which was about 90% Black.
Chief Harms: The meeting then, of course, that you are referring to occurred
the evening of the day that we viewed personally the Simulator and participated
in the simulated exercise. I personally was somewhat skeptical, initially of
the meeting. It was my expectation that several folks would sit around the
table and talk about what a nice program it was. Within a fairly short
period of time, though, I was convinced of the sincerity of those individuals
involved, representing various groups that have already been mentioned here
today. It was my best impression that they felt that this was more than just
a simulated training mechanism, but a vehicle that permitted them to communi-
cate more effectively with the Police Department and the Police Department to
communicate more effectively with the citizens that they serve within that
community. So, we talked a lot about what they felt with regard to communica-
tion, the relationship within a community, how that relationship had changed
over time, particularly with regard to a before -and -after -simulator implementa-
tion within the community itself.
Mr. Plummer: I want to express for the record that I only have one hesitation,
which is slight. I don't want anyone to misconceive that this Simulator, in
this person's opinion is a utopia cure-all. I don't believe that. I believe
this is one step more and I think it will be a very beneficial step, but I
hope that no one, the Administration or the Department is going to conceive that
this is it and we are not going to do anything else. I happen to believe that
some of the point made by the Grand Jury need to be addressed. I don't think
there is any question. My only problem with the Grand Jury report was that
they dedicated twenty-three pages of their report to the Police Department, ai.d
I find that they only ... I find this to be, without anything... they only address
in five pages of their report sixty-one murdered people. Not one word of this
Grand Jury report has gone to say "How do we address the people in this com-
munity from stopping killing sixty-one people?" Now, to me, that would have
been much higher in the priority of community good, if they would have come
up with solutions, than taking twenty-three pages and addressing it to the
problems of the police. I think we have to equate priorities. Once again, I
am voting for this. I was convinced when I went to Flint, Michigan that not
only is it a tool, but there was no question that the people who I sat around
that table with and listened to for two hours convinced me that it was a tool
also for better community relations.
Mayor Ferre: Ready? Further discussion?
Mr. Carollo: Mr. Mayor, I think the bottom line of maybe what should be stated
on the Grand Jury's report is that yes, there are good and bad in every organiza-
tion and even though 99% of our police officers are professionals, there is that
- ld - 89 MAY 121983
one little minority, like there is in every profession, that shouldn't be there,
but that shouldn't reflect on the other 99.9% that are true professionals. But,
what concerns me, also, is that while so much time was dedicated, and rightly
so, to their concern of excessive use of deadly force by police officers and
citizens of this City and County, and again I am not criticizing that, we
should dedicate time and concern to that- there was no mention, or true con-
cern on the use of deadly force by criminals of this City and County, and the
use of deadly force by those criminals on our police officers. Officer Manning
was shot in the groin by use of excessive deadly force by a criminal. Where
are all the bleeding heart`liberals`'that have been screaming so much for the
last year? We didn't hear, did we?
Mayor Ferre: Any other statements for the record? Mr. Manager, I too, will
be waiting in favor of this. I think it is a step in the right direction. It
is one of several steps that have to be taken. It is not an answer. It is not
a total answer. It may not even be very much of a partial answer; we don't
know. But, I think it is certainly worth trying something. In the last ten
years, in the United States of America, there have been one thousand police
officers that have lost their lives. Them have also been ten thousand citi-
zens that have been killed by police officers, so we are talking about a
substantial amount of people that have lost their lives -in this country. It
is obviously a serious matter. I am convinced that there is room for improve-
ment. I don't know what the improvement is, or how we are going to reach it.
I do think it is a combination. I think it has to do,with training and disci-
pline. I think it has to do with expertise and professionalism. I think it
has to do with good will on the part of the community. and appreciation of
the difficult work that police officers do. There -cannot be good police work
unless we have a balance between the work that the police do and the commun-
ity. The police have got to be understanding and sympathetic and in tune with
the community it serves. The community has to be sympathetic, understanding
and in tune with Police Department. Unless we get that balance, and one of
those things is missing, if the Police Department does not like the community,
don't want to deal with them, look down upon them, don't feel that they have
anything to do but enforce the law, then I don't think that we are going to
have a good Police Department. If, on the other hand, we have a community,
including the press, that is continually knocking the Police Department, con-
tinually blaming the Police Department for everything, continually picking on
officers with or without reason; with or without cause and putting them on
the defensive all the time and not being cooperative part of the community.
if we have a neighborhood that does not work in conjunction, but sees crimes
going on that are rampant, do not cooperate with the Police Department, don't
call the Police Department, don't inform the Police Department of what is
going on because they don't trust them, then we have a bad community situation.
Now, obviously, I don't... there are just two simple things that I want to put
into the record, because people get so confused. They say Miami is like any
other American city, and we are not any worse than any other American city.
The fact is that we had riots in Miami after the McDuffy trial. And the fact is
that we have had disturbances. People say, "Well you know, that happens in
New York all the time". No, it doesn't happen in New York all the time. I
don't know...I can't remember in the last year or two where eight cars were
turned over and set on fire in New York in recent years. Now, it may have
happened in the past and it happens on television, but I don't recall it
happening in New York and it did happen in Miami! We can't just say that
nothing has happened in this town. We can't just turn around and say that we
are just like Cincinnati, or Buffalo, or Sacramento, or San Diego, because we
are not. Something different has happened here. They have not had Mariel.
We have had Mariel. They don't have...there are nine hundred Mariel refugees
in Dade County and Florida jail systems right now. Now, the minimum of
criminals that came over in the Mariel situation were five thousand. That is -
the minimum, and Chief, you told me that there are estimates of maybe as high
as twenty-five thousand. Now, I don't know whether it is five thousand or
eight thousand or twenty thousand, but we know for sure that we have a problem
that certainly Cincinnati doesn't have, or Buffalo. Now, we do have problems
here. We have had confrontations, and it isn't just the Black community that
is affected and I hate to say ... I am not happy that the confrontation with
the Cuban community occurred last January - a year ago January, but it
occurred. And when those people came here and they were angry ... you know, we
said ... hey, for years and years you said "Well, that is a Black problem". It
isn't a Black problem. We are all affected. We are all involved. This is
something that is of concern to the citizens, to the Police Department, to
90 MAY 121983
r
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W
the Brass, the Administration the citizens, to the neighborhood - we are all
affected. We must find solutions. I am satisfied that the United States
Justice Department in its Civil Rights Section, has the best intentions in
speaking out. I frankly am surprised that it has been as outspoken in a
positive way as the Justice Department has here today and in previous occasions.
I commend you for that. I commend the Department for that. I think we cannot
ignore that. I realize that Judge Gelber has some serious problems and I find
it curious and I would like to talk to Judge Gelber and get a clarification
that some of the staff - by that I mean Dr. Jeff Silbert in particular - and
other members of the Council who were initially in favor of this operation
and then subsequently changed their position. I have read some of the com-
ments. I think there has been some misunderstanding of some basic issues.
In my view, from what I have read, from what I have seen, this is a step in
the right direction. I hope it is a major step. I don't know. I would
like to amend, Mr. City Attorney, the motion that is before us, to include
three specific areas that I spoke about, and I will not take the time to re-
peat them, but it is in the record. Onel deals with the improved usage of
psychological testing for the purposes of culling out violence prone individuals
that are coming into the Department. Two deals with police and community
sensitivity training -and the third one deals with stress centers outside of
the Police Department, and I specifically mention the work done by Mr. Gallup
and Wally Rodak and others in the Police Union. With that, I rest. Any other
statements? Is there a motion?
Mr. Carollo:, Motion.
Mayor Ferre: All right, there is a motion on item number 7, as amended. Joe,
do you accept those amendments?
Mr. Carollo: I accept the amendments.
Mayor Ferre: Is there a second on item number 7?
Mr. Plummer: Second.
Mayor Ferre: Further discussion? Read the ordinance.
Mr. Robert Clark: Mayor.
Mayor Ferre: Yes, sir.
Mr. Clark: Would you let your three areas...
Mayor Ferre: Come back at a subsequent ordinance.
Mr. Clark: On Number 8. Number 8 is a resolution. I would like to have this
ordinance go through...
Mayor Ferre: No, sir. No air. I want you to make it as part of the ordinance
and I want you...I don't mind voting on it at some future meeting, not to hold
anything up. I will vote on this as it is now.
Mr. Clark: This is the appropriations. The next item is the purchase.
Mayor Ferre: All right, Is it item number 8, you mean?
Mr. Clark: Yes, sir. That's it.
Mayor Ferre: Okay, I accept that. Read the ordinance.
ld 91 MAY 12 ts$
1,
AN ORDINANCE ENTITLED:
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND
ENTITLED "SYNTHESIZED MEDIA ENVIRONMENT SYSTEM" FOR IMPLE-
MENTATION IN FISCAL YEAR 1982-83 FOR THE PURPOSE OF PRO-
VIDING FUNDING IN THE AMOUNT OF $600,000 TO PURCHASE A
TRAINING SIMULATOR FROM SEPTEMBER AND ASSOCIATES EAST INC.,
WHICH HAS PROVEN TO BE AN EXTREMELY EFFECTIVE TOOL IN DEVELOP-
ING SKILLS OF LAW ENFORCEMENT PERSONNEL, USING REVENUE IN A
LIKE AMOUNT AVAILABLE FROM THE LAW ENFORCEMENT TRUST FUND IN
THE AMOUNT OF $300,000 AND A GRANT OF $300,000 FROM THE
McKNIGHT FOUNDATION, AND ALLOCATED TO FUND SAID PURCHASE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo, 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.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre*
NOES: None
ABSENT: None
Whereupon the Commission on motion of Commissioner Carollo, and
seconded by Commissioner Plummer, adopted said Ordinance 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**4
NOES: None
ABSENT: None
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9616
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission
and to the public.
ON FIRST ROLL CALL:
Mayor Ferre: With the stipulations into the record previously stated, I
vote "yes".
ON SECOND ROLL CALL:
7Mr. Dawkins: I vote "yes" and in voting "yes", I would hope that the
September & Associates would use some local people as consultants to help
them to do -as the Mayor said, adapt this thing to our situation here in Miami.
***Mayor Ferre: Now with the stipulations as previously stated, "yes".
92
MAY 121983
ld
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40. WAIVE REQUIREMENT OF COMPETITIVE SEALED BIDS FOR ACQUISITION OF
TRAINING AND EDUCATION SIMULATOR, CITY OF MIAMI POLICE DEPARTMENT,
FROM SEPTEMBER ASSOCIATES.
Mayor Ferre: Item Number 8, Waiving the requirements of competitive sealed
bidding.
Mr. Carollo: Moved.
Mayor Ferre: Moved by Carollo. Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Second by Plummer. Further discussion? -;Call the roll.
low
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-383
A RESOLUTION WAIVING THE REQUIREMENT OF
COMPETITIVE SEALED BIDDING', AND
AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED, WITH
SEPTEMBER AND ASSOCIATES EAST, INC. FOR
THE ACQUISITION OF A TRAINING AND
EDUCATIONAL SIMULATOR FOR THE CITY OF
MIAMI POLICE DEPARTMENT AT A BASE COST OF
$500,000 WITH MONIES THEREFOR ALLOCATED
FROM THE LAW ENFORCEMENT TRUST FUND, SAID
AUTHORIZATION BEING SUBJECT TO THE
AVAILABILITY OF FUNDS; PROVIDING THAT THE
ACQUISITION OF THE SIMULATOR BE AUGMENTED
BY (a) FURTHER IMPROVEMENT IN THE PROGRAM
OF PSYCHOLOGICAL TESTING TO SCREEN OUT
VIOLENCE -PRONE CANDIDATES FOR EMPLOYMENT
AS POLICE OFFICERS, (b) IMPLEMENTATION OF
A POLICE AND COMMUNITY SENSITIVITY
TRAINING PROGRAM, AND (c) ESTABLISHMENT
OF STRESS CENTERS SEPARATE FROM AND
OUTSIDE OF POLICE DEPARTMENT
ADMINISTRATION FOR COUNSELLING OF POLICE
OFFICERS; FURTHER PROVIDING FOR THE
ADOPTION OF THE FINDINGS AND CONCLUSIONS
SET FORTH IN THE PREAMBLE OF THIS
RESOLUTION.
(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
ld MAY 121903
1
i
41. DISCUSSION ITEM: SKIPPING OF NAMES IN GENERAL OF PERSONS ON
PROMOTIOVAL REGISTERS ALSO DISCUSSION OF FIREARMS RANGE ON
VIRGINIA KEY.
Mayor Ferre: Chief, before you leave, there is another item that is police
related that I want to make sure we understand each other. Wally, I want
you to stand at this other m:tcrophone. Two years ago we had a problem where
some police officers were skipped over. In that case, as I recall, they were
White Anglo police officers that were skipped over, and others were moved up
from the register. At that time I was willing to stop the whole process,
but it was at the request of both the Chief and the Union that they would
work it out and I left it in your hands. Subsequently, I heard that it had
been worked out. Then I received a visit from a police.officer and I asked
him if he knew what he was doing coming to see me? Shouldn't he be seeing
the Police Chief or the Manager? He said that he knew' -that he was taking a
big chance, but he thought that this was s'6mething that he had to do, and he
was willing to take his chances. And we talked - he was in no way at any
time critical of anything or anybody other than the fact that he thought
that there was reverse discrimination going on and that in fact he had
been skipped over for other White officers and that he thought that was un-
fair. I happen to concur if indeed that is the fact..: Now, there was also
a case of a Black officer, which he did not bring toJmy attention, but I
looked at in the Register'and I saw that a whole series of Black officers had
been moved up, even though this particular Black officer had a higher score.
Others had lower scores and in one case, one Black officer who had not passed
the test was made a sergeant or was it a lieutenant, I forget which even
though he failed the test. Now, I have subsequently been answered and in
that case, that gentlemen was —that was part of the Cohen decree, and
therefore we were legally bound to do that in the settlement.
Mr. Gary: In the settlement.
Mayor Ferre: In the settlement, okay?
Mr. Gary: Which they voted on.
Mayor Ferre: Which they voted on. Okay, now, the thing that concerns me and
I have two basic concerns. Number one, I consider myself the father of the
Consent Decree and Affirmative Action in the Police Department because I am the
fellow who got the City involved seven or eight years ago and was severely
criticized at that time for that. I make no apologies. I think we have
made a lot of headway and gains. Minorities and women have moved up in
the Police Department and I am very proud of that. I do think, however, we are
now on the border of getting into areas of reverse discrimination. In other
words, where police officers are being skipped once, twice, three times.
In the case of this officer - I forget his name, was it Evans?
Chief Harms: Sergeant Evans.
Mayor Ferre: Yes. He says - is it three times he has taken the exams?
Chief Harms: He has placed fourteenth, thirteenth and twelfth on three
consecutive exams and had...
Mayor Ferre: But others - people under him have jumped over him to be the
lieutenant.
Chief Harms: To accomodate minority promotions. That is correct.
Mayor Ferre: How about Whites?
Chief Harms: No, sir, only ... with the exception, of course, of the most
recent agreement between the City of Miami the Justice Department, the M.C.'r.B.A.,
the Hispanic Officers Association, the F.O.B.
Mr. Gary: The answer is "no".
ld
94
MAY 121983
I
Mayor Ferre: Chief, my position is very simple. My apologies to the Evans'
and Rodaks' of the Police Department for being skipped over once. I am sorry
it has to be done because there are no Blacks, Latins ... five years ago there
was hardly any representation. Now, in recent years, since we changed the
rules of the City of Miami, there has been significant improvement. I apolo-
gize to the White Police Officers that had been skipped in the past. It had
to be done. Twice, I feel a little bit concerned, but I think that if the
sacrifice has to be made, it has to be made, but beyond that ... hey, beyond
that...I think it is just unfair. I think it is unfair for a person to wait
for a whole bunch of years, take the exam, pass the exam, get on the register
and be skipped three times. That is just wrong! It is just you know, unfair,
and my position is that I think that we need to be very careful that we don't
get into the realms of reverse discrimination.
Chief Harms: Mr. Mayor, let me make a couple of comments, if I may. If
placement on the exam was a criteria for promotion, of course it is with
regards to being on a promotional register for more that one time, then in fairly
short order what would have happened, because we give tests every year, these
individuals would in fact, appear on those registers'possibly countless times
and not be promoted. In the Evans' case, be was thirteenth on one register,
fourteenth on another. Had there been a straight line promotional process,
without minority promotions, he would not have been promoted off of either
of those two registers. He is currently on a third register, the one that is
in existence at this time and has been passed again for minority promotion.
If a policy is created that suggests that if a person .is passed two times
he is automatically eligible the third time for promotion, then what that
would in fact do, in a fairly short period of time, is to gut the Affirmative
Action minority promotional process that we have here.
Mayor Ferre: Let somebody else wait a couple of times!
Mr. Gary: Well...
Mayor Ferre: See, I've got no problems with that. I am saying there has to
be a limitation to how much a White police officer is asked to sacrifice. I
don't mind him sacrificing a little bit, but I think there is a point where
it is unfair to ask that person to be skipped over three times. I just don't
think that is right.
Mr. Gary: Mr. Mayor, I concur with you, but I think we are in a "Catch 22"
situation here.
Mayor Ferre: We always have been, Howard.
Mr. Gary: If I may, the City Commission has a policy of 80%, and we are
constantly, daily, at every City Commission, being cautioned to exercise to
meeting that 80%. Not only is it now something that we discuss at every City
Commission meeting, but we now have even gone into D.D.A. and Off -Street Parking
Authority. And this is one of the concerns that we bring up during the Budget
hearing. Now, to say on one hand you have an 80%, but on the other hand you
cannot skip an officer more than two or three times causes some problems.
As an example....
Mayor Ferre: It doesn't cause me problems!
Mr.Gary:.as an example,if you have 2 officers to be promoted,2 vacancies, buro is more.
than that one officer, which may require to skip that same officer again. Now,
if the City Commission wishes to implement a policy of a person not being
skipped more than two or three times provided he is a good officer, then
obviously some adjustments have to be made on the other end in terms of
Affirmative Action goals too.
Mayor Ferre: I will tell you what. I will make it easy for you. I will make
a motion right now that the City of Miami Commission go on record that no
person, Black, White, Latin, Woman or otherwise, be skipped on a register more
than three times. It is just that simplel ... unless, of course, there are
other underlying reasons, Chief, which the Administration would have a right.
Chief Harms: Mr. Mayor, you mentioned a few minutes ago that what was hap-
pening with some of the White officers really bordered on reverse discrimina-
tion.
-.95
Id
MAY 12 M
Mayor Ferre: I think it is!
Chief Harms: That, in fact, is what Affirmative Action is all about. Cer-
tainly to the White officer that is skipped one time to accomodate an Affirmative
Action promotion, it is not viewed as fair by that officer, but we recognize
that exceptional measure have to be taken to make sure that we become more
representative within the Department.
Mayor Ferre: Chief, you know that in a military situation, a good commander,
when he asks of his troops, he has to be fair. He cannot ask one group, or
one company to go out and sacrifice themselves and lose lives if he is not
willing to ask another group to do the same thing. And all I am saying is,
you know, we talk about... today we had the United Way. We talked about fair
share. That is what the United Way is always saying - "My fair share". Well,
I think...I don't have any problems with somebody doing their fair share, but
I do have a problem with if somebody who has been a loyal, hardworking, in-
telligent, honest police officer or fireman, or any kind of an employee of
the City of Miami being skipped over more than a certain number of times, just
to accomodate something when we have other means of doing it. Remember, you
are talking to the guy who is the author of this whole thing, and I don't want
to agree with Reagan, and I don't agree with Reagan about ... and the Justice
Department wiping out,they're saying the quota ... hey, you know where I stand on
that, but I think there has to be fairness -to this doctrine.
Mr. Gary: Mr. Mayor, if I may, I think also, just as we should give fairness,
I think we should recognize fairness also.
Mayor Ferre:, Fine!
Mr. Gary: I think when we came about this problem with regard to prior reverse
discrimination and also in terms of what we are going to do to rectify it, we
made an agreement with the Union. We went in good faith and they came
in good faith and we came up with an agreement, and that agreement, basically
said that the people in the Cohen Decree were going to be promoted, and the
Anglos that felt discriminated were going to be promoted and that there was
a Latin that was going to be promoted. We were going to do that. We also
said that we were going to set up a procedure that would address just what we
are talking about today. Now, that procedure isn't cast in stone. It is written
here and it something we both agreed upon and it takes into consideration
your concerns. Now, I think it is not fair for us to sit down at your direc-
tion, which you bought off on and *the court bought off on, and came up with an
agreement and then one officer, or whomever, comes in behind the back door,
after everybody has voted on it in the Union, to say "Now, let's change it".
I don't think that is fair and I think we have an agreement that is workable
and it addresses your problem.
Mayor Ferre: So, that we don't dump on poor Mr. Evans - Sergeant Evans, I
brought this up way before I even knew who Evans was. Evans just walked into
my office one day, and he said that he hadn't slept the night before worrying
about this, and that before he talked, I said "Are you sure you want to talk
to me?" He said "I am sure", and then he talked, and I ... but, you know, my
last candidate on this was Apt, and I was wrong on that, because I had under-
stood from from Marvin Apt, Bobby Apt's father, that he had been skipped over
three times, and that wasn't the case and now, to and behold here is a White
cop who has been skipped over three times.
Chief Harms: But not to promote other Whites.
Mayor Ferre: Okay.
Chief Harms: I think that is part of the key.
Mr. Gary: Yes.
Chief Harms: Now, what we need to do, Mr. Mayor, let me suggest this...
Mayor Ferre: Kenny, I don't care whether it is to promote other Whites, Blacks,
or Latins. I do not think that a person should be made to take a test, go
through the whole process, get his hopes up, pass the test, get on the register,
believe that he is going to become a police officer and then he gets skipped
over for three times! Hey, enough is enough! You know?
ld .96 MAY 12198#
4 At
ld
Chief Harms: You have to be extremely careful in structuring a remedy, to what
you and I and others certainly may view as a very, real problem for White male
officers on the Department.
Mayor Ferre: Sir, I have a very simple question of you. Do you have any ob-
jections, as a Chief of Police, if the City of Miami takes a policy - and I
don't know whether there is three votes here or not for this - that anybody
can be skipped over for the purposes of Affirmative Action only for three
times, but that is it!
Chief Harms: I can't answer that question until I see what the map does. We
would have to take a look at the available candidates and realize what kind of
an adverse impact that could have on Affirmative Action promotions.
Mr. Gary: Mr. Mayor, I have...
Mr. Wally Rodak: Mr. Mayor, if I may...
Mr. Gary: Let me finish first, if I can from the Administration side.
Mayor Ferre: Go ahead, and then I am going to recognize...
Mr. Gary: Mr. Mayor, we have an agreement with the Union that was consummated
in court and accepted by the City Commission and on Page 4, Item 13, is to
address that. Now, to do something contrary to that, in my estimation is
something that is contrary to what we agreed to and what the court has accepted.
Mayor Ferre: Mr. Manager, do you have any objections to the City of Miami
Commission setting policy in the City of Miami and addressing the court on
that policy?
Mr. Gary: I have no objections to it.
Mayor Ferre: I didn't think you did! Now, go ahead, Wally.
Mr. Rodak: Mr. Mayor, I would just like to say that we have agreed, as Mr.
Gary has stated to this thing, and we have agreed to collective bargain this
issue at the table. I would only hope that your sentiments are conveyed to
the Labor Relations Officer and I am sure we can work this out.
Mayor Ferre: And as a matter of fact, we do have a bargaining session coming
up, don't we? And do you think that maybe on Tuesday you might be willing to
sponsor such a thing?
Mr. Rodak: We already have.
Mayor Ferre: Well, I want you to know that you got one vote on the City of
Miami Commission. I don't know whether ydu have three votes, but you have
got one.
Mr. Carollo: No, Wally, you have got two. Now you have to find a third.
Mr. Rodak: All I need is one more, right.
Mayor Ferre: I'll formalize it. I will make it into a motion right now. I
move you, air, that this City of Miami Commission go officially on record
saying we are against reverse discrimination and that the City of Miami
Commission's intention in Affirmative Action is not to get into the role of
discriminating against the majority. Now, to that extent, even though we
maintain our goals, and we maintain our Affirmative Action, that it is now
time for us to say that an officer...a City of Miami employee who takes a
test and becomes a bonafide member on the register, that that individual can
be skipped for the purposes of Affirmative Action once, twice and three times,
but no more, and I just so move.
Mr. Carollo: Second.
Mr. Plummer: Is there a second to the motion?
Mr. Carollo: There is a second to the motion.
97 MAY 121983
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Mr. Plummer: There is a second to the motion. Is there further discussion?
Under discussion... first, let me apologize for putting the foot up in front
of everybody. Mr. Mayor, I am going to vote against the motion. I am going
to tell you why, and this is going to sound strange to you, coming from the
Anglo on the Commission. Mr. Mayor, we have gone through this Consent Decree
all the way through and I hear the cry of the Manager and the City Attorney,
saying "Let us work out the math first". If they come back to this Commission
and say "Fine, we can live with the motion," then I will vote for it. But,
I think that we owe to them the opportunity to do as they have requested, do
their math, and then come back to this Commission and give us reasonable
ways and recommendations.
Mayor Ferre: I'd rather go down in defeat, Mr. Plummer, which is likely, and
I have no problems with that, but I feel very strongly about this and I feel
that this is something that is long overdue, and in my opinion, we are getting
into very, very dangerous grounds, and I think that this is something that we
have got to say. Now, I don't mean to start picking a fight with you, but I
want to remind you that you voted against the changes of.the Civil Service
rules consistently to the very end, and until Father Gibson changed his last
vote, which was the way we got these rules changed, we,would have not have
made the progress that we have made. I might remind you that at that time,
there was some hesitation on the Adminstration's change...and at that time,
we had a reverse situation. Now, all of a sudden, we are trying to get back
to the middle ground, and trying to get back to a place ... my position is very
simple - I am against injustice, whether it is injustice against Blacks, whether
it is injustice against Cubans, or whether it is injustice against White Anglos.
And I just think that we need to stand up, you know, -and I stood up, and I am
going to stand up again and it is just that...I don't mean to put it that way,
but the fact is that this is something that is long overdue, and I think it
is just time for us to bite the bullet.
Mr. Carollo: One of the things that I have learned in life is that you can
have the best computer around, but unless feed a program to a computer, it
is not going to give you any numbers and the type of numbers that the computer
will give you all depends on the type of program that you program it with, so
knowing that, and knowing numbers can be played with in many ways, just like
different programs can be placed in a computer, I really feel that we should
bite the bullet now and go forward with it and I am sure we could all work
this out in the future together. I think that the Chief, the Administration,
and the F.O.P. are sincere in trying to work it out. I am ready to vote!
Mr. Plummer: Commissioner Dawkins.
Mr. Dawkins: Mr. Vice -Mayor, it really irritates me to sit here and listen
to this verbiage. As long as Black people were on the Police Department, and
they were being passed over merely because they were Black, nobody thought
anything to say then let's have reverse equal opportunity.
Mayor Ferre: I did!
Mr. Dawkins: Now, all of a sudden, everybody up here, almost, has gotten
religion and where we have wronged you good White policemen, we are now going
to come up and say through reverse discrimination, we are going to make every-
thing equal. That's impossible. When you go to the race track, they take
the best horse and give him the most weight. When you go to the golf course,
they take the best player and they give him a handicap, so that he can com-
pete, and yet, now that you Establishment decided that you would compensate
for all of the injustices suffered by Black policemen, who started out as
"patrolmen" who did not even have the right to be called policemen, and then
they finally got that right, then they had to court in order to get promoted,
then you came up by saying that they were unqualified. Therefore, the Chief
even said there was no one on his staff qualified to be an assistant chief.
Out of all the people that he has got there, there is not one man, Black, or
minority, qualified to be assistant chief. Now, if that is a lie - the Miami
Herald reported it wrong. But, I have problems with it and I am going to
vote against it, and I am not voting against the Union, because I expect the
Union should fight for the membership, but I am voting against it because
if you have not found a way now, with the Consent Decree and all, to work
collectively together and bring about the motion, then you are not going to
do it. Now, when you come up with a promotion...before minority was a Black
male and he could he get promoted. Now, a minority is a Black male, Black
female, White female. If you get a Black female with a Latin surname, you
ld
98 MAY 121983
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got three! You got a Latin, a Black and a female.
would like to see everybody sit down collectively
and the other thing is that I am going to be sure,
Commission and get three votes to insure that not
in the City of Miami who does not live in the City
many people you will have to promote out of line.
So, really and truly, I
and work this thing out,
if I can sit here on this
another policeman be hired
and that we can see how
Mr. Plummer: Any further discussion? Commissioner Perez?
Mr. Perez: Mr. Mayor, I understand the intentions and the principles of your
motion and your concern, ',)ut I think that it would be better to have more in-
formation, more specific information about the result of the Affirmative
Action plan. I would like to have that report and I would like to
request that the City Manager and the Chief of Police, after we have all these
reports, I would like that we would be more qualified to vote in this
issue, for that reason I propose that this motion be tabled.
Mayor Ferre: All right, I will tell you what. A motion to table goes with-
out a second and it goes without discussion
Mr. Plummer: Correct.
Mayor Ferre: I will withdraw, if the maker of the motion to table ... I will
withdraw my motion and instruct the Administration to put this on for a speci-
fic vote after a report - if not at the next meeting,.�the meeting subsequent
to that whenever this is worked out.
Mr. Carollo: Chief, before you go...
Mayor Ferre: And I want you to know that it is my opinion that this matter
is going to be determined.
Mr. Carollo: Chief, if I may, when do...
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Carollo: Hey, guys, you are violating the Sunshine Law, according to
Ms. Reno's letter. Mr. Dawkins, Mr. Mayor, and I, we are the only ones that
get in trouble! Look at these guys - boy, I will tell youl Justice, you
know, you talk about reverse discrimination. Chief, how long do you think
that it would take before you can come back with a report to the Commission,
based on some of the data that you already have on how quick we can construct
a firearms range at Virginia Rey; what location do you think would be best to
use there; and the approximate amount of dollars you think it would take to
go ahead and build it?
Chief Harms: I think we have just completed a draft report on that issue that
should be forthcoming very shortly, Commissioner.
Mr. Carollo: Well, Chief, let me say this. Regardless of haw much funds we
have to use to accomplish that and hopefully have a complete training center
as I have spoken to you about and spoken about publicly here, including the
horses, the canines, marine patrol - you have my firm commitment to spend
whatever reasonable amount of dollars we have to spend to acccomplish that.
I just want to be able to understand, or for your Administration to, and the
Commission to, to know that we want to work together at this and want to
proceed with.it as fast as we can.
Chief harm: Good. Thank you, Commissioner.
Mayor Ferre: All right, is there any other police matters? Are there any
other points to be brought out, Mr. Manager?
Mr. Gary: No, sir.
Mayor Ferre: All right, thank you.
99
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MAY 121933
6
42. ACCEPT IN PRINCIPLE A PLAN FOR PROPOSED COMMERCIAL DEVELOPMENT
OF INNER CITY AS SUBMITTED BY AL CARDENAS.
Mayor Ferre: All right, Mr. Cardenas, is your client still here, or did he
leave five hours ago? All right, giickly - tell us your position, and let
your client get to the airport to catch the next plane.
Mr. Al Cardenas: Thank you, Mr. Mayor. I'm not here today as an attorney
for Mr. Holland. I am here with Mr. Holland as chairman of this Presidential
Commission on Small and Minority Business Affairs. And the purpose for our
being before the City of Miami is as follows: Sometime ago the Minority
Business Development Office of the Small Business Administration in Wash-
ington agreed that it wanted to do something with budget and bonds for inner
cities. As a result of that effort, the p;ebgram was proposed and discussed,
and the S.B.A. decided that it would select four or five pilot cities within
the United States within which to try to duplicate an effort which was success-
ful in the City of Detroit. Based on those efforts, the City of Miami was
selected amongst these four or five cities. The firm of Holland Consulting
Company, who ,I will introduce to you shortly, was selected because they them-
selves put the project together in Detroit and were selected and retained to
the same thing in these five cities. My purpose for being here is to let
you know that I have agreed with Mr. Holland to do everything I can and in
my position with the Administration to see to it that the appropriate funds
from whichever source in the Federal government is properly talked to and
that the efforts be successfully made to obtain these funds. We are not here
today, as far as I know to propose any particular site. That process is one
that should be done carefully. I am here today to present Mr. Holland - let
him tell you what he has in mind, and hopefully have a motion made by the
City Commission to approve the concept and request that the City Administration,
through Mr. Gary, met with Mr. Holland and come up with a package to present
to you for your approval. Mr. Holland.
Mayor Ferre: Mr. Holland.
Mr. Holland: Thank you, Mr. Mayor and Commissioners. I will make it brief in
the interest of your time. You were good enough to take me out of order. Our
project in Detroit was simply to take a community group at the riot site of
1967 that had been trying to develop a shopping center in their area to re-
place all the stores that were burned down and to get them into a position
where they could then have retailers in their area. They had been trying
since 1967. They simply couldn't do it. My firm's own background is, we
do projects. We are sort of direct line - bottom line. We don't like to
talk about them; we like to do them. We therefore went to the City of Detroit
and said "If you want it done, we will do it". They signed a contract for us
to do it, and that is exactly what we did. The concept we used in Detroit,
and I believe you have a presentation we gave you, (if not, Mr. Gary has an
extra one here) is simply to find a community group in the area, find out
where they are in their development process; find out as paid professional
developers where they need to go to get the center up and simply, take them
from where they are, to where they need to go.
Mayor Ferrel Wait, wait a minute. Mr. Holland gives it to the Manager, the
Manager gives it Miami, Miami gives it Carol Anne, and you sit dowal (LAUGHTER)
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Holland:. The next time I will take a direct line! But, basically, what
we are saying is, that we want the project, just as the project in Detroit,
to be owned by the citizens in the neighborhood, where we develop it. The
project will be a neighborhood shopping center, anchored by a triple "A"
credit rating supermarket. Adjacent to it will be a triple "A" credit rating
promotional drugstore. Adjacent to them will be a half dozen or more minority
controlled business owned by successful business people. It will be a $5,000,000
project; it will have seventy thousand square feet of leased area on five acres.
As in the Detroit project, three weeks ago, they received the first dividend
Id 100 MAY 121983
as owners of the project - three hundred people in the mot area of Detroit
received their first dividend. The project is not just a year old. Secondly,
the supermarket anchor is part of an eighty-six store chain. The store in
our center is the third largest in that chain in terms of sales. Next, I
should tell you that all of the merchants are making profits over and above
what the ever had made, so the project is successful. We ask that this
Commission in its wisdom evaluate what we are bringing; hopefully give us a
resolution supportive of our project. Our next step will be to go to the
neighborhood we select and get the community group to do the same and our next
step from that point on will be to develop the project and bring it back to
you completely successful like Detroit.
Mayor Ferre: Mr. Manager, what does the Administration...I see a memo here
from you.
Mr. Gary: Mr. Mayor, this is just information. We don't need a motion to
sit down and meet with them. We have met with them already and we concur
with this, particularly in view of the fact that the assistance that they did
in Detroit and the assistance that they wiA be doing for the City in terms
of a local C.B.O. will be paid for by S.B.A. It doesn't involve any expense
on the part of the City.
Mayor Ferre: So you move in principle?
Mr. Gary: Yes, sir.
Mayor Ferre: Is there a motion?
Mr. Plummer: I will move in principle.
Mayor Ferre: Second?
Mr. Perez: Yes, I...before I move it, let me ask ... I read the other day, on
information - I seen it in the Herald news about location - that you have
already chose N. W. 36th Street and 4th Avenue?
Mr. Cardenas: Mr. Perez, at this time, to my knowledge, at least neither
Mr. Holland nor myself has submitted a proposed location to the City of Miami.
My only commitment to the Federal government is these monies be used to re-
vitalize the inner city. Where specifically it is going to be put in - hope-
fully it will be done with the approval of your Commission, based on the work
that Mr. Holland does with Mr. Reid and whomever else Mr. Gary designates
to work on, but I don't believe we are anywhere near yet the selection of a
final site to propose to the City.
Mayor Ferre: Further questions?
Mr. Perez: The information that they reported was that the Holland Company
had already chosen the location at N. W. 36th Street and 4th Avenue.
Mr. Cardenas: Well, I think that might have been based on information that
we favored locations within specific areas, for example, Allpattah is an
ideal area. There could be others, but...
Mayor Ferre: Because of its strong ethnic...
Mr. Cardenas: Exactly.
Mayor Ferre: All right, any further questions. We have a motion and a second.
Call the roll.
101 MAY 121983
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The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION NO. 83-384
A MOTION TO ACCEPT IN PRINCIPLE A PLAN FOR PROPOSED COMMERCIAL
DEVELOPMENT IN THE INNER CITY AS OUTLINED IN A PROPOSED PLAN
SUBMITTED BY MR. AL CARDENAS THIS DATE.
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
43. DEFERRAL OF CONSIDERATION OF AGREEMENT FOR MANAGING UNDERWRITING
FOR THE AFFORDABLE RENTAL HOUSING DEVELOPMEI�T PROGRAM PENDING
DEVELOPMENT OF FURTHER INFORMATION. r
Mayor Ferre: All right, Senator Myers, you have been here since this
morning and I apologize.
Senator Kenneth Myers: Mayor and members of the Commission, we are here on
Item Number 47 a proposal to select an Underwriter for the Affordable Rental
Housing Program. My name is Kenneth Myers. I am an attorney for Citibank
and William R. Hough and Company, who are proposing to be the co -managing
underwriters for the project. Mayor and members of the Commission, let me
explain why we are here. The Selection Committee of the Commission met and
went through the selection process, and please understand —and I speak to the
Selection Committee, your staff - your excellent staff, and you, as well, that
we, by no means intend to be critical of the Selection Committee in anything
we say. They did an excellent job. They were extremely courteous at CityBank
and to Hough and to everyone else in the process and we find no fault with
their procedure. The reason why we are here is because there is some no infor-
mation that we feel this Commission is entitled to because we feel that it will
have a very strong direct bearing on your decision. We are sure that the
Commission wants to do the best thing for the City and the project and to pro-
vide a program that is going to be most economical and the best program for
the City.
Mayor Ferre: All right, air...
Senator. Myers: Now, let me tell you, Mayor, just for a minute the piece of
new information that the Selection Committee did not have.
Mayor Ferre: I am going to let you do that, but I think, appropriately, I
said I would listen to you, but on Item 47 it is the recommendation of the
Manager to enter agreement with Shearson American Express and Manufacturer
Handover Trust Company to serve as managing underwriters for the Affordable
Rental Housing Development Program the Manager recommends. I think he needs to
make his statement and then I don't mind letting you make your statement fur-
ther into the record about new information and then we have the Shearson Amer-
ican Express people here who I am sure want to say something about it and then
we will see where we go. All right, so we will start, Mr. Manager, with you
and your statement on Item 47.
Mr. Gary: My statement is simple, Mr. Mayor; that is, we went through a
screening process. We short listed the applicants. We went through a process
of interviews. We went through a second process and we ranked them and we
recommended Shearson American Express and I have a staff member here, if you
request to ask questions, he would be happy to...
102 MAY 121983
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Sen. Myers: All right now, Mayor and members of the Commission., there were
six or seven applicants. The rankings were Shearson; Number two, Citibank,
and Number three, Hough. The Citibank and Hough made the cut and were in
the top three. The piece of information that the selection committee did
not have in front of them when then made their final selection was simply
that Citibank and Hough would agree to serve as co -managing underwriters.
It appeared that one of the important things that the selection committee
was concerned about because of the size of the project, was that there be
co -managing underwriters, and through some very unfortunate miscommunications,
and misunderstanding, which Citibank will take the brunt of, because of an
unfortunate means of communication when questions were asked regarding
whether or not Citibank and Hough would be interested in a co -managing
underwriters situation, Citibank and Hough, separately, when they were inter-
viewed, simply did not indicate that preference. They said that there was
a preference otherwise. They never said that they would not definitely
be interested, but would not definitely do it, but in any event, we under-
stand that the Selection Committee was very much impressed with Citibank
and with Hough and that it is not highly unlikely, although I cannot speak
for the Selection Committee, that there decision may have been different
had they felt that Citibank and Hough woul& be willing to be co -managing
underwriters. There has been twenty-one multi -family housing deals in
Florida done. Nineteen of them, Hough was involved in, and fourteen of
them, they were the senior managing underwriters. Now, when you combine
their Florida experience which nobody brings to the table, other than Hough
with the innovative programs that Citibank has, you have an unbelievable
team that can save $6,000,000 over the life of the financing to renters in
your housing project over and above any of'the other applications because
of the innovative way that this is put together. Because of that, and we
think that you would like to hear and have the opportunity to hear what
we believe would be the best and most efficient program. We would like to
have the opportunity to present it and then make your decision.
Mayor Ferre: Ken, as I said, I would agree to let you speak provided you
do so quickly, but I mean, you know - get to the point and make your state-
ment and let's go.
Sen. Myers: I would like to respectfully ask for no more than seven minutes
that Mr. Mel Mister, who is vice-president...
Mayor Ferre: Make it five minutes.
Sen. Myers: Five minutes ... Mr. Mel Mister, who is vice-president of Citibank.
Mayor Ferre: Go ahead. All right, let's go!
Sen. Myers: And the redpresentive from Hough, Maryanne, to make that
presentation.
Mayor Ferre: You have got five minutes. Put the clock on.
Mr. Mel Mister: Thank you for this opportunity to speak to you today. I
think that the Senator has already made some of our major points. Let me
just say that Citibank has done a deal which we think has some implications
for Miami. Nobody else has done it. We have got a lower interest rate that
has ever been done before on multi -family rental housing, and it had the
kind of saving that the Senator mentioned. It has been done. We can do
it again, but we don't really have to repeat that same deal. The savings
are $500,000-a year, which could mean a monthly rental saving of $40 per
month for every person who would be in one of the thousand units in your
affordable housing program. This arrangement has been so attractive that
we have had people trying to steal our documents from us. They came in
aeur eptitiously, trying to get our documents from us. It has been a terrific
a Now, other people can do this. Nobody has this patented, of course.
But we have done it, we can do it again. We can do it much faster and much
more quickly than anybody else. In the remaining time that I have got, I
would like to have Mary Ann Edmond from Hough speak to you, because what we
think we have is a duo, a team, which combines the financial
A
103 MAY 121983
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i
strength of Citibank with this experience that Hough has in the Miami area. In
Addition Citibank is committed to this community. We have over two hundred
employees here. We occupy major office buildings. We do hundreds of millions
of dollars worth of investment in this community. So, we think we have got the
strength and the staying power to do the job here in Miami. Also, we are not
just limiting ourselves to a one deal operation. Citibank is truly committed
to the City of Miami.
Ms. Mary Ann Edmond: My name is Mary Ann Edmond, I am the Vice -President with
William R. Hough and Company which is a Florida based municipal bond firm. As
Senator Meyer indicated, there have been twentv-one conventional multi -family
financing deals done by local governments in Florida. William R. Hough and
Company served as senior manager on fourteen of those financings and as co -manager
on five others. We are the only people with that kind of experience working with
lenders in this market working with developers in this market. If for some reason
Citibank's plan doesn't seem to be the appr6ach that would best work with the
developers in the City of Miami's program, we are then prepared to negotiate with
the developers and the lenders. We have the experience,'we know the people in
the area and we feel that with Citibank we can bring together a program that
will best serve the community. William R. Hough and Company has been a very
active participant in the Miami area. The City of Miami has sold four issues
to competitive bid since 1980, William R. Hough and Company has bought three of
those issues. We were a co -manager in the issue that 'was purchased today. We
have a commitment to the area, we have a commitment to the State and we have the
experience in multi -family housing in Florida. With Citibank, we think that we
make a great team for the City of Miami's affordable rental housing program.
Thank you for the opportunity to talk with you today.
Mr. Gary: Mr. Mayor?
Mayor Ferret Yes, sir.
Mr. Gary: If I may, you know this all sounds nice...
Mayor Ferret Mr. Manager, I understand the law. Senator Meyer asked me the
courtesy of permitting Citibank and Hough to speak, that's been done and now
we will proceed.
Mr. Gary: I was not getting ready to talk about the law.
Mayor Ferret Go ahead.
Mr. Gary: I yield to you.
Mayor Ferret Huh?
Mr. Gary: I'm through.
Mayor Ferret Let me... I thought you were going to tell us that we can't vote
for them and I know that.
Mr. Gary: No, I wasn't going to say that.
Mayor Ferrer Go ahead, go ahead, Howard, I'm sorry.
Mr. Gary: Basically, Mr. Mayor, what they have here is we have two good firms
and that's no doubt. The only problem now is that what's being proffered is
something after the fact. We have gone through a process and it's pretty much
similar to a situation where if somebody makes a bid is going to charge you
ten dollars per hour and the other person is going to charge you fifteen. The
one who wins for ten, they will come back and say well we will do ten too. I
think both firms are good. The one that came out on top was Shearson American
Express, Mr. Mayor and we stand by that recommendation, sir.
Mayor Ferret Fine. Look, the only thing that he said that in anyway means
anything and none of this stuff about Hough doing four or twenty or fifty or
a hundred or being a local firm or all that stuff, that doesn't mean a thing
to me. The only thing he said in ten minutes of talking was that it's six
million dollars cheaper. That's the only thing that he said that got my attention.
104 91 MAY 1219$3
4
Now, I think we owe Mr. Bob Paul a courtesy of a response. Mr. Bob Paul.
Mr. Bob Paul: Thank you, Mr. Mayor. I'm going to turn this over _to my expert_,
Mr. Richard Montalban of Shearson American Express will go into. -the dgtails and +
the figures you asked about.
Mr. Richard Montalban: Fine, we haven't seen the grounds. I'm Richard Montalban.
I'm First Vice -President with Shearson American Express. We are based here in
Miami. You have a financial advisor that participated in reviewing the
proposals that were submitted asking the questions with your staff. We are
asked to present our format, our program. Now, after the fact we were selected,
our competitors now have reviewed our proposal and our pricing and have made
certain suggestions. But the fact remains is that you have a financial
advisor who will be reviewing the cost elements. It should be pointed out
that we are serving, Shearson American Express and I as an individual managing
the Dade County Housing Finance Authority Multi -Family. We know the lenders.
We know Dade County. We know the developers. As far as the structure we
have proposed some alternative structures which will be=a function of the
participating developers at the various sites. I think it's unfair to make
a decision when we have not even seen the >asis by which someone projects
a cost savings. We have done in the past two years over two billion dollars
in housing. Last year we did over seven billion dollars nationally as a firm.
I think you had a very restrictive and comprehensive review process for
proposals. You had a very broad staff review process with your financial
advisors to review ours. The fact of the matter is that after the review
process the iecond and third firms join together and.fiow are providing you
a third alternative as they have indicated probably any other firm can also
put together.
Mayor Ferre: Go ahead, Bob.
Mr. Paul: Yes, let me simply say that the... my market is changing, it
changes everyday. The City has an excellent bond rating. There will be
no additional expense to the City. Shearson American Express is working with
the administration to propose a plan that will be acceptable, which will be
at the greatest cost savings. Now, the process has been gone through by the
City, it's been looked at by experts and it's now simply a case of someone
who lost coming in and saying we want another bite at the apple and I just
think that we have to stick with the fact that we have confidence in the
process. Shearson American Express and Manufacturers Hanover Trust Co.,
certainly are not people who are unsophisticated in this kind of financing
and so I think that Citibank just didn't make the cut and that we should
go forward with the recommendation of the administration.
Mr. Gary: Mr. Mayor, it's obvious that the administration with the work of
the underwriters is going to save the City ten million if we can. They can
do the same thing that this firm can do and what we are saying is that the
bottom line is when we come up with the proposal for financing this Commissioner
Plummer, it's going to save six million or as much as we can save utilizing
their system or any other system that exist.
Mayor Ferre: Yes, sir? Now, let's wind it up. You want to make a last
statement?
Mr. Ken Meyers: Mr. Mayor and members of the Commission, on the question of
your right to vote for any of the underwriting teams... the law obviously
is that the City--- and it was in the request for proposals--- that the City
of Miami reserves the right to reject all proposals or to do whatever you
want. So, nothing is over until the City Commission makes a determination
regardless of what the selection is. Ok, now, all we are asking, which I
think you have -given us and of course, be it only five minutes, is the right
to be heard. The information that the selection committee did not have
was that this was going to be a management team. We believed that from the
feedback or the feelings we get from the selection committee is that had
they been a management team that they could have been selected. There was
a miscommunication about it. They didn't absolutely turn it down. So, we
are not coming back and saying sour grapes now, ok, we will be a management
team, what they ate saying is we didn't understand that, but if the City wants
us that way we will be glad to be a management team and make a'marriage,
which they did. All we are asking you to do is perhaps if you don't want
to make a decision now is think about it for thirty days. The sites haven't
even been selected. The developers haven't been selected, you are beginning
that process and may be if you did... postponed it for thirty days until May 30th.
105 MAY 12 19803
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Well, not thirty days, twenty is fifteen days, perhaps to get some further
information to the selection committee. If the selection committee comes in
again and says we are not going to change our mind with this additional
information before us, then it would be up to the Commission. All we wanted
was a shot, we want the right to be heard because we do think with the innovative
program Citibank has that none of the others presented with the collateralized
lender, the guarantee of these bonds at the end of six years. The buy back
of by Citibank, a guaranteed buy back that makes the interest rate cheaper,
we think that the City when they see the facts has an offer they can't refuse.
Mr. Carollo: Well, I think that Mr. Meyers has given some good advice that
I was leaning towards. I think this is too important to rush into making a
swift decision without seeing all the facts and I for one would like to take
more time than I have had to review all the information that both these firms
have and any additional ones that they might so provide. So, I make it a
motion to defer this item until the next available meeting where we have
enough time to dedicate to this. In fact, instead of .the 31st, I would like
to hold it off until the next meeting in June, the 9th. Will that construe
too much problems to the administration?
Mr. Gary: Well, this body just today approved a resolution introduced by the
Mayor putting us on time frames which requires the decision be made today
on the underwriters.
Mayor Ferre:' Well,... no, wait a moment, because we hay have a moot point
or not depending as to whether or not there is a second on this. Now, is
there a second on the question?
Mr. Plummer: Mayor, I will second the motion. I said before I think this...
Mayor Ferre: Alright, I'm sorry, sir I didn't hear you. I heard you now.
We have a motion on the floor. Now, we have a gentleman here, Mr. Montalban
who wants to say something.
Mr. Plummer: Well, I would like to say something.
Mayor Ferre: You have the right. The Chair recognizes you.
Mr. Plummer: Mr. Mayor, I would want in
folks, you folks that have the right to
am no financial expert, ok.
Mayor Ferre: Ok, J. L., I...
that motion that all parties, you
go back to that same committee, I
Mr. Plummer: They are talking about innovative ways of saving six million
dollars. I want to know about it. They have the same opportunity.
Mayor Ferre: Alright, Mr. Manager, just so we understand where we are going
on this, there are only two out of the six bidders that had a triple "A"
rating, ok. I want to make it abundantly clear that we are not reopening
this to all six. We are talking about the two as far as discussion goes
with the Manager, is that correct? I'm sorry, not the Manager. No, it's
not three, because...
Mr. Plummer: It's the three that are now two.
Mayor Ferre: Fine, they got together and that's one, ok. And these people
with the recommended... and they are the recommended, ok. As far as I'm
concerned there are only two firms that have triple "A", Shearson American
Express, Citibank. I mean, Citicorp. So, as far as I'm concerned there are
two firms that have a triple "A" rating. Now, what is being done here is
a motion is being made and I just want to make sure that we don't start
opening this whole thing up and getting ourselves into a mess, that the...
and Mr. Manager, the motion really is to you, because the committee serves
in your will, not of the City of Miami Commission's will. So, yoL decide
whether you want the committee to deal with it or you are going to deal with
it yourself, that's up to you.
Mr. Gary: Mr. Mayor, I think we have a legal problem here.
Mayor Ferre: What's the legal problem?
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MAY 121983
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Mr. Garcia -Pedrosa: I don't think that's the mechanism Mr. Mayor that the
Code prescribes.
Mayor Ferre: You mean under the new Charter rules?
Mr. Garcia -Pedrosa: Under 18-522 the Competitive Negotiations portion of
the Code.
Mayor Ferre: Is that the one that we voted on...
Mr. Garcia -Pedrosa: No, sir, that was preexistent.
Mr. Plummer: All we are doing is continuing to develop further information.
Is that not correct?
Mayor Ferre: Tell us what our legal procedure is here.
Mr. Garcia -Pedrosa: Ok, you can do one of two things,•you can either accept
the Manager's recommendation or tell him no go back and. make new recommendations,
but I don't think you can tell him who he fan intervitF or reinterview or...
Mayor Ferre: Mr. City Attorney, there is no way in Gods world that you are
going to convince me that this Commission in its majority cannot request the
City Manager to provide more information in review matters. I don't care
what you or the Charter says, don't come telling me that this Commission
cannot continue this item until we get further information from the Manager.
Now, he can interpret that anyway he wants.
Mr. Plummer: Well, let me just express for one, ok.' Mr. Manager, I would
ask of you that this go back to the committee, the people who will be able
to listen to this group and this group and understand is there a tremendous
savings possibly. That committee can come back and make recommendations to
this Commission that what has been proffered is not true or that this company
can do the same thing. That's all I'm asking. Now, you don't want to send
it to the committee, I know how to deal with that too.
Mayor Ferre: Further discussion? Go ahead, Bob.
Mr. Paul: I think it's pretty clear that there are two gentlemen on the
Commission that want more information. I'm getting that message. I would
hope it be otherwise, but we certainly can compete and we can continue
competing.
Mayor Ferre: Further discussion, further statements anybody else. Ready
to vote? Mr. Montalban?
Mr. Montalban: Yes, sir, we understand and we would be delighted. What
we only request is we understand the other firm has received our proposal
everything that Mr. Meyers has stated was clearly delineated in our proposal.
So, we don't mind meeting with the group. We have not requested copies of
any other proposals. There should be procedures established by your
administration. Thank you.
Mayor Ferre: The Manager is a very good Manager and he will decide it
that way. Further discussion, call the roll on a continuance.
The following motion was introduced by Commissioner Carollo, who moved its
adoption: -
MOTION NO. 83 -385
A MOTION DEFERRING CONSIDERATION OF THE EXECUTION OF AN
AGREEMENT WITH SHEARSON/AMERICAN EXPRESS, INC. AND
MANUFACTURERS HANOVER TRUST COMPANY AS UNDERWRITERS FOR
THE AFFORDABLE RENTAL HOUSING DEVELOPMENT PROGRAM AND
FURTHER DIRECTING THE CITY MANAGER TO MEET WITH THE
TWO FIRMS THAT HAVE A AAA RATING FOR THE PURPOSE OF
DEVELOPING FURTHER INFORMATION ON THIS SUBJECT AND
DIRECTING THAT A FUTURE REPORT BE MADE TO THE CITY COMMISSION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
107 � MAY 12 983
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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.
44. DISCUSSION ITEMS: (A) OFFER OF BUILDING OF TENNIS COURTS AND CLUB
HOUSE ON CITY OWNED PROPERTY ADJACENT TO GRAND BAY HOTEL; (B) OFFER
OF NEW FOUNTAIN AND ENTRANCE TO CITY HALL, 3500 PAN AMERICAN DRIVE.
Mayor Ferre: Are there any other emergencies before we:get to the 5 O'clock
hearing with on the record...
i
Mr. Plummer: Yes, I got a couple. Mr. Mayor, I would like to bring up two
items if I may, because as I told you before I would stay to this meeting
until the swelling makes my ankles disappear and then I'm going to. The
two items I would like to bring up Mr. Mayor, one, I wish I had been here
this morning as I listened at home when ^avid Kennedy,made his presentation
about the naming of a tennis court.
Mayor Ferre: Oh, yes, tennis courts.
Mr. Plummer: Tennis courts. Mr. Mayor, I am in receipt from the Continental
Companies, the company across the street with are building the Grand Bay.
They are proferring to this City something that I think this City needs to
explore. That out here on public property directly in front, ok, they will
at their cost erect six tennis courts and the club house open to the general
public. They will pay for it. They will build it. They will maintain it
and they will staff it.
Mayor Ferre: They run it.
Mr. Plummer: That's it. My concern and question to them was, was it available
to the general public? Their answer was unequivocally, yes. I am asking the
administration...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Plummer: All I'm saying is the administration I think we have a plan
that needs to be looked at, may be you need to talk with these people and
come back to this Commission, hopefully, by the 9th of June and make a
recommendation on it at that time. I...
Mr. Dawkins: And when you come back Mr. Gary, make sure that... How many
courts is it?
Mr. Plummer: On this lay out Miller it's six.
Mr. Dawkins: Six? Six?
Mr. Plummer: Yes.
Mr. Dawkins: Make sure that three of them are available to the public
twenty-four hours a day so that the residents in the hotel will not be able
to reserve them and you will not be able to get to them because they are
reserved.
Mr. Plummer: I have no problem with that. Mr. Mayor, I would also, like
the administration at the same time to come back, Mr. Wisner, who is the
proposer of this has proposed to the City that he wants to build at the
cost of the developers along Bayshore Li front of City Hall a fountain
and a very nice entrance to this City. They were supposed to be working
with restaurant J. P's to come up with something that the City could be
proud of. I would ask that a report &4tfinitely be made on June the 9th.
MAY 121983
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Mr. Plummer: Mr. Mayor, the final item that I would like to bring up...
Mayor Ferre: Wait a minute, do you need a motion to that effect?
Mr. Plummer: I don't think we need a motion. I'm just asking the administration
to come back with a recommendation.
Mayor Ferre: Is the fountain to clean up after you play tennis?
Mr. Plummer: Who?
Mayor Ferre: The fountain, is that to clean up after you play tennis?
Mr. Plummer: Well, that might be the case. I don't know.
45. DISCUSSION OF POSSIBLE PURCHASE OF BARRICADES USED IN THE GRAND
PRIX RACE.
Mayor Ferre: Go ahead, Plummer.
Mr. Plummer: Mr. Mayor, as you will recall, you the Commission appointed
myself as the liaison between the grand prix and the City Commission. Mr.
Mayor, I think that all of us were quite proud under the most trying of
circumstances that we had an event and I have here before me by the way all
of the press clippings that went all the way around the world of the grand
prix race that took place. I think that we have to remember that, that race
was watch by two hundred twenty-eight million people and even myself in
watching the reruns of that race have to say that the people that ran that
television net work were unbelievably nice to the City of Miami in their
compliments, talking about the cooperation of the City and I think that it
is something that in the coming years is going to be just a super fantastic
event for this community. Mr. Mayor, now comes the problem of keeping the
promoter afloat, tried to sink him, but we had to keep him afloat. Mr. Mayor,
we have been proffered by their legal counsel something that I would ask this
Commission and the Manager to look into. I think it is reasonable, it may be
needs to be cleaned up, in which we would buy, the City, the barricades from
the promoter for a period of four years, which would be the option of the
first of his three options, he would pay the City back over a four year
period. There are provisions in here in which he would pay this City interest
as if it were a loan. There are provisions in here that he would in fact
have to pay this money back to the City if in fact he were to sublease or
sell his rights as a promoter. There are provisions in here in which he
would have to pay back to the City the money that has been expended by the
City prior to receiving the money. Mr. Manager, I am told by the Legal
Department that I should turn this over to you and let them process it and
hopefully this Commission can take action on this item on the 3Oth of May.
Mr. City Attorney, am I in the ball park in procedure?
Mr. Garcia -Pedrosa: You certainly are Commissioner.
Mr. Plummer: Alright, Mr. Mayor, I would make at this time a motion instructing
the City Attorney and the City Manager to proceed in examination of this
document and come back to this Commission on the 3Oth of May with a recommendation
that hopefully, this Commission can in fact vote on. Excuse me?
(BACKGROUND COMMENT INAUDIBLE)
Mr. Plummer: 31st, I'm sorry. I make that in the form of a motion.
Mayor Ferre: We have a motion.
Mr. Dawkins: I don't see why I should second it because I wasn't one of
the pace car riders. But if ... J. L-, if you will let me ride in the pace
car with you next year I will second it,
109'
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MAY I Z 1983
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Mr. Plummer: Miller Dawkins, let me tell
car and if you ever rode in the truck of
pouring in, if that's the conditions next
going to be the rider and not me.
Mr. Dawkins: I second.
you something, I rode in a pace
a Mazda upside down with the rain
year you bet your bippy you are
Mayor Ferre: Further discussion, call the roll.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 83-386
A MOTION INSTRUCTING THE CITY ATTORNEY AND THE CITY MANAGER
TO PROCEED TO EXAMINE A DOCUMENT PROFERRED BY THE LEGAL
COUNSEL REPRESENTING THE PROMOTOR OF THE MIAMI GRAND PRIX
EVENT CONCERNING POSSIBLE CITY PURCHASE:OF BARRICADES PROVIDING
FOR PAYBACK PLUS INTEREST AND DIRECTING THE CITY MANAGER AND
THE CITY ATTORNEY TO PREPARE A RECOMMENDATION FOR THE MAY 31, 1983
CITY COMMISSION MEETING.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
NOTE FOR THE RECORD: Agenda item "K" was deferred.
46. DISCUSSION ITEM CONCERNING -REQUEST FOR FUNDING FOR JEWISH HOME FOR
THE AGED FOR TWO PROGRAMS.
Mayor Ferre: Karen Brown of the Jewish Home for the aged concerning crimes
against the elderly program, five minutes.
Ms. Karen Brown: Thank you, very much, Mayor and Commission, I promise to
be brief. I appreciate the opportunity to talk to you all about the passport
for health and safety and with me just for any questions I have Ella Gross
who is the project director and one of our participants who will also be able
to share a few words with you. Passport to health and safety is especially
designed crime prevention and substance abuse program for elderly residents
living within the high crime areas within the City of Miami. Because we
believe strongly in the project, we received funding last year from the
AAA. We received funding for a period of six months from title three,
being non -recurring funds. During the initial six months of the project
we were able to serve over a thousand elderly people. This was more than
doubled what our initial projections were. What we taught these people
were issues of self protection, use of medications, community resources,
etc. We worked very well and closely with the Police Department as well as
all of the other community grqups. Our own passport for health and safety
which members of the Commission and Mayor, you received a packet from me
yesterday, was developed in English and Spanish and for those communities
where most of the participants spoke Spanish the presentations were made
entirely in it. We believe the project was extremely successful for a number
110 MAY 12 W3
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of reasons. I believe we have gotten positive recommendations from both the
Police Department, from the City of Miami as well as the Department of Parks and
Recreation. We also have a number of letters of support that you also received,
as well as during the five months... during about five months we had over
twenty-six requests from different agencies for service. It was at this time
that we looked for alternate funding sources. Quite honestly we looked all
throughout the State and the Federal Government. We then went to Commissioner
Dawkins and asked whether this would be appropriate or something that the
City would believe in funding. He came out to the site and shared with us
and said that we should do a number of things. First, request officially
from Mr. Gary which we have done and you have all received, to be officially
placed on the agenda in order to receive funding. Second, to ask the Board
of Directors of Douglas Gardens if they would share in.the commitment with
the City of Miami. I'm pleased to report that the Board of Directors has
done two things. First, they have extended the project for five months on
their own accord without funding from the City. They have also extended
and they have also made a commitment that if the City.would fund the project
for one year in order to provide continuation, they would continue providing
funding for the project for a second year., Essentially what I'm asking is
twenty-five thousand dollars to fund passport to health and safety for one
year. The program would serve anywhere between fifteen -to two thousand
elderly people specifically.living in low income, minority areas within the
City of Miami. The project to begin on or around July 1st of this year.
We have everything in place from the initial start up,grant, our brochures
and all of our material, ninety percent of the money;is for service. Ok.
Mayor Ferre: Alright, your request specifically, again?
Ms. Brown: My request is for twenty-five thousand dollars to fund passport
for health and safety for a period of one year with the commitment that
the Jewish Home will fund the program for the following year.
■ Mayor Ferre: Mr. Manager.
Mr. Gary: Mr. Mayor, the recommendation of
request be denied. I think in terms of our
the Aged from our federal revenue sharing,
and this is not...
the administration is that this
support for the Jewish Home for
our CD grant is more than adequate
Mayor Ferre: How much are we funding it, Jewish Home for the aged?
Ms. Brown: A hundred eight thousand dollars at the budget of almost two
hundred thousand dollars, which is a separate program.
Mayor Ferre: Is there anybody else receiving more than a hundred eight
thousand dollars in the City of Miami?
Mr. Gary: Proportionately in terms of need, Mr. Mayor, no.
Mayor Ferre: Is there any one operation getting more than that?
Mr. Gary: Not to my knowledge.
Mayor Ferre: I didn't think so either.'
Ms. Brown: This project is apart and separate from that particular one.
Mr. Gary: I understand.
Ms. Brown: And it's... twenty-five thousand dollars would serve over two
thousand elderly people within the community. I do have a representative
who has received the training and you know, I just think that the fear
and living in crime, living within a city like the City of Miami, unfortunately,
so many of our elders...
Mr. Gary: Mr. Mayor, I would like to remind the Commission that at the
last meeting we had with regard to the social service agencies this Commission
went on record in terms of setting its priorities in terms of feeding the
hungry and as a result over allocated the amount of CD monies from which
you took out of general fund monies to give additional monies for the
elderly in terms of their feeding programs. I understand the need for this
91 Ill MAY 121983
program, but in terms of the priority, Mr. Mayor, I don't consider it top
priority in terms of the other things the City has to do.
Mr. Plummer: Maurice, I think in the interest of fairness, they are the
largest recipient of grants at this particular time. My thoughts are very
clear, feed the hungry, treat the sick and anything left over, which there
isn't, we will talk about it. The what?
Mayor Ferre: Those sugar growers. Alright, I will tell you what, what I
would like to do is I would like to go out there and visit the program and
talk to you and I will bring it back up before... Let me go... and Mr. Manager,
would you assign somebody from staff to accompany me and go see the program.
Mr. Gary: Yes, sir.
Mayor Ferre: And in other words,... my commitment to you is let me go look
at it and we will talk again, ok.
Ms. Brown: We would love that. Ok, I wilj call you the end of next week.
Mayor Ferre: Yes, fine, next week will be fine.
Ms. Brown: Ok, thank you, very much, Mayor.
Mayor Ferre:' And we can give it to the sugar growers -'and to Douglas's...
47. DISCUSSION ITEM: INSTRUCT CITY MANANGER TO AMEND PROPOSED
ORDINANCE CONCERNING MINIMUM LOT REQUIREMENTS FOR OFF-STREET
PARKING AND LOADING AND SPI ZONING DISTRICTS.
Mayor Ferre: Alright, now, that gets us now to the public hearing. Go
ahead.
Mr. Sergio Rodriguez: For the record my name is Sergio Rodrigues and I would
like to have your attention because there are some mistakes on the backup
material that you have received from...
Mayor Ferre: Are you on Item 110?
Mr. Rodriquez: 110 and 112. So, please look at the page...
Mayor Ferre: Are those the things that we advertised for public hearing at
5:00?
Mr. Rodriguez: Yes, sir, 5 O'clock.
Mayor Ferre: Are they the only two items?
Mr. Rodriguez: 110, 111 and 112.
Mayor Ferre: Ok, go ahead.
Mr. Rodriguez: In relation to the package that is marked with 112, please
look for the page that is marked on the left with J-83-310. Commissioner
Plummer, the package that is marked 112 look for the page that has J-83-310.
Mr. Plummer: Question while I'm looking. Are these substantial changes
Mr. City Attorney? I'm assumAg you have gone over the changes.
Mr. Garcia -Pedrosa: I'm not sure of what he is talking about.
41 112 MAY 121983
Mr. Plummer: He said there are changes in that which was originally handed to
us and I'm asking are these substantial changes.
Mr. Rodriguez: The problem is that the package have been collated wrong, but
information is all there in 110, 111 and 112.
Mr. Plummer: I'm still asking the City Attorney...
Mr. Garcia -Pedrosa: Mr. Vice -Mayor, I don't what changes he is going to
describe to you yet.
Mr. Plummer: Ok.
Mr. Gary: The answer he is saying is no change Mr. Plummer, he is just
reorganizing the sheets.
Mr. Plummer: Fine.
Mr. Rodriguez: DO you find the page that has J-83-310?
Mr. Plummer: I will get there.
Mr. Rodriguez: On package 112. Will you please pull that out of that
package from then on. Are you with me? Ok, now please put those pages
in the back of the package that is identified with 110. So, now 110 is a
bigger package than before, correct? Now, that I have you there please take
the package that is marked 110 and that will be now your 112. And your
package marked 112 is now 110. And now that I have ,your attention... Ok,
Item 110 for the record is an item that the Planning.'Department is the
applicant.
Mayor Ferre: Item 110 which used to be Item 1127
Mr. Rodriguez: The 110 that is marked on the agenda is correct. The package
was wrongly identified.
Mayor Ferre: I got you.
Mr. Rodriguez: Ok. Item 110, which is basically amending SPI-5 with Off -
Street Parking and loading and so on and floor area radio is a Planning
Department application and I would like to request that we continue this
item on May 31st. The reason for my request is as follows; On May 18th
we are going to go before the Planning Advisory Board with a considerable
number of changes on SPI-5 to change comprehensively and take care of sore
mistakes that were in the ordinance. I am expecting the the Planning
Advisory Board will come up with a recommendation before you on May 31st, and
at that time you can look at all the changes in SPI-5 at the same time.
Mayor Ferre: Is there anybody here who opposes that? Alright, I figured...
Mr. Robert H. Traurig: Mr. Mayor, for the record my name is Robert H. Traurig.
We have been waiting very patiently for a consideration by this Commission of
proposals that were made for the amendment to SPI-5. It would be, I think,
contrary to the understanding that had been reached regarding the processing
of those amendments to defer them again: I think that what Mr. Rodriguez
is suggesting is in the nature of a deferral. If he has some suggestions
regarding special changes in SPI-5 that should be considered at a later time
I would think that they could be considered as part of the package that he
says will be considered in an ongoing way during the next year.
Mayor Ferre: And I would have no objections to bringing it up as soon as
you come up with that package.
Mr. Rodriguez: Except that I think that may be you should look at the whole
thing comprehensively and that's why we were trying to get all the changes
in SPI-5 one time. So, if you take an action today you won't have to change
it again. It's up to you.
Mayor Ferre: I think the problem is that this is such a big thing and it
involves some many important things that I don't think we are ever going to
finish. I frankly, don't think we are going to finish for years. We are
going to be changing and you are going to be coming back and adjusting...
Mr. Rodriguez: I agree with you there.
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MAY 1 21983
Mayor Ferre: And I... you know, we are no where near finished on this thing
and I'm sure Janet is going to take it to court and then we will come back and
it will be back and forth and we are going to be changing this a hundred times.
You know, I'm sure this Commission will have this to do for years and years.
So, what's the will of this Commission, you have heard two sides here?
Mr. Dawkins: Janet is trying to say something.
Mayor Ferre: Alright, Janet, make your statement.
Ms. Janet Cooper: Janet Cooper, I would like to speak on tie deferral.
I think that when...
Mayor Ferre: You are for the deferral.
Ms. Janet Cooper: I am for the deferral. I support the department who has
been placed in the position of being the applicant. Applicants are routinely
granted deferrals when the applicant request it. In this instance you are
being...
Mayor Ferre: Not when it's family.
Ms. Cooper: Even when it's family and especially in an instance like this
where once again developers have refused to stand up and admit that they
are the ones,who came forward with the proposal. If the developers want
the privilege of making the decision as if they were...the applicant, I think
they ought to stand up and admit that they are the.applicant and in fact
be the applicant.
Mayor Ferre: Ok, anything else? As far as I am concerned I got no problem
with continuing on this, but I, of course,... I will do whatever you all
want to do. J. L.?
Mr. Plummer: Mr. Mayor, you have got the recommendation of the people who
are the applicants. I understand what Mr. Traurig and the others are saying,
but I guess what I'm really saying is that I don't agree with do it whether
it's right or wrong. I think we need to do it right and do it right the
first time.
Mayor Ferre: I think that's impossible. I think that you will be dealing
with this on and on and on and on and on ad infinitum and we may as well
just get on with starting the process, because it's not going to end tonight
and it's not going to end in thirty days and it's not going to end this
year. And I think you are going to be...by putting it off all we are doing
in my opinion is causing harm to an orderly process that we are already
half stream on. I mean, we are already halfway across the stream. This is
no time to start fidging around and back paddling and all that kind of stuff.
I think we just move along.
Mr. Plummer: Maurice, this is first reading, can they not make the amendments
between now and second reading?
Mayor Ferre: Absolutely. You know they can.
Mr. Rodriguez. No, because we have to follow notification procedure for the
other ones and that's why we have been delayed in having the items before
you. We have to notify all the property owners in SPI-5 and the adjacent
property owners within a radius of three hundred seventy-five feet.
Mayor Ferre: Jim, we have been delaying this thing now for six months, ok,
and I think that it's time for us to start the process and start the meter
ticking. Now, we got a -second reading and that can be delayed, that can
be deferred, let's get going on this thing one way or the other.
Mr. Reid% Mr. Mayor, normally I would agree with you, but the fact of the
matter is rather than having to put together additional amendments to SPI-5,
we already have them in place. We are ready to take them to the Planning
Advisory Board. So, what we are talking about really is the delay of one
meeting, number one. Number two,...
Mayor Ferre: You can cover that in the second hearing.
91 114 MAY 12 tQ%F%P#-IW
k'.
Mr. Reid: Number two, the second point is that this is not... what is being
taken up under 110 is not a simple, you know, correction and addition and
technical amendment of the ordinance. it represents a substantial change
in something the department has very strong views upon and I think it logically
makes sense to take the two of them together. Of course, we will do as the
Commission wishes.
Mayor Ferre: Hey, whatever the majority wants to do here is ok with me.
Mr. Traurig: Mr. Mayor, may I say two other things. First of all, we have
a lot of people who came in to testify. These are people, experts from
other places who have been working on various projects, within the SPI-5
district and like to have the opportunity to address you. Number two, if
you will recall proposals were made for modification of SPI-5. At that
time as I said just a few minutes ago, staff said well next year we are
going to be bringing a whole bunch of housekeeping things back. So, therefore,
when they rush in with #110 it's merely to try to have a hearing on items
that they themselves anticipated would be brought to you next year rather than
at the present time and I believe that the reason that;they have done that
is so that you could hear them and make a judgement on -some things that they
are proposing before you hear what we have to propose. And I think that that
does affect the orderly process.
Mayor Ferre: Ok, we have both sides of the arguement now and I'm not going
to fool around with this to get a full Commission. We got a quorum here and
we are constituted legally. So, you decide. What do you want to do? Plummer,
what do you want to do?
Mr. Plummer: Mayor, I think we can proceed with first reading.
Mayor Ferre: Alright, proceed.
Mr. Plummer: Let me just state for the record, I want to tell you the
industry in this town is panicked.
Mayor Ferre: I know they are and that's exactly why I don't want to hold
up.
Mr. Plummer: And those people have been calling me and delays everyday
are tremendously expensive to these people and I think that we can do whatever
we need to do by having first reading, let them make their amendments before
second reading.
Mayor Ferre: Plummer, stop trying to make apologies we all know you are
pro development. Let's go. Let's go, come on.
Mr. Rodriguez: Ok, sir, since Mr. Traurig was the one that asked us to
have the item on today's agenda I would appreciate if may be he would like
to make a presentation first.
Mr. Traurig: We are happy to. This was on the 5 o'clock agenda and I didn't
expect to get back in town until about 6:30 which I did. Fortunately it
didn't come up until 7:15. So, I'm here. However, Mr. Tony O'Donnell
from our office is here to make the principle presentation and I will fill
in the gaps if there are any gaps at a later time.
Mr. Dawkins: Is there any credibility to the statement made by Ms. Cooper,
that the department is doing your work by becoming the applicant?
Mr. Traurig: I don't think so Commissioner, but let me explain to you that
we appeared before this Commission at one time and the Mayor said let's not
consider what you are proposing, but through the Planning Department let's
submit that to the Planning Advisory Board for its consideration and advice
to you and it started in that fashion. We would like to say that we were
the initial proponents of the changes that we are going to be discussing
right now. We don't think that the Planning Department is doing our work,
but it was processed through the Planning Department to the P.A.B. to you.
Mr. Dawkins: Why are you doing it instead of him?
Mr. Rodriguez: Because you asked us to do so.
Mr. Dawkins: You, who?
91
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MAY 121983
Mr. Rodriguez: You, the Commission.
Mr. Dawkins: We asked you to do his work?
Mr. Rodriguez: Well, let me explain a little bit what I think he is saying.
What he is saying is that you, the Commission, directed us to go to the
Planning Advisory Board, bring the item before them and then bring it before
you, by doing so, they are not the applicant, they don't pay the fees and
so on.
Mayor Ferre: Yes, but let the record... and Janet, I don't think you were
here at that meeting. But let the record reflect that they came up with
some proposals and at that late public hearing the Commission said look,
you take it to the department and you submit it and you come back. So, that's
why it's technically under your name, but it's really their proposal. Fine,
ok. Anything else? Go ahead.
Mr. Tony O'Donnell: Mr. Mayor and members of the Commission, for the record
my name is Tony O'Donnell with law offices at 1401 Brickell Avenue. We are
speaking to this item tonight, there are peally three basic issues all related
to the SPI-5 district. One issue relates to off-street parking and loading.
We would like to make some revisions there that we think make sense in the
SPI-5 district. The second basic issue is a definition of floor area under
the ordinance for non-residential floor area, which is not in the ordinance
now -and we are going to make... support the provisions which will give a
definition to non-residential floor area which we believe is in keeping with
other commercial office districts in the Country. Arid finally, there is an
FAR proposal, a change in the floor area ratio proposal for one portion of
the SPI-5 district, that is specifically the Brickeli frontage area. Those
buildings and lots that face Brickell to allow the exact same floor that is
allowed for residential buildings and that is allowed for mixed commercial
and residential buildings to allow that very same floor area to be allowed
for totally commercial office buildings just along that Brickell corridor.
Mayor Ferre: Now, you are asking... those are four things.
Mr. O'Donnell: Well, the first two are interrelated, the off-street parking
and the off site proposal and then the loading. Essentially, you are correct,
Mayor, there are four, but they can be grouped. I have grouped them into
three. I would address at the outset the issue of the FAR change for the
Brickell frontage property. Basically, under the ordinance now all properties
within the SPI-5 district that are residential or that are mixed commercial
and residential can go to a 3.75 FAR. That's a building of a certain height,
of a certain mass, of a certain size that's already permitted for those
types of buildings throughout the SPI-5 district. We are proposing that,
that same FAR be allowed just for properties that front Brickell, which is
a primarily, right now, an office corridor down the middle of the SPI-5
district, that, that FAR be allowed as a permissible FAR without going
through the bonus process of providing residential units within that
particular building. Let me emphasize that this is not an increase in FAR
and not an increase in the size of the building, it's not an increase in the
height of the building. It is simply a change in the type of use within
a building within the SPI-5 district. I makes eminent sense. The Brickell
frontage property is primarily office now. it will be developed primarily
as office in the future and it should be. It is a primarily office corridor
between the very high density areas of the C-3 area north of the river and
the residential areas in the R-5A to the south. The second point is on this
FAR we are -not eliminating any open spaces. We are not eliminating any
plazas. We are not creating a sterile wall of buildings. We are still
providing the same type of amenities that would be provided under the
ordinance now.
Mayor Ferre: Let me understand this so I... because this is a very key
point. This is an area from 15th Road to the River, Jack?
Mr. Jack Luft: That's correct and Brickell frontage on both sides.
Mayor Ferre: From 15th Read to the River. Alright, now Jack, that's about
a mile and a half? Ok. If Dupont Plaza is a one hundred percent location
and it is in my opinion, and 4e are up on the Omni area, we have gone up
to an FAR of ---what was it?--- 7. Is that right?
gl 116 MAY 121983
Mr. Luft: More than that.
Mayor Ferre: What did we go to 10?
Mr. Luft: Up to 10� with residential.
Mayor Ferre: Well, 1 just... on the record so Janet can have a heart attack
now. I have absolutely no problems at all in my mind and thinking of Brickell
Avenue along that banking corridor of buildings in going to substantially
higher FAR in the same way as we did for the Omni area. I look upon this
absolutely as the same way. I think this is a business community. I think
it is a highrise business community. We should think of it that way. That's
the way I think of it. I'm frankly, amazed that they are not going for a
higher FAR and I just think that's just a moot point for one... I'm just
talking about one person on this Commission. 3.4 is nothing. I would double
that. I have no problem voting to double that.
Mr. O'Donnell: I'm going to summarize each issue. We are moving from...
Mayor Ferre: Well, you know, hey, I don't want to....look, you know, you
can accuse me about a lot of things, you know, and the Miami Herald is writing
a major story in the... starting on Sunday about zoning. So, I don't want to
pussy foot. I want to put it right on top of the table so we understand. I
have no problems in saying that the area on Brickell Avenue from the River to
15th is downtown Manhattan, ok, for this vote right here. And I mean, that
I look upon it as Hugh Stubbins' territory. I'm talking about Citicorp
building, ok. I got no problems with that.
Mr. O'Donnell: For a point of clarification before I move to the next item.
The area we believe is less than a mile. That we are talking about the
distance along there. But to reemphasize so the Herald does understand that
we are not talking about a change in size. We are not talking about a change
in height and we are not talking about eliminating any of these people oriented
plazas and other things that are part of this SPI-5 district. We are keeping
that. We are just saying make sense and have it commercial and office.
Mayor Ferre: They understand when it's adding another floor on Herald Plaza
which is not before us now, then they want the FAR changed. Go ahead.
Mr. O'Donnell: The second point is a more technical point and'I think the
planner and architect who will be presented in just a few moments will address
it very technically, but basically we need a definition of non-residential
floor area in the ordinance. It's unclear now. We have provided one that
uses the same terms as residential, but it addresses in addition to that
certain excludable areas which are basically those areas that are non -usable
areas. Such as where the utility lines go and there is one specific one
that we thought was very important and that was to allow for projections of
glass and other projections within the building that would allow for energy
saving design doesn't give you one square foot more of usable space, but
under the present interpretation of the ordinance would perhaps be counted
as floor area. These are technical things that perhaps the architect could
explain in more detail later, but it's certainly required in this ordinance
that a clear definition of what is and is not to be countable in floor area
be included in the ordinance and we believe that these particular proposals
which come from other office/ commercial areas in the Country would be the
appropriate ones to include. The final two are also somewhat technical, but
I would like to explain what we are proposing here. The first one is in the
off-street loading requirements of the ordinance. In the SPI-5 district
they are encouraging big lot development. That leads to phasing of development.
And we gave an example in one of the analytical portions of our presentation.
The buildings are built over a number of years so that you have for example,
a total of a hundred thousand square feet the first year and may be five
years later you get another hundred thousand and then another hundred thousand,
but it's all one office/commercial center that's being planned and allowed
on that site. The way the ordinance now reads, the off-street loading
facilities that would serve the entire three phases are being bunched up
so that you have almost seventy-five percent of those requirements being
placed on that first building, which creates terrible design problems either
on site on or in the garage itself instead of making it proportionate to the
amount of square footage as you go along. So, this particular proposal is
simply to tie in on a proportionate basis the off-street truck loading
ramps or parking areas that will be required for each phase as it comes on
line. Again, our architect and planner will address that perhaps in more
gl 117 MAY 1 21903
detail if you have questions. The final one I think is an innovative idea
and one that really could work in this area and so do a number of planners
and developers and that is to permit some or all of the off-street parking
which is required to be on site, to allow it to go off site within the SPI-5
area and then to require when it does go off site more than six hundred feet
from the particular building to require that the developer provide regularize,
motorized transportation, mass transportation between this off -site parking
and the use that's being served. The boundary limits where this off -site
parking would be and what we are proposing is 15th Road on the south, the
Miami River on the north, the westerly boundary of I-95 on the west and of
course, Biscayne Bay on the east. This will permit a number of off -site
parking spaces to be used and then people coming into the actual Downtown/
Brickell area not to be burdening it with individual cars. So, it has an
advantage in addition to eliminating the on site parking problem of a garage
on the site. In summary, those are the basic proposals. We have a few more
people that would like to address those proposals and then perhaps have some
rebuttal.
Mayor Ferre: You see, the problem is that,,it's late and we have been working
hard all day and we are tired and we are going to end up getting confused and
you are rambling on for too long and half of the time we are not listening
to you. So, you know...
Mr. O'Donnell: I'm sorry, Mr. Mayor.
Mayor Ferre: No, it's not your fault, that's just the way it is. It's nothing
new.
Mr. O'Donnell: I would like to just... I'm going to leave then. I'm going
to turn this over right now to Dan.
Mayor Ferre: The only point is that you need to synthesize in a very clear
and succinct statement as to what exactly are you asking for in each item.
What is that you want in FAR that you are asking for?
Mr. O'Donnell: In FAR we are asking for commercial and office to be treated
exactly the same as residential and mixed residential/commercial is treated
and that we have a 3.75.
Mayor Ferre: And that is to go to an FAR of 3.75. Ok. Alright, go ahead.
Next.
Mr. O'Donnell: In the off-street loading, we are asking that the off-street
loading requirements be in proportion to the actual phase of a particular
development. So, that it ties in with the square feet.
Mayor Ferre: Now, what's that? Now, tell me in English.
Mr. O'Donnell: Well, that means if you have a hundred... if you have a
total requirement of ten off-street loading spaces for a hundred thousand
square feet of building, but you are only building half the building, you
should only have to provide five of those off-street loading until you
build the other half of the building instead of having to provide eight.
The third one is to allow for off -site parking at a distance greater than
six hundred feet provided that the developer is required to give the
transportation to and from that site and gives a bond or other suitable
security to insure performance of that trans...
Mayor Ferre: In perpetuity.
Mr. O'Donnell: That's correct.
Mayor Ferre: That has to be forever, because, you know, it can't be for
ten years or anything like that. Go ahead.
Mr. O'Donnell: And the final one is just to get a clear precise definition
of what is and what is not non-residential floor area in the ordinance and
W...
Mayor Ferre: Is that what that glass thing is all about?
Mr O'Donnell: That's correct. And that is to not include what is non -usable
space within the definition basically.
gl 118 MAY 121983
Mayor Ferre: Non -usable space. Ok, can we get a reaction now from the
administration?
Mr. O'Donnell: Mr. Dan Paul wants to speak just for a minute and introduce
the architect just very briefly.
Mr. Dan Paul: Mr. Mayor, Dan Paul, 19 Star Island, Miami Beach. I would like
to present Mr. Alexander Cooper who is a nationally recognized planner, who we
have asked to come and study and I think he can give you exactly what you are
asking for, which is the overall view of why these four or five amendments
make sense in the Brickell area.
Mayor Ferre: Look, you are about to miss several of the Commissioners that
are going to be leaving, so make your point.
Mr. Paul: Alright, well, I will save Mr. Cooper for -rebuttal if we need him
then.
Mayor Ferre: I think that's probably right. Ok, go-ahead. This is on first
reacting anyway Mr. Paul. Go ahead. /
Mr. Luft: Mr. Mayor, Commissioner Dawkins, Commissioner Plummer...
Mr. Dawkins: Before you start, may I ask Mr. Whipple and/or Mr. Rodriguez
a question that's bugging me? If the other side had been the applicant what
fees would they have had to pay to get this heard?
Mr. Rodriguez: Three hundred dollars.
Mr. Dawkins: Three hundred dollars.
Mayor Ferre: Go ahead.
Mr. Plummer: Are you writing your check?
Mayor Ferre: Go ahead.
Mr. Luft: Mr. Mayor and members of the Commission, ladies and gentlemen,
approximately one year ago we stood before with an amendment to the RCB
ordinance which is the predecessor of this ordinance. That amendment
increased the floor area ratio about thirty percent.
Mayor Ferre: That was where our mistake was.
Mr. Luft: Right. It was at that time that Commissioner Plummer looked
squarely at the Planning Department and asked a pointed and fair question.
"Is this proposal going to get us into trouble?" You recall that question.
And the answer was "no". We were sympathetic with your feelings Mr. Mayor
that Brickell is in a different day and a different time. This is not 1970
when the original ordinance was written and Miami has become an international
city and the focus of this development is certainly on a much different
scale than what we were dealing with then and time had come to change RCB.
All I can say to you is that my responsibility, our department's responsibility
as your professional planners and advisors is to come before you and make
certain that you understand completely the ramifications, the consequences
of these actions, because the zoning that we are changing is in fact based
upon protection of the public health and welfare, that's the reason it's
there. One of the fundamental basis for floor area ratio limitations is
to assure that development does not exceed the support capacity of the
systems that are in place to serve it. After a considerable study we
considered that need for a change and we recommended to you and we responded
to Commissioner Plummer that the changes that we were bringing were reasonable,
that we could tolerate them and that it would bring Brickell into the
contemporary era of Downtown development. What we have before you here
simply, not to argue the point about who proposed this or is it more or is
it less, I'm saying to you here that in terms of office development this
is a seventy percent increase in floor area ratio from what we are experiencing
in Brickell today. Seventy percent. We are now dealing with development of
regional impact studies for Nasher Plaza, for Tishman Spire. for a nu-^ber of
major developments in the Brickell area and incumbent upon us as planners
and professional is the responsibility of finding a way to support that
development and to make it work. You should know that for the Nasha Plaza
gl 1.9 MAY 121988
project their own transportation planners in response to the DRI have said that
the only ways out of Brickell from that project and indeed across the street
at _Tishman Spire and up the block, the only way out of there is south on Brickell
or west on 7th Street. That's about the only choice you have got, because you
don't want to go into Dupont Plaza. Right now we are faced with... right now,
1983, we are faced with capacities on those streets of some eighty percent and
in a few critical key intersections, 7th and Miami Avenue and Brickell and 8th
7th, we are looking at capacities that are now almost a hundred percent. This
proposal, the seventy percent increase is going to impose upon those corridors
that proportionate burden. There is no way around it. I wish there was.
Mayor Ferre: That proportion of what?
Mr. Luft: The proportionate burden of carrying the traffic that it will
generate an increase. Now, there are all kinds of value judgements involved
in the trade offs between the benefits of the larger development and I understand
those trade offs, but we are making the point to you today, to each of you
Commissioners that we do not have the capability except at extraordinary
public expense of widening 7th Street.
Mayor Ferre: Didn't have it in Dupont Plaza.
Mr. Luft: Well, we did have the capability of tying into the interstates
spur.
Mayor Ferre:'Sure with thirty-eight million dollars.:''
Mr. Luft: We don't have the capability of widening•Brickell except at
tremendous expense. And I wished I could say to you'that there were other
options, but there really aren't, ok. We believe as planners that the
reason these developers are here before you today seeking the increased
development that they are asking is because in fact Brickell is the most
desirable place to develop in the Downtown.
Mayor Ferre: You bet.
Mr. Luft: And that's because it has been the most rigorously controlled
since the beginning of this development. The point here is that we think
responsible growth fosters the kinds of attention, the kinds of investment,
the kinds of quality environment that we have seen in Brickell. And we
are saying to you that we cannot professionally assure you that the conditions
that exist in Brickell that have fostered that growth will remain given these
increases, you understand that.
Mayor Ferre: Jack, let me...
Mr. Luft: Now,...
Mayor Ferre: Wait a minute.
Mr. Luft: Ok.
Mayor Ferre: Before you go on to other subjects, because I want to be
very specific on this. See,... and I want you to... you in particular, I
have respect for all the department and I really do. But I want you in
particular to listen to this. Juanita Green in the Miami Herald talks
about urban sprawl. Now, this community in its typical... in the hypocrisy
of what we.have gotten used to and we have got callous, ok. On the one
hand have been for the last thirty years that I have seen fighting urban
spawl and on the other hand we keep on fighting center city growth. You
cannot do both. Now, if we had, had a little bit more vision and if we had
been a little bit smarter thirty years ago, we would not have permitted
the growth of all these shopping centers and all these things fifty miles
away, ok, or twenty miles away that takes forty-five minutes to drive into
the core of city and this city would have probably grown up in a very different
configuration, but you see, we didn't want to do that. Now, let me tell
you why Brickell Avenue has grown, I...
Mr. Luft: Dade County didn't, but that's alright.
Mayor Ferre: The County did tlat, ok, but we are paying the price for it.
Now, let me tell you why Brickell Avenue has grown, you know why? It's
very, very simple, very, very simple, because when the Mayflower Donut
property on Flagler and Biscayne, now One Biscayne Building, sold fifteen
120 MAY 1 21983
gl
r 4
years ago for a hundred dollars a square foot, ok, Brickell Avenue property
now where Equitable is at was selling for four and five dollars a square foot
and twenty-five cents per square foot increase was a lot of bucks. And
when old Jack Beckwith..see... Now, the difference is that Plummer and I
have been around and you have too and others have, but I remember. I remember
when Jack Beckwith came to me and said hey, you know anybody who wants to
buy property on 8th. I said Jack, how much do you want for it? And he said
well, ten dollars. I said you are crazy. You can't... go talk to Mike
Calhoun, see if he can sell that for you. There is no way anybody is going
to sell that for you at ten dollars. That property isn't worth more than
five. Well, hell he sold it for twenty and the people that bought it were
tickled to death and ten years later there is David Weaver, ok, not buying
it for twenty, but paying fifty and sixty and they said Weaver, you are
crazy and he said no I'm not crazy, because in the next year we are selling
for a hundred. Now, the reason why Brickell Avenue developed is not because
it was open and beautiful and the zoning was so terrific. The reason why
Brickell Avenue developed was because you could buy cheap land.It's that
simple and we cannot get away from the economy of what this free enterprise
Country is all about. That's how it functions. That's how it functions in
Houston. That's how it functions in Manhattan and that's how it functions
any where else in the world. Now, the ide'a... the point is this. Now, with
regards to your question about eighty percent and a hundred percent on street.
Hood Basset, Southeast for the last ten years has not built his building, ok.
And the reason he didn't build his building is he said how are we going to
put up Southeast building center when you haven't solved the traffic problem.
Now, he said'Dupont Plaza is at a hundred percent, we�can't build anymore.
There is no way to put up a building in Dupont Plaza,. -solve the traffic
problem, ok. The government never does that. The -government never solves
traffic problems until they have to solve traffic problems. Here in Minneapolis,
in Los Angeles, in Caracas, Venezuela, in Paris, France. It works that way.
Life works that way. unless, of course, you are Arthur V.Davis and you are a
good friend of Ferris Bryant and you go up and you convince Ferris Bryant to
put Kendall Avenue a road to no where, ok. Now, we know where it was going
to. But that's the only two ways that roads get built in the world. Now,
what occurred was very simple, very simple. Mr. Gould came along and he put
up an office building and all of the sudden Southeast after ten of saying
that they wouldn't put up an office building because they wanted the traffic
problem solved decided that may be they ought to put up their office building.
And I said well, how about the traffic problem? Well, you have got to solve
that for us. Well, you know what happen, the building went up and all of
the sudden the Miami Herald starting writing nasty editorials about the
stupid City of Miami Commission putting up... allowing these monstrous
buildings to go up in Dupont Plaza without a traffic solution. Well, you
know what happened, the moment the building started going up we found a
solution to the traffic problem and if the buildings had not gone up we
would be sitting here in 1992 with empty lots in Dupont Plaza, because by
then they are worth two hundred fifty and three hundred dollars a square
foot and nobody wants to touch them, because they can get cheaper land on
Brickell Avenue or up by Omni or Ted Hollo can do a building or somebody
else and that's the way the economy works. Now, my answer to you, sir is
that don't worry when Mr. Hensley Spear and the Equitable Company and
Hensley in his project and Tishman Spire and Equitable and all these people
put up their buildings, we will find solutions. We collectively... Oh, yes.
It's going to cost forty million dollars or ten million dollars or whatever,
but I want to tell you that I would rather have the growth pattern that I
think is necessary, because... yes, we went up in our bonding ratings in
Standard and Poors from "A" to "A plus". You know why we went up? One of
the three reasons that you heard the Manager give you today. We went up
because Standard and Poors and the rating agency said that the City of Miami
has new found sources of financing that give us financial viability and
flexibility. Where did that come from? Little Havana? No. Where did it
come from? It came...
Mr. Luft: Downtown tax base.
Mayor Ferre: You bet. And was it the little home owners doing that? Is
it the little home owner that's putting up little houses along 8th Street?
As many as have been redone?Little Havana is terrific and Allapattah is
terrific and Coconut Grove is terrific, but that's not why we got an "A plus"
rating. We got an "A Plus" rating because we got a better tax source and
we got an "A plus" rating because in the next couple of years the City of
Miami, instead of getting forty million dollars... when Plummer became
a Commissioner in the City of Miami the tax base of Miami was twenty-five
million dollars and now by the end of his next term the City's tax base is
gl
121
MAY 1219811
going to be a hundred twenty-five million dollars and that's coming from
Downtown Miami. And I just want to go on record again and give you the logical
reasons of why we need to broaden our horizons in this whole approach. Now,
I submit to you when Ted Hollo came here and stood right there and remember
the FAR on his property was 1�, not 3.75 or whatever it is and he wanted to
build a hotel right across the street from what's his name... from Omni and
he had a 1.5 FAR and when we came here and Armando Lacasa was sitting right
over here--- wherever he sat--- and Armando Lacasa said wait a moment, what
do you mean six... and Marty Fine was sitting right back over there and he
shot up like a bolt, because Lacasa said we ought to go to seven not three
and a half. You remember that?
Mr. Luft: Yes, I remember it.
Mayor Ferre: And you guys were all in shock and Mr. Reid came over to me,
he says what's he doing? What are you doing? Stop him, you know, and Plummer
was looking and his eyes were, you know, three inches wide and you know what
happened, in five minutes we voted like that. And the Herald just tore
us apart. And sure enough you came back with a proposal and about six months
went by and I might remind you that then tie Herald Came back and listen to
what the Herald says. The Herald says hey, fellows, we got to be reasonable.
We got to be... this isn't so bad. That's a nice recommendation. Now it
just happens that Herald Plaza is right across the street and they don't
mind going from a 1.5 to a 7, but we didn't go to a 7, we ended up going to
10, seventy percent. We didn't go up 7... in the property across the street
from Herald plaza we went up five hundred percent an$'nobody said a word.
Happy days are here again, it just makes a lot of sense. Now, I ask you
honestly, do you think that the northern Brickell Avenue area from the River
to 15th Road along Brickell Avenue should in my mind; you know, because I'm
not going to get bogged down with all this... in my mind should I look upon
that any differently than I looked upon the area along Biscayne Boulevard
and the surrounding areas of the Omni? I rest my case.
Mr. Luft: Ok. Alright.
Mr. Plummer: There is a big difference and I will tell you how you got to
look at it differently, ok. And I think that I will speak to what you are
saying and that is in the Brickell area it is required of parking. In the
Omni area which is part of the C-3 parking is not required. There is a
big difference.
Mayor Ferre: We went beyond... in the area that we rezoned--- now, Jack,
you correct me--- in that property across the street from Omni where that
hotel is going up where we went up to a big FAR that's not Downtown commercial.
Mr. Plummer: C-3.
Mayor Ferre: That's not C-3.
Mr. Luft: No, that's CBD-2.
Mayor Ferre: Yes, sir...
Mr. Plummer: Omni is C-3.
Mayor Ferre: No, but across the street it's not C-3. Omni was C-3, but
across the street on 17th North Street it is not and yet we... we didn't
go up seventy percent, we went up five hundred percent in the FAR. Oh, yes
we did.
Mr. Reid: Yes. Mr. Mayor,...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: From where to where? From where to four?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: I stand corrected. We went up from 1.5 to 4. Now, 1.5 to 4...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
gl 122 MAY 12 108
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Mayor Ferre: I know, but we, you know we went up three hundred percent.
Mr. Plummer: But you could go up to what, your seven? With the bonuses.
Mayor Ferre: And Janet, I don't... You were here for as I recall. Ok, go ahead.
Mr. Luft: Mr. Mayor, like you I think I'm an urban optimist and I think in
the thirteen years that I have been here watching you from that seat, we are
still smiling. I guess we still believe Miami will become a great city, a
world city. The fact of the matter is though the Brickell land in dollar
--value it has caught up with Biscayne Bouelvard.
Mayor Ferre: Yes, it has.
Mr. Luft: Yes, it has. So, the land value is no longer the big advantage,
yet that's where people want to build and in fact they are fighting to
change the names of streets so that they can get a Brickell address because
that's the prestige address. Obviously, the character of Brickell has been
established in such a way that it attracts that sort,of. thing and we must
know that apart from numbers of cars, we Ve talking about a dramatic change
in that character as well. I, you know... I will simply say this. We are
talking about three point two million square feet of office today in Brickell.
The proposal we brought before you last Spring accommodates on the development
sites in Brickell.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Luft: Those are the sites yet left to build on in Brickell. There is a
lot of them. We are talking about some four point two million square feet
of development still to go, just in Brickell still to go. Well, it's more
than double what we got now.
Mayor Ferre: That's nothing. This city is going to have ten million square
feet of development... in the next ten years will be ten million square feet
of development in the Downtown area. That's nothing. 4.2.
Mr. Luft: My only point is, is that the streets aren't getting any bigger,
ok.
Mayor Ferre: And they are not getting any bigger in Chicago or New York
or Houston either and I don't see that those cities and Boston and their
new tremendous developments that go a hundred stories up in the air are in
anyway sinking Chicago, Boston, New York and I want... you see the problem
around here is this, that we keeping of Miami in small terms and it's time
for us to start thinking of Miami in terms of Boston, New York and Houston,
because that's what we are competing with.
Mr. Luft: Ok.
Mr. Reid: Mr. Mayor, I think this is a good debate on growth policy and it
shows the importance of this issue and I would like to make a... just a
couple of... say a couple of things. Brickell not only had low land values,
it had access and one of things that we want to do in the future is protect
that access. Now, in the Southeast building that you alluded to, we did not
permit that building before we committed ourselves to build the bifurcated
ramps one way or another. So, there was a tie in between the development
we permitted and the transportation infra -structure. And what we are basically
saying here is that when you talk about these increases in growth, if you
are going to be responsible you have to deal with questions like transportation
infra -structure and not...
Mayor Ferre: Mr. Reid, how did we deal with that when we went to Omni.
Remember we had a study made, but we voted on this thing and then we had
the study made. Do you remember all that? Now, what I would recommend to
you, look, you got four issues before you and Plummer is going to have to
leave in just a little while. So, we need to get right to it. And the
question is where do we stand on FAR 3.75? Where do we stand on the loading
requirements? Where do we stand on the off-street parking six hundred feet
away? And where do we stand on the usable space definition? And do you agree
with any of these?
Mr. Luft: Yes, I think I do.
gl 123 MAY 12 tsM,
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Mayor Ferre: Well, which ones do you agree with, because then may be we can
do those tonight and the other later on.
Mr. Luft: I think the definition of the floor area as far as how it's
calculated.
Mayor Ferre: Are you in agreement with that, with their request?
Mr. Luft: I'm going to let Sergio tell you what he is in agreement with, but
I'm just going to say one other thing. One of the proposals you have here
before you is the issue of allowing the parking to go off site, ok. And they
have described a radius of some five thousand feet where we could put that
parking.
Mayor Ferre: No, six hundred feet.
Mr. Luft: No, more than six hundred, but up to five thousand, ok. Here is
your ratius, I mean, we are basically halfway through little Havana, we are
down to Coconut Grove and we are up past Omni. Ok?
i
Mayor Ferre: No, no, no I totally disagree with that. Is that what you are
asking for?
Mr. Luft: But a thousand feet, two thousand, five thousand, here is the
point I want to make. They are talking about...
Mayor Ferre: Wait a minute, Jack, they are saying "iio". Now, is it "yes"?
Is that what you are asking for, "yes or no"?
Mr. Luft: Give him a number Bob.. Five hundred, a thousand, two thousand?
What's the number?
Mr. Traurig: The number is five thousand feet from the site within the SPI-5
district, which is admittedly to much, Mr. Mayor. As we have analyzed it...
Let me tell you what we had intended. We really had intended to go to the
I-95 corridor so that we could utilize all that area under I-95 for parking
to serve that Brickell area.
Mayor Ferre: Hey, I got no problems...
Mr. Luft: Well, there isn't any under area under I-95.
Mayor Ferre: Wait a minute, Jack, I have got no problems in transferring
parking rights provided it is within a reasonable distance. Now, three
blocks or ten blocks, but I certainly don't go for this six thousand feet
or five thousand feet.
Mr. Luft: Ok, and we allow that today. We allow that today, but make no
mistake their real intention is to move the parking out of Brickell, out of
that high cost area into an area where they can buy the land and build a
garage and as per their proposal move the people in by bus, ok. Now, if
their zoning change goes through and let's suppose only thirty percent of
the parking goes through the fringe areas where they are talking about.
The number of people that they would have to move by bus into Brickell from
that fringe parking would be the same amount of people that go to the Dolphins
game on the bus on an average Sunday afternoon. Now, you know the logistics
of moving those people to the Dolphin game on buses and these people are
saying trust us, we will take care of it. We will provide the buses and
move the people. I'm saying that in the public interest and welfare we
cannot accept that and we have already provided remote site parking provisions
that we think are reasonable, but if the objective is to get out of the high
cost Brickell area, we say that's really not something we can support. Thank
you.
Mr. Traurig: Mr. Mayor, I...
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mr. Traurig: I don't know whether or not you want to entertain our responses
to Mr. Luft at this time. It's not really the time for rebuttal. We had'nt
completed our presentation and Mr. Luft, then made his presentation. If you
want to hear our responses I would like to make a couple right now. And
gl 124 MAY 121983
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specifically with regard to the parking. I think that the concept is excellent.
The concept is to relieve that Brickell Avenue corridor that he is so worried
about. As a matter of fact, we have made a lot of proposals, the private sector
has and that is the reversal of traffic during peak hours on 7th and 8th Street.
And we have for example, talked about the long term traffic controls within
Brickell which would sometime in the future rely very heavily upon the people
mover which we expect to get in this precise corridor. So, with regard to
traffic we think that if we could put some of the parking that otherwise would
go to Brickell in a more remote area it would benefit the entirq ggrigke 1
corridor. We would like to limit to whatever the Commission tninics is air....
Mayor Ferre: Mr. Traurig, just so we can cut throut.1h and see if we can come
to some kind of basic agreement on some of these things. I have got no
problems, ok, within reason and it has to be reasonable, that where the City
_ could allow parking to be moved out of a high valued property along Brickell
Avenue and moves two or three blocks away. I got no problems with that,
that's just common sense. I do have a problem going to the middle of Little
Havana.
Mr. Traurig: No, we certainly are not going to go any. further west than
4th Avenue, so that would be a total of six blocks and that would be around
six hundred, six hundred fifty feet to I-95. No, excuse me, six and a half
blocks... six and half tenths of a mile.
Mayor Ferre: You know that's a great.... Hey, I'm glad you are doing that
Jack, because I want to tell you that's a great improvement on that building.
And I wouldn't... I would love to see that building just like that.
Mr. Traurig: Before Jack addresses it I would like him to address what the
affects of that would be under the new lot coverage provisions which are not
the ten percent which was allowed when this building was designed, but are
now fifty percent. So, when he addresses it I'm sure he will cover that
point.
Mayor Ferre: See, if you want to get away from urban sprawl, you don't want
to have little dinky office buildings down there sprawling all over Dadeland,
okay?...five stories high built by Hank Green and others - that is the alter-
native.
Mr. Luft: What I wanted to point out - I am talking about the parking, okay?
What happens when you do this is is that the parking does this. And the
parking doesn't work like this, okay? It doesn't work like that. The point
they are making is that when you do this, the parking doesn't work here, so
you take it out of here and you move it there, because otherwise, the
character of Brickell changes completely, okay? That is the real point
that we are making here. That is the real point we are making! We are try-
ing to save Brickell in terms of the character by taking the parking and mov-
ing it out. We can't build that much parking in Brickell. You can't do it,
not physically and keep the character. Otherwise you are going to have the
One Biscayne Tower with the twelve stories of parking on it.
Mayor Ferre: No, no. I am not for One Biscayne Tower either, but on the other
hand, I am not for... look, with all due respects to David Weaver and my friend
Dr. Gonzalez Gorrondona who owns Carribank next door and the other buildings
that are going down, including Nick Morley's building. Nick Morley's building
and the others, in my opinion, are total misfits. You know why? Because they
are short, fat, squatty buildings and they don't belong there! Now, the Morley
Building is a beautiful building. In my opinion it is a well designed building,
and the one that Ferendino Grafton did, I think is an even nicer building.
The problem with it is it ought to be ten stories higher, and it is a total
misuse of that property! I think that when we look back twenty years from
now and say "My God, how in the world did we allow such a misuse of property!"
Mr. Luft: Elevators can move people up and down real fine, but cars cannot
go up and down a ramp fover, okay?
Mayor Ferre: Jack, I think you have convinced me on the parking argument and
I think I agree with you, but there has to be a logical limitation on how much
we can transfer and for God's sale, you certainly can't transfer 100%. I mean,
you are talking about 10% or 15% of the parking requirements going five or
six hundred feet. I've got no problems with that. If you are talking about
125
gl MAY 121983
I
a 100% transfer and going six thousand feet, I am totally against it. Well,
where are we? What do you want to do now?
Mr. Plummer: Public hearing, right?
Mayor Ferre: Go ahead, Janet.
Ms. Janet Cooper: I will try to keep brief, keeping in mind that it is the
First Reading, and I will really sock it to you on the second one, so to
speak, but basically, I think you know that I am not anti -development. I
have been before you in support of CBD-2 changes in the Omni area, and I
spoke in support of the RCB changes here on Brickell. There were some concern
...Omni and here on Brickell, and I am not opposed to development. I grew
up in a development family, crawling around construction sites. My family
still builds, however, there are limits and there are certain effects that
we have to consider. One of the things that was very important when we were
talking about RCB in this Brickell area was that we trying to encourage
bringing residential development into that area. What is being proposed to
you today will discourage residential development. I work downtown on Flagler
Street and N. E. 2nd Avenue; that is where-fiy office is, and I don't go out-
side after dark, because it is impossible to feel safe in that area, because
there is no pedestrian traffic. If you approve this, you will be continuing
that down into the Brickell area, immediately adjacent to residential area.
The crime problem will spill over intothe residential area, which already
bad on Bricke;1l. It is helped considerably by the security, but it is really
straining at the limit. If you create a district that is strictly office,
that is not inhabited at night, that has no people living there, no people
going in and out at different hours, you are going to•create a problem with
the environment in the Brickell Avenue area, and that is exactly what is
being proposed and I ask you not to do that. I would point out to you also
that it is very discouraging to sit in my office and look out over the down-
town area and see constant development of two to four stores on Flagler Street
in this very poor area, and one of the reasons that that is continuing to
happen, Mr. Mayor, is that you are allowing these tremendous developments
in the Omni area and in the Brickell area and I am with you. I am not
opposed to development and I am not opposed to it growing in surrounding
downtown areas, but I think it needs to be done in the downtown area first.
By allowing this in Omni and allowing the tremendous increase here on Brickell,
you are encouraging the failure to develop downtown.
126
MAY 121983
Id
Mayor Ferre: The economy decides that, Janet, not you or I.
Ms. Cooper: Well, I think that it is both. If you were to not allow anything
higher than whit is already there...
Mayor Ferre: You go to Ft. Lauderdale or Coral Gables.,
Ms. Cooper: I think that it is necessary to point out that it takes me ... I
live on 19th and Brickell and my office is on Flaglei Street...it takes me
during rush hour traffic fifteen to twenty minutes to go:one mile.
Mayor Ferre: Oh, poor girl!
Ms. Cooper: I think you should know - fifteen to twenty minutes to go one
mile! That is approximately three or four miles and hour.
Mayor Ferre: Hey, that is what you get for wanting to 'live in New York South.
You want peaceful serenity? Move to Fort Meyers!
Ms. Cooper: I am not saying that. I am pointing out, to you what the condition
is for traveling one mile downtown. But basically I'am saying, leave the
incentive on the F.A.R. to build residential. If you leave the incentive, we
will get the same*big buildings that they are telling you are allowed right
now under the code, but you will have those buildings including residential,
which is absolutely vital to the Brickell area, or you are going to have
another crime ridden, dead -at -night downtown area all along Brickell, and it
is not necessary to create that situation. They can build just as big a
building as they want to, as they are asking for, if they build residential
houses.
Mayor Ferre: Of course we are going to do the same thing again - we are going
to leap frog and leap frog the whole thing up.
Ms. Cooper: I hope you don't. I hope you don't, but that is the situation
here. The only other issue that I am going to address is the off site parking
and I will address it very briefly. I agree with you, Mr. Mayor. I agree with
what Jack Luft said and I would like to point out that when we were here for
a year at every other Commission meeting, talking about Brickell Key and their
attempt to reduce parking on Brickell Key, and their solution was to provide
trams for the people who live on Brickell Key into downtown and other areas -
that was the Commission's attempted solution so that they could reduce the
parking. Bob Traurig stood there and told you that providing the trams was
not feasible on the part of the developer. This was something that could
not work. Different developer - same problem - same not -feasible solution.
Thank you.
Mr. Ernie Fannatto: Mr. Mayor, I would like to speak for a second on this.
Mr. Luft: I need to bring out one more point that I neglected to mention, and
it does concern me. Let's suppose for a moment, that the F.A.R. is increased
in Brickell for the office development. We are all familiar with Mr. Lacasa's
comment about how downtown slopes - you know, how it gets bigger over here and
it gets sloped down there.
Mayor Ferre: That wash't his comment, that was mine.
Mr. Luft: Well, it was yours too. No, I think he made that one.
Mr. Carollo: Just remember this - Lacasa is gone.
Mayor Ferre: And I am not!
Mr. Luft: The point...okay, well ... yes, and the Mayor is not.
ld 127 MAY 1 2 i9$3
I
Mr. Carollo: That is not in reference to the Mayor, of course, but...
Mr. Luft: The point that I wanted to make is that we have tried to in a
Planning sense structure the development so that the greatest intensity occur
around the Rapid Transit Station, and as you move away from the difficult
access Brickell corridor toward the Brickell Station, intensities increase.
What this particular change would do, it creates a difficult situation where
now the densities would decrease as you go toward the station and I am sure
Mr..Traurig or his compatriots are going to be in here with the property
owners next to Brickell Station, pointing out to you that how can you have
greater density on Brickell and less intensity next to the station, and we
really need to increase that and if you are talking about office development,
we have enough capacity in the Brickell Station area, Mr. Mayor - we have
enough capacity in the Brickell Transit Station area - I am not talking about
north of the river, between the river and 15th Road, going all the way to the
station now, and the intensities we are talking there, which are closer to
Omni intensities, up to a seven, we have enough development potention to ab-
sorb all of the optimistic projections for office growth in downtown Miami
through the year 2020. So what we are doing is, is we are beginning to do
the same thing we have done on the commercial strips .all over the City. We
are over zoning, and we are in fact, encou'faging the leap frog spreading out
of development, rather than the concentrating where we need to keep it. We
feel strongly as Planners that the responsible thing to do is to concentrate
that development at the station and hold Brickell to the pattern that we have
got, okay? But, I don't look forward to the day or arguing why Brickell should
be more intense than the station area, because...
Mayor Ferre: Let's hear from Ernie Fannatto.
Mr. Ernie Fannatto: Honorable Mayor and members of the Commission, I feel this
way about it - the time has come when we have to have more taxable property on
the tax roles. Mass unemployment, the people don't have the money and with the
high crime rate, you have to go up, especially with the high cost of land
today, otherwise you are not going to building. If you don't have the build-
ing, you are not going to have the taxable property, you are not going to have
the jobs and you are going to have a poor economy in your City.
Mr. Carollo: How about those bus benches, Ernie?
Mr. Fannatto: We will talk to that when we get to it.
Mayor Ferre: Hey, everybody kids around with Ernie, but I always say - and
this is nothing that I am saying now - I have been saying it for years and
years, he's got more common sense...
Mr. Luft: Just so our frame of reference is all together, the F.A.R. we are
talking about here are under the new ordinance, which are actually higher -
don't be misled - they are higher than what the old ordinances is. When we sav
3.75, we are really saying 5, plus bonuses us there.
Mayor Ferre: Yes.
Mr. Luft: And it is not a matter of Brickell still being substantially less
than Omni - it is a matter of Brickell being right there in the same league.
Okay, do you understand that?
Mayor Ferre: We...I understand.
Mr. Plummer: What are you proposing in the F.A.R.?
Mr. Luft: We are proposing that the office F.A.R. be held to 2.25 with bonuses
under the new ordinance, with residential, which does not impact in the peak
hour period and upon the utility system. It doesn't impact the same way office
does. We can handle it. We are saying that if you want the big buildings in
intensities that you want and that they want, fine, let's mix the residential
with it and get the added advantage of the twenty-four hour bonus, but don't
give it all away in office, because you will never get to residential and
you lose a lot along with it.
Mayor Ferre: Okay.
Id
128
MAY 121983
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Mr. Luft: Now, I just talked to the gentlemen from Tishman Spire yester-
day. We were going throught the design review on his project and he was
showing me - he was very proud; he said "Here is Phase I, and here is Phase
II, the office towers, and right in the middle as the centerpiece is Phase III,
which is our mixed use building". I said "That's great!" He said, "Of
course, if we don't have to build it, we will just build offices".
Mayor Ferre: (LAUGHTER) That is right!
Mr. Luft: And that is what we are really doing here, okay? I mean, you will
get your big buildings, but we are going to get just office, and we will bear
the problems that come with it.
Mayor Ferre: But, Jack, my point to you is, it is going to happen anyway,
because nobody...I don't think that in today's market anybody is going to
build a residential project on northern Brickell Avenue, other than along
the Bay. And I think along the Bay you will get maybe one or two projects,
but along Brickell Avenue per se, no matter who owns it,*nobody is going to
build an apartment! Now, beyond 15th, down to 26th, they are going to build
apartments, because that is where they are,6oing to be -built.
Mr. Traurig: Mr. Mayor, in summarizing, I think what you said is some of
what I want to say and I think it needs to be done in a very orderly way.
What you and Jack and Janet were just talking about, is what is the character
of Brickell Avenue going to be - and I want you to put::that into the context
of what we have proposed. We have not proposed that the entire district,
SPI-5 district have these changes. We are only talking about that portion
of it that fronts on Brickell Avenue, and in our experience and in our obser-
vation, in our discussions with prospective users of space on Brickell Avenue,
from the river to 15th, nobody wants to build residential on particular por-
tion of the district, the residential would,go with the Helmsley project
would be along the Bay or some other parcels along the Bay, but certainly not
within that Brickell corridor. Now, we have made five proposals; three of
them are not controversal.
Mayor Ferre: Four!
Mr. Traurig: Well, let me go through them again very quickly.
Mayor Ferre: F.A.R.!
Mr. Traurig: One is the base F.A.R., and I want to clarify something. We are
not asking for a jump from 2.25 to 3.75 on just office development without any
rational. It has been suggested to you by Mr. O'Donnell that we could
build the 3.75 if we had the residential. We could even build 3.75 under the
existing ordinance, if we only added .75 of residential, because we start with
the 2.25 base, add the .75 and the ordinance itself proposes that if we add
some residential we could get an equal number of square feet of commercial;
so that was Item Number one. Item Number two was they want to charge us with
square footage and garages and basements for machinery rooms and elevator
shafts and stairwells, and we think that in projects such as this, we ought
not be charged with that kind of square footage, which really doesn't directly
inure to the tenant of the space. It is merely...
Mayor Ferre: Well, hey, you don't have me on that one!
Mr. Traurig: Okay. Number three, the off-street loading has been, I think,
acknowledges} by them. The window recesses have been acknowledged by them.
We ... you have dealth with the parking itself. I would like to mention one
other thing. The City has all of the controls it needs. The D.R.I. process
will require that the entire traffic plan be analyzed everytime we have a
major project of this type. Secondly, we have to apply for special permits
and third, you have your urban development review process and all of these
things will permit the City Staff and the Regional Planning Council to
analyze what the impact of our projects will be.
Mayor Ferre: All right, look, so we can cut through, Mr. Plummer, there is
the gavel, and I would make the following motion to the Administration.
To the Administration, Number one, that the base F.A.R. in this Brickell Ave-
nue area be increased. I am not going to tell you how much. You think
about it and come back as to what is reasonable. You figure it out. I just
129 MAY 1219$3
do not think that 2.25 is adequate for Brickell Avenue and I don't have any
problems going to 3.75. You come back and think about it, but we need to in-
crease it. I think that is just too timid for Brickell Avenue. Number two,
that I think this loading requirement thing is a reasonable thing that they
are asking for. They built half of the building. I don't think that they
should put in the loading requirements for the full amount required until they
build the building.
Mr. Rodriguez: Mr. Mayor, that will be Item Number Ill.
Mayor Ferre: Okay. I am just making a motion of intent and then you put it
in any way you think is right, and Number three, the question of this glass,
as to whether the glass is forward or back, if we leave it the way it is,
you are going to end up with glass boxes over and over -again. What we need to
do is encourage the glass to be put back so that there is some shading in
there. It is better architecturally. It is better on energy use. Of all
these things, that is the one that I support the strongest. And the last one
that I am willing to support is somehow we make provision within a reasonable
distance - by reasonable, I mean a couple of blocks, -three blocks, four blocks,
you know, reasons depending upon how big tie blocks are.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: What? Walking distance. Within a reasonable Miami walking
distance - that they can substitute a portion of theirparking requirements.
Now, you come back and tell me whether it is 15% or 20t, or what, but I think
you should think about that. Now, those are the four.items that I think we
need to approve here, and I so move, in motion.
Mr. Plummer: Is there a second? Is there a second?
Mr. Perez: Yes, I second.
Mr. Plummer: Seconded by Commissioner Perez. Discussion?
Senator Robert McKnight: Mr. Chairman.
Mayor Ferre: Yes.
Sen. McKnight: For the record, my name is Robert McKnight. I represent Planned
Development Corporation, 1440 Brickell Avenue. I have not had the chance to
look at the ordinance. Mr. Mayor, I understand your motion. Perhaps, as an
inquiry of the Staff - there is a proposal, I believe, that the Staff was
going to submit for consideration then ask it to go to the P.A.B.,
it relates to the large lots bonus - Mr. Director, do i assume that is in
the Mayor's motion, or is that a separate ordinance?
Mr. Rodriguez: No, that is not in this motion, I believe. Unless you want
us to bring it on the 31st, which I asked at the beginning of the meeting,
that we have a continuance on this, we can present to you the recommendations
and F.A.R. and so on.
Mayor Ferre: Yes, but see, I wanted to give you some direction, if we can get
three votes on this Commission to give you direction, and then you know better
how to deal with it, that is why I insisted that we continue, because I had
a feeling that maybe, you know, we would get some direction tonight.
Sen. McKnight: Mr. Mayor, I think for the record, we would just like to express
support then, because that was the only one that we were concerned about.
Thank you.
Mayor Ferre: Tell me what you...I missed you, now.
Sen. McKnight: I think the Director has said that is not embodied in the
motion that you have suggested and therefore isn't before us, and that was
the only concern we had. Thank you.
Mayor Ferre: Okay, I've got you. Thank you.
Mr. Plummer: Any further discussion? Sergio?
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130 MAY 121983
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Mr. Rodriguez: May I say something? 1 am your brand new Planning Director,
you know, and I have been here thirteen years, like you. I have been in
Miami for four months and I like it very much. One of the things that I like
about Miami - one of the things I will say I probably like the most, visually,
because I am also an architect, is the Brickell area. The Brickell area is
important to me in the character that it has because of precisely what we
are trying to keep there, and I want to make sure that when we bring before
you the recommendations as to what to do with Brickell, you keep that in
mind. I think Brickell is a beautiful area that you ought to be proud of,
because you have been working for many years in keeping it that way and I
think that we should be very careful in trying to change the character of
what we have there, and when we come with the recommendations before you, as
to any increases in the F.A.R., I am sure you will appreciate also hearing
From now, the consequences of those increases.
Mayor Ferre: That is wonderful, but I want you to think of Miami as a world
class city. See, we are not competing with Boca Raton and we are not com-
peting with Coral Gables.
Mr. Rodriguez: I don't think we have to edmpete, because I think we have a
lot.
Mayor Ferre: Well, and I want you to think of Miami, not in terms of Man-
hattan, because I think that nobody can do that. Obviously, Citibank is an
exaggeration, Citi-Corp Bank by Stubbins. I mean, yogi know, we could never
have that in Miami, but I want you to think in terms of the great cities of
America; in terms of San Francisco, of Chicago, and Boston and Toronto, okay?
And I submit to you, that the downtown business district as presently consti-
tuted is fine for a City as we dreamed of Miami in MO - as I dreamed of
Miami in 1960. I want you to understand at least this Commission and this
vote here is for a Miami - I envision a Miami in the year 2000. I don't
think of Miami in terms of 1960 anymore. And I am thinking of a city -
a downtown core area that will compete with Toronto and Boston and that is
going to include Brickell Avenue. And it is going to onclude the northern
part and I think there is no other way to do it. It is going to go vertical.
And thank God for the Goulds and the Hood Bassets of Miami, because they are
the ones who put their money and their bucks and have taken big, big chances
and I feel very bad about Mr. Gould. I hope he survives. He is one brave
man. He has gone out and spent $186,000,000 of somebody's money and I hope
he survives, but if he does't, he has contributed one hell of a thing for
Miami anyway and I think we need to think of what Miami is going to be in
terms of reality, not in terms of yester-year.
Mr. Plummer: Any further discussion?
Mr. Carollo: None.
Mr. Plummer: Thank God! Call the roll.
The following motion was introduced by Mayor Ferre, who moved
its adoption.
MOTION NO. 83-387
A MOTION DIRECTING THE CITY MANAGER TO AMEND PROPOSED
ORDINANCES CONCERNING MINIMUM LOT REQUIREMENTS, OFF STREET
PARKING AND LOADING IN SPI ZONING DISTRICTS TO ENCOMPASS THE
FOLLOWING: (1) THAT THE BASE F.A.R. IN THE BRICKELL AVENUE
AREA BE INCREASED; (2) THAT REASONABLE OFF STREET PARKING AND
LOADING REQUIREMENTS BE INCORPORATED SO THAT ALL LOADING BAYS
NEED NOT BE CONSTRUCTED UNTIL THE ENTIRE PROJECT HAS BEEN
COMPLETED; (3) TO ENCOURAGE DEVELOPERS TO RECESS THE GLASS ON
THE EXTERIORS OF BUILDINGS AND NOT PENALIZE THEM BY COUNTING
THE WINDOWSILL OUTSIDE OF THE GLASS AS PART OF THE F.A.R.;
(4) MAKE PROVISIONS FOR SUBSTITUTING A PORTION OF THE PARKING
REQUIREMENTS WITHIN A WALKING DISTANCE OF 3 TO 4 BLOCKS.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote;
131 MAY 121983
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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
ON ROLL CALL:
Mr. Plummer: I am going to vote "yes", because it is only asking them to
look at it further.
48. FIRST READING ORDINANCE: AMEND ORDINANCE 9500, SECTION 1556,
ENTITLED MINIMUM LOT REQUIREMENTS FOR SPI DISTRICTS.
r
Mayor Ferre: Now, what we did, we passed a motion so that they have a
direction. Now, I think we are ready to vote on the ordinance at First
Reading, and then we will come back and deal with the•ordinance on Second
Reading. So -now, is there a motion on Ordinance 110 on first reading?
Mr. Carollo: Move it.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 9500, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING SECTION 1556 ENTITLED "MINIMUM LOT REQUIREMENTS;
FLOOR AREA LIMITATIONS; MINIMUM OPEN SPACE REQUIREMENTS,
LIMITATIONS:, AND 1558 ENTITLED "OFF-STREET PARKING AND
LOADING", OF ARTICLE 15 ENTITLED "SPI; SPECIAL PUBLIC
INTERESTS DISTRICTS", BY PROVIDING FOR INCREASED FLOOR
AREA AND INCREASED DISTANCE TO REMOTE SITE PARKING
RESPECTIVELY; BY AMENDING SECTION 2012 ENTITLED "DEFI-
NITIONS AND METHODS OF MEASUREMENT RELATING TO STANDARD
LUI RATIOS; REQUIREMENTS AND LIMITATIONS" OF ARTICLE 20
ENTITLED "GENERAL AND SUPPLEMENTARY REGULATIONS;"
FURTHER, AMENDING SECTION 36 ENTITLED "GENERAL" OF ARTICLE
36 ENTITLED "DEFINITIONS," AND BY REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAIN-
ING 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
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
The City At..orney 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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MAY 1219$3
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49. FIRST READING ORDINANCE; AMEND ZONING ORDINACE 9500, SECTION
1558, ENTITLED OFF-STREET PARKING AND LODING AND SPI DISTRICTS.
Mayor Ferre: Now is there a motion on 111 on First Reading?
Mr. Carollo: Moved.
Mayor Ferre: Is there a second?
Mr. Perez: Moved.
Mayor Ferre: Further discussion? Read the ordiance on.first reading.
Now, this has to be amended, you understan,dr. All these things have to be
amended. Go ahead, read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 9500, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING SECTION 1558 ENTITLED "OFF-STREET"PARKING AND
LOADING" OF ARTICLE 15, ENTITLED "SPI; SPECIAL PUBLIC
INTERESTS DISTRICTS" BY PROVIDING FOR THE PHASED SATIS-
FACTION OF CERTAIN OFF-STREET LOADING SPACE REQUIREMENTS;
BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS
THEREOF IN CONFLICT; AND CONTAINING 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
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
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.
50. FIRST READING ORDINANCE: AMEND ORDINANCE 9500, SECTION 1504.5.1,
AUTHORIZED VARIATIONS OF ARTICLE 15, SPI DISTRICTS.
Mayor Ferre: 112? Is there a motion?
Mr. Rodriguez: You haven't heard 112 at all.
Mayor Ferre: Oh, I see, okay. What is 112?
Mr. Rodriguez: 112 deals with three items. The major use is special permits,
the variations and the parking requirements for these changes in response to
the concerns expressed because of the article from the Miami Herald.
Mayor Ferre: All right, is there anybody here who wishes to address those
items? Is there anybody at the public hearing...?
133 my i 21983
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Senator Robert McKnight: Mr. Mayor, again my name is Robert McKnight. Mr.
Director, is that the one where there is a recalculation of large lot coverage?
Mr. Rodriguez: No.
Sen. McKnight: If I may inquire, Mr. Mayor - where is that animal? (LAUGHTER)
Mr. Rodriguez: Which one again?
Sen. McKnight: I believe there was a Staff proposal. I am sorry I didn't
have the benefit of the ordinance. I believe there was a Staff proposal that
was going to go back and make an amendment, a change to the calculations
for large lot areas.
Mr. Rodriguez: Okay, that would before the Planning Advisory Board on May
18th and before the Commission on May 31st.
Mayor Ferre: Okay, now is there anybody here who wants to speak to these
items. Are these controversial at this point?
i
Mr. Rodriguez: Not to us.
Mayor Ferre: 112. All right, this is on First Reading now, we understand,
right? Now, at Second Reading I think we need to go into this at a little
more depth. All right, do you want to move that on First Reading?
Commissioner Perez: Yes.
Mayor Ferre: Commissioner Perez moves. Plummer seconds. Further discussion
on First Reading only. Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY AMENDING SECTION
- 1504.5.1 ENTITLED "AUTHORIZED VARIATIONS" OF
ARTICLE 15 ENTITLED "SPI: SPECIAL PUBLIC
INTEREST DISTRICTS", AND SECTIONS 2803
ENTITLED "COMMISSION DISPOSITION OF FINAL
APPLICATIONS; CONSIDERATION OF RECOMMENDA—
TIONS" AND 2804 ENTITLED "EFFECT OF CITY
COMMISSION APPROVAL OF FINAL APPLICATION", OF
ARTICLE 28 ENTITLED "MAJOR USE SPECIAL
PERMITS: DETAILED REQUIREMENTS", BY PROVIDING
ADDITIONAL AND MODIFIED STANDARDS AND
REQUIRED FINDINGS AND DETERMINATIONS; FURTHER
AMENDING SAID ORDINANCE NO. 9500 BY AMENDING
SECTION 2011.1.1 ENTITLED "ESTABLISHMENT OF
LAND USE INTENSITY RATINGS BY LUX SECTOR MAPS
AND LUI TABLES" OF ARTICLE 20 ENTITLED
"GENERAL AND SUPPLEMENTARY REGULATIONS" AND
AMENDING TABLE 1 OF SHEET 1 AND TABLE 3 OF
SHEET 2 OF THE OFFICIAL SCHEDULE OF DISTRICT
REGULATIONS MADE A PART OF SAID ORDINANCE NO.
9500 BY REFERENCE AND DESCRIPTION IN SECTION
320, ENTITLED "SCHEDULE OF DISTRICT REGULA—
TIONS FOR DISTRICTS OTHER THAN SPECIAL
DISTRICTS; ADOPTION", OF ARTICLE 3, ENTITLED
"OFFICIAL ZONING ATLAS; OFFICIAL SCHEDULE OF
DISTRICT REGULATIONS" THEREOF, BY PROVIDING
INCREASED OFF—STREET PARKING IN CERTAIN
SECTORS; REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS THEREOF IN CONFLICT; AND
CONTAINING A SEVERABILITY CLAUSE.
134
MAY 121983
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Was introduced by Commissioner Perez and seconded by Commissioner Plummer
and passed on its first reading by title 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
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.
51. PERSONAL APPEARANCE: DON TEEMS AND RICHARD SICKING OF THE
FIRE FIGHTERS ASSOCIATION REGARDING INSURANCE,'PR.EMIL'MS,
PARTICULARLY AS REGARDS TO PENSIONEERS.
Mayor Ferre: Don, yes, we are going to take you up. Come on up. Go ahead.
Mr. Donald Teems: Don Teems, President of the Miami Association of Fire
Fighters. The are two issues that I would like to talk to you about
are insurance and pensions. What I would like to do is let our attorney,
Mr. Richard Sicking explain to you where we are at and what our problems are
from a legalistic standpoint on those two items, okay?
Mayor Ferre: Go ahead.
Mr. Richard Sicking: Mr. Mayor and members of the Commission, Good Evening.
I would like to talk about health group insurance first. We have come to
the point where we need policy direction from this Commission. A decision
has to be made whether these problems are going to be solved and that the
people who serve the public can go on with the business of serving the
public, instead of a policy of the Administration of dragging these things
on endlessly so that they serve as a sore to the moral of the men who serve
the public and provide essential services. Group insurance, as you know, is
an item in which the Administration has unilaterally increased premiums over
a period of thirteen months - first 57% and then 32%. This is an intolerable
amount of increase, and we have a solution. I will give you the solution
fast because you are short on time, and then I will tell you the why.
The solution is, Number one, separate the operation the operation of the
Group Health Insurance system away from the Administration and into the hands
of the employees, appointing different Trustees than those who now administer
the system. Furthermore, at the present time, you are current subsidizing
retirees at age 65 and over, but not those under age 65, the current cost
for that was $151,000. The present system is discriminatory, yet the present
trustees were unable to think of the simple solution of requiring those
retirees whether under 65 or over 65, who have other coverage to use the
135
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MAY 121983
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other coverage first, to be primary, and that the City's system should be
secondary so that if an employee retirees and works at another job or his
or her spouse works at another job and there is other coverage, that they
use that other coverage first instead of the City's system. Furthermore,
the present system does not have reinsurance and we would require reinsur-
ance. Now, let me tell you why these things are necessary. As you know,
the City went self -insured for group health insurance in 1978, and through
misthought, mismanagement or mistake, the Finance Director, the Risk Manage-
ment Director and the City Manager previously who previously administered
the City's liability trust were appointed to be the trustees for the group
health trust for the employees and that is an inherent conflict of inter-
est, as the Lord says, no man can serve two masters and they've got two
masters - the City for the Liability T.rust and the employees for the Group
Health Trust. And what have they done during their trusteeship, their
stewardship? Well, for example, between 1978 and Junezof 1981 the prev-
ious insurance company, Equitable, returner* a net -of 2.2 million dollars
in reserves and yet the interest on that 2.2 million has never been credited
to the Employees' Trust, instead it was credited to the'City's Liability
trust. Neither did the City make its own contractual contributions on
time, and this resulted in tremendous losses in interest to the Group Health
Employees Trust, for example, in fiscal year 78-79, the 2.6 million dollars
was not contributed until the end of the year. The average yield would
have been 10.2% and the trust lost $263,000 in interest due to their mis-
management.
Mayor Ferre: Counselor, you're getting into heavy stuff and we're either
in court or arbitration on most of these things. Now, what I want to do....
Mr. Sicking: The bottom line is they cost the City employees 1.1 million
dollars for their mismanagement.
Mayor Ferre: What I need to do
we can cut through all of this
got faith in Don Teems' ability
practical solutions.
is see if I can figure out a way in which
and come to some kind of a solution and I've
and the members of the Union to come to
Mr. Don Teems: Mr. Mayor, we'd like to do that, our problem is that we're
getting, the administration won't negotiate with us. Their contention is
that they can do this, that it is a unilateral change that they can make,
in fact, I expected to be able to address insurance with you when they
brought the new increase of 32% before the Commission for your approval,
but I understand they're saying that they don't have to bring that before
you for your approval. So that is why we're having to bring it before you.
We would be willing to sit down and negotiate but the administration has
already implemented the 32% increase.
Mayor Ferre: Look, what do you want us to do today that is reasonable?
We've got 15 minutes left.
Mr. Teems: I want you to stop the increase by the administration of the
32% at least and let us sit down and negotiate a settlement on it. That's
what I want you to do.
Mayor Ferre: Mr. Manager, do you want to answer that? What is the admin-
istration's position?
Mr. Gary: Me and Mr. Sicking have gotten to a different point where we
use different adjectives to describe each other. Mr. Mayor, this is a
case that is in arbitration. I would recommend to the City Commission
that I will sit down and talk to them but I would not agree with the reci-
sion of the 32% till we sit down and talk.
Mayor Ferre: Okay, look, that is one step forward. Now, Mr. Manager, I
know you've got a lot of pressures on your time, and you recently were ill
because you were working a little bit more than you should and all of that,
so when reasonably can you see them? I mean in June?
Mr. Gary: Mr. Mayor, I will give this my top priority.
136
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MAY 121983
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Mayor Ferre: Okay, that's good enough for me, if he says that, Don, I
think that is very significant.
Mr. Teems: I don't know what.... tell me.....
Mayor Ferre: Well, what it means is that he will meet with you and he will
meet with you soon, but I'm not going to press him beyond that. He said he
will give this his top priority, now, he means what he says.
Mr. Teems: Okay, my problem, Mr. Mayor, is that if I wait to act, the 32%
is not in the grievance procedure yet, Mr. Gary, the 57% is but the 32% is
not yet. But if I wait, I lose my right to grieve it. My point is that
the subject of insurance rate increases have to be a subject of bargaining.
That is my point and you've got to tell us yes or no and then we go from
there.
Mayor Ferre: I'm not telling you anything outside of what the law....
Mr. Gary: Mr. Mayor, I would suggest he exercise his right, that he exer-
cise the rights that he has and simultaneously we sit: down and talk.
Mr. Teems: And then Mr. Gary will say, "All you do is take us to court."
Mr. Gary: Don, let's be fair.
Mr. Teems: I.'m trying to, Mr. Gary, but fair is fair.:
Mayor Ferre: Hey, the man says he will give this his 'top priority, I think
that is an important position that he has taken and*I,think you ought to
give him the benefit of the doubt and sit down and talk to him and let's see
what comes out of it.
Mr. Teems: Okay, with the understanding that we're going to go ahead, you
know we can't lose our position.
Mayor Ferre: Don, you have to do what you have to do. Do it. I understand.
Mr. Teems: Okay, that's Item 1.
Mayor Ferre: Go ahead.
Mr. Sicking: Item 2 is variable annuity. Have you heard that before?
Mayor Ferre: Yes, I've heard that before.
Mr. Sicking: That is an item which the Commission passed and is part of
the Code since 1969 and which was calculated and paid once after that and
then for many many years they never even bothered to calculate it. It was
calculated once in 1981 at which time it was determined that there was an
amount owed to the retirees but it was never paid. The accountant subse-
quently determined that that was miscalculated, it is now up into the mil-
lions and it hasn't been paid. This is another one of those items where we
need to get this thing over with and the Manager needs direction, needs policy
from this Commission to solve the variable annuity question. We have presented
items on this several times going back to last year and have been stonewalled
and told, "We will not discuss that with you." That is not going to solve it.
Mayor Ferre: Mr. Manager?
Mr. Gary: Mr. Mayor, that is totally inaccurate. We have had discussions
in Mr. Sicking's office on variable annuity for the last three years. Now,
the issue that he is raising now is the renegotiation of something I thought
we had agreed to before which fell between the cracks in terms of variable
annuity. We have a committee established in terms of settling the Gates Case
and that is one of the issues on the table and I would suggest this is an
inappropriate place for us to be discussing that since we have a committee
that everybody has agreed to that will negotiate these items.
Mr. Teems: Quick again, this committee, we're not involved in it. We were
supposed to be involved in it, they have had at least two meetings in the
last few weeks that we weren't even notified of, nor were the F.O.P.
Mayor Ferre: Mr. Manager, shouldn't they be invited?
137 MA-1 121983
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Mr. Gary: Mr. Mayor, they're a part of the committee and I don't know why
they were not at the meeting.
INAUDIBLE RESPONSE
Mayor Ferret We're not going to get into a discussion as to whether you
were invited to the party or you weren't invited to the party. Mr. Manager,
through I guess, who is the Chairman, Randy? Is George the Chairman?
Mr. Gary: George and Randy co-chair.
Mayor Ferret Mr. Manager, through you to George and Randy, would you make
sure that they invite them the next time they have a meeting? Okay? Any-
thing else?
Mr. Sicking: Time frame. There are some people who think that May 25th
is the deadline.
Mayor Ferret Why?
Mr. Teems: Because, Mr. Mayor, the City's,,adminis.tration is contending that
Gates and the shortfall suits are settled. They are contending that right
now. I know you've heard it.
Mr. Gary: Mr. Mayor, obviously we cannot assume something is settled....
Mayor Ferre:' Until it is signed.
Mr. Gary: Until it is signed by the affected parties, and by this Commission.
Mayor Ferret So, what is our answer on that?
Mr. Gary: It is a moot issue.
Mr. Teems: Are they settled?
Mr. Gary: No, they aren't. They are not.
Mayor Ferret They are not settled until you have a signature and the City
has a signature on a piece of paper.
Mr. Plummer: And this Commission approves.
Mayor Ferret Well, obviously he can't sign it until we approve it.
Mr. Gary: The Commission obviously has to approve it.
Mr. Teems: Okay, I don't think that is what they told the bond people.
Mayor Ferret Hey, these are grown people.
Mr. Teems: I know they are, I realize that, sir.
Mayor Ferret And we have been caught in these binds before, I hope that
that is_not going to create a problem with our bonds and all that kind of
stuff but there we are. Okay?
Mr. Plummer: When do you contemplate, Mr. Gary, that that item will come
before the Commission for approval?
Mr. Gary: I'll have to get back to the Commission with a date, Mr. Plummer.
I can't give you anymore than that right now.
Mr. Plummer: Okay, I'll tell you what then, if you don't want to give me
a date I'll tell you what you are going to give me on the 31st. You're
going to give me a full report and you're going to give me a date on the
31st for certain.
Mr. Gary: Yes, sir.
Mayor Ferret Okay?
i.
Mr. Teems: My point is, I guess again, if we do have a May 28th deadline
because we understand that is the time that the bonds are going to be passed
and there are some errors in that prospect us and welli have to bring it up
at that time, before then really.
MAY 1219Q3
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Mayor Ferre: We'll have to do that, I understand. Hey, we're all grown....
Mr. Gary: That's smart, ain't doing nothing but hurting themselves. That's
why they all ought to live in the City, so they pay taxes.
Mayor Ferre: All right, we don't need to vote on any of these things do
we?
Mr. Gary: No, sir.
52. AUTHORIZE EXPENDITURE OF $7,500 FOR UNDERWRITING PRODUCTION
COSTS OF TELEVISION COVERAGE OF 1983 CHAMPION SPARK PLUG
UNLIMITED HYDROPLANE REGATTA BY ESPN CABLE.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption: �0
RESOLUTION NO. 83-388
A RESOLUTION AUTHORIZING THE OFFICE OF STADIUMS TO EXPEND
$74500 FROM THE FISCAL YEAR 1982-83 ORANGE BOWL OPERATING
BUDGET FOR THE PURPOSE OF UNDERWRITING THE PRODUCTION COST
TO THE CITY OF MIAMI OF TELEVISION COVERAGE'OF THE 1983
CHAMPION SPARK PLUG UNLIMITED HYDROPLANE REGATTA BY ESPN
CABLE TELEVISION NETWORK; SAID MONEY TO BE RETURNED TO THE
FISCAL YEAR 1982-83 ORANGE BOWL OPERATING BUDGET IF THERE
ARE SUFFICIENT TICKET PROCEEDS FROM THE REGATTA.
(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.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins and Commissioner Joe Carollo.
f•
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53. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT, CHAMPION SPARK
PLUG COMPANY, FOR STAGI14G 13TH ANNUAL CHAMPION SPARK PLUG
REGATTA.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 83-389
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH CHAMPION SPARK PLUG COMPANY FOR THE STAGING
OF THE THIRTEENTH ANNUAL CHAMPION SPARK PLUG UNLIMITED
REGATTA AT MIAMI MARINE STADIUM ON JUNE 3, 4, AND 5, 1983,
IN SUBSTANTIAL CONFORMANCE WITH THE TERMS AND•CONDITIONS
AS SET FORTH IN THE ATTACHED AGREEMENT.
(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.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins and Commissioner Joe Carollo.
54. DISCUSSION AND TEMPORARY DEFERRAL: APPOINTMENT OF MEMBERS
TO THE WATERFRONT BOARD.
Mayor Ferre: All right, now the first one is Item 10, Stuart Sorg, quickly,
Mr. Sorg.
Mr. Stuart Sorg: My name is Stuart Sorg, Chairman of the Waterfront Board.
First of all, the item involving the Hydrofoil will be withdrawn, we haven't
gotten the study. I'd like to drop down to the members of the Waterfront
Board, we need 7 new members and 2 alternates. I've made some suggestions
to you, if you want to change those suggestions that's fine, if not, I'd
appreciate if we'd just approve it and move on.
Mayor Ferre: Suggestions on changes in what?
Mr. Sorg: We need 7 new members of the Waterfront Board, I've just made some
suggestions there. They have been all given to you, if you want to add to
or take away.
Mayor Ferre: I'll tell you who I have. Group I, Richard Corg, recommended
by the Marine Council, Group III, Michael Chenowitz recommended by Marilyn
Reed and the environmental group, Group IV Peter Clements, whoever he is.
Mr. Sorg: Mr. Mayor, we need a black on the Waterfront Board and that is
where he fits into it.
Mr. Plummer: Stuart, is your term up?
Mr. Sorg: No, sir, where the yellow marks are are the people that are still
serving, if you look at the list I just gave you.
140 MAY 121983
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Mayor Ferre: Let me finish my list now because Marie has been working on
this. Goup vI is Bill Harrison and Juan Portuondo and alternates are Jimmy
Allen and Bob Rich Junior. Now, I've got to tell you that I don't think I
know any of these people.
Mr. Sorg: Look at the yellow list I just gave you.
Mayor Ferre: Now you're recommending Rick Preston.
Mr. Sorg: No, I'm recommending where the check is, Rick Allen.... We've
never had anybody from the Greater Miami Marine group on...
Mayor Ferre: Nov, I don't know Mr. Corg from Adam.
Mr. Sorg: Well, I think Rick Allen, they own Southern Boating, they've never
been on, it is a very fine family, I would certainly recommend them.
Mayor Ferre: Well, I'm not worried about what kind of a family because
remember we're more worried about what kind of a person he is.
Mr. Sorg: A good boating family.
Mr. Plummer: You're talking about Jimmy Allen or Rick Allen?
Mr. Sorg: Rick Allen, they own the Southern Boating Magazine.
Mr. Plummer: But he's not on this list.
Mr. Sorg: Yes, he is, on the one I just gave you.
Mayor Ferre: Hey, but we agree with Michael Chenowitz, Okay?
Mr. Sorg: Fine, that's for number III, that's the environmentalist.
Mayor Ferre: And we also agree on Juan Portuondo.
fir. Sorg: Absolutely, and Jimmy Allen in number IV who is the Miami -Dade
Chamber of Commerce. We don't have any black members, Mayor.
Mayor Ferre: Yes, but I tink they're recommending Humberto Pellon.
Mr. Sorg: Who is that?
Mayor Ferre: Also from the Latin Chamber of Commerce.
Mr. Sorg: Well, we've got to get a black on there, we don't have any.
Mayor Ferre: Well, I'm talking about Latin now, Humberto Pellon is the
Latin.
Mr. Sorg: We've got him down at the bottom as an alternate, if you look at
the list I have.
Mayor Ferre: Yes, I see it.
Mr. Perez: But Jimmy Allen is recommended by the Miami -Dade Chamber of Com-
merce.
Mr. Sorg: We only have one, one man, that's all and that is the only cate-
gory he can -fit into.
Mayor Ferre: Is Jimmy Allen the only black recommended here?
Mr. Sorg: Yes, sir, he is an urban planner and he is very good.
Mayor Ferre: Well, I'm for him.
Mr. Sorg: All right, we need to drop down Juan Portuondo and then Commis-
sioner Carollo has a man who is right here, sir, standing at the doorway
for number IV.
Mayor Ferre: That's fine with me.
Mr. Sorg: Well, then we have approved the list then if that's all right
with everybody, 141
rt MAY 12 1983
4 i
Mr. Plummer: That's only four.
Mr. Sorg: Rick Allen, Michael Chenowitz, Jimmy Allen, Juan Portuondo and
Armando......
Mayor Ferre: No, sir, no, sir. Hey, look, I'll let you win one or two and
I'll tell you what, I'll let you win three or four but you can't win all
eight. You know? You just can't grab the ball and run with it and say every-
thina_ is mine. Come on. I mean you know, let's give and take a little bit.
What is this? I mean so you're going to approve the list as I.... No, I'm
not. You don't have my vote. Now come on, you know, give and take a little
bit here, Admiral.
Mr. Sorg: Commander. Let's go back and start through. Group I, do we
stand with Rick Allen?
Mayor Ferre: No, can we all agree on Michael Chenowitz, because he doesn't
have any competition?
Mr. Sorg: He is Group III.
Mayor Ferre: I'm just trying to get agreements here. Nobody objects to
Michael Chenowitz, is that Okay?
Mr. Sorg: But Maurice, he's got to go into categories..
Mayor Ferre: Sir, I understand that. Admiral, it is group III Michael
Chenowitz. Now, I'm trying to get, you know, a little bit of understanding
here. Now, are there any other blacks other than Jimmy Allen?
Mr. Sorg: He's the only one.
Mayor Ferre: Well then we've got to go with Jimmy Allen in item 4. Marie, I
want you to understand.
Mr. Gary: Hey, can I get Carollo in here for my four votes? Plummer is getting
ready to leave in five minutes.
Mr. Plummer: Yes, I'm going to row, row the boat right out of here.
Mayor Ferre: Marie, there are no Blacks, see, so we've got to have Jimmy
Allen.
Mr. Sorg: And then down in number 6, block 3, Juan Portuondo.
Mayor Ferre: I think everybody agrees with Juan Portuondo. Is everybody in
agreement with that? All right.
Mr. Sorg: And number 4 is Commissioner Carollo's appointment, Armando
Gutierrez 'an attorney, and he is here.
Mayor Ferre: Armando Gutierrez is back here someplace and I've got no prob-
lems with that because you know, he's entitled.
Mr. Carollo: My appointment is Armando Gutierrez.
Mr. Plummer: Joe, it is on there.
Mr. Sorg: And the alternates are Pellon and Michael Balf or whomever you
want, Humberto Pellon. Do you want somebody else?
Mr. Perez: Yes, Rafael Hugut.
Mayor Ferre: Can you put him on as an alternate?
Mr. Sorg: Yes, sir. Humberto Pellon.
Mayor Ferre: All right, so make one Humberto Pellon and the other one Rafael
Hugut.
Mr. Sorg: He'll be the Greater Miami Businessmen's Association on the river,
that will be good.
Mayor Ferre: All right. Now, who are we missing?
Mr. Sorg: That's everybody. 142
rt
MAY 121,383
I
4
Mayor Ferre: Where are you going to put Peter Clements, Marie?
Mr. Sorg: We've got Rick Allen at the top, Group I.
Mayor Ferre: And we have Richard Corg at the top.
Mr. Sorg: Well, let's put him in there then.
Mayor Ferre: I don't know him from Adam.
Mr. Sorg: But the Allen family is a strong very good boating family.
Mayor Ferre: Stuart, I'm not interested in what kind of a family he is coming
from, I'm interested in what the guy is qualified....
Mr. Sorg: They put this magazine out that you've seen, they've been doing it
for years.
INAUDIBLE STATEMENT FROM AUDIENCE
Mayor Ferre: Does he live in Ft. Lauderdale?
Mr. Sorg: Well, they can't be on it then.
Mayor Ferre: That's it. So then how about Richard Corg, where does he live?
Does anybody here know Richard Corg?
UNIDENTIFIED SPEAKER SPEAKING FROM AUDIENCE WITHOUT MICROPHONE: Mr. Corg lives
in Coral Gables and he is employed in Miami.
Mayor Ferre: Okay, do you know him?
UNIDENTIFIED SPEAKER: Yes, he is a member of the Marine Council.....
Mayor Ferre: All right, but see, I read the resumees and I've got to tell
you the most impressive of all of them was Richard Corg.
Mr. Sorg: Well, he fits in that group right there.
Mayor Ferre: I don't know him from Adam, like I said, but on paper he is
impressive. Liow, he is the Marine Council's recommendation?
INAUDIBLE STATEMENT FROM AUDIENCE
Mayor Ferre: Okay. Corg is acceptable to you.
Mr. Carollo: Mr. Mayor, if you recall, we had agreed upon that for all boards
one of the requirements was going to be that they would have to be City resi-
dents.
Mayor Ferre: Or work in the City of Miami.
Mr. Carollo: No, we did not include work in the City of Miami, we included
City residents.
Mayor Ferre: Well, see, but the problem with that is that then you're going
to have to knock half of these people out and you're not going to find.....
Mr. Carollo: Yes, but what I'm finding out more and more is that Miami is
being run by people that don't live here. You know.....
Mayor Ferre: Hey, look, I'm voting for Armando Gutierrez.
Mr. Carollo: He lives in the City of Miami.
Mayor Ferre: Okay, and I am only recommending one person and that is
Richard Corg and I don't even know the man. Okay? Now, Michael Chenowitz
is being recommended and Marilyn, is Michael Chenowitz a Miamian, does he
live or work in Miami?
Mr. Gary: Yes.
Mayor Ferre: Does Jimmy Allen live or work in Miami? Does anybody know that?
rt
143 -
MAY 121 983
0
Mr. Sorg: He works in Miami, as a matter of fact, he was with Ron Frazier's
firm about three months ago, I guess.
Mayor Ferre: How about Juan Portuondo? Yes, sir.
Mr. Peter Clements: I'm Peter Clements, one of the people.
Mayor Ferre: I've got you on my list.
Mr. Clements: I'm one of the people that the Marine Council put up, I'd
like to say I live in the City of Miami, I work in the City of Miami. For
four years I've been a director of the Marine Council, I work in the marine
community and I'm genuinely interested in serving.
Mr. Carollo: Good, you're the kind of people we want.
Mr. Clements: Thank you.
Mr. Gary: Mr. Mayor, there are some items I need four votes, I've got Com-
missioner Plummer walking out, can we take those items up before? Please,
sir. .0
Mr. Sorg: Just decide on what you want on Group I and we've got it made.
Mayor Ferre: Hold off, would you please.
55. EMERGENCY ORDINANCE: INCREASE APPROPRIATIONS FOR F.E.C.
PARK ACQUISITION ITEM VI., B-20, TO A TOTAL AMOUNT OF
$20,298,300.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
9534, ADOPTED DECEMBER 9, 1982, THE CAPITAL IMPROVEMENT
APPROPRIATION ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEM-
BER 30, 1983; AS AMENDED; BY INCREASING FUND BALANCE RE-
SOURCE IN THE 1972 PARK AND RECREATIONAL FACILITIES GENERAL
OBLIGATION BOND FUND BY AN AMOUNT OF $800,000, BY TRANSFER-
RING AN AMOUNT OF $200,000 FROM A CONTRIBUTION FROM THE
CAPITAL IMPROVEMENT FUND, UNANTICIPATED INTEREST EARNED TO
ESTABLISH SAID RESOURCE IN THE 1972 PARK AND RECREATIONAL
FACILITIES GENERAL OBLIGATION BOND FUND, AND BY DECREASING
APPROPRIATIONS FROM REMAINING PARKS FOR PEOPLE DISTRICT I
IMPROVEMENTS, ITEM VI.B.13, BY DECREASING APPROPRIATIONS
FOR REMAINING PARKS FOR PEOPLE DISTRICT I IMPROVEMENTS,
ITEM VI.B.13, BY AN AMOUNT OF $50,000, TO INCREASE APPRO-
PRIATIONS FOR FEC PARK ACQUISITION, ITEM VI.B.20, BY THE
TOTAL AMOUNT OF $1,050,000 TO $20,298,300; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DECLAR-
ING AN EMERGENCY AND DISPENSING WITH THE READING OF THIS
ORDINANCE ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE COMMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner Perez,
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 Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT; Commissioner Miller J. Dawkins
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Perez, adopted said ordinance by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Ma TA
A. Ferre -MAY 121983
E
i
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9617.
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.
S6. WAIVE REQUIREMENT OF COMPETITIVE SEALED BIDS FOR LJNG DISTANCE
TELEPHONE SERVICES - SUNCOM.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption: /
RESOLUTION NO. 83-390
A RESOLUTION WAIVING THE REQUIREMENT OF COMPETITIVE SEALED
BIDDING AND AUTHORIZING THE CITY OF MIAMI TO•.:ENTER INTO AN
AGREEPIENT WITH THE STATE OF FLORIDA FOR LONCs DISTANCE TELE-
PHONE SERVICES; WITH FUNDING THEREFORE ALLOCATED FROM DEPART-
MENTAL BUDGETED FUNDS, SAID AUTHORIZATION BEING SUBJECT TO
AVAILABILITY OF FUNDS; FURTHER PROVIDING FOR THE ADOPTION
OF THE FINDINGS AND CONCLUSIONS SET FORTH IN THE PREAMBLE
OF THIS RESOLUTION.
(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
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins.
0
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145 MAY 121983
0
57. WAIVE REQUIREMENTS AND PROHIBITION CONTAINED IN CITY CODE 2-302
TO PERMIT JOSE A. GARCIA TO PARTICIPATE IN THE H0ME RENOVATION
AND REHABILITATION PROGRAM.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 83-391
A RESOLUTION WAIVING THE REQUIREMENTS AND PROHIBITION CON-
TAINED IN CITY CODE SECTION 2-302; BY FINDING, AFTER A
DULY ADVERTISED PUBLIC HEARING, THAT IT IS IN,.THE BEST
INTEREST OF THE CITY TO PERMIT JOSE A. GARCIA, AN EMPLOYEE
OF THE BUILDING AND VEHICLE MAINTENANCE DEPARTMENT, TO
PARTICIPATE IN THE HOME RENOVATIOf AND REHABILITATION PRO-
GRAM ADMINISTERED BY SAID DEPARTMENT'S HOUSING DIVISION
THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM OF
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
NOTE: There were no objectors who came forward to speak on this item.
58. WAIVE SEALED BIDS AND AUTHORIZE PURCHASE IN OPEN MARKET OF
MAJOR COLLISION DAMAGE REPAIRS TO CITY VEHICLES FOR CITY
DEPARTMENTS .
NOTE: There were no objectors who came forward to speak on this item.
Mayor Ferre: I only have one proviso, Mr. Manager, and that is that 25%, that
we comply with the minority requirements that the City of Miami Commission has
previously put into effect in all purchases of materials and services and that
you inform the Commission as to who got these bids and why they were chosen so
that we have that as a matter of public record.
Mr. Gary: Yes, sir.
M
Q
MAY 121983
RT
rl
V
U1
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 83-392
A RESOLUTION WAIVING THE REQUIREMENT FOR FORMAL SEALED BIDS
AND AUTHORIZING THE PURCHASE IN THE OPEN MARKET OF MAJOR COL-
LISION DAMAGE REPAIRS TO CITY VEHICLES FOR THE DEPARTMENTS
OF BUILDING AND VEHICLE MAINTENANCE AND FIRE, RESCUE AND IN-
SPECTION SERVICES AT A TOTAL ESTIMATED ANNUAL COST OF $100,000;
ALLOCATING FUNDS THEREFOR FROM THE SELF-INSURANCE TRUST FUND;
AUTHORIZING-TqE CITY MANAGER TO INSTRUCT THE PURCHASING AGENT
TO ISSUE PURCHASE ORDERS FOR THIS SERVICE; FURTHER PROVIDING
FOR THE ADOPTION OF THE FINDINGS AND CONCLUSIONS SET FORTH IN
THE PREAMBLE OF THIS RESOLUTION BY A TWO-THIRDS VOTE OF THE
MEMBERS OF THE COMMISSION.
(Here follows body of resolution, omitted here.and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Pe^fez, 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.
59. WAIVE REQUIREMENTS FOR SEALED BIDS FOR AUTOMATED DRAFTING
AND DESIGN SYSTEM FOR DEPARTMENT OF PUBLIC WORKS
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 83-393
A RESOLUTION WAIVING THE REQUIREMENTS FOR FORMAL SEALED BIDS
FOR FURNISHING AN AUTOMATED DRAFTING AND DESIGN SYSTEM FOR
THE DEPARTMENT OF PUBLIC WORKS; FURTHER AUTHORIZING THE PUR-
CHASE FROM HOLGUIN AND ASSOCIATES AND HEWLETT-PACKARD AT A
TOTAL PROPOSED COST OF $175,000; AUTHORIZING THE CITY MANAGER
TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT; FURTHER PROVIDING
FOR THE ADOPTION OF THE FINDINGS AND CONCLUSIONS SET FORTH IN
THE PREAMBLE OF THIS RESOLUTION BY A TWO-THIRDS VOTE OF THE
MEMBERS OF THE COMMISSION.
(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
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Ferre: Now, Mr. Manager, on this 96, Automatic Drafting and Design
System, this is something that is going to save us a lot of money?
Mr. Gary: It is going to save us a lot of money and it allows us to expedite
rt 147 MAY 121983
r]
the system in terms of sewering the whole City quicker.
Mayor Ferre: Okay.
60. RESOLUTION NAMING INDIVIDUALS TO THE WATERFRONT BOARD.
Mayor Ferre: Put the mike back on for the Admiral, will you?
Mr. Stewart Sorg: We've got Peter Clements, Michael Chenoweth, Jimmy Allen,
Juan Portuondo, Armando Gutierrez, Humberto Pellon and Ralph Huguet.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 83-394
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE ON
THE MIAMI WATERFRONT BOARD.
(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
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
61. MOTION RECOGNIZING MIAMI RIVER COORDINATING ASSOCIATION
WITH DESIRE TO JOINTLY PROMOTE GOALS CONCERNING THE MIA24I RIVER,
ETC.
Mayor Ferre: Okay, now what else have you got?
Mr. Sorg: Very quickly on the Miami River Harbours and Rivers Department,
I think we're all in agreement that we need some time to work on it. What
I'm asking is that the Commission delay the Second Reading for six months
and at that time give them time to organize to do what they want to do, in
the meantime, let us do a study with the Waterfront Board, Rodriguez and the
Miami River Businessmen's Association to see whether the ordinance is truly
needed.
Mayor Ferre: Admiral Hydrofoil, I have before me here a letter dated 12th
of May, the Marine Council, C. Frazier Knight. And he says he is strongly
opposed to the passage of an ordinance and so on.
Mr. Sorg: Well, that's only one organization, sir. That's why I'm saying
let's delay the Second Reading for six months.
Mayor Ferre: Is this the letter you just gave me? Are you opposed? And
I'll tell you my spokesman is sitting in the back of the room.
Mr. Sorg: Well, let me just talk just a minute, Maurice. This ordinance
was dealing with Little River, Morningside, Virginia Key, Downtown Miami,
Coconut Grove, all of the City's waterfront assets. It's not just the Miami
River. We need six months delay so we can benefit some other parts of the
rt 148 MAY 121983
City and that is what we agreed upon, that we would take a six month delay
on the Second Rcal'.ng.
Mayor Ferre: Mr. Aanager, what is your recommendation, and then we'll hear
from the Commission?
Mr. Gary: Mr. Mayor, I recommend we defer this item for six months, a year.
Mayor Ferre: Commissioner Carollo?
Mr. Carollo: Go ahead, put Dave on there.
Mr. David Block: The whole waterfront community and Stewart agreed that a
resolution at this time would be better served than to go ahead with an ordin-
ance so that we could work with the City to benefit the Miami River.
Mayor Ferre: Do you agree with that?
Mr. Sorg: Yes, sir.
Mr. Block: And as soon as the resolution is passed, that automatically brings
the State in tomorrow. .01
Mayor Ferre: Is everybody in agreement with the resolution?
Mr. Block: Yes, sir.
Mayor Ferre: Everybody in agreement? Anybody here irr•disagreement with the
resolution? Is anybody against this resolution?
Mr. Sorg: No, everybody is for the resolution.
Mayor Ferre: Including you?
Mr. Sorg: Yes, sir. But we want to postpone the Second Reading six months
though.
Mayor Ferre: There is no Second Reading, a resolution doesn't require a
Second Reading.
Mr. Sorg: But that is on the resolution to create the Department which passed
on the First Reading.
Mayor Ferre: No, sir, that's an ordinance.
Mr. Sorg: An ordinance, yes.
Mayor Ferre: We're not passing an ordinance tonight, Stuart.
Mr. Sorg: No, the Second Reading is due tonight.
Mr. Block: We're all in agreement including Stuart on the resolution,
right, Stuart?
Mr. Sorg: Exactly.
Mr. Block: And we want to work with the administration including Stuart
to work with the State starting tomorrow.
Mayor Ferre: Hey, you're ahead now, don't talk anymore.
Mr. Block: Okay.
Mayor Ferre: Now, who is going to move Mr. Block's resolution?
rt
149 MAY 121983
Mayor Ferre: Okay, is everybody agreeing with the resolution?
Mr. Block: Yes, sir. Everybody.
Mayor Ferre: Is anybody here disagreeing with the resolution?
Mr. Block: No, put your hand down, Marilyn. She is in agreement.
Mayor Ferre: Is anybody against this resolution?
Mr. Sorg: No, everybody is for the resolution.
Mayor Ferre: Including you?
Mr. Sorg: Yes, sir, but we want to postpone the Second Reading six
months, though.
i
Mayor Ferre: There is no Second Reading! Resolutions don't apply to
Second Readings.
Mr. Sorg: But... that's on the resolution that created the problem which
passed on the First Reading.
Mayor Ferre: No, sir. That -is an ordinance!
Mr. Sorg: Any ordinance, you mean. Yes.
Mayor Ferre: We are not passing an ordinance tonight, Stuart.
Mr. Sorg: The Second Reading is due tonight.
Mr. Block: We are all in agreement, including Stuart, on the resolution,
right, Stuart?
Mr. Sorg: Exactly!
Mayor Ferre: All right!
Mr. Block: And we want to work with the Administration, including Stuart,
to work with the State, starting tomorrow.
Mayor Ferre: Hey, hey, you are ahead now! Don't talk anymore!
Mr. Block: Oh, okay.
Mayor Ferre: Who is going to move Mr. Block's resolution?
Mr.Sorg: I recommend the City accept the resolution.
Mayor Ferre: All right. Come one, let's go, who is going to move the
resolution?
Mr. Carollo: Moved. Yes, I move it.
Mayor Ferre: Carollo moves the resolution.
Mr. Perez: Second.
Mayor Ferre: Perez seconds. Here is a copy of it for the Clerk.
Mr. Block: We will get that, Bob.
Mayor Ferre: Further discussion? Call the roll.
ld 150 »s3
MAY 12
i
The following motion was introduced by Commissioner Carollo, who moved its
adoption:
MOTION NO. 83-395
A MOTION RECOGNIZING THE MIAMI RIVER COORDINATING ASSOCIATION
AND INDICATING A DESIRE TO JOINTLY PROMOTE GOALS CONCERNING
THE MIAMI RIVER AND ENCOURAGING COOPERATION BETWEEN THE
PRIVATE SECTOR AND LOCAL GOVERNMENT WITH REGARD TO MARINE
DEVELOPMENT OF THE MIAMI RIVER AND GOING ON RECORD IN
SUPPORT OF M.R.C.A.'S OBJECTIVE OF IMPROVING TRADE, COMMERCE,
TOURISM, RECREATIONAL BOATING, SHIPPING, PUBLIC ACCESS,
HISTORICAL AWARENESS, AND ENVIRONMENTAL ENHANCEMENT OF THE
RIVER.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote: 10
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 Item 28 was continued for a period of six
months to one year.
--------------------------------------------------------------------
62. PERSONAL APPEARANCE: RAYMOND FOXWORTH, EXECUTIVE DIRECTOR OF
FLORIDA ECONOMIC DEVELOPMENT CORPORATION; REFERRED TO CITY
MANAGER.
Mayor Ferre: All right, Item Number 11 - Raymond Foxworth. Mr. Manager,
Mr. Foxworth has been very patiently sitting here. We all know what this is
all about, and what is the Administration's recommendation in regards to the
Florida Economic Development Corporation concerning funds?
Mr. Raymond Foxworth: Good Afternoon, my name is Ray Foxworth and I would
like to say Good Evening to Mayor Ferre, the Commissioners and to the City
Manager, Howard Gary. I would first like to say that we have submitted
proposals last year to be for funding for the Florida Economic Development
Corporation. We...
Mayor Ferre: Ray, I don't mean to rush you, but you are about to lose
people - it -has been a long day. Get to the point. Forget all the speech.
What is it that you want?
Mr. Foxworth: We are asking for funding of approximately $52,000 for the
operation of Florida Economic Development Corporation.
Mayor Ferre: All right, Mr. Manager, have you had an opportunity to look
at this?
Mr. Gary: Mr. Mayor, this is a little complex, and what I would suggest is
that ... because there is some competition between various organizations, that
we sit down and identify what is best for that area and set up our.
Mayor Ferre: All right, Mr. Foxworth, the Commission instructs the Manager
to sit down with you and with his staff and deal with this and come back
with a recommendation and the appropriate...
ld 151 MAY 121900
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u
Mr. Carollo: Howard, I will tell you when I would like for you to come back
with your reco®endations and for the Commission then to hear ... well, I wouldn't
even say both sides - there are three groups - the Administration, Mr. Foxworth,
and I understand there are some other people in another group from the same
area, basically, so what I would like to do is hear it at the next ... well,
either meeting on the 9th or on the 15th.
Mayor Ferret But, I want your recommendations at that point.
Mr. Carollo: Yes.
Mayor Ferre: Okay, Mr. Foxworth?
Mr. Foxworth: Yes, that is okay with me. When will we be able to sit down
wth you?
Mr. Gary: I will give you a buzz. I'll call you. 24-B.also is...
63, REQUEST FOR FUNDING OF EDISON BUENA VISTA LOCAL DEVELOPMENT
CORP. REFERRED TO CITY MANAGER.
Mayor Ferret I am going chronologically now. The next...
Mr. Gary: No, Mr. Mayor, this accordance with what Commissioner Carollo
recommended. 24-B is one of those ¢rOUDS that...
Mavor Ferret The Edison Buena Vista Local Development Corporation and those
of you that are here on that. whatever is good for them is the same thine
for vou. okav?
Mr. Carollo: Howard, can you make sure that somebody from your staff gets
a hold of them by no later than the beginning of next week to set up some
times to meet with both groups and bring it back before the Commission no
later than June 15th. That is approximately a month.
Mr. Gary: That is good. Thank you.
Unidentified Speaker:We are here today not asking for a new fund on this particular
organization. Edison Buena Vista Development had a contract with the City of
Miami and we have some problems there. We have reorganized the corporation.
We are trying to get a building back that was taken by the other people...
Mayor Ferre: Sir...
Unidentified Cpeal:er:And I want to be sure that ve AYe not mixine with anybody else..
Mayor Ferret I understand.
Mr. Carollo: They have been here, Mr. Mayor, since this morning.
Unidentified Speaker:Okay,we are here —this corporation nas been with the
City before. It is not a new one. All that'we want is that the City knows
what we have been doing for one year - trying to recover the monies from
the City that was mismanaged in the corporation. And we reorganized the
corporation and we want the contract back and the corporation.
Mayor Ferret We will be dealing with it, as Commissioner Carollo said at
a subsequent meeting. Thank you, sir.
Mr. Carollo: Thank you all for waiting so patiently all day today.
152 MAY 121983
64. PERSONAL APPEARANCE: DAVID BLANCHARD, EXECUTIVE DIRECTOR OF
FLORIDA VIETNAM VETERANS LEADERSHIP PROGRAM, CONCERNING USE OF
OFFICE SPACE FOR HENDERSON PARK. (This item and agenda item 68
were continued to June 9th).
Mavor Ferre: The next item is David G. Blanchard. Executive Director of
Florida Vietnam Veterans. Is Mr. Blanchard here? All right now. Mr.
Manager, I've got no problems in going on Item 68. provided however. that
it has won your approval - I mean the Administration's approval, and two,
that we have given the neighbors an opportunity to have their say, and if
there is any... if all of a sudden, all of the neighbors around Henderson
Park are totally opposed to this, then I want to hear about it before we
make the final decision.
Mr. Carollo: Well, the contract will be on a month to month basis.
Mr. David Blanchard: I understand.
Mr. Gary: Mr. Mayor, I think...
Mayor Ferre: I just don't want for this to happen and then have a hundred
people show up here. I don't think it is going to happen, frankly, but
I want to just.put that as a proviso.
Mr. Blanchard: Our program is not to have them coming into our office. We
are going to refer them to places like the Vets Center, the V. A., the jobs
and this sort of thing. Some will come there, but...
Mayor Ferre: Hey, listen, I think one of the most mistreated people in
our society have been the Vietnam Veterans and you guys were soldiers for
your country, and anyway you slice it, I think...I know there are a lot
of problems, but there have been a lot of misapprehensions and I think
you have gotten a raw deal and anything I can do to help and that we can
do to help veterans, we are there, okay? But, neighbors have a right to
protest, so Mr. Manager, we put this in your hands, make sure that the
Staff will go out and make sure that the neighbors are fully informed so
that they don't come around and complain about it. Okay, do you need any
motion, Mr. Manager?
Mr. Gary: No, sir.
Mayor Ferre: Well, there is a companion item, which is 68.
Mr. Gary: I would like to continue that for the next meeting.
Mayor Ferre: All right.
Mr. Blanchard: The next meeting is when?
Mayor Ferre: The next meeting is May 31st.
Mr. Gary: That is the Zoning Meeting. The next regular meeting is June 9th.
Mayor Ferre_: June 9th, okay?
Mr. Blanchard: Thank you.
Mayor Ferre: Yes, sir.
ld 153 MAY 12 1983
65. PERSONAL APPEARANCE: DIANA SCHILLACI, CONCERNING GREATER
NEIGHBORHOOD HOUSING REHABILITATION LOAN PROGRAM.
Mayor Ferre: Diana Schillaci, concerning Greater Neighborhood Housing
Rehib Loan Program. Yes, ma'am.
Ms. Diana Schillaci: Mr. Mayor and Commissioners, the reason that I have
come before you is because I went to the Housing Division for the City of
Miami and I requested one of those home rehabilitation loans that the City
is offering and they are Federally funded with low interest rates and I
was told that my house unfortunately was two blocks away from the boundary
that set off the Little Havana area. I spoke to the people there and they
suggested to me that I come before you to make a request.
Mayor Ferre: Ms. Schillaci, let me tell you what my problem is. My problem
is that if we say "yes" to you, we are going to have... there are no secrets...if
I can say "yes" to you because you have been sitting here all day waiting, and
you seem like a nice person, I'd vote for you, but I got news - tomorrow
everybody in the neighborhood would know about it. We would have a thousand
people coming here and we would never finish these Commission meetings.
Mr. Perez: Mr. Mayor, do you know why she is here? They suggested in that
Department that she supposed to come here and to request that way, you know?
And that is very easy from a professional point of view to tell her to go to
the City Commission and we have to say "no".
Mayor Ferre: No, no. The staff didn't do that. Her neighbors told her.
She is out of the target area, is that right?
Mr. Carollo: Can I ask the Manager this - can we legally maybe expand the
area two blocks more?
Ms. Schillaci: This is only two blocks away and it is sort of a border
line area. It really needs improvement.
Mr. Carollo: Can you look into it Howard, and see if we can legally do it?
And if the funds are there, to take in maybe a few more people from those
two blocks. They might want...
Mr. Gary: I will look at it in terms of criteria we have established and
come back with a response, Commissioner.
Mayor Ferre: I'll tell you, if you can honorably, reasonably and legally
do it, and extend the two blocks - it is a marginal area.
Mr. Gary: I saw Susan and they said they want to go four blocks.
Mayor Ferre: I know it! Guess what is going to happen. She is going to
start with two blocks. Next Commission meeting, somebody is going to say,
"Why don't you go one more block?"...and then it will be three more blocks,
and then we are going to be funding the Sugar Cane Conference, right?
Ms. Schillaci: Mr. Mayor, may I say something? This area is sort of nice
at this very moment, but it just misses my house - several others are
deteriorating quite fast, and if we let it go at this rate, pretty soon it
is going to be outside of the worse area of...
Mr. Carollo: Through what street and what avenue do you live in?
Ms. Schillaci: This is on 29th Avenue and 4th Street, S. W.
Mr. Carollo: 29th Avenue and 14th Street?
Ms. Schillaci: 4th Street.
ld
154 MAY 121983
b'
Mr. Carollo: 4th Street. 29th Avenue and 4th Street.
Mayor Ferre: Look, I've got to tell you. Anybody who cares enough about her
home to sit here all day...
Mr. Carollo: Maybe I could get expanded a little more!
Mr. Gary: My neighborhood too, Mr. Mayor.
Mayor Ferre: I will tell you, anybody who sits here patiently all day, I
think, you know, we ought to ... would you come back and let us have your
advice. Okay thank you very much.
Ms. Schillaci. Okay, so what do I have to do now?
Mayor Ferre: Talk to Jerry Gereaux.
Mr. Carollo: Jerry, can you make sure that you give•her the time and try
to work it out with her, please? i
Mr. Jerry Gereaux: Yes, I will.
Mr. Carollo: Okay, thanks.
66. DIRECT CITY MANAGER TO ALLOCATE $6,000 AS 'CONTRIBUTION TO RAS
COMMUNITY THEATRE, ALSO KNOWN AS TEATRO AVANTE.
Mayor Ferre: We have the Item Number 16, which is the RAS Community
Theatre. Are they here? All right. Teatro Avante.
Mr. Perez: I think that is the same thing - they are requesting funding,
that you have to send to the City Manager.
Unidentified Speaker:Thank you for giving us this ovvortunity. In the interest
of time, I am going to speed up the brilliant piece that I have written.
Teatro Avante offers an alternative theatre on a continuous basis to all
Spanish speaking residents of South Florida and to all non -Spanish speaking
residents trying to learn and improve and practice a new language.
Mayor Ferre: Look, what exactly...
Unidentified Speaker: You don't want this?
Mayor Ferre: No, I just want to know what you want, because...
Unidentified Speaker: We are requesting $15,00C.
Mayor Ferre: $15,000?
Unidentified Speaker: $15,000.'
Mayor Ferre: Mr. Manager, did the Staff have a recommendation?
Mr. Gary: Yes, we recommended $6,000, Mr. Mayor, provided they go and
get other sources.
Mayor Ferre: Oh, you have looked at it? There has been a request.
Mr. Gary: Yes, we have a recommendation.
Mr. Carollo: What is the use for it? What is it going to be used for?
Mayor Ferre: Theatre in Little Havana.
Mr. Gary: This is a Community Theatre.
ld 155 MAY 121983
• 0
Mayor Ferre: It is a Community Theatre.
Mr. Perez: Do you plan any special functions?
Mr. Gary: And we recommend it only one time.
Mr. Carollo: For the record, -can you explain some of the programs that
you provide, or the type of programs?
Unidentified Speaker: Se have been, since we opened two years ago ... we have
provided 25% discount to Senior Citizens.
Mayor Ferre: That is not what he is asking you.
Mr. Carollo: The type of programs.
Mayor Ferre: The type of programs. Do you have any...
Unidentified Speaker: Theatres - Hispanic.
i
Mayor Ferre: Yes, we know. What kind of theatres?
Unidentified Speaker: Serious theatres.
Mayor Ferre: How avant-garde is it is the question.
Unidentified Speaker: Street Car Named Desire, Who is Afraid of V#rginfa Wolfe,
(NOTE: Comments in Spanish)
Mayor Ferre: That is what he is asking. Okay. Serious classical...
Unidentified Speaker: Ranging from Pulitzer price winners to Cuban plays.
Mr. Gary: Mr. Mayor, we recommend $6,000, based on the fact that he swears
he won't come in next year. It is a one-time subsidy only.
Mayor Ferre: Okay. Is that all right?
Mr. Carollo: I make the motion for $6,000.
Mayor Ferre: Okay. Demetrio, do you second?
Mr. Perez: Sure.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION NO. 83-396
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT NOT TO EXCEED $6,000 AS A CONTRIBUTION
TO THE R.A.S. COMMUNITY THEATER, ALSO KNOWN AS TEATRO AVANTE.
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.
1 d 156 MAY 121983
01
67. AUTHORIZE CITY :•tAAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED
$425.00 AS A CONTRIBUTION TO THE GREATER MIAMI YOUTH SYMPHONY.
Mayor Ferre: Greater Miami Youth Symphony - Item Number 19.
Mr. Kenneth Woodside: My name is Kenneth Woodside. I am the President
of the Greater Miami Youth Symphony. Simply put, we are recommending
support of $425 to help up put on a concert in Gusman Cultural Center
downtown.
Mayor Ferre: Mr. Manager, what is the recommendation of Staff on this?
Mr. Gary: We suggest they contribute the $425.
Mayor Ferre: Is there a motion?
Mr. Perez: I move it.
Mayor Ferre: Commissioner Perez moves.
Mr. Carollo: I am sorry, Mr. Mayor. Could you go over that?
Mayor Ferre: He wants $425. It is the Youth Symphony of Dade County and
they want to go to Gusman Hall and play a concert.
Mr. Carollo: I will second that.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Perez, who moved its
adoption:
MOTION NO. 83-397
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT NOT TO EXCEED $425 AS A CONTRIBUTION
TO THE GREATER MIAMI YOUTH SYMPHONY OF DADE COUNTY, FLORIDA,
INC., FOR AN EVENT TO BE HELD JUNE 5, 1983 AT THE GUSMAN
CULTURAL CENTER.
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: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
ld 157 MAY 121983
68. RESOLUTION, AS AMENDED, APPROVED EXECUTION OF OPTION AGREEMENT
WITH GORO INVESTMENTS, INC. AND VEN ENTERPRISES; SITE OPTION
CIVIC CENTER SITE CITY OF MIAMI AFFORDABLE RENTAL HOUSING
DEVELOPMENT PROGRAM.
Mayor Ferre: All right, Item Number 48 - an option agreement with Goro
Investments and Ven Enterprises, N.V. for the purposes of securing the site
options of the Civic Center site in connection with the City of Miami Afford-
able Rental Housing Development. Now what - do you have a problem with that?
Mr. Nelson Rodriguez: My name is Nelson Rodriguez and I represent Goro
Investments. The reason I am here is because we have a signed option that we
gave the City that is good for two months and it expires I think June 3rd and _
your next Commission meeting will be June 9th and the reason that I am here
is to see if we get the option signed by the Manager -so I could have a contract
on it.
i
Mayor Ferre: All right, so are we in agreement now, Mr. -Manager? Is there any
disagreement? Quick.
Mr. Jerry Gereaux: No, we are in agreement with authorizing the Manager to
execute the option agreement, because we are interested in the site for the
Affordable Housing program, however....
Mayor Ferre: Hurry up!
Mr. Gereaux: .... we would like the capital funds appropriated subject to the
judicial validation of our housing bond issue in Circuit Court, which will
be completed June 16th, if that is acceptable.
Mayor Ferre: Fine. It has got to be that way. With that proviso, is there
a motion?
Mr. Carollo: There is a motion.
Mayor Ferre: All right, Commissioner Carollo moves.
Mr. Perez: Second.
Mayor Ferre: Perez seconds. Further discussion as with the proviso Mr.
Gereaux put into the record? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-398
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
OPTION AGREEMENT, SUBJECT TO THE CITY ATTORNEY'S APPROVAL
AS TO FORM AND CORRECTNESS, AND FURTHER SUBJECT TO
JUDICIAL VALIDATION OF THE CITY'S HOUSING BONDS, WITH
GORO INVESTMENTS, INC. AND VEN ENTERPRISES, N.V., FOR THE
PURPOSE OF SECURING A SITE OPTION ON THE CIVIC CENTER SITE
IN CONNECTION WITH THE CITY OF MIAMI AFFORDABLE RENTAL
HOUSING DEVELOPMENT PROGRAM, WITH FUNDS THEREFOR ALLOCATED
IN AN AMOUNT NOT TO EXCEED $120,000 FROM THE CAPITAL PROJECTS
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:
158 MAY 121983
la
\J
it
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.
69. DISCUSSION AND DEFERRAL OF CONSIDERATION OF ACCEPTANCE OF BID
FOR POLICE AUTO EQUIPMENT OF BUILDING AND VEHICLE :MAINTENANCE.
Mayor Ferre: All right, take up 87 - Police Auto Equipment, Building
and Vehicle Law Enforcement Equipment Company - a total of $3,424. That
is covered by the Consent Agenda, isn't it?
Mr. Gary: What item are you on?
Mayor Ferre:, I am on Item 87 and yours is...
Mr. Mike Cowan: 87
Mr. Carollo: 87 - are you for or against it, or...?
Mr. Cowan: I am against.
Mayor Ferre: Tell us why.
Mr. Ongie: Your name, please?
Mr. Cowan: My name is Mike Cowan. My company, Public Safety Devices. I
am one of the bidders on this particular bid.
Mayor Ferre: Mr. Cowan, on what basis are you...
Mr. Cowan: The low bid that is being recommended does not meet the specifi-
cations as set forth in the legal advertisement 828352.
Mr. Carollo: Excuse me - Public Safety Devices - where are you located at?
Mr. Cowan: 322 N. E. 80th Terrace.
Mr. Carollo: Okay, N. E. 80th Terrace.
Mr. Cowan: Miami.
Mr. Carollo: You are not involved with an individual whose last name is
Ponds, right?
Mr. Cowan: I never heard of the gentlemen. No, I am not. I definitely am
not. Never have been.
Mayor Ferre: Okay, Mr. Manager, what is your position on this? Do you want
to continue this?
Mr. Gary: We have got to get those cars fixed.
Mayor Ferre: Mr. Cox?
:Ir. Ed Cox: No, sir, Mr. Mayor. Our recommendation stands. The low bidder,
in our opinion, meets specifications.
Mr. Cowan: May I finish my statement?
Mayor Ferre: Go ahead. Yes, sir.
159
MAY 121983
Id
Mr. Cowan: The specifications, as written, and as put forth by the Police
Department called for a specific configuration on the light bars, which have
been in use in the City of Miami for some thirteen years and I might add,
very satisfactory. The bid, which happens to be the low bid, is for a
complete different configuration, an enclosed bar. Now, if, and I will
quote to you that it states "as, or equal to", and I contend that what is
being recommended is not "as" and it is not "equal to". It is a completely
different configuration. If a different configuration was to have been
entertained, then I think everybody should have taken a chance and bid on
it. Everybody should have had the opportunity. It doesn't say that they
will accept something completely different.
Mayor Ferre: Well...
Mr. Cowan: I have no complaints with changes and I am glad for changes -
my life changes, it is good for business, but here they have looked at
only one model from one company and they have not looked at the state of
the art.
Mayor Ferre: It is late and we need to brpk up here,..'so I am going to
continue this, and you come back.
Mr. Cox: I need them bad, Mr. Mayor.
Mayor Ferre: You need them bad, all right.
Mr. Cowan: Well, Mr. Mayor, the recommendation, the bid was opened on
March 28th. If they were needed that bad, it seems like that within the
seventy-five day period from then something would have been done!
Mayor Ferre: I sympathize with you. Unless I have a good, strong over-riding
reason to over -ride Mr. Cox, I very seldom do that.
Mr. Cowan: Mr. Cox and I have spoken in the past. Mr. Cox has agreed in
the past on the light bars that they had been using for thirteen years. I
have no idea why it changed.
Mayor Ferre: Mr. Cox, do you want to agree with him, or not?
Mr. Cox: No, sir, I am not in agreement with him. He has a good light, I
don't deny that. He has a Federal light. We...
Mayor Ferre: What is the will of this Commission? We need to move along.
We either deny it or...
Mr. Carollo: I would like to defer it to get some additional information.
Mayor Ferre: All right, this item has been deferred. The Manager has pulled
it off and deferred it.
NOTE FOR THE RECORD: Agenda Item Number 92 was continued.
ld 160 MAY 121983
70. APPOINTMENT OF PERSONS TO 1HE SOUTH FLORIDA alPLOYMENT AND
CONSORTIUM - PRIVATE INDUSTRY COUNCIL.
Mayor Ferre: All right now, Commissioner Carollo, on Item Number 75, if we
don't vote on this tonight. The Governor will make these appointments, but
we recommend the following. In area number one. Services, Health - Mr.
Joe Middlebrooks, Black, male, architect, professional. In area number two,
Services, Other, Jorge DeTuya, who is a very well known importer -exporter.
What is his title? DeTuya International Freight Forwarders.
Mr. Carollo: Mr. Mayor, I have seen the list and have no problem with the
names we have here.
Mayor Ferre: All right, three is manufacturing - Jack'McLaughlin. Four is
Retail Trade, Alberto Quirantes. Five is Transportation, Utilities - William
Alexander. Six is Construction, Orlando Naranjo. Seven ,CBO, Melvin Chaves
and Al Guilford of JESCA. Eight, Economic Development Agency, Luis Logan,
and nine, Education, Eduardo Padron. All right, is there a motion?
Mr. Carollo: Motion.
Mayor Ferre: Is there a second?
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: All right, Commissioner Perez has three people he wants to
appoint: Iliana de la Piena, Arnold Cortazo and Max Rothman.
Mr.Robert Krause: Mr. Mayor, we have a problem with those names, because
those names were nominated by other agencies for the Rehabilitation Seat
which used to be appointed by the City of Hialeah. Miami is not eligible
to appoint someone to a Rehabilitation Agency.
Mr. Perez: You have the copy of the response. In accordance with what I
have there, I think that is a general nomination for all the cities - Miami,
or Dade County.
Mr. Krause: This is Mr. Alfono who is the Executive Director of the....
and he can explain the problems with this. If we make these appointments,
they will simply be invalid. They will not be accepted by the Government.
Mr. Perez: The names appear (INAUDIBLE, OFF MICROPHONE)
Mr. Alfono: Mr. Commissioners, Maxwell Franz' name was never...
Mayor Ferre: Illiana de la Piena and Arnold Cortazo.
Mr. Alfono: Those two names do appear on the list and the City of Hialeah
has been assigned the responsibility of filling the Rehabilitation seat.
The City of Hialeah will be also making appointments.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Alfono: I understand, but what I am trying to say is that the seat for
Rehabilitation agencies was assigned to the City of Hialeah.
Mr. Gary: Not to us.
Mr. Alfono: The city is in the process of making the final decisions now.
Mayor Ferre: Okay, what do you want to do? Look, if you can fit one of
these two names somewhere in this category legally, then do so, okay? And
if you cannot, Mr. Krause, then the list as I read - if you can legally put
Iliana de la Piena or Arnold Cortazo, one of those two names, put them ini
Mr. Gary: The answer is, we cannot, Mr. Mayor.
161
ld
MAY 121983
Mr. Krause: The City of Hialeah will probably will nominate one of those two
people anyway, but there will only be one nominee.
Mayor Ferre: Commissioner Carollo,...
Mr. Perez: Why do you know that they are going to nominate in Hialeah?
Mr. Krause: Because the City of Hialeah has the Rehabilitation seat. Now,
one thing that we could do would be to recommend to Mayor Martinez that he
appoint one of these people to that spot.
Mr. Perez: That is not what I have understood.
Mayor Ferre: We are going to lose the appointments because we don't have
a quorum and the Governor is going to end up appointing them all.
Mr. Gary: That is right! Unbelievable!
Mayor Ferre: Do it this way. We are going to appoint these nine names that
we have read off. If you can possibly getibne of these two in substitution,
then do it, please. Now, that is part of the motion, all right? Under
those circumatances, Demetrio Perez moves, Joe Carollo seconds. Further
discussion? Mr. Krause.
Mr. Krause: Mr. Mayor, there is one further point an& that is that these
names must be appointed either for one, two, or three:year terms. If you
like, we simply draw them out of the hat.
Mayor Ferre: Yes, Mr. Manager, you draw them out of the hat, all right?
What is that? Bayside, all right. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-399
A RESOLUTION APPOINTING 10 MEMBERS TO THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM - PRIVATE INDUSTRY
COUNCIL UNDER THE PROVISIONS OF THE JOB TRAINING PARTNER-
SHIP ACT.
(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.
71. BRIEF DISCUSSION: BAYSIDE DEVELOPMENT, REMOVE REQUIREMENT OF
PERSONAL LIABILITY IN R.F.P.s PROVIDING FOR BUY OUT OF RESTAUR-
ANT ASSOCIATES LEASE, ETC.
Mayor Ferre: Wait a minute - on Bayside, what do you need on Bayside?
Come on Mr. Gilchrist and Mr. Reid.
Mr. Jim Reid: It is a motion of intent in terms of the R.F.P.'s and we would
like to make two changes in our memo.
Id
162 MAY 121
0 0
Mayor Ferre: Quickly!
Mr. Reid: We want to knock out the personal liability, rather keep that in
the lease, and also keep in that Restaurant Associates has to come back to us
if they want the lease assigned or sublease.
Mayor Ferre: All right, with those amendments, are they acceptable? Now,
Mr. Manager, are you recommending this?
Mr. Gary: Yes, I am.
Mayor Ferre: Is there a motion?
Joe, are you all right on that?
Mr. Carollo: Yes.
All right, Commissioner Perez moves.
Mayor Ferre: Commissioner Carollo seconds. Further discussion? Call the
roll on the Bayside item, as amended.
i
The following motion was introduced by Commissioner Perez, who moved its
adoption:
MOTION NO. 83-400
A MOTION APPROVING IN PRINCIPLE A MEMORANDUM FROM HOWARD V.
GARY, CITY MANAGER, DATED MAY 6, 1983, ON THE SUBJECT OF THE
BAYSIDE PROJECT - MEMORANDUM OF COOPERATION WITH RESTAURANT
ASSOCIATES, WITH THE FOLLOWING EXCEPTIONS: (1) THAT THE
REQUIREMENT OF PERSONAL LIABILITY OF RESTAURANT ASSOCIATES
WOULD BE RETAINED IN THE LEASE AND (2) THAT THE LEASE WITH
RESTAURANT ASSOCIATES MAY NOT BE ASSIGNED OR THE PREMISES SUB-
LEASED TO ANY DESIGNEE OF RESTAURANT ASSOCIATES UNLESS APPROVED
BY THE CITY COMMISSION.
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: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
72. 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
Perez, seconded by Commissioner Carollo. Further discussion? Having heard
no one wishing to speak on the Consent Agenda, call the roll.
The following resolutions were introduced by Commissioner Perez, seconded
by Commissioner Carollo 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.
163
MAY 121983
ld
72.1 CLAIM SETTLEMENT - LUELLEN RUSSELL AND ANITA RUSSELL.
RESOLUTION NO. 83-401
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO LUELLEN RUSSELL AND ANITA RUSSELL, HIS WIFE,
THE SUM OF FOURTEEN THOUSAND THREE HUNDRED DOLLARS
($14,300.00) WITHOUT THE ADMISSION OF LIABILITY, IN
FULL AND COMPLETE SETTLEMENT OF ALL BODILY, PERSONAL
INJURY PROTECTION LIENS, WORKER'S COMPENSATION LIENS,
PROPERTY DAMAGE CLAIMS, CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS.
72.2 CLAIM SETTLEMENT - WILBERT GILLEY.
RESOLUTION NO. 83-402
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO WILBERT GILLEY THE SUM OF SIX THOUSAND DOLLARS
($6,000.00) WITHOUT THE ADMISSION OF'LIABILITY, IN
FULL AND COMPLETE SETTLEMENT OF ALL BODILY, PERSONAL
INJURY PROTECTION LIENS, WORKER'S COMPENSATION LIENS,
PROPERTY DAMAGE CLAIMS, CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI AND UPON EXECUTION OF.A RELEASE
RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND
DEMANDS.
72.3 CLAIM SETTLEMENT - BESSIE VON ZAMFT
RESOLUTION NO. 83-403
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
TO BESSIE VON ZAMFT THE SUM OF TWELVE THOUSAND DOLLARS
($12,000.00) WITHOUT THE ADMISSION OF LIABILITY, IN
FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY,
PERSONAL INJURY PROTECTION LIENS, WORKER'S COMPENSATION
LIENS, PROPERTY DAMAGE CLAIMS, CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI AND UPON EXECUTION OF A
RELEASE RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS.
72.4 BID ACCEPTANCE - DADE STEEL SALES CORP. FOR 5 PAIR STEEL GATES
FOR DEPT. OF PARKS.
RESOLUTION NO. 83-404
A RESOLUTION ACCEPTING THE BID OF DADE STEEL SALES CORPOR-
ATION FOR FURNISHING FIVE (5) PAIRS OF STEEL ENTRANCE
GATES TO THE DEPARTMENT OF PARKS AT A TOTAL COST OF
$4,925.00; ALLOCATING FUNDS THEREFOR FROM THE CHARLES
HADLEY PARK RENOVATION CAPITAL IMPROVEMENT PROJECT
FUND; AUTHORIZING THE CITY MANAGER QND THE PURCHASING
AGENT TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
72.5 BID ACCEPTANCE - UNLIMITED PRESSURES, INC FOR DIVER'S AIR STATION.
FOR DEPT. OF POLICE.
RESOLUTION NO. 83-405
A RESOLUTION ACCEPTING THE BID OF UNLIMITED PRESSURES, INC.
FOR FURNISHING ONE DIVER'S AIR STATION TO THE DEPARTMENT
OF POLICE AT A TOTAL COST OF $6,095.00; ALLOCATING FUNDS
THEREFOR FROM THE 1982-83 OPERATING BUDGET OF THAT DEPART-
MENT; AUTHORIZING THE CITY MANAGER AND THE PURCHASING
AGENT TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
72.6 AUTHORIZE LEASE AGREEMENT - WORD PROCESSING UNIT FOR LAW DEPARTMENT.
RESOLUTION NO. 83-406
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED LEASE AGREEMENT FOR AN ADDITIONAL WORD PROCESS-
ING UNIT TO BE USED BY THE LAW DEPARTMENT, USING BUDGETED
FUNDS OF SAID DEPARTMENT FOR THE COST OF SAID LEASE.
164 MAY 121983
i ci
Ll
0
72.7 BID ACCEPTANCE - ATLANTIC RADIOTELEPHONE, INC. FOR ELECTRONIC
MARINE RADIO EQUIPMENT FOR DEPT. OF POLICE.
RESOLUTION NO. 83-407
A RESOLUTION ACCEPTING THE BID OF ATLANTIC RADIO-
TELEPHONE, INC. FOR FURNISHING ELECTRONIC MARINE
RADIO EQUIPMENT TO THE DEPARTMENT OF POLICE AT A
TOTAL COST OF $5,201,38; ALLOCATING FUNDS THERE-
FOR FROM THE PRIOR YEAR RESERVE FUND; AUTHORIZING
THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE
A PURCHASE ORDER FOR THIS EQUIPMENT.
72.8 AUTHORIZE PURCHASE - 67 PORTABLE RADIO UNITS FROM MOTOROLA
FOR DEPT. OF BUILDING AND VEHICLE MAINTENANCE -COMMUNICATIONS
SERVICE DIVISION.
RESOLUTION NO. 83-408
A RESOLUTION AUTHORIZING THE PURCHASE OF'67
PORTABLE RADIO UNITS UNDER of STATE -OF FLORIDA
CONTRACT FROM MOTOROLA, INC. FOR THE DEPARTMENT
OF BUILDING AND VEHICLE MAINTENANCE -COMMUNICATIONS
SERVICE DIVISION AT A TOTAL COST OF $124,486.00;
ALLOCATING FUNDS THEREFOR FROM THE POLICE HEAD-
QUARTERS AND CRIME PREVENTION FACILITIES GENERAL
OBLIGATION BOND FUND; AUTHORIZING THE CITY MANAGER
AND THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER
FOR THIS EQUIPMENT.
72.9 BID ACCEPTANCE - BROADCAST INTERNATIONAL FOR PUBLIC ADDRESS
SOUND EQUIPMENT FOR ORANGE BOWL STADIUM.
RESOLUTION NO. 83-409
A RESOLUTION ACCEPTING THE BID OF BROADCAST INTER-
NATIONAL, INC. FOR FURNISHING PUBLIC ADDRESS SOUND
EQUIPMENT FOR THE ORANGE BOWL STADIUM TO THE DEPART-
MENT OF BUILDING AND VEHICLE MAINTENANCE AT A TOTAL
COST OF $17,424.92; ALLOCATING FUNDS THEREFOR FROM
THE 1982-83 OPERATING BUDGET OF THAT DEPARTMENT;
AUTHORIZING THE CITY MANAGER AND THE PURCHASING
AGENT TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
A
165 MAY 121983
72.10 BID ACCEPTANCE - FOR FURNISHING HEAVY EQUIPMENT ON A CONTRACT
BASIS FOR ONE YEAR TO DEPT. OF BUILDING & VEHICLE MAINTENANCE.
RESOLUTION NO. 83-410
A RESOLUTION ACCEPTING THE BIDS FOR FURNISHING HEAVY
EQUIPMENT ON A CONTRACT BASIS FOR ONE YEAR. TO THE
DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE AS
FOLLOWS: BLANCHARD MACHINERY, INC. FOR THREE (3)
ITEMS OF EQUIPMENT AT A COST OF $27,885.00; CALLAHAN
MOTOR CO., INC. FOR SIX (6) ITEMS OF EQUIPMENT AT A
COST OF $41,700.00; CASE POWER AND EQUIPMENT FOR TWO
(2) ITEMS OF EQUIPMENT AT A COST OF $78•,076.00; DEBRA
TURF AND INDUSTRIAL EQUIPMENT CO. FOR TWO (2) ITEMS
OF EQUIPMENT AT A COST OF $37,235.05;.DOLPHIN FORD, INC.
FOR THREE (3) ITEMS OF EQUIPMENT AT A COST OF $64,237.00:
FLORIDA-GEORGIA TRACTOR AND EQUIPMENT CO'., INC. FOR TWO
(2) ITEMS OF EQUIPMENT AT A COST OF $45,.617.98; FLORIDA
MUNICIPAL SALES CO., INC. FOR ONE (1) ITEM OF EQUIPMENT
AT A COST OF $11,992.00; GROXRS FORD TRACTOR CO., FOR
TWO (2) ITEMS OF EQUIPMENT AT A COST OF $3,724.00;,
HECTOR TURF AND GARDEN, INC. FOR EIGHT (8) ITEMS OF
EQUIPMENT AT A COST OF $44,260.00; INTERNATIONAL HARVESTER
CO. FOR SIX (6) ITEMS OF EQUIPMENT AT A COST OF $147,000.00;
JET -VAC SANITARY SERVICES, INC. FOR ONE (1) ITEM OF EQUIP-
MENT AT A COST OF $79,990.00; LAYTON UTILITY EQUIPMENT CO.
FOR TWO (2) ITEMS OF EQUIPMENT AT A COST OF $23,770.00;
MEDCO INTERNATIONAL TRACTOR CO., INC. FOR TWO (2) ITEMS OF
EQUIPMENT AT A COST OF $24,638.00; AND NEFF MACHINERY, INC.
FOR ONE (1) ITEM OF EQUIPMENT AT A COST OF $23,123.54; AND
AUTHORIZING THE PURCHASE UNDER AN EXISTING STATE OF FLORIDA
CONTRACT FROM KUT-KWICK CORPORATION OF FOUR (4) ITEMS OF
EQUIPMENT AT A COST OF $13,691.40 AND FROM PEMCO, INC. OF
SIXTEEN (16) ITEMS OF EQUIPMENT AT A COST OF $3,240.00;
AT A TOTAL COST OF $670,179.97; ALLOCATING FUNDS THEREFOR
FROM THE 1982-83 OPERATING BUDGET OF THAT DEPARTMENT;
AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO
ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT.
72.11 BID ACCEPTANCE - MICROFILM CENTER FOR MICROFILM DUPLICATION SERVICES
AND ENFIELD'S FOR MICROFILM SUPPLIES FOR DEPT. OF FIRE, RESCUE AND
INSPECTION.
RESOLUTION NO. 83-411
A RESOLUTION ACCEPTING THE BIDS OF THE MICROFILM CENTER
FOR FURNISHING MICROFILM DUPLICATION SERVICES AT A COST
OF $5,100.00, AND ENFIELD'S FOR FURNISHING MICROFILM
SUPPLIES AT A COST OF $3,031.04 TO THE DEPARTMENT OF
FIRE, RESCUE AND INSPECTION SERVICES AT A TOTAL COST OF
$8,131.04; ALLOCATING FUNDS THEREFOR FROM THE PRIOR YEAR
RESERVE FUND; AUTHORIZING THE CITY MANAGER AND THE PUR-
CHASING AGENT TO ISSUE PURCHASE ORDERS FOR THESE SERVICES
AND MATERIALS.
72.12 AUTHORIZE PURCHASE - DESKS AND CHESTS FROM THONET INDUSTRIES
FOR DEPT. OF FIRE, RESCUE AND INSPECTION.
RESOLUTION NO. 83-412
A RESOLUTION AUTHORIZING THE PURCHASE OF 76 DESKS
AND 60 CHESTS FROM THONET INDUSTRIES, INC. FOR THE
DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES,
UNDER AN EXISTING STATE OF FLORIDA CONTRACT, AT A
TOTAL COST OF $30,301.13; ALLOCATING FUNDS THEREFOR
FROM THE 1981 FIREFIGHTING, FIRE PREVENTION AND
RESCUE FACILITIES BOND FUND; AUTHORIZING THE CITY
MANAGER AND THE PURCHASING AGENT TO ISSUE PURCHASE
ORDERS FOR THIS EQUIPMENT.
166 MAY 121983
lJ
0
I
72.13 BID ACCEPTANCE - PMS ENTERPRISES FOR PHOTOGRAPHIC PRINTER AND
ACCESSORIES FOR DEPARTMENT OF FIRE, RESCUE AND INSPECTION.
RESOLUTION NO. 83-413
A RESOLUTION ACCEPTING THE BID OF PMS ENTERPRISES, INC.
FOR FURNISHING ONE PHOTOGRAPHIC PRINTER AND ACCESSORIES
TO THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES
AT A TOTAL COST OF $6,893.15; 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.
72.14 FUND INCREASE AUTHORIZATION - COVERING COSTS OF ADVERTISING,
TESTING LABORATORIES AND POSTAGE FOR JAMES L. KNIGHT CENTER
ENTRANCE CANOPY.
RESOLUTION NO. 83-414
i
A RESOLUTION AUTHORIZING AN INCREASE IN THE FUND ALLOCATED
TO COVER THE COST OF SUCH ITEMS AS ADVERTISING, TESTING
LABORATORIES AND POSTAGE, NOT TO EXCEED $5,000 FOR THE
PROJECT ENTITLED "CITY OF MIAMI/UNIVERSITY OF MIAMI
JAMES L. KNIGHT INTERNATIONAL CENTER -ENTRANCE CANOPY",
SAID AMOUNT TO BE PROVIDED FROM THE ACCOUNT ENTITLED
"CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT
INTERNATIONAL CENTER AND PARKING GARAGE".
72.15 BID ACCEPTANCE - CENTURY CONTRACTING CO. FOR JAMES L. KNIGHT
CENTER - CITY OFFICES.
RESOLUTION NO. 83-415
A RESOLUTION ACCEPTING THE BID OF CENTURY CONTRACTING
CO., INC. IN THE PROPOSED AMOUNT OF $79,000, BASE BID
OF THE PROPOSAL, FOR CITY OF MIAMI/UNIVERSITY OF MIAMI
JAMES L. KNIGHT INTERNATIONAL CENTER - CITY OFFICES;
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 $79,700
TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND
THE AMOUNT OF $4,800 TO COVER THE COST OF PROJECT
EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF
$1,600 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.
72.16 ACCEPT COMPLETED WORK - L.G.H. CONSTRUCTION CORP. FOR SWIMMING
POOL.
RESOLUTION NO. 83-416
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY
L.G.H. CONSTRUCTION CORPORATION AT A TOTAL COST OF
$122,210.94 FOR SWIMMING POOL - RENOVATIONS - 1982;
AND AUTHORIZING A FINAL PAYMENT OF $14,435.94.
72.17 ACCEPT COMPLETED WORK - MARTIN VILA & ASSOCIATES FOR LITTLE
HAVANA COMMUNITY CENTER MINI -PLAZA.
RESOLUTION NO. 83-417
A RESOLUTION ACCEPTING THE COMPLETED WORK OF MARTIN
VILA & ASSOCIATES, INC. AT A TOTAL COST OF $70,716.50
FOR LITTLE HAVANA COMMUNITY CENTER MINI -PLAZA (2ND
BIDDING); AND AUTHORIZING A FINAL PAYMENT OF $7,593.65.
all.
167 MAY 121983
Id
72.18
72.19
72.20
72.21
72.22
ld
ACCEPT COMPLETED WORK - MET CONSTRUCTION FOR MIAMARINA AND
WATSON ISLAND SAFETY IMPROVEMENTS.
RESOLUTION NO. 83-418
A RESOLUTION ACCEPTING THE COMPLETED WORK OF MET CON-
STRUCTION, INC. AT A TOTAL COST OF $17,125 FOR $17,125
FOR MIAMARINA AND WATSON ISLAND - SAFETY IMPROVEMENTS;
AND AUTHORIZING A FINAL PAYMENT OF $5,335.
ACCEPT COMPLETED WORK - EBSARY FOUNDATION COMPANY FOR MIAMARINA
AND WATSON ISLAND PILING REPLACEMENT.
RESOLUTION NO. 83-419
A RESOLUTION ACCEPTING THE COMPLETED WORK OF EBSARY
FOUNDATION COMPANY AT A TOTAL COST OF $22,775.00 FOR
MIAMIARINA AND WATSON ISLAND - PILING REPLACEMENT
(BID "B" - WATSON ISLAND); AND AUTHORIZING A FINAL
PAYMENT OF $5,495.00. .0
ACCEPT COMPLETED WORK - PYRAMID PLUMBING AND HEATING FOR
EDISON PARK POOL SOLAR HEATING.
RESOLUTION NO. 420
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED
BY PYRAMID PLUMBING AND HEATING AT A TOTAL COST OF
$34,681.42 FOR EDISON PARK POOL - SOLAR HEATING
(2ND BIDDING); AND AUTHORIZING A FINAL PAYMENT OF
$867.04.
ACCEPT COMPLETED WORK - CARPET SYSTEMS FOR JAMES L. KNIGHT CENTER
CARPETING PROJECT.
RESOLUTION NO. 421
A RESOLUTION ACCEPTING THE COMPLETED WORK OF CARPET
SYSTEMS, INC. AT A TOTAL COST OF $71,000 FOR CITY
OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNA-
TIONAL CENTER - CARPETING PROJECT; AND AUTHORIZING
FINAL PAYMENT OF $3550.
ACCEPT COMPLETED WORK - IRWIN SEATING COMPANY FOR JAMES
L. KNIGHT CENTER THEATER SEATING.
RESOLUTION NO. 422
A RESOLUTION ACCEPTING THE COMPLETED WORK OF IRWIN
SEATING COMPANY, AT A TOTAL COST OF $366,200.62
FOR CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L.
KNIGHT INTERNATIONAL CENTER - CONVENTION HALL
"THEATER SEATING: PROJECT; AND AUTHORIZING FINAL
PAYMENT OF $18,310.
MAY 121983
1
73. AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT MIAMI CAPITAL
DEVELOPMENT INC. FOR THE USE OF $350,226.55 HUD DISCRETIONARY
LOAN PROGRA11.
Mr. Gary: Agenda Item Number 49, Mr. Mayor. We need to get this money over
to Miami Capital before it runs out July 1st.
Mayor Ferre: Oh, yes. All right, Commissioner Perez, this is Miami Capital's
$350,000 Department of Housing - from H.U.D.
Mr. Perez: I would like to have more information for the next Commission meeting.
Mayor Ferre: No, hold on, we are going to lose the money! You don't want to
do that.
Mr. Gary: Listen to me. No, this is money that you have already allocated
to them that was paid to them before they had... they appropriated the money,
you approved the money, but we gave it to them too early before they expended
it. It is something that you have already done, it is,just giving it back to
them.
Mayor Ferre: All right, Commissioner Perez moves.
Mr. Carollo: Second.
Mayor Ferre: Carollo seconds. Further discussion. This is item 49. Call
the roll.
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 83-423
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH MIAMI
CAPITAL DEVELOPMENT, INC. (MCDI) FOR THE USE OF $350,226.55
IN U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
FUNDS FOR THE HUD DISCRETIONARY LOAN PROGRAM.
(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.
AT1 TATTIOUL -krr
There being no further business to come before the City Commission, on
motion duly made and seconded, the meeting wad adjourned at 9:40 P.M.
ATTEST: RALPH G. ONGIE
City Clerk
MATTY HIRAI
Assistant City Clerk
ld
169
MAURICE A. FERRE
MAYOR
cr «�r of n .� Anne
DOCUMENT
MEETING DATE:
MAY 12, 1983
D E X
ITEM N04 DOCUMENT IDENTIFICATION I COMMISSION I RETRIEVAL
1
URGING OFFICIALS ON DADE COl'NTY TO iNCREASE THE RATE OF
PAY FOR ELECTION WORKERS.
R-83-364
83-364
'
SUPPORT FOR THE PASSAGE. OF THE DOCII?IFNTARY STAMP TAX
PROPOSAL FOR HOUSING S.B. 56 BY THE FLORIDA LEGISLA11'RE.
R-83-365
83-365
3
RESCHEDPIANG THE RI'GULAR CITY CW--MISSION MEETING ON
MAY 26, 1983 TO TAKE PLACE ON MAY 31, 1983.
JUTE 23, 1983 TO TAKF PLACE ON JUNE 15, 1983 AND JULY
14, 1983 TO TAKE PLACE ON IDLY 18, 1983
R-83-367
83-367
4
URGING THE PRESIDi:NT AND CONGRESS OF UNITED STAPES
NOT TO CAUSE OR PiiRMIT Tlil' DEPORTATION OF PERSONS THAT
ARRIVE U.S. TO ESCAPE FRO„ POl.1TICAL. REPRESSION IN
CO?DIUNIST COUNTRiES•
R-83-368
83-368
5
POLICES AND PROCEDURES FOR IMPLEMENTATION OF TI11:
AFFORDABLE. RENTAI. HOUSING DEVELOPMENT PROGRAM
R-83-371
83-371
6
OPEN, READ AND TABULATE BIDS I -OR THE SALE OF
S8,000,000 FIRE FIGHTING, FIRE PREVENTION AND RESCUE
FACILITIES BONDS, $1,000,000 HOUSING BONDS, 56,000,000
SANITARY SEWER SYSTEM BONDS, $4 , 000,000 Sl'ORA1 SEwF.R
IMPROVEMENT AND $6,000,000 STREET AND HI(;HWAY
IMPROVEMENT BONDS.
R-83-373
83-373
7
AFFIRMING THE llERITAGE CONSERVATION BQARD'S ACTION'S
IN DENYING THE APPEAL FROM THE ISSUANCE OF A PER:11'1'
FOR TREE R17MOVAL/CULMER GARDENS HOUSING SITE.
R-83-374
83-374
8
AWARDING SOUTHEAST BANE. N.A. $8,000,000 FIRE FIGHTING,
FIRE PREVENTION AND RESCUE FACILITIES BONDS,
S1,000,000 HOUSING PONDS, 56,000,000 SANITARY SFKER
SYSTEM BONDS, $4,000,000 STORM S311%ER IMPROVEMENT
BONDS AND $6,000,000 STRE17 T AND HIGHI:AY IMPROVEMIXI'
BONDS.
R--83-377
83-377
9
CONFIRMING ASSESSMENT ROLL FOR CONSTRI'CTION OF N.1%.
20 STREET AREA SIDEWALK IMPROVEMENT IN N.W. 20 STREf'T
AREA SIDEWALD/IMPROVEMENT DISTRICT H-4437.
R-83-379
83-379
10
ALLOCATING $7,000. FROM CONTINGENT FUNID IN' SUPPORT 01'
THE SECOND ANNUAL CONVENTION OF THE DENtOCRATIC BLACK
CAUCUS OF FLORIDA
R-83-382
83-382
11
AUTHORIZING OFFICE OF STADIUMS TO EXPEND $7,500. FOR
THE PRODUCTION COST IN TELEVISION OF THE 1983
CHAMPION SPARK PLUG UNLIMITED HYDROPLANE REGATTA.
R-83-388
83-388
12
AGREEMENT WITH CHAMPION; SPARK PLUG COMPANY/CHAMPION
SPARK PLUG UNLIMITED REGATTA AT MIAMI ^tARINE STADIUM
ON JUNE 3/5, 1983.
R-83-389
83-389
WAIVING REQUIREMENT SEALED BIDDING/AGREEMENT !;I3'H THE
STATE OF FLORIDA FOR LONG DISTANCE TELEPHONE
SERVICES (SUNCOM) .
R-83-390
83-390
DOC U lil E N Tok iY DE'�
CONT
ITD4 NO.1 DOCUMENT IDENTIFICATION
NUED PACE # 2
14
WAIVING REQUIREMENTS - PUBLIC HEARING TO PERMIT JOSE
A. GARCIA, AN EMPLOYEE OF THE BUILDING AND VEHICLE
MAINTENANCE DEPARTMENT TO PARTICIPATE IN THE HOME
RENOVATION PROGRAM.
15
WAIVING REQUIREMENT BIDS AUTHORIZING THE PURCHASE IN
THE OPEN MARKET OF MAJOR COLLISION DAMAGE REPAIRS TO
CITY VEHICLES FOR THE DEPARTMENTS OF BUILDING AND
VEHICLE MAINTENANCE.
16
WAIVING REQUIREMENTS FOR BIDS FOR FURNISHING
AN AUTOMATED DRAFTING AND DESIGN SYSTEM FOR THE
DEPARTMENT OF PUBLIC WORKS.
17
APPOINTING CERTAIN INDIVIDUALS TO SERVE ON THE MIAMI
WATERFRONT BOARD.
18
AGREEMENT WITH GORO INVESTMENTS,INC. AND VEN
ENTERPRISES,N.V. FOR THE PURPOSE OF SECURING A SITE
OPTION ON THE CIVIC CENTER SITE/AFFORDABLE RENTAL
HOUSING DEVELOPMENT PROGRAM
19
APPOINTING 10 MEMBERS TO THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM PRIVATE INDUSTRY
COUNCIL/JOB TRAINING PARTNERSHIP ACT.
20
CLAIM SETTLEMENT - LUELLEN RUSSEL AND ANITA
RUSSEL.
21
CLAIM SETTLEMENT - WILBERT GILLEY
22
CLAIM SETTLEMENT - BESSIE VON ZAMFT.
23
ACCEPT BID-DADE STEEL SALES CORPORATION FOR
STEEL ENTRANCE GATES TO THE DEPARTMENT OF PARKS.
24
ACCEPT BID -UNLIMITED PRESSURES, INC. FOR FURNISHING
ONE DIVER'S STATION TO DEPARTMENT OF POLICE.
25
LEASE AGREEMENT FOR WORD PROCESSING UNIT TO BE USED
IN THE LAW DEPARTMENT.
26
ACCEPT BID -ATLANTIC RADIOTELEPHONE, INC. TO THE
DEPARTMENT OF POLICE.
27
AUTHORIZING PURCHASE OF PORTABLE RADIO UNITS TO
MOTOROLA,INC. FOR DEPT. OF BUILDING AND VEHICLE
MAINTENANCE.
28
ACCEPT BID OF BROADCAST INTERNATIONAL,INC. FOR THE
ORANGE BOWL STADIUM.
29
ACCEPT BID -FOR FURNISHING HEAVY EQUIPMENT ON
CONTRACT BASIS TO THE DEPARTMENT OF BUILDING AND
VEHICLE MAINTENANCE.
30
ACCEPT BIDS OF THE MICROFILM CENTER FOR FURNISHING
MICROFILM DUPLICATION SERVICES TO THE DEPARTMENT
'OF FIRE, RESCUE AND INSPECTION SERVICES.
R-8 3- 391
R-83-392
R-83-393
R-83- 394
R-83-398
R-83-399
R-83-401
R-83-402
im:3mtiw
R-83-404
R-83-405
R-83-406
R-83-407
R-83-408
R-83-409
R-83-410
R-83-411
fEY L
-h[L__ ____
83-391
8 3- 392
83-393
83-394
83-398
83-399
83-401
83-402
83-403
83-404
83-405
83-406
83-407
83-408 .
83-409
83-410
83-411
DOCUM
ENT�I N**DE;
CONTINUED
IM NO.1 DOCUMENT IDENTIFICATION
31
32
33
34
35
36
37
38
39
40
41
J
42
AUTHORIZING THE PURCHASE OF 76 DESKS FROM THONET
INDUSTRIES, INC. FOR THE DEPARTMENT OF FIRE, RESCUE
AND INSPECTION SERVICES.
ACCEPT BID OF PMS ENTERPRISES, INC. FOR FURNISHING
ONE PHOTOGRAPHIC PRINTER FOR THE DEPARTMENT
OF FIRE, RESCUE AND INSPECTION SERVICES.
AUTHORIZING INCREASE IN FUNDS FOR PROJECT ENTITLED:
"CITY OF MIA.MI/UNIVERSITY OF MIAMI JAMES L. KNIGHT
INTERNATIONAL CENTER -ENTRANCE CANOPY".
ACCEPT BID -CENTURY CONTRACTING CO.INC. FOR CITY OF
MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT
INTERNATIONAL CENTER -CITY OFFICES.
ACCEPTING THE COMPLETED WORK PERFORMED BY L.G.H.
CONSTRUCTION CORPORATION FOR SWIMMING POOL RENOVATION
ACCEPTING THE COMPLETED WORK OF MARTIN VILA AND
ASSOCIATES, INC. FOR LITTLE HAVANA CON15M IITY
CENTER MINI -PLAZA
ACCEPTING THE COMPLETED WORK OF MET CONSTRUCTION,
INC. FOR MIAMIARINA AND WATSON ISLAND SAFETY
IMPROVEMENTS.
ACCEPTING THE COMPLETED WORK OF EBSARY FOUNDATION
COMPANY AT MIAMIMARINA AND WATSON ISLAND PILING
REPLACEMENTE BID "B" WATSON ISLAND.
ACCEPTING THE COMPLETED WORK BY PYRAMID PLUMBING AND
HEATING AT EDISON PARK POOL SOLAR HEATING.
ACCEPTING THE COMPLETED WORK OF CARPET SYSTEMS
FOR CITY OF MIAMI/UNIVERSITY OF MIAMI
JAMES L. KNIGHT INTERNATIONAL CENTER CARPETING
PROJECT.
ACCEPTING THE COMPLETED WORK OF IRWIN SEATING COMPANY
FOR CITY OF MIAMI/UNIVERSITY OF MIAMI INTERNATIONAL
CENTER CONVENTION HALL "THEATER SEATING".
AGREEMENT WITH MIAMI CAPITAL DEVELOPMENT, INC.
INRE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD).
0
R-83-412
R-83-413
R-83-414
R-83-415
R-83-416
R-83-417
R-83-418
R-83-419
R-83-420
R-83-421
R-83-422
R-83-423
PAGE
EVAL
83-412
83-413
83-414
83-415
83-416
83-417
83-418
83-419
83-420
83-421
83-422
83-423