HomeMy WebLinkAboutCC 1983-01-13 MinutesCITY OF MIAMI
COMMISSION
MINUTES
OF MEETING HELD ON January 13, 1983
(REGULAR - PLANNING & ZONING)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G. ONGIE
CITY CLERK
l4p
io
in NO$
1
2
c
4
5
6
7
8
9
10
11
12
13
14
` 15
II'
REG: JAN 13, 1983 SmcT
AUTHORIZE CITY MANAGER TO ALLOCATE $12,500 TO ERECT
TENT OVER COCONUT GROVE EXHIBITION HALL WEST COURTYARD
AREA TO ACCOMODATE THE "FLORIDA NURSERYMEN ASSOCIATION'
UPCOMING CONVENTION
AUTHORIZE CITY MANAGER TO ENTER -INTO AGREEMENT WITH
STATE OF FLORIDA AND METROPOLITAN DADE COUNTY FOR A
JOINT FUNDING PACKAGE FOR CONSTRUCTION OF BIFURCATED
RAMP SYSTEM IN DUPONT PLAZA AREA.
RECOMMEND TO FLORIDA LEGISLATURE THAT A UTILITY TAX
BE IMPOSED UPON ALL PRIVATE TELEPHONE SERVICES TO THE
SAME EXTENT AS IT CURRENTLY APPLIES TO SOUTHERN BELL.
SPECIAL THANKS TO OFFICIALS IN CITY OF FLINT, MICHIGAN
FOR WARM HOSPITALITY EXTENDED TO CITY OF MIAMI
OFFICIALS ON RECENT TRIP TO INSPECT A NEW PROGRAM
SPECIALIZED FOR TRAINING OF -POLICE{OFFICERS IN
STRESS SITUATION.
REFER TO CITY MANAGER REQUEST FROM THE CUBAN
MUNICIPALITIES IN EXILE OF A CASH GRANT IN CONNECTION
WITH THEIR NATIONAL EVENT, TO BE HELD IN APRIL
DISCUSSION ITEM; PROPOSED POLICY OF REPORTING PRIOR
TO THE BEGINNING OF THE FORMAL SESSION OF CITY
COMMISST^" ,Y CITY MANAGER, CITY ATTORNEY AND/OR
CITY CLERK. IF NECESSAR:',
REFER TO CITY MANAGER REQUEST FOR A CASH GRANT
PRESENTED BY THE SOUTH FLORIDA COALITION FOR ECONOMIC
DEVELOPMENT.
REQUEST CITY ATTORNEY TO INVESTIGATE AND REPORT BACK
TO THE COMMISSION AS TO UTHETHER THE MANAGER'S
CAMPAIGNING FOR THE PROPOSED ONE CENT SALES TAX
CONSTITUTED A VIOLATION OF FLORIDA STATUTE 106.31.
REQUEST OF THE CITY MANAGER TO REPORT BACK TO THE
CITY COMMISSION ON COMPLAINTS AND ALLEGATIONS AGAINST
THE CITY'S POLICE FORCE DURING THE RECENT OVERTOWN
CIVIL DISTURBANCE.
ANNOUNCEMENT IN CONNECTION WITH FUTURE MEETINGS TO BE
HELD BY THE BLUE RIBBON COMMITTEE TO INVESTIGATE
CAUSES OF RECENT OVERTOWN CIVIL DISTURBANCE.
REFER TO CITY MANAGER REQUEST RECEIVED FOR FUNDING
OF PROPOSED PROJECT IN THE OVERTOWN AREA.
AUTHORIZE CITY MANAGER TO ALLOCATE $7,651.52 TO
"UPGROVE, INC." IN ORDER TO COVER DEFICIT INCURRED
ON RECENT STAGING OF THE "ANNUAL BLACK NATIVITY"
PRESENTATION.
REFER TO CITY MANAGER REQUEST FOR FUNDS MADE BY MR:
JACQUE DESPINOSE (HAVE CENTER,INC.) FOR RECREATIONAL
PROGRAMS FOR YOUTHS IN LITTLE HAITI.
AUTHORIZE CITY MANAGER TO ALLOCATE $11,000 AS
CONTRIBUTION TO THE 1983 COCONUT GROVE ARTS FESTIVAL.
REFER TO CITY MANAGER Y.M.C.A.'S REQUEST FOR FUNDS TO
SPONSOR A TRIP TO TALLAHASSEE BY YOUTHS FROM LIBERTY
CITY, OVERTOWN AND NORTHWEST AREA.
rINANCE ISOLUTION 0
M-83-4
R-83-5
R-83-6
PAGE No
1-2
2-3
5-6
m-83-7 6-7
DISCUSSION 7-8
DISCUSSION 8-9
DISCUSSION 9
DISCUSSION 9
DISCUSSION 10
DISCUSSION 1 10
DISCUSSION 11
M-83-8 11-12
DISCUSSION 13
M-83-9 13-15
DISCUSSION
15
0
f4
n
'ItdEX
ANISTIINF.4&DA PAGE 0 2
`, REGULAR: 1/13/83 INANCE0�
,�j hp, St CT rsoLUT10
y o. PAGE N0,
16
17
18
19
20
21
22
23
R##f�
24.
25
26
27
28
AUTHORIZE CITY MANAGER TO PERMIT TEMPORARY PLACEMENT
OF A MONUMENT IN RIVERSIDE PARK, EVENTUALLY TO BE
MOVED TO JOSE MARTI PARK WHEN CONSTRUCTION IN THE
PARK PERMITS, AS REQUESTED BY PRESIDIO POLITICO
CUBANO.
M-83-10
APPROVE REQUEST MADE BY STEVE PARSONS (P.A.C.E.)
FOR CASH CONTRIBUTION OF $4,000 EACH FOR TWO
CONCERTS TO BE HELD FEBRUARY 14TH AND FEBRUARY 25TH
SUBJECT TO CITY MANAGER'S APPROVAL.
M-83-11
MOTION OF INTENT TO REINSTATE THE "CULTURAL ARTS
PROGRAMS" IN THE OVERTOWN AREA AS QUICKLY AS POSSIBLE.
M-83-12
DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED
AMENDMENT TO THE LEGISLATURE ALLOWING CITY MANAGER TO
MEET WITH MEMBERS OF THE CITY COMMISSION IN
EXECUTIVE SESSION UPON DECLARATION OF EMERGENCY.
DISCUSSION
FIRST READING ORDINANCE: REPEAL SECTIONS 18-51
THROUGH 18-71 (ART IV) AND 18-76 THROUGH 18-77-6
(ART IV.5) ENTITLED "PURCHASING AND CONTRACTS
GENERALLY" AND "PROFESSIONAL SERVICES CONTRACTS"
RESPECTIVELY,ETC., AND INSERTING NEW
SECTIONS THEREIN.
FIRST READING
INSTRUCT CITY MANAGER TO REQUEST CHAIRMAN OF THE BOARD
OF MIAMI CAPITAL INVESTMENT, INC. TO APPEAR BEFORE
COMMISSION REGARDING PROPOSED ASSISTANCE TO BE GIVEN
TO BUSINESSMEN AFFECTED BY THE RECENT OVERTOWN CIVIL
DISTURBANCE.
DISCUSSION
SPECIAL RECOGNITION BY MEMBERS OF THE CITY COMMISSION
KIND ASSISTANCE RENDERED BY MAYOR MILLER (OF THE CITY
OF OPALOCKA) AND COMMANDER DAVIS AT -THE TIME OF THE
RECENT DISTURBANCE IN OVERTOWN AREA. I M-83-13
REFER TO CITY MANAGER FOR INVESTIGATION ALLEGED FAIL'
OF POLICE OFFICERS TO PROTECT VICTIM AT RECENT
OVERTOWN CIVIL DTSTURBANCE, AS REPORTED IN NEWSPAPER
ARTICLE.
REQUEST CITY MANAGER TO STUDY POSSIBLE CITY-WIDE
OBSERVANCE OF DR. MARTIN LUTHER KING, JR.'S
BIRTHDAY ON JANUARY 15TH.
BRIEF DISCUSSION ITEM: REGARDING CITY FUNDS PREVIOUSLY
GRANTED BY THE CITY TO ALPHA-66 FOR THE PURPOSE OF
BRINGING EXISTING ZONING CODE VIOLATIONS IN BUILDING
HOUSING REFUGEES UP TO CODE REQUIREMENTS.
ESTABLISH ANNUAL SALARY OF JOSE R. GARCIA-PEDROSA
-CITY ATTORNEY- AT $80,608.
BRIEF DISCUSSION AND WITHDRAWAL OF PROPOSED DEPARTMENT
OF HARBORS AND RIVERS ADMINISTRATION.
(CONTINUED DISCUSSION) REGARDING CITY FUNDS PREVIOUSLY
GRANTED BY THE CITY TO ALPHA 66.
DISCUSSION
R-83-14
DISCUSSION
R-83-15
DISCUSSION
DISCUSSION
15-17
17-19
19-22
23-27 _
27-29
29-30
30-31
31-32
32-36
36-38
38-44
44
44-46
C14 STISTIONNAFMRIDA PAGE # 3
�INANCE
r' �„
J NO,
REGULAR: 1/13/83 *D ECT
REsouitiotilo,
PAGE NO$
29
BRIEF DISCUSSION ITEM: SALARIES OF SOME GOVERNMENT
OFFICIALS.
DISCUSSION
46-47
30
ALLOCATE $11,000 TO COCONUT GROVE CARES,INC. TO
COVER PAYROLL COSTS FOR T'WO MONTHS IN CONNECTION WITH
THE BOXING PROGRAM.
11-83-16
47-52
31
FIRST READING ORDINANCE: AMEND SECTIONS 18-51
THROUGH 18-71 OF ARTICLE IV (PURCHASING AND CONTRACTS
GENERALLY), ETC., BY REPEALING THEM AND SUBSTITUTING
NEW SECTIONS THEREFOR.
FIRST READING
52-53
32
DECLARE "UNIFIED DEVELOPMENT PROJECT" AS MOST
ADVANTAGEOUS METHOD. AUTHORIZE REQUEST FOR PROPOSALS
FOR A SPECIALTY SHOPPING CENTER ADJACENT TO
MIAMARINA TO BE KNOWN AS "BAYSIDE".
R-83-17
53-54
33
AUTHORIZE AGREEMENT WITH GARCES CONIMRCIAL COLLEGE
FOR JOB TRAINING SERVICES FOR CITY PARTICIPANTS
IN THE CUBAN-HAITIAN ENTRANT IMPACT AID PROGRAM.
R-83-18
54-55
34
AUTHORIZE AGREEMENT WITH SER-JOBS FOR PROGRESS, INC.
PROVIDE JOB TRAINING SERVICES FOR THE CITY'S
COMPREHENSIVE JOB TRAINING PROGRAM PARTICIPANTS.
R-83-19
55-56
35
AUTHORIZE LATIN CHAMBER OF COIDIERCE OF THE U.S.A.
(CA.*'IACOL) TO HOLD THEIR SECOND INTERNATIONAL GREAT
FAIR IN THE ORANGE BOWL ON FEBRUARY 3 - 13, 1983.
R-83-20
56-58
36
RECEIVE, OPEN AND READ ALOUD BIDS RECEIVED FOR
CONSTRUCTION OF "DURHAM SANITARY SEWER IMPROVEMENT
(SR-5486-C CENTERLINE SEWER).
M-83-21
58
37
CONFIRMING ORDERING RESOLUTION NO. 82-1109.
AUTHORIZE CLERK TO ADVERTISE FOR SEALED BIDS FOR
CONSTRUCTION OF LITTLE RIVER HIGHWAY IMPROVEMENT
H-44-82 IN DISTRICT H-4482.
R-82-22
59
38
WAIVE PROHIBITION OF CODE SECTION 2-302- AND
AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT 141TH
(SEE LATER
VINCE E. GRIMM, JR. AS PROFESSIONAL CONSULTANT
PRIMARILY IN CONNECTION WITH THE WORLD TRADE CENTER
RESOLUTION
TOWER PROJECT. (SEE LATER FORMALIZING RESOLUTION
NO. 83-57)
NO. 83-57, AT LABEL 96).
59-60
39
SELECTION LEON ROSENBLATT TO CREATE SERIES OF LARGE
PHOTOGRAPHIC MURALS FOR THE FIRE RESCUE TRAINING
FACILITY, FIRE MUSEUM.
R-83-24
60
40
ALLOCATE $33,000 TO THE DADE COMMUNITY
REVITALIZATION BOARD TO HELP THEM TO CONTINUE THEIR
TASK OF SOLVING SOCIO-ECONOMIC PROBLEMS RESULTING
FROM THE CIVIL DISTURBANCE OF MAY 1980.
R-83-25
61
41
ACCEPT BID: FROM L.G.H. CONSTRUCTION CORP. FOR
COCONUT GROVE EXHIBITION HALL/WEST COURTYARD ROOF
(2ND BIDDING) B-3196.
R-83-26
61-62
42
ACCEPT BID: FROM ALL HILL PLUMBING, INC. FOR HADLEY
PARK -MISCELLANEOUS IMPROVEMENTS -LIGHTING SYSTEM.
R-83-27
62-63
w
m NO.
43
44
45
46
47
48
49
50
51
52
53
54
W&I
56
57
58
l a►
L I irm " 1 .y"21,
ACCEPT BID: FROM TIMCO ELECTRIC, INC. FOR HADLEY PARK
MISCELLANEOUS IMPROVEMENTS. LIGHTING SYSTEM
ACCEPT BID: FROM M.E.T. CONSTRUCTION,INC. FOR CITY
OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT CONVENTI
CENTER -ENTRANCE CANOPY.
ORDERING RESOLUTION: GRAND AVENUE SIDEWLAK IMPROVEMENT
H-4483-DESIGNATE PROPERTY TO BE ASSESSED.
PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS
CONTINUED DISCUSSION OF FUNDING OF "COCONUT GROVE
CARES, INC." BOXING PROGRAM TO BE MONITORED.
APPROVE IN PRINCIPLE PROPOSAL FOR IMPROVEMENT OF
PEDESTRIAN TRAFFIC ON TRAFFIC STREET -STUDY FLAGLER
AREA FOR CONSIDERATION OF SPECIAL OVERLAY ZONING
DISTRICT, BUILDING OF ARCADES ALONG CERTAIN SECTIONS.
DISCUSSION ITEM: GRAN CENTRAL PROJECT.
DISCUSSION BY MIAMMI DESIGN PLAZA MERCHANTS ASSOCIATION
CONCERNING "MARKET WEEK".
INCLUDE IN LEGISLATIVE PACKAGE FOR THE 1983 SESSION
PROPOSAL TO DOUBLE THE AMOUNT OF DOCUMENTARY STAMP TAX
IN CONNECTION WITH PROPOSED HOUSING FINANCE PLAN
AUTHORIZE MANAGER TO MFF.T WITH ELPIDIO NUNEZ
(NORTHWESTERN MEAT, INC.) AND NEIGHBORS ON POSSIBLE
RESTUDY OF ALLAPATTAH COMMERCIAL/INDUSTRIAL AREA.
SECOND READING ORDINANCE: PROHIBIT USE OF CABLE T.V.
FOR DISTRIBUTION OF OBSCENE OR INDECENT MATERIAL.
SECOND READING ORDINANCE: AUTHORIZE ISSUANCE OF
$65,000,000 MULTI -FAMILY HOUSING REVENUE BONDS
(FOR LOW AND MODERATE INCOME FAMILIES), ETC.
SECOND READING ORDINANCE: REPEAL SEC. 36-11
CHAPTER 36 ("NOISE") AMEND SEC. 19-184
CHAPTER 19 - PROVIDE FOR INCREASED RESTRICTION
AS TO TIME AND NATURE OF PYROTECHNIC DISPLAYS.
FIRST READING ORDINANCE: AMEND ORDINANCE 9332 BY
INCORPORATING PROVISIONS OF RESOLUTION 82-1172 IN
CONNECTION WITH GRANTING OF CERTAIN SECURITY INTEREST
IN THE CABLE TELEVISION SYSTEII.
SECOND READING ORDINACE: APPLICATION BY KATES/MR.
AND MRS. GORDON/ MR. AND MRS. SHEPENIK - CHANGE
ZONING OF 4000-40-50 WEST FLAGLER STREET FROM R-4
TO C-2.
SECOND READING ORDINANCE: APPLICATION BY "RACASA,
N.V."- CHANGE ZONING AT APPROXIMATELY 3665-71 N.W. 7TH
ST. AND 821-899 N.W. 37TH AVENUE FROM R-4 TO C-2.
PAGE # 4
w
KESOLLSOW7lONV PAGE No.
i
R-83-28 63-64 —
R-83-29
R-83-30
64-65
R-83-31
DISCUSSION
DISCUSSION
N-83-32
DISCUSSION
DISCUSSION
M-83-33
M-83-34
ORD. 9538
ORD. 9539
ORD. 9540
FIRST READING
ORD. 9541
ORD, 9542
66
67
67-71
71-73
74-76
77-79
79-81�
EJ�1:3
88-94
95-98
98-100
100-102
102-105
106-107
.
r
tax
AWISTIANAF ORIDA PAGE It 5
m NO. ' REG. 1/13/83 SmcT
rs0"LUTcl03o.
E
PAGE N0,
59 SECOND READING ORDINANCE: APPLICATION BY EDWIN N.
BELCHER, III. GARY LEE BELCHER AND JOHN W. WATSON-
CHANGE ZONING AT 3216-28 AVIATION AVENUE FROM R-4
TO R-C. ORD. 9543 107-10F
60 SECOND READING ORDINANCE: APPLICATION BY PHILIP
A. FOTI, LABRADA AND GLASCA, HERNANDO ACOSTA AND
FRANK C. PETRINE-CHANGE ZONING OF 3860-70-90 AND
2900 S.W. 28TH TERRACE FROM R-4 AND SPD-2 TO R-C. ORD. 9544 109-110
61
DENY APPLICATION FOR CHANGE OF ZONING AT ,
APPROXIMATELY 1831-41 S.W. 37TH AVENUE FROM R-1
TO C-2.
M-83-35
110-114
62
SECOND READING ORDINANCE: CHANGE ZONING AT 100-174
N.W. 9TH STREET., 800-898 N.W. 1ST AVENUE, AND
101-175 N.W. 8TH STREET, FROM C-5 TO R-4.
ORD. 9545
114-117
63
BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF APPEAL BY
PLANTING DEPARTMENT OF VARIANCE GRANTED TO PERMIT
LIQUOR LICENSE AT 5249 S.W. 8TH STREET.
DISCUSSION
117-118
64
SECOND READING ORDINANCE: CHANGE ZONING AT 581 N.E.
62ND STREET FROM RO-3/6 TO CR-2/7 IN NEW OFFICIAL
ZONING ATLAS OF NEW ZONING ORDINANCE (EFFECTIVE
APRIL 6, 1983.)
ORD. 9546
118
65
SECOND READING ORDINANCE: CHANGE ZONING IN AREA
BOUNDED BY N.W. 3RD COURT, N.W. 5TH AVENUE AND
N.W. 22ND STREET FROM CG-2/7 AND RG-2/5 TO I-17 IN
NEW OFFICIAL ZONING ATLAS.
ORD. 9547
119
66
SECOND READING ORDINANCE: CHANGE ZONING AT
100-174 N.W. 9TH STREET, 800-898 N.W. 1ST AVENUE,
AND 101-175 N.W. 8TH STREET, FROM CR-3/7 TO RG-3/6
IN NEW OFFICIAL ZONING ATLAS.
ORD. 9548
120
67
APPLICATION BY METROPOLITAN DADE.COUNTY FOR
VACATION/CLOSURE OF PORTION OF N.W. 1ST COURT
BOUNDED BY N.W. 8TH AND 9TH STREETS AND N.W.
1ST AVENUE AND N.W. 1ST COURT (T.P.#1182 "DORSEY
HEIGHTS").
R-83-36
120=121
68 SECOND READING ORDINANCE: AMEND 6871, ARTICLE III,
SECTION L-ADD HC-1 HERITAGE CONSERVATION DISTRICT)
AFTER SPA-7 (COCONUT GROVE SPECIAL CONSERVATION
OVERLAY DISTRICT, ETC., -PROVIDE FOR INTENT, EFFECT,
AND REQUIREMENTS FOR CERTIFICATES OF
ORD. 9549 121-122
APPROPRIATENESS.
69 SECOND READING ORDINANCE: ADD NEW SECTION 1610
(H"HC-1 GEN.USE HERITAGE CONSERVATION OVERLAY
DISTRICT") TO NEW ZONING ORDINANCE. ORD. 9550 122-123
70 SECOND READING ORDINANCE: APPLY PROPOSED HERITAGE'
CONSERVATION OVERLAY DISTRICT TO PROPERTY AT 2985
SOUTH BAYSHORE DRIVE. (HOUSEKEEPER'S CLUB.) ORD. 9551 123-124
10 i
M N0,
71
72
73
74
75
76
77
78
79
80
d
81
82
7NQD(
C[IY,COhPISSIQHF MlAhll, FLORIN
17.1 1 R
SECOND READING ORDINANCE: ADD PROPOSED HERITAGE
CONSERVATION OVERLAY DISTRICT TO NEW OFFICIAL ZONING
ATLAS (PROPERTY LOCATED AT 2985 SOUTH BAYSHORE DRIVE
(HOUSEKEEPER'S CLUB).
SECOND READING ORDINANCE: APPLY PROPOSED HC-1
(HERITAGE CONSERVATION DISTRICT) TO PROPERTY
AT 3500 PAN AMERICAN DRIVE.
SECOND READING ORDINANCE: ADD PROPOSED HC-1 (GENERAL
USE HERITAGE CONSERVATION DISTRICT) TO NEW OFFICIAL
ZONING ATLAS TO PROPERTY LOCATED AT 3500 PAN AMERICAN
DRIVE.
SECOND READING ORDINANCE: APPLY HC-1 (GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT) TO
PROPERTY AT 600 BISCAYNE BOULEVARD -(FREEDOM TOWER).
SECOND READING ORDINANCE: ADD HC-1 (GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT) TO NEW
OFFICIAL ZONING ATLAS TO PROPERTY LOCATED AT 600
BISCAYNE BOULEVARD (FREEDOM TOWER).
NO ACTION TAKEN BY CITY COTDiISSION ON APPEAL BY
PLANTING DEPARTMENT OF VARIANCE GRANTED TO PERMIT
ESTABLISI-L*1ENT OF A LIQUOR LICENSE AT 5249 S.W.
8TH STREET (APPEAL FAILS).
SECOND READING ORDINANCE: APPLY PROPOSED HC-1
(GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT)
TO PROPERTY AT 1475 N.W. 12TH AVENUE (HALISSEE HALL).
SECOND READING ORDINANCE: ADD PROPOSED HC-1 (GENERAL
USE HERITAGE CONSERVATION OVERLAY DISTRICT) TO NEW
OFFICIAL ZONING ATLAS, TO PROPERTY AT 1475 N.W. 12TH
AVENUE (HALISSEE HALL).
SECOND READING ORDINANCE: APPLY PROPOSED HC-1
(GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT)
TO PROPERTY AT 1737 NORTH BAYSHORE DRIVE
(MIAMI WOMAN'S CLUB).
SECOND READING ORDINANCE: ADD PROPOSED HC-1 (GENERAL
USE HERITAGE CONSERVATION OVERLAY DISTRICT) TO NEW
OFFICIAL ZONING ATLAS, TO PROPERTY LOCATED AT
1737 NORTH BAYSHORE DRIVE (MIAMI WOMAN'S CLUB).
SECOND READING ORDINANCE: APPLY PROPOSED HC-1
(GENERAL USE HERITAGE CONSERVATION OVERLAY
DISTRICT TO PROPERTY AT 1611 N.W. 12TH AVENUE
(THE ALAMO).
SECOND READING ORDINANCE: ADD PROPOSED HC-1
(GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT)'
TO NEW OFFICIAL ZONING ATLAS AND TO PROPERTY LOCATED
AT 1611 N.W. 12TH AVENUE (THE ALAMO)
PAGE # 6
t
NESOL TIO PAGE N0, h�SOLLtTION 0�
ORD. 9552 124
ORD. 9553
ORD. 9554
ORD. 9555
ORD. 9556
DISCUSSION
ORD. 9557
ORD. 9558
ORD. 9559
ORD. 9560
ORD. 9561
ORD. 9562
125
126
126-127
127-128
128-1,31
131
132
132-133
133-134
134
135
0
ro
(1 2
c4'9?ffltfffw�'&m
REG: 1/13/83 SLR ECT
PAGE # 7
pRDI WCE OR
KESOLM O NO PAGE NO,
83
SECOND READING ORDINANCE: APPLY PROPOSED HC-1
(GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT)
TO PROPERTY AT 3485 MAIN HIGHWAY (THE BARNACLE).
ORD. 9563
135-136
84
SECOND READING ORDINANCE: ADD PROPOSED HC-1
(GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT)
TO NEW OFFICIAL ZONING ATLAS AND TO PROPERTY AT
3585 MAIN HIGHWAY (THE BARNACLE).
ORD. 9564
136-137
85
SECOND READING ORDINANCE: APPLY PROPOSED HC-1
(GENERAL USE HERITAGE CONSERVATION OVERLAY DISTRICT)
TO PROPERTY AT 190 S.E. 12TH TERRACE (DR. JAMES M.
JACKSON OFFICE/DADE HERITAGE TRUST.
ORD. 9565
137
86
SECOND READING ORDINANCE: ADD PROPOSED HC-1
(GENERAL USE HERITAGE CONSERVATIOI, OVERLAY DISTRICT)
TO NEW OFFICIAL ZONING ATLAS, AND TO PROPERTY AT
190 S.E. 12TH TERRACE (DR. JAMES M. JACKSON OFFICE/
DADE HERITAGE TRUST.
ORD. 9566
138
87
FIRST READING ORDINANCE: AMEND 9500 (NEW ZONING
ORDINANCE) BY DELAYING ITS EFFECTIVE DATE UNTIL
MAY 1, 1983.
FIRST READING
139
88
APPROVE PERMISSION TO CONSTRUCT AND OPERATE THE
"STATE -REGIONAL SERVICE CENTER PHASE II IN
-
DOWNTOWN GOVERNMENT CENTER (401-499 N.W.
2ND AVENUE).
R-83-37
140
89
CONSENT AGENDA
140
89.1
CLAIM SETTLEMENT: 11ARREN & ELIZA 11011BLE
R-83-38
140
89.2
CLAIM SETTLEMENT: NORMA MCLEAN
R-83-39
141
89.3
WASTE COLLECTION LICENSES ISSUED TO DAN GALASSO WASTE
SERVICE, INC., COASTAL CARTING LTD., INC., RAFAEL &
ROBERTO TRASH SERVICE, U.S. WASTE HAULING CORP., AMERI
CARTING INC.
R-83-40
141
89.4
EMERGENCY REPAIR OF ENGINE #5 BY RECHTIEN
INTERNATIONAL TRUCKS, INC.
R-83-41
14I
89.5
PURCHASE OF FIREFIGHTERS TURNOUT CLOTHING UNDER A
METROPOLITAN DADE COUNTY CONTRACT WITH 141DWESTER14
SAFETY MANUFACTURING CO.
R-83-42
141
89.6
ACCEPTING BID: REX CHEMICAL CORPORATION FOR
'
FURNISHING TWO CARPET CLEANING MACHINES.
R-83-43
141
89.7
ACCEPTING BID: SIGNPRESS, DIVISION OF DICK BLICK
FOR FURNISHING ONE SIGNPRINTING MACHINE
R-83-44
142
89.8
ACCEPTING BID: TENNANT COMPANY FOR FURNISHING ONE
OUTDOOR VACUUM SWEEPER.
R-83-45
142
89.9
ACCEPTING BID: XEROX CORPORATION FOR FURNISHING ONE
HIGH SPEED COPIER ON A LEASE CONTRACT TO THE
DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE.
R-83-46
142
a�� 1
89.10
89.11
89.12
89.13
89.14
90
91
92
93
94
95
97
I1�
REG:1/13/83 SLLECT
ADDITIONAL PRINTING COSTS IN THE PREPARATION OF THE
CITY'S ANNUAL "MIAMI — ITS GOVERNMENT" REPORT
ACCEPTING BID: E—Z—GO DIVISION? TEXTRON FOR TEN
ELECTRIC GOLF CARTS.
14 DEEDS OF DEDICATION FOR HIGHWAY PURPOSES.
ACCEPTING BID: MARTIN VILA & ASSOC., INC. FOR
GARMENT CENTER COMMUNITY DEVELOPMENT PAVING PROJECT.
ACCEPTING THE COMPLETED WORK: D.M.P. CORPORATION FOR
NORTHWESTERN DRAINAGE PROJECT E-52.
FEASIBILITY STUDY DESIGN CONCEPT AND PACKAGE FOR
PROPOSED DOWNTOWN CITY OF MIAMI EXHIBITION HALL.
LEGISLATIVE PROPOSAL PACKAGE FOR THE 1983 SESSION TO
INCLUDE PROPOSED AMENDMENT TO SUNSHINE LAW RE:
EXECUTIVE SESSION MEETINGS BETWEEN MANAGER AND
COMMISSION DURING STATE OF EMERGENCY.
ADOPT LEGISLATIVE OBJECTIVES FOR 1983 SESSION
OF LEGISLATURE AS PRESENTED AND AMENDED.
COMMISSION TO PRIORITIZE OBJECTIVES.
APPROVE IN CONCEPT PROPOSAL OF "POOLED CASH FOR
CAPITAL PROJECTS" AS SUBMITTED BY ADMINISTRATION.
WAIVE REQUIREMENT FOR FORMAL SEALED BIDS IN THE
FURNISHING OF 444 SQUARE YARDS OF SPECIAL CARPETING
FOR DEPARTMENT OF CONFERENCES AND CONVENTIONS.
AGREEMENT WITH VINCE E. GRIMM, JR. FOR PROFESSIONAL
CONSULTANT SERVICES PRIMARILY IN CONNECTION WITH THE
WORLD TRADE CENTER TOWER PROJECT
(FORMALIZING OF PREVIOUS MOTION).
CONFIRM ELECTION OF JOHN E. GARDNER AND STEVE DOLNICK
TO THE CITY OF MIAMI RETIREMENT BOARD OF GENERAL
EMPLOYEES.
AMEND R-77-480 WHICH CREATED "BUDGET REVIEW
COMMITTEE" — PROVIDING SUPPORT TO SAID
COMMITTEE AND REPEALING SEC. 9.
AMEND RES. 82-560 WHICH CREATED THE "CITY—WIDE
COMMUNITY DEVELOPMENT ADVISORY BOARD" BY PROVIDING
FOR A CITY —COMMISSION APPOINTMENT OF A
REPRESENTATIVE FORM THE CITY'S GARTMENT DISTRICT.
APPOINT CERTAIN INDIVIDUALS TO THE CITY—WIDE
COMMUNITY DEVELOPMENT ADVISORY BOARD.
APPROVE AND DESIGNATE "COMMISSIONER MILLER J. DAWKINS'
AS CITY OF MIAMI'S REPRESENTATIVE ON THE "DADE—
MIAMI CRIMINAL JUSTICE COUNCIL".
PAGE # 8
PAGE NO,
QRDI nuwcE o�
KESOLUTION ,
R-83-47
142 IM
R-83-48
142
R-83-49
143
R-83-50 1 143
R-83-51 1 143
M-83-52 1 14 3-144
M-8 3-5 3
M-83-54
145-147
M-83-55 I 147—X48
R-83-56 1 148
R-83-57 1 149
R-83-58 1 150
R-83-59 1 150
R-83-60 1 151
R-83-61 1 151-153
R-83-62 1 153-154
to
INIEK
C14IN11054AF
&IDA
PAGE # 9
NANCE0�jin NO, REG: 1/13/83 S&ECT rl
OLUTION l�10. PAGE NO,
100
INCREASE MAYOR'S OFFICE BUDGET BY $20,000.00 (WORD
PROCESSOR; CEREMONIAL SUPPLIES, ETC.)
M-83-63
154-155
101
APPOINT REVEREND WINSTON RUDOLPH AS CHAIRPERSON OF THE
"OVERTOWN BLUE RIBBON COMMITTEE"; APPOINT INDIVIDUALS
TO SERVE AS MEMBERS.
R-83-64
156-157
102
ESTABLISH A BLUE RIBBON COMMITTEE TO INVESTIGATE
RECENT CIVIL DISTURBANCE IN OVERTOk'N AREA AND REPORT
TO CO:1MISSION ON CAUSES THEREOF.
R-83-65
157-158
103
APPOINT FULL-TIME OMBUDSMAN TO OVERTOWN AREA TO
PROVIDE COMMUNICATION LINK WITH CITY GOVERNMENT.
R-83-66
158
104
REQUEST FOR ESTABLISHMENT OF BASE RADIO STATION -
LITTLE HAVANA CRIME PREVENTION SUB -COUNCIL.
REFERRED TO CITY MANAGER.
11-83-67
159
105
REQUEST COM2MENDATION BE PREPARED TO THANK OFFICIALS OF
AMERICABLE FOR ASSISTANCE RENDERED DURING RECENT CIVI%
DISTURBANCE IN OVERTOWN.
DISCUSSION
160
106
REQUEST MANAGER TO STUDY POSSIBILITY OF ESTABLISHING A
$300,000 FUND FROM THE CITY OF MIAMI CAPITAL
DEVELOPMENT REVOLVING FUND TO BE MADE AVAILABLE TO
OWNERS OF HEAVILY DAMAGED PROPERTY DURING OVERTOVTN
DISTURBANCE.
M-83-68
161
107
DIRECT MANAGER TO ENTER INTO AGREEMENT WITH C.P.A.
FIRM TO PREPARE ECONOMIC ANALYSIS OF FISCAL IMPACT
OF WATSON ISLAND PROJECT ON THE CITY OF MIAMI.
M-83-69
162
108
CALL FOR SPECIAL MEETING TO BE HELD ON FEBRUARY
24, 1983 TO DISCUSS ISSUE OF THE FUTURE DEVELOPMENT
OF WATSON ISLAND.
M-83-70
163
109
REIMBURSE ORGANIZERS OF THE JOSE MARTI PARADE FOR
POLICE AND OTHER EXPENSES ASSOCIATED WITH SUCH PARADE
UP TO $3,000.00.
M-83-71
164
110
APPROVE POSITION PAPER OF "SOUTH FLO'.tIDA EMPLOYMENT
AND TRAINING CONSORTIUM ON PROCEDUT:ES FOR
ESTABLISHING THE "SOUTH FLORIDA EMTLOYMENT AND
TRAINING CONSORTIUM -PRIVATE INDUSTRY COUNCIL";
R-83-72
165
111
BRIEF DISCUSSION ITEM: PROPOSED CITY OF MIAMI
APPLICATION FOR A U.D.A.G. GRANT
(DIAGNOSTIC CENTER)
DISCUSSION
166-168
0
t'# sip
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 13th day of January, 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 minting was called to order at 9:30 A.M., by Mayor Maurice Ferre
with the fallowing members of the Commission found to be present:
ALSO PRESENT WERE:
Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
Howard V. Gary, City Manager
Jose Garcia -Pedrosa, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered by Mayor Maurice Ferre, who then
led those present in a pledge of allegiance to the flag.
On motion duly made and seconded by the City Commission, the Minutes
for the meeting(s) of October 28, 1982, November 4, 1982, and November 10, 1982
were approved.
1. AUTHORIZE CITY MANAGER TO ALLOCATE $12,500 TO ERECT TENT OVER
COCONUT GROVE EXHIBITION HALL WEST COURTYARD AREA TO ACCOMMODATE
THE "FLORIDA NURSERYMEN ASSOCIATION'S UPCOMING CONVENTION. Y`
Mayor Ferre: We now are in pocket items. Plummer, we will start with you.
Mr. Plummer: Mr. Mayor, I personally do not have any. I have been asked
to bring up two items by the Administration. The first one, very briefly,
is the commitment that this Commission made to the Florida Nurserymen's Association
for the use of Dinner Key Auditorium. We obligated ourselved to put up a tent
for the additional space. The cost is $12,500. I so move that it be approved
because they have....
Mayor Ferre: $500 for what?
Mr. Plummer: $12,500 to put up the tent over the outside which we have a
commitment to do. I so move that this be approved.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Under discussion, Mr. Manager, when is it that we are finally
going to get to build that million -dollar roof?
Mr. Gary: It is on the agenda today.
Mayor Ferre: The construction of it?
1
.JAN 13 1983
sl
0
Mr. Gary: Yes, sir.
Mayor Ferre: How long will it take?
Mr. Gary: To award the contract. About six months.
Mayor Ferre: Well, we will get to that later on. Further discussion? Call
the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 82-4
A MOTION AUTHORIZING THE CITY MANAGER TO ALLOCATE $12,500
FOR THE ERECTION OF A TENT OVER THE COURTYARD AREA OF THE
COCONUT GROVE EXHIBITION HALL FOR THE FLORIDA NURSERYMEN
ASSOCIATION'S UPCOMING CONVENTION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
2. AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH STATE OF 1?
FLORIDA AND METROPOLITAN DADE COUNTY FOR A JOINT FUNDING PACKAGE ;w
FOR CONSTRUCTION OF BIFURCATED RAMP SYSTEM IN DUPONT PLAZA AREA.
Mr. Plummer: Mr. Mayor, the other item that I have is we have with us from
the State of Florida the Department of Transportation, their General Counsel,
Mr. John Beck, who has to get back to Tallahassee, and would like to address
this Commission in reference to the bifurcation of I-95 and Biscayne Boulevard.
He asked that he be heard at this time.
Mayor Ferre: Mr. Beck, the Chair recognizes you.
Mr. Plummer: It corresponds with item 14.
Mr. Jim Reid: Mr. Mayor, if I may, Mr. Beck was the chief negotiating lawyer
for the State in terms of a joint City/County/State agreement that provides
the funding package for the bifurcated road system, as has been discussed
with the Governor. It is now before both you and Mayor Clark in terms of
authorizing the Manager to execute the agreement. It is basically the
same funding concept that the City Commission approved by resolution on
June 22, 1982.
Mayor Ferre: Mr. Manager, do you recommend this?
Mr. Gary: Yes, sir.
Mr. Plu—er: So move item 14.
Mayor Ferre: Is there a second?
2 'JA 131
N 983
s�
sl
/V Alp
sl
Mr. Carollo: So move.
Mayor Ferre: Seconded, further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-5
& RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
4 AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO,
WITH THE STATE OF FLORIDA AND METROPOLITAN DADE COUNTY
FOR A JOINT FUNDING PACKAGE FOR THE'CONSTRUCTION OF A
BIFURCATED RAMP SYSTEM IN THE DuPONT PLAZA AREA.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Carollo, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins _
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
ON ROLL CALL:
Mayor Ferre: In voting yes, Mr. Beck, let me through you to Secretary Pappas
and to the Governor, and Mr. Reid to the County Commission. First of all,
this is a very important project to the health of this community. I know
that there are an awful lot of players involved in this. There are a lot
of bureaucratic problems that arise in the procedural past. I understood
for a while that it had been held up mainly by the state in the last month
or two because of legal work and other aspects of... I hope that we can
overcome that. I know you have more to do than you can possibly accomplish
in a regular working day. I know it is complicated. It deals with Federal
funding and all type of things, arrangements with the Feds, and now with
a new potential, with a new Congress of additional monies, there are a lot
of 'ifs' and if we wait maybe we can get the money for this out of that...
But we have an awful lot riding on this in this community. It is not an
easy thing to explain to somebody in Little Havana or Overtown why we need
$40 million into a road system in downtown Miami. But the multiplier and
the linkage of that, all kinds of different things have produced revenue.
Both sales tax for the State and the property tax for the City is of great
importance. So, we plead with you that the Department give this top priority
to getting it all worked out. We have not yet signed off on this, have we,
Jim?
Mr. Reid: This is the authorization.
Mayor Ferre: I'm not worried about us, because we are the ones that are up
front pushing it. I'm worried about... And the County, as I understand it
is in place to sign to it the State. We are waiting for the State. Is that
correct?
Mr. Reid: The County has signed off on it. With the City Commission's
authorization today we can sign off. Then it becomes incumbent upon the
State to sign off. Yes, sir, Mr. Mayor.
Mr. Dawkins: Mr. Mayor, may I ask a question? Are we saying that the State,
of this $39 million, the State will pay $13 million, the County will pay $13
million, and the City of Miami will be responsible for $13 million?
3 'JA N 13 1983
I
Mayor Ferre: Mr. Reid, why don't you explain the agreement that was made.
Mr. Reid: The agreement that we made is that of the $37 million project,
that $17 million would be funded through the State with the passthrough
of Federal Aid Urban Funds. That the City and the County would initially
put each $3.9 million up front and would borrow $6.1 from the developers
as called for in the agreement and put that up front. But we would expect
under the terms of this agreement, if State monies become available from
the gas tax, to be repaid. So the State exposure in effect is potentially
about $14 million. Ours would be on the low side, $3.9 million.
Mr. Dawkins: Is the City of Miami and the County jointly responsible for
any shortage or just the City of Miami?
Mr. Reid: The City and the County are jointly responsible. Shortages have
to be agreed to by us before contracts can be let. The contracts....
Mr. Dawkins: I have a lot of problems with this.
Mr. Reid: We are protected by that.
Mr. Dawkins: I have a lot of problems with this. But I am going to go along
with it. I have quite a bit of concern. Since the majority of us seem to
think that this is what is best for the City, I am going to go along with it,
but I still have problems with it.
Mr. Reid: Yes, Commissioner.
Mayor Ferre: Just for the record, Miller, we all have problems with this.
It is a very serious matter. I might point out that this is the very first
time ever in the history of Florida that something like this has been done.
I might also point out that there are those in the legislature in Tallahassee
that are very concerned about the precedence that this sets. I think that
we are very, very fortunate that the Governor ... and I think the County and
ourselves have had the courage and I hope eventually it will prove to be
the wisdom, of doing this. It is my opinion, after having spent many, many
days and hours of really sweating over this thing along with the Manager
and others that have been involved, that if we don't do this there is no
other way of solving this problem at this time. It is a major problem.
Mr. Dawkins: I agree with you, Mr. Mayor, in total. But I come back to my
original premise that when developers want something downtown, we find a
way to do it. As we develop Overtown and Little Havana and the Puerto Rican
neighborhood, I want the State of Florida, Dade County, and the City to be
just as generous. That is my only concern.
Mayor Ferre: All right, thank you very much.
Mr. Plummer: Call the roll.
Mr. John Beck: Thank you, Mr. Mayor. I will communicate your concerns to
Secretary Pappas. Upon my return to Tallahassee we will have Secretary
Pappas execute this agreement and a copy will be forwarded to your legal
department here. Thank you very much.
Mr. Dawkins: Thank you, sir, for coming down.
E
.JAN 13 1983
sl
ow
1
3. RECOMMEND TO FLORIDA LEGISLATURE THAT A UTILITY TAX BE IMPOSED
UPON ALL PRIVATE TELEPHONE SERVICES TO THE SAME EXTENT AS IT
CURRENTLY APPLIES TO SOUTHERN BELL,
Mr. Plummer: Mr. Mayor.
Mayor Ferre: Do you have anything else, J.L.?
Mr. Plummer: Yes, Mr. Mayor, hopefully two quick items. Mr. Mayor, I would
like to, with the permission of this Commission, to bring to the attention
of our lobbyist in Tallahassee a thing that is of great concern and I hope
that the Administration is listening.
Mayor Ferre: Is he here?
Mr. Plummer: Who, the Administration?
Mayor Ferre: No, the lobbyist.
Mr. Plummer: No. Mr. Mayor, I am concerned of the new restructuring of the
anti -monopoly in reference to Southern Bell. This City presently is the
recipient of about $5 million a year in utility tax from telephone. Please
do not confuse that with a franchise, which is separate and different. I
am concerned that it is now going to be in great numbers private telephone
companies will have the opportunity of installing telephones without the
utility tax being applied. I think it is without question the possibility
that annual $5 million that we are getting a year in vital revenue that it
is possibly within a very short period of time is going to be cut in half.
What I think this City needs to do, and I will bring this matter up before
the Florida League of Cities, but I want this Commission, if possible, to
take a stand that in fairness that all the utility tax be applied across the
board so that this City can continue to derive that revenue as it has in the
past. I do not want to see this revenue cut in half.
Mayor Ferre: Formalize it.
Mr. Plummer: Formalize it into a motion to recommend to our lobbyist, Rick
Sisser....
Mayor Ferre: No, no, no, to recommend to the legislature. The lobbyist
is an instrument.
Mr. Plummer: All right, to recommend to the legislature that they apply
the utility tax as it presently is with Southern Bell....
Mayor Ferre: That they leave it alone.
Mr. Plummer: No, to apply it to the private companies as it has been in
the past to Southern Bell so that this City's revenue will not be put into
jeopardy.
Mayor Ferre: Is there a second to that? This is a motion to come back as
a resolution.
Mr. Carollo: Second.
Mr. Plummer: Yes.
Mayor Ferre: Further discussion? Call the roll.
5
JA N 13 1983
sl
I
r
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 83-6
A RESOLUTION RECOMMENDING TO THE FLORIDA LEGISLATURE
THAT A UTILITY TAX BE IMPOSED UPON ALL PRIVATE TELEPHONE
SERVICES TO THE SAME EXTENT SUCH TAX CURRENTLY APPLIES
TO SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY.
Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Carollo, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
4. SPECIAL THANKS TO OFFICIALS IN CITY OF FLINT, MICHIGAN FOR WARM
HOSPITALITY EXTENDED TO CITY OF MIAMI OFFICIALS ON RECENT TRIP
TO INSPECT A NEW PROGRAM SPECIALIZED FOR TRAINING OF POLICE
OFFICERS IN STRESS SITUATION.
Mr. Plummer: Finally, Mr. Mayor, I would like to briefly now but later
talk, if you wish, in depth. Five of us from the City went to Flint,
Michigan Tuesday and Wednesday. I wish to inform you that their hospitality
was most warm. Their temperature was freezing. You gave me the opportunity,
Mr. Mayor, for the first time in 46 years of my life to see snow. But those
people really went overboard to be most accomodating to the five of us who
went. I would like, as a resolution of this Commission, to thank those
people and in particular... what was Pat's last name? (From the Justice's
Department).
Mr. Gary: Commissioner Dawkins knows.
Mr. Plummer: What was her last name?
Mr. Gary: I think it was Lynn, Pat Lynn.
Mr. Dawkins: Lynn.
Mr. Plummer: How come, Gary, you know so much about it, but you are
accusing Dawkins?
Mr. Carollo: He has had more experience.
Mr. Plummer: Anyhow, I would like this Commission to send both of those parties
the appropriate thank you because they did go overboard to, in fact, make
our trip a most successful trip. I move that.
Mr. Dawkins: I second. And also the Mayor James W. Rutherford, Mayor of
the City of Flint.
Mayor Ferre: Call the roll.
sl 6 JAN 131983
MF
s�
n
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 83-7
A MOTION OF THE CITY OF MIAMI COMMISSION TO THANK THE CITY
OF FLINT, MICHIGAN, FOR THEIR HELP AND HOSPITALITY DURING
A RECENT TRIP BY MEMBERS OF THE COMMISSION AND MEMBERS
OF THE ADMINISTRATIVE STAFF TO INSPECT A NEW PROGRAM
INVOLVING COMPUTERIZED EQUIPMENT FOR TRAINING OF POLICE
OFFICERS IN STRESS SITUATIONS; FURTHER REQUESTING THE
APPROPRIATE CITY PERSONNEL TO PREPARE A SUITABLE RESOLUTION
FQR FORWARDING TO THE CITY OF FLINT. (*)
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
(*) In particular: Mayor James Rutherford; Max Durbin, Chief of Police;
Mel Brennan, Chairperson Blue Ribbon Task Force; Miles White, President,
Mott Founcation; and Pat Lynn, Justice Department Coordinator for Urban
Affairs.
5. REFER TO CITY MANAGER REQUEST FROM THE CUBAN MUNICIPALITIES IN
EXILE OF A CASH GRANT IN CONNECTION WITH THEIR NATIONAL EVENT,
TO BE HELD IN APRIL.
Mayor Ferre: Demetrio.
Mr. Perez: Mr. Mayor, we have here a representation from the Cuban Municipalities
Association. They plan a national fair for April. I would like to have the
opportunity to call these people, Mr. Julio Estorino, Desiderio Perdomo,
Dr. Mario Godericha, and the other members in order that they may have the
opportunity to make their presentation.
=
Mr. Julio Estorino: Good morning, Mr. Mayor and Members of the Commission,
my name is Julio Estorino. I am here representing the committee for the
Cuban Municipalities Fair. We are planning to stage a fair in the City of
Miami in the coming month of April. Our purpose is to show the virtues, the
values, and the achievements of the Cuban community past and present and the
good people that never reach the front pages of the newspapers. We are going
to have there 126 booths representing the 126 townships that were in Cuba
and the people that came from those places and live here now in Miami. We
-
are planning to have an exposition of the arts and crafts and the contributions
that these people have made to this community and to Cuba itself in the past.
Also, we are going to have to be a bridge of understanding to tell the other
ti=
communities that live in this City to show these values, these virtues, telling
z
our young people... We are going to have there the private schools so our
children and young Cuban/Americans, ladies representing each one of those
7
towns will tell them that those virtues and values that their families
carried with them when they came to this country can be successfully applied
here. Things like love to the place where we come from and the love to
;x
the place where we live now are worthy and deserve comprehension and practice.
sl
JA N 13 1983
Mr. Estorino (CON'T):: In order to stage these expositions and booths in the
fair we are requesting very respectfully the help of the City of Miami in
the form of a loan for $20,000 to get this going. We thank you. We hope
that you help us in this. Thank you very much.
Mr. Perez: Mr. Mayor, I would like to request from this Commission that
we instruct the City Manager so that they have the opportunity to meet the
representatives from the Cuban Municipalities. Afterwards we can have a
formal recommendation for the next Commission Meeting.
Mayor Ferre: All right. I don't think we need a motion to that effect.
Mr. Manager, the Commission instructs you to meet with the representatives
of the Cuban Municipalities in Exile and come back with a full report to
the Commission and your recommendation.
Ladies and gentlemen, so that we understand each other, and I don't
want to get anyone upset. The word is getting out pretty good in the
community that the City of Miami is very generous with civic projects.
I have been noticing on a meeting by meeting basis that it is escalating.
I have today, and we have to be fair, six requests for different sums of
money. I just want to say up front before I let these people speak that
I am going to ask that they all be referred to the Manager. We have to
deal with it in a systematic way. We cannot do it ... there is no other way
to do it.
Mr. Plummer: Mr. Mayor, let me interject if I may to follow through, there
is a still standing policy of this Commission that all of these matters,
prior to coming to this Commission must be sent to the Manager so that he
can be prepared to speak. What we in effect are doing is listening to
these people here today knowing full well that we have to send it to the
Manager for evaluation; then we have to come back and hear it a second time.
I understand that there are those cases in which there are emergencies.
Mayor Ferre: That is correct, J.L., but the problem is that who of us is
going to tell the 27 Municipalities of Cuba in Exile that they cannot be
heard for two minutes here?
Mr. Plummer: Mr. Mayor, I agree with that, but if you were to explain I
think to this gentleman who just spoke, if that is the one you want, that
if in fact he talked to the Manager prior to today's meeting he could have
maybe had an answer today. I think he could have appreciated that. That is
all I am saying.
Mayor Ferre: I get your point and I agree with it 100%. Lots of luck!
Mr. Plummer: You know we have another thing that this Commission has to
address. It is something that we spoke about at budget time. I think that
we need to revisit it at this time. That is that people asking for requests
or grants of money have to be turned down or first appear before the TDC.
I think we had better start reinstigating and looking at that again.
b. DISCUSSION ITEM: PROPOSED POLICY OF REPORTING PRIOR TO THE
BEGINNING OF THE FORMAL SESSION OF CITY COMMISSION BY CITY
MANAGER, CITY ATTORNEY AND/OR CITY CLERK, IF NECESSARY.
t
Mayor Ferre: Carollo.
Mr. Carollo: Just one brief pocket item. Some years back for most of us
in this present Commission were here, it was brought to my attention that
the City had a policy that before each regular meeting would begin that
the City Manager and the City Attorney and if need be the City Clerk would
brief the Commission on the areas of most importance that we would need
R
j{qPg Y
f
sl
$ JA N 13 1983
010 0*
Mr. Carollo (CON'): additional input. I think it is a good policy. Many
times the Manager or the City Attorney can't get a hold of all of us to go*
over areas of importance. So I would like to make a motion that from now
on in each Commission Meeting, before we go into pocket items, we will begin
by having the Manager and the City Attorney and the City Clerk also if needed,
brief us in the most important areas that this Commission should be brought
up to date. I'm not making this motion so that the Manager and the City
Attorney will feel forced to have to give a brief report every meeting. It
is not the case. This is being done so that areas of importance to the
CommissioiL should be looked over a little more thoroughly.
Mayor Ferre: Anything else, Joe?
Mr. Carollo: That's all. I think the Manager and the City Attorney would
appreciate that. I see Howard shaking his head there.
Mr. Gary: I think that is an excellent idea.
Mayor Ferre: Well, we will function that way.
Mr. Carollo: That man will be my next campaign manager.
7. REFER TO CITY MANAGER REQUEST FOR A CASH GRANT PRESENTED BY THE
SOUTH FLORIDA COALITION FOR ECONOMIC DEVELOPMENT.
Al V7
Mr. Dawkins: Mr. Mayor, I have three items. Number one is I received lately
a request from South Florida Coalition for Economic Development for $205,000,
which I am not going to consider.
Mayor Ferre: South Florida what?
Mr. Dawkins: South Florida Coalition for Economic Development, and this is
the package which I received. This is the first time I have seen it. But
I would like to request that South Florida Coalition for Economic Development,
Inc. check with the Manager. If the Manager sees that some arrangements
can be made for the capitalization loans at 6% interest, that $50,000 be
considered only. The rest of it I am not asking you to consider; only
the $50,000 loan.
8. REQUEST CITY ATTORNEY TO INVESTIGATE AID REPORT BACK TO THE I
COMMISSION AS TO WHETHER THE MANAGER'S CAMPAIGNING FOR THE `
�- PROPOSED ONE CENT SALES TAX CONSTITUTED A VIOLATION OF FLA. I
STATUTE 106.31.
r'w Mr. Dawkins: The other item I have is for the City Attorney to please look
at Florida Statute 106.31 and report back to me at the next meeting in
14
memo form if Mr. Gary violated that statute when he campaigned for the
one cent sales tax. If he did, let me knows If he did not, also let me
know how it applies to any other City employee.
JAN 13 1983
T
9. REQUEST OF THE CITY MANAGER TO REPORT BACK TO THE CITY COMMISSION
ON COMPLAINTS AND ALLEGATIONS AGAINST THE CITY'S POLICE FORCE
DURING THE RECENT OVERTOWN CIVIL DISTURBANCE.
Mr. Dawkins: The other item I have is that the other day we had an incident
in the Overtown area which led to quite a bit of disturbance. Mr. Manager,
we were there. I am concerned that the Police Department as good as it is,
had individuals who in my estimation did not act professionally. Therefore,
those individuals put a bad mark on the total Police Department in my opinion.
Mr. Gary, there was indiscriminate use of gas, which people called in. I
wish you would have it investigated, if you do not already have it in your
report. There also was reported, and I have had these calls and you have too,
that the SWAT team, which is supposed to be an elite team did not operate in
a professional manner in that they rode through the area at 40 M.P.H. during
the time of the disturbance. It is alleged that the front car threw out
fire crackers so that the second car had a right to use gas, which I would
like to have you look into for me.
I also would like to tell the union that the union has a duty to look
into the indiscriminate use of tear gas. The union, too, is responsible for
the rest of the Police Department. If there are individuals in the Police
Department that did not act professionally and the union upholds them, then
I must say that they are not much of a union. Mr. Manager, you too are
responsible. If the word comes from the top that such behavior will not
be tolerated, it will stop. If the word does not come from the top, then
you will continue to have this sort of behavior in what I think is a good
Police Department, which can very easily be characterized as bad because of
those incidents. The Chief of Police must assume his responsibility for
having these things happen.
As to the assignment of rookies with rookies, some kind of a way, if we
have a department that every time I look up you are ready to purchase new
and innovative equipment and all kinds of new fandangles, then you should be
able to deal with the problem of a rookie with a rookie by coming up with
something like a guy has to be beyond his probation period of six months
before he is assigned as a training officer. As the perception and
sensitivity of the Chief of Police, I would like to suggest, Mr. Manager,
that the Police Chief get a little more visibility in the community and
attend more meetings and let people be sensitized to him as he in turn be
sensitized to the unit.
Given the well documented levels of stress and psychological pressures
exhibited on each police officer, I must say overall the Police Department
acted well and professionally. My only concern is that minority of officers
who did not, in my opinion, act in a professional way. And those are my
pocket items.
10. ANNOUNCEMENT IN CONNECTION WITH FUTURE MEETINGS TO BE HELD BY
THE BLUE RIBBON COMMITTEE TO INVESTIGATE CAUSES OF RECENT
OVERTOWN CIVIL DISTURBANCE.
Mayor Ferre: I have several things that I have to do as pocket items. First
of all Reverend Winston Rudolph, the Chairman of the Overtown Blue Ribbon
Committee, has requested that the following announcement be made publicly here:
that he will be calling the Overtown Blue Ribbon Committee meeting for January
the 20th, City Commission Chambers, 6:00 to 9:00. It is the intention of the
Chairman to call these meetings three times a month on a regular basis and
perhaps more if needed. That the dates be the first, third, and fifth Thursdays
of each month. It is the intention of the first meeting to develop an overall
agenda and establish varioua subcommittees as may be determined necessary.
While this meeting will be open to the public, discussion by those other than
the committee members will not be accepted at that time.
so
'JA N 13 1983
sl
1 `10
ley
11. REFER TO CITY MANAGER REQUEST RECEIVED FOR FUNDING OF PROPOSED
PROJECT IN THE OVERTOWN AREA.
Mayor Ferre: The pocket items that I have are as follows. Mr. Arcinia Richardsop,
Cultural ArL Center, is he here, please?
Mr. Doran Cooper: Good morning, Mr. Richardson was not able to make it, so
I will speak for him. I am Doran Cooper, a former employee with the City
of Miami Cultural Program to the Parks and Recreation Department. I am now
working with the Model Cities' Cultural Art Center. Basically what we have
here is a pilot joint project between the City of Miami and Dade County to
propose a community cultural enrichment series, which would bridge the
Overtown.
Mayor Ferre: Mr. Cooper.
Mr. Cooper: Yes.
Mayor Ferre: Just to save you and us time, I have read your proposal. I
personally think it is very, very good. We have to go through the Manager.
You also have to answer before you come before this Commission as to whether
or not you have made an application to the ... what's it called, J.L.?... the
Tourist Development Council of Metro Dade County, which has monies available
for these type of projects. We are not trying to put you off. I just think
we have so many requests for money that we have to follow a procedure. I
am sure you will be up before us again in the future. So, is there anything
else you want to add?
Mr. Cooper: Basically, this program was not a tourist oriented activity. It
is basically to benefit the citizens and residents of Overtown and Liberty
City.
Mayor Ferre: We realize that. But that is the way... the monies are available
through Metropolitan Dade County through what is called a tourist tax, a bed
tax. A certain amount of those monies are allocated for programs such as
this.
Mr. Cooper: O.K., I will speak to Mr. Gary further about it.
Mayor Ferre: Thank you very much, Mr. Cooper.
12. AUTHORIZE CITY MANAGER TO ALLOCATE $7,651.52 TO "UPGROVE, INC."
IN ORDER TO COVER DEFICIT INCURRED ON RECENT STAGING OF THE
t "ANNUAL BLACK NATIVITY" PRESENTATION.
Mayor Ferre: The next speaker is Mr. John Morgan, of0Up Grover Is Mr.
Morgan here? Mr. Morgan of Up Grove is requesting $7,651 to pay for a
deficit of putting on "Black Nativity" presentation last year. They had
a, as I read the pocket information, problem with Bill Turner in not getting
up before the school board in the December meeting and then they did not have
as many people attend as they had projected. Therefore, they have a deficit
of $7,600. Mr. Manager.
Sl 11 JA N 13 1983
ff
I
Mr. Gary: This is a program that I asked the Recreation Department to do
to bring some culture into Overtown/Liberty City, particularly during the
Christmas season because most of the people in those areas don't have the
opportunity to go to Miami Beach, etc. As a result of the authorization
they experienced a deficit because of the low turn out. Now, I could do
this on our cultural program but I just wanted the Commission to be aware
that I wanted to do this, but we had an agreement with them to provide these
services. I think the program, which I attended myself personally was a
good program. Those people in the community of Liberty City and Overtown
that participated thought it was good, but they did experience a deficit
because of aow turn out.
Mayor Ferre: Do you have a recommendation, Mr. Manager?
Mr. Gary: I recommend this.
Mayor Ferre: All right, does anybody want to move it?
Mr. Gary: The Recreation Department.
Mr. Carollo: So move.
Mr. Dawkins: Second.
Mr. Plummer: So move.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 83-8
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE
AN AMOUNT OF NOT TO EXCEED $7,651.52 TO COVER A DEFICIT
INCURRED BY THE RECENT STAGING OF THE "ANNUAL BLACK NATIVITY"
PRESENTATION, WHICH CONTRIBUTION WAS SOLICITED BY MR. JOHN
MORGAN, OF "UPGROVE, INC."
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
_ Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
Mayor Ferre: I should have asked you on the previous one, maybe you are
acquainted with the Cultural Arts Center and Mr. Cooper and Mr. Richardson's
request.
Mr. Gary: I am familiar with them but I am unaware of their request. I
think you did the right thing.
Mayor Ferre: Would you come back then at the next Commission meeting and
give us a recommendation.
Mr. Gary: Yes, sir.
12
JA N 131983
sl
fIV
r
13. REFER TO CITY MANAGER REQUEST FOR FUNDS MADE BY MR. JACQUE
DESPINOSE (HAVE CENTER, INC.) FOR RECREATIONAL PROGRAMS FOR
YOUTHS IN LITTLE HAITI.
Mayor Ferre: The third one that I have is Mr. Jack Despinose of Have Center.
Mr. Despinose is requesting $25,712 for recreational programs for use in
Little Haiti. We have the letters attached. Mr.Despinose, we pose the same
question to you: have you talked to the Manager'•on this request?
Mr. Jack Despinose: Yes, I did deliver a package to the Manager.
Mayor Ferre: You have talked to him. Have you gone up before the T.D.C.
to request money? The Tourist Development Council?
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, air.
Mr. Gary: If I may, I just talked to him this morning. I informed him that
this request can be discussed here but I would prefer for him to come back
to me. We explained to him the procedure he has to go through as well as
to give me an opportunity to evaluate in terms of our recreational program.
Mayor Ferre: Would you do that, Mr. Despinose?
Mr. Despinose: I have no problem doing that, but there is only one problem.
The County was responsible for giving us the equipment, under Mayor Clark.
Once we have the equipment we would like to go ahead with the program as
soon as possible, because we will have to give them a narrative report every
month for the equipment.
14. AUTHORIZE CITY MANAGER TO ALLOCATE $11,000 AS CONTRIBUTION
TO THE 1983 COCONUT GROVE ARTS FESTIVAL.
Mayor Ferre: The next one is Terry Thorp, Monty Trainer, David Hill, Bing
Herald, and Richard Kronski (I think it says), Coconut Grove Art Festival.
These people are requesting $25,000 in order to hold an Art Festival in
February.
Unidentified Speaker: Good morning, I would like to introduce the people
that have come with me today. I know you have a very long agenda. So I
—=
will briefly introduce...I have with me today Mr. Richard Kronenberg, who
is president of the Coconut Grove Chamber of Commerce. Also with me is
Mr. Bing Herald, who is Vice President of the Coconut Grove Jaycees;
-
Mr. Ben Kuhne, who is President of the Young Democrats in Dade County;
and Mr. David Hill, who is a businessman from the community and owner of
VVII
Taurus Restaurant; and several of our board members. We have been before
the Commission before. The Commission has approved our resolution for
closing of the streets and the necessary matters for the festival this
year. On February 18, 19, and 20, the 20th Annual Coconut Grove Arts
Festival will be held here. We expect upwards to a half a million people
v
in the streets of our village of Coconut Grove. We are receiving this
r
year and we are working very closely with the various groups within the
community, within Coconut Grove at the urging of this Commission. The
�~
norm of this Commission....
23
JA N 13 1983
f
E
0
sl
IN
t
Mayor Ferre: Can I cut through and ask questions so that we....
Unidentified Speaker:* Absolutely.
Mayor Ferre: ....so we can get to the point of it. This is different from
the art festival that Joanna Holtzhouser and others are associated with.
Is that right? Or is this the same thing?
Unidentified Speaker: No, sir. This is the same festival. 'I am the new
Executive Director. Joanne Holzhauser is no longer the Executive Director
with the art festival.
Mayor Ferre: I see. So in other words, this is the same thing.
Unidentified Speaker: This is the Coconut Grove Arts Festival.
Mayor Ferre: The Coconut Grove... because I thought that maybe this was
a competitive....
Unidentified Speaker: New face, same festival.
Mayor Ferre: Same festival, O.K., now. We have been sponsoring this for
what, eight years? Or whatever....
Unidentified Speaker: We have had support from the City in the past years.
I know of the last couple of years.
Mayor Ferre: How much did we support you last year?
Unidentified Speaker: Last year I believe we received $9,000 from the City.
Mayor Ferre: Was that not returned somehow?
Unidentified Speaker: This year, Mr. Mayor, at the bottom of the budget that
we submitted I show $23,757 in direct festival expense, budget costs that
go directly back to the City in the form of police services, sanitation
services, rental for Peacock Park. This is all we are looking for.
Mayor Ferre: You mean this is not a new fly-by-night operation. So you
have had plenty of time.
Unidentified Speaker: No, sir.
Mayor Ferre: Mr. Manager, has staff met with these people? Is there a
recommendation? Where do we stand on this?
Mr. Gary: I just got this today, but last year we gave them a total of
$11,000. My recommendation is that we give them the same amount we gave
them last year and no more.
Mayor Ferre: Are you ready to make that today? Do you want to do that now?
Mr. Gary: This is an on -going program. We know about it. It is nothing
that we really have to study. I think it is a good program. It does
a lot for the City. I am ready to make that recommendation today.
Mr. Plummer: Let me tell you what I am ready to offer. I want to do both
ways. I'm offering to make a motion at this time that we accept the
recommendation of the Manager to the limit that he has recommended today,
and that we further pursue the possibility of further funding. I will
offer that in the form of a motion. We take what we got today.
Mayor Ferre: In other words, the Manager is recommending $11,000 and
there is a motion to that. But in addition, the motion would read that
the Manager be instructed to meet with you and review the program. If
he feels that further funding should be recommended, he will come back
to the Commission on it.
Unidentified Speaker: Thank you very much.
14
s1
.JA N 13 1983
t
' '0 f o
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Is there further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 83-9
A MOTION AUTHORIZING AND DIRECTING.THE CITY MANAGER TO ALLOCATE
AN AMOUNT OF NOT TO EXCEED $11,000 AS A CONTRIBUTION TO THE
1983 COCONUT GROVE ARTS FESTIVAL WITH THE POSSIBILITY OF
FURTHER FUNDING TO BE STUDIED BY THE CITY MANAGER; FURTHER
REQUESTING OF THE CITY MANAGER TO MAKE A FUTURE RECOMMENDATION
TO THE CITY COMMISSION IN CONNECTION THEREWITH.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
15. REFER TO CITY MANAGER Y.M.C.A.'S REQUEST FOR FUNDS TO SPONSOR i
A TRIP TO TALLAHASSEE BY YOUTHS FROM LIBERTY CITY, OVERTOWN AND
NORTHWEST AREA.
�r.
Mayor Ferre: We have a letter here from the Y.M.C.A. and Mr. Edward Ellis,
who is requesting funding to sponsor Youth from Liberty City/Overtown/North
Miami area to travel to Tallahassee for youth and government programs
sponsored by the Y.M.C.A. Is there anybody here representing the Y.M.C.A.?
Mr. Manager, would you have staff call Mr. Ellis and the Y.M.C.A. I think
it is a worthy thing, whether or not we have money for it is something else.
That is to help them send youths from the Liberty City and Overtown to
Tallahassee to see how the State government works. That is something that
we will have to deal with. But I would like for you to contact them and
discuss it.
c
16. AUTHORIZE CITY MANAGER TO PERMIT TEMPORARY PLACEMENT OF A
�.a MONUMENT IN RIVERSIDE PARK, EVENTUALLY TO BE MOVED TO JOSE MARTZ �
PARK WHEN CONSTRUCTION IN THE PARK PERMITS, AS REQUESTED BY
PRESIDIO POLITICO CUBANO.*
Mayor Ferre: The next one that I have is Mr. Osvaldo Verdecia, representing
Precidio Politico Historico in reference to the monument they want to put
in one of our parks. The Parks Department has met with them. They have
agreed on the location. According to staff they need Commission approval.
Mr. Kern, or whomever has been dealing with them, step up so we can...Oh,
Ralph, O.K.
15
on
sl JAN 13 19W
1
Mr. Ralph Gonzalez: Mr. Mayor, Members of the Commission, my name is Ralph
Gonzalez. I am the Assistant Director of Parks. At a prior Commission
meeting earlier last year the group proposed to put a monument on 13th Avenue,
which was opposed by the local residents. The Commission instructed the
Administration to look into alternate sites. We have met with the group.
We have explored some park sites. They visited a site that they preferred
at Riverside Park, which....
Mayor Ferre: By Riverside you mean Jose Marti Park?
Mr. Gonzales: No, sir, that is that is Riverfront. Jose Marti's name came
from Riverfrront. Riverside is located....
Mayor Ferre: I know where Riverside is. I just thought that maybe there was
a mistake.
Mr.. Carollo: Excuse me, my understanding was that we had agreed to go to
Jose Marti Park.
Mayor Ferre: And there are some historical reasons for that. Jose Marti
is the most famous of all the political prisoners in the history of Cuba.
So it would be appropriate for it to be in Jose Marti Park.
Mr. Gonzalez: Mr. Mayor and Commissioner Carollo, we have no problems with
the monument going in Jose Marti Park eventually. The situation that the
group find themselves in is that the monument is ready to go up. They would
like to put it up later this month in connection with a date that is of
historic significance. Jose Marti Park is under construction.
Mayor Ferre: I understand. So this would be a temporary thing.
Mr. Gonzalez: Yes, sir.
Mayor Ferre: Does this meet with your approval?
Mr. Gonzalez: Yes, sir.
Mayor Ferre: The Parks Department agrees to this? —
Mr. Gonzalez: Yes, sir.
Mayor Ferre: Mr. Manager, does this have your recommendation?
Mr. Gary: Yes, sir.
Mayor Ferre: Is there a motion?
Mr. Carollo: Move.
Mayor Ferre: Moved by Carollo. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez. Further discussion? This is to put a
monument for the political prisoners of Cuba at Riverside Park, eventually
to be transferred to Jose Marti Park, once that park is finished. It comes
with the recommendation of the Administration.
Mr. Gonzalez: Let me translate for the gentleman so he knows what we are
doing because he does not speak English.
Mayor Ferre: You translate later on because we don't have any time now so
just call the roll.
16
JA N 13 1983
sl
0 101
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 83-10
A MOTION AUTHORIZING THE CITY MANAGER TO PERMIT THE PLACEMENT
OF A MONUMENT IN RIVERSIDE PARK UPON REQUEST MADE BY THE
ORGANIZATION KNOWN AS "PRESIDIO POLITICO E HISTORICO
CUBANO", WITH THE UNDERSTANDING THAT THIS MONUMENT WILL
BE EVENTUALLY MOVED TO THE JOSE MARTI PARK WHEN CONSTRUCTION
IN THE PARK PERMITS.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
Mayor Ferre: Se aprobo. Esta aprobado.
Unidentified Speaker: COMMENTS IN SPANISH.
17. APPROVE REQUEST MADE BY STEVE PARSONS (P.A.C.E.) FOR CASH
CONSTRIBUTION OF 54,000 EACH FOR TWO CONCERTS TO BE HELD
FEBRUARY 14TH AND FEBRUARY 25TH, SUBJECT TO CITY MANAGER'S
APPROVAL.
Mayor Ferre: We now have Steve Persons and P.A.C.E.
Mr. Steve Parsons: Thank you Mr. Mayor, Commissioners, Mr. Gary, appreciate
it. Let me just spend 30 quid:: seconds and tell you what....
Mayor Ferre: Your name and address for the record.
Mr. Parsons: Steve Parsons, P.A.C.E., Executive Director, 2121 S. W. 27
Avenue, Miami, 33145. Thirty quick seconds on what we have in the festival
this year. The festival starts January 29th. It is the Big Orange Festival
that goes through February 25th. It is 28 days long; 25 concerts in the
28 days, six special concerts. We're kicking off on the 29th at F.I.U.
with Tito Puente and his Jazz All Stars, Repreto and the Judge's Nephew.
On February 4th an evening of Gospel at the Joseph E. Kaleb Art Center
Auditorium with the... UNINTELLIGIBLE) .... and a host of
other local gospel groups. On the 6th of February we have a concert with
Aerto Morera, Flurapurem on the University of Miami Concert Jazz Band,
Jeff Kirk on Miami Beach. On the 14th The Miami Knight Center on
Valentine's Day a concert for lovers, the Bob James Group a fabulous
Jazz Pop Ensemble. On the 20th of February another free concert.
Mayor Ferre: Steve, that's terrific. Tell us what you want.
Mr. Parsons: O.K., specific requests, for the two programs we are doing at
the Knight Center on the 14th and the 25th, I am asking the Commission
to approve a grant to P.A.C.E. to pick up the difference between the
$2,600 flat rental fee vs. the 12% rental. We are looking at a gross of
11
sl
-JA N 13 1983
r
P
Mr. Parsons (CON'T): $55,000 for each concert. That percentage would be....
Mayor Ferre: That $55,000 is not what you are asking from us.
Mr. Parsons: No, no, no, no, no. The gross is $55,000. 12% of that would
be $6,600. We are prepared to pay the $2.600 flat rental fee. I would like
the Commission to pick up the difference between the flat rental and the
12% figure which would amount to $4,000 per concert for those two programs.
Mayor Ferre: Who is going to be in the concerts?
Mr.Parsons:= On the Feburary 14th Concert, Bob James, that is the Valentine's
Day progratff. The 25th concert is the culmination of the final program of
festival featuring Larry Elgart's "Hooked On Swing".
Mayor Ferre: Mr. Manager, have you studied this?
Mr. Gary: No, sir, I have not. When is the concert?
Mr. Parsons: On February 14th, February 25th.
Mayor Ferre: Let me ask you this, Steve. If you are grossing $55,000 per
concert, are you saying that you cannot afford to pay that $4,000?
Mr. Parsons: Well, traditionally, we have never paid more than $2,000 for
rental for any facility we have used. This rental would t-e a $6,600 rental
at sell out.
Mayor Ferre: The difference is that traditionally you cannot put 5,000 people
into a facility so you cannot expect to pay the same for Dade County Auditorium
or Gusman Hall as you can at a 5,000 seat.
Mr. Parsons: But the expenses for the Knight Center are substantially more
than at Dade County T.O.P.A., or Gusman which we have been using.
Mayor Ferre: But you can also get twice as many people in.
Mr. Parsons: The percentage is still the same. The "profit" for the
organization would not be more than 10% to 12%.
Mayor Ferre: I personally would like, this is my personal opinion, I would
like to be supportive of your group because I cannot think of a cultural
organization that does more good for more people. Pound for pound you do
more for this community than anybody else does. I don't mean to be disrespectful
to the opera, to Gratelli, to the philharmonic, or the former philharmonic,
or anything else. But you get to more people in this ... just for the record, '
so we understand, how many people heard P.A.C.E. concerts last year? Just
to put it on the record.
Mr. Parsons: On the record I would say about 800,000 people.
Mayor Ferre: How many concerts did you have?
Mr. Parsons: 1,100 concerts last year.
Mayor Ferre: Are they all over this community, Black and White, north, south,
east, west?
Mr. Parsons: Everywhere.
Mayor Ferre: Is there any other organization that does that in Miami.
Mr. Parsons: Not in Miami, not in the State, none in the country.
Mayor Ferre: Well, I'm not too sure about the country, but certainly not
in the State of Florida. You have a very large budget. It is over a $1 million.
Is that correct?
Mr. Parsons: $1.2 million.
sl
"JAN 13 1983
i
�r
sl
Mayor Ferre: A lot of it is donated time. You get musicians to donate a
tremendous amount of time.
Mr. Parsons: All the musicians are paid. The donations are in the form of
in -kind public service announcements on T.V. and radio.
Mayor Ferre: In other words, Mr. Manager, I don't think there is a cultural
event in this community that gets more people and does more good than does
P.A.C.E. So just as a matter of philosophy I think we should be as supportive
as we can. Now whether or not we can afford $4,000 per concert is a matter
that I think you are going to have to get into. So how do we leave it?
Mr. Gary: Well, we will get together with him and....
Mr. Plummer: I'll tell you how to do it. I make a motion that we approve
it subject to the City Manager having his people look into it and that he _=
has no objections that it is approved.
Mayor Ferre: I think that is a wise way to do it.
Mr. Carollo: I second the motion.
Mayor Ferre: Put the burden on Howard. Further discussion?
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 83-11
A MOTION APPROVING REQUEST MADE BY MR. STEVE PARSONS, REPRESENTING
"PACE" FOR A CONTRIBUTION OF AN AMOUNT NOT TO EXCEED $4,000
FOR EACH OF TWO CONCERTS TO BE HELD BY PACE ON FEBRUARY
14TH AND FEBRUARY 25TH SUBJECT TO THE CITY MANAGER'S APPROVAL
OF THE PACE APPLICATION.
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
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
18. MOTION OF INTENT TO REINSTATE THE "CULTURAL ARTS PROGRAM" IN
THE OVERTOWN AREA AS QUICKLY AS POSSIBLE.
�n
Mayor Ferre: Ann Marie.
Ms. Anne Marie Adker: I'm Anne Marie Adker, 238 N.W. 8th Street. I was
before the Commission the first of November of last year asking for a freeze
on funds for the Cultural Arts Program. I am here today with a proposal.
I am asking for those funds at this particular time. Did you hear me at
first?
Mayor Ferre: Yes. I'm sorry I didn't, but Miller just explained to me
that you were here talking about the sums that were previously frozen and
the remaining... Mr. Manager, do you have an answer?
19 PJA N 131983
Ilk
Mr. Gary: Mr. Mayor, first of all the Overtown Economic Development Corporation,
I just received the information a few minutes ago, is stating that they would
be the agency as umbrella organization for overall administration of cultural
arts program. First of all, that is not what we pay them to do. Secondly,
I have not seen this and I cannot respond to this. I would suggest that you
ask me to review this and come back with a recommendation. I will sit down
with Ms. Adker.
Ms. Adker: Mr. Mayor.
Mayor Ferrer: Yes.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: It reads as follows. Father Theodore Gibson would turn over
in his grave if he knew that the beautiful park that the City named in his
honor was being operated without programs and supervisory personnel. Isn't
that one of the reasons why so many youths hang around aimlessly on street
corners in Overtown?
Ms. Adker: I did not write it either.
Mayor Ferre: O.K., you are not Shaft. Shaft wrote it.
Ms. Adker: I'm not Shaft. But this is the same thing that I have been coming
before this Commission addressing time and time again.
Mayor Ferre: All right, Ms. Adker, let me say this. I know the Manager has
Instructed the staff to give priority to all Overtown questions, and I think
high in that is the use of Gibson Park and the expenditure of additional funds.
The City of Miami in its budget had approved an additional $500,000 precisely
so that we could address the issue of usage of our parks so that we can get
our young people especially more active in the park activities.
Ms. Adker: But these parks become impossible. I would like to take that
program and I have the authority from the school board to take it into
Booker T. Washington.
Mr. Dawkins: With the money that was frozen we could very easily do that.
Ms. Adker: All right.
Mr. Dawkins: I think what the Manager was saying is he would like to work
with you to see if there is more funds available or what have you. But the
money that was frozen, we agreed at the time that we froze the money that...
now it is not the total amount because Mr. Gary explained to us...I mean, well,
the staff explained, the Administration, that some of that money had already
been spent before we froze it. Do you understand that now?
Ms. Adker: I want to know what problem would there be with that program
coming under our community based organization.
Mr. Gary: There could be a lot of problems.
Mayor Ferre: Mr. Manager, when would you be and when would staff be ready
to address this?
Mr. Gary: At the next Commission meeting, Mr. Mayor.
Mayor Ferre: Is that all right with you?
Ms. Adker: No, sir, it is not, because I have an ultimatum from my young
folk.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir. Are you counting now?
20
JAM 13 'Q3
sl
R:, if:
r]
Mr. Gary: Yes, sir.
Mayor Ferre: Did you get up to ten?
Mr. Gary: I need a hundred.
Mayor Ferre: Well, what is your answer, Mr. Manager? We need to move along.
Mr. Gary: Mr. Mayor, first of all, we had a program in that community which
was a good program which was to correct a bad program. We have had experiences
with attempting to allow community based organizations to run recreational
programs in'this City. The City Commission in the Charter has directed the
Manager to run and manage those programs. If�we are going to be held accountable
we also have to have the responsibility of doing what we thing is best in that =
community. What we think is best takes into consideration the desires of the
people in that area.
Mr. Dawkins: Mr. Gary, let me see if we can short circuit some of this.
This is a program Harvey McKnight was on. We fired Harvey McKnight. Is
there any reason why we cannot get somebody else to go ahead and move....
Ms. Adker: We have a director.
Mr. Dawkins: Hold it, Ms. Adker ... and we can get somebody to go up Booker
Washington with this program. If not, tell me why so we can move on.
Mr. Gary: Yes, we can, and....
Mr. Dawkins: O.K., then let's work with Ms. Adker.
Mayor Ferre: Howard.
Mr. Gary: But Ms. Adker is not going to tell me who is going to be the
director.
Mayor Ferre: Of course, of course, and you have to understand that, Ms. Adker,
that the Manager is going to run the City and that includes that park and
this department. All right, Mr. Manager, may I address Walter Pierce through
you?
Mr. Gary: Yes, sir.
Mayor Ferre: Walter, yesterday Jackie Bell came to see me. We went over to
your office because the Manager was out. This is what she was talking about.
Isn't it?
Mr. Walter Pierce: Yes, it is.
Mayor Ferre: And she is recommending that we do it so you don't misunderstand
she wasn't here asking to do it through herself. She wanted to do it through
you. But she was here and I think it speaks very highly of her to support
strongly the need for the program in Overtown.
Ms. Adker: Yes, sir.
Mayor Ferre: She was supporting you, O.K. I want to make that clear so
that we don't start this problem between all of us.
Ms. Adker: No, it won't start because she has heard what those kids are
saying.
Mayor Ferre: That's right. She is saying that the kids are saying that
it was a good program and they miss it. They want it back. She says that
she concurs with the importance of it. She wants it to go back no matter
who runs it. She was not here trying to get it for herself. She just
wants it reinstituted.
Ms. Adker: Yes.
sl
21
JAN 13 1963
0
Mr. Dawkins: Mr. Gary, may I speak to Mr. Howard through you, please?
Mr. Gary: Yes, sir.
Mr. Dawkins: Mr. Howard, is it possible for you and I sometime next week
to go to Gibson Park unannounced and you and I look at the program there
and look at the facilities and then you and I will come back and chat with
the Manager. Is that all right with you?
Mr. Al Howard: I would enjoy that.
Mr. Dawkins': I would appreciate it. I'll get in touch. I would like to
go and actually see what is happening there. I mean you and I, and then
I will report back to the Commission.
Mayor Ferre: All right.
Ms. Adker: Is that the message I am to take back?
Mayor Ferre: Look, let me put it to you this way. Let's formalize this.
Mr. Gary: Don't give us any threats.
Mayor Ferre: One of you make a motion that it is the intention of the
Commission to as quickly as possible reinstitute a cultural arts program
in the Overtown area and ask the Manager to expedite it as quickly as
possible. Now that is a general statement. Dawkins moves. Is there a
second?
Mr. Carollo: Second.
Mayor Ferre: Seconded by Carollo. Further discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption.
MOTION 83-12
A MOTION OF INTENT OF THE CITY COMMISSION TO, AS QUICKLY
AS POSSIBLE, REINSTATE THE CULTURAL ARTS PROGRAM IN THE
OVERTOWN AREA; FURTHER REQUESTING THE CITY MANAGER TO
EXPEDITE SUCH AS MUCH AS POSSIBLE.
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
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
JAN 13 1983
0
7
19. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED AMENDMENT TO THE
LEGISLATURE ALLOWING CITY MANAGER TO MEET WITH MEMBERS OF THE
CITY COMMISSION IN EXECUTIVE SESSION UPON DECLARATION OF EMERGENCY;
Mayor Ferre: I have one other pocket item. I want this to be carefully
understood. Mr. Manager, on Tuesday we had a disturbance two weeks ago.
You had to -make some important decisions. Some of those decisions dealt
with policy matters. That evening you were able to consult with Miller
Dawkins and with J.L. Plummer. The following day, I arrived and then
Demetrio was here and so on. There were times when you were gathering
the Commission were all in the Chief's office. I don't know whether we
ever really violated the Sunshine Law. I don't think we did, but we were
really on the verge of discussing items. You came to me at one time and
you said, "I cannot_ make this decision without getting the majority of
the Commission's approval because it has long term implications and it
is a policy mutter. We have to make a decision now." I got on the phone
(and I will remind you that was Thursday morning) at 10:00 o'clock in
the morning. I got on the phone and called up Janet Reno. Janet Reno
said you cannot discuss any of that unless you notify the public. I went
downstairs to see if perhaps that might be an advisable thing. Between
my assistant and I we counted over 100 reporters and camera people from
Seattle, Washington to Bangor, Maine from Paris, France to Singapore.
I mean they were all here, hundreds of them. That particular morning
there were well over one hundred reporters and camera people. There
was no way we could have that kind of a discussion. Plummer had a funeral
problem, so I said, "Fine, you talk to Plummer first and I will wait."
Miller you had some problem that you had a meeting at 12:00 o'clock so
I waited for you. Then finally you didn't take too long. J.L. spent
all morning talking about this and I sat there cooling my heels making phone
calls waiting for J.L. He was in there for an hour and a half. You were
ten or fifteen minutes. Then I went in around 12:30, 1:00 o'clock and I
spent close to an hour. It is not the inconvenience. I don't mind waiting
or making J.L. wait or somebody else wait in line. It is just the absurdity
of the situation and the fact that it dealt with a very critical decision
that you had to make that morning. One of the policies it dealt with was
on the approach that the Police Department was to take, what the Police
Chief was going to do and the question of the use of tear gas and other
things. In the two and a half or three hours ... and then you had to go get
Demetrio Perez on the phone and Joe, both that day were out of town, and
then figure out how to inform them as to what your decisions were and what
have you. I know that the Sunshine Law is sacrocanct to the press, and the
common cause, and to many of us in this community. But we cannot have a
crisis situation where the Manager feels he cannot make a decision without
-
discussing it with the Commission and setting a policy. It's a Catch-22.
-
What I recommend that this Commission do, and it is not ours to do, it
is the legislature's. I think the odds against getting it passed are frankly
very slim because of the strong objection of the Speaker of the House to
make any objections to the Sunshine Law, even though that in the Senate I
think we could get it through. The point I am trying to make is this.
-
When there is a state of emergency declared, and I think both State Law
-
and the Charter gives me the right to declare a state of emergency and
gives the Police Chief the right to do that. For some crazy reason it
does not let the Manager do it and I don't quite understand what that is
and we ought to try to get that corrected also. Once that is done, it seems
}
to me that if the Manager needs to talk with the policy board, which is the
`}
Commission, we ought to be able to do it immediately. To safeguard public
access, it is my opinion that a full transcript word for word ought to be
kept, nothing ought to be said that isn't both taped and transcribed, and
.�
that it ought to be available, Mr. Garcia -Pedrosa, and the way you wrote it,
you said ten days after. I don't think that is wise. I think it ought to be
24 hours after. In other words, whenever a state of emergency is lifted within
y' P
24 hours I think that all those transcripts ought to be made public information.
So the attempt here is not to in any way by-pass or skirt the access or the
knowledge of the public to what is going on. My attempt here is to be able
to give the Manager the ability to go into immediate action in those matters
23 .JAN 13 1983
sm:
;1
0
Mayor Ferre (CON'T): which the Manager feels he needs policy clarification
on. See, we don't live in a governmental system that permits the Manager
to violate the policy of the City of Miami Commission without the concurrence
of the legislative body. I really, therefore, think that we need to memorialize
this somehow. I realize that the odds are strongly against it happening, but
we just need to put it on the record. Yes, sir.
Mr. Gary: Mr. Mayor, I concur with your concerns; because it was important
during the civil disturbance that I have feed back from the Commission in
terms of some issues that related to policy. Most were related to administration.
But those administrative policies were, in my estimation, of critical concern
that would affect the community that the Commission should be aware of before
they were implemented. I would like to say, though, that I don't think...
I think instead of a state of emergency, Mr. Mayor, I would change that to
read any civil disturbance. Let me tell you why I am saying that.
Mayor Ferre: That's too broad, Howard.
Mr. Gary: Well, let me tell you why, though. A lot of times, a state of
emergency says that you are going to bring in outside forces. It allows you
AN to bring in outside forces when you declare a state of emergency.
Mayor Ferre: Well, that is what you were trying to avoid.
Mr. Gary: Exactly. So what I am saying is, if we want to have that meeting
we first need to have a state of emergency to bring in outside forces and
most times we don't want to do that. Not only for image sake, but for
also security sake, in terms of bringing the National Guard in and the
Florida Highway Patrol. So I guess what I am saying is we need to have
that decision before the state of emergency, as opposed to declaring a
state of emergency first.
Mayor Ferre: It's too broad to do it that way. I get your point, but look,
if I were...and remember I showed restraint in the fact that I did not call
a state of emergency. I did not do it frankly, even though we did have a
state of emergency, because that is exactly what the newspapers would have
picked up all over the country. The headlines in the Times Picayune in
New Orleans, or whatever....
Mr. Gary: Right.
Mayor Ferre: ....would have been "State of Emergency Declared in Miami."
That is exactly what I wanted to avoid. But I think that there has to be
a safety valve somewhere. But it has to be under drastic circumstances.
Perhaps, Mr. City Attorney, you and I talked about this yesterday, is there
a definition of what a state of emergency is. I mean when life or limb is
at stake, or somebody ... or burning, or the destruction of property or life,
or limb?
Mr. Garcia -Pedrosa: Mr. Mayor, the State Statute does not specifically
define the state of emergency, but it does give us the language that would
constitute the definition when it refers to a declaration of an emergency.
Mayor Ferre: Is the language something that you think is reasonable?
Mr. Garcia -Pedrosa: Well, I will read it to you if you want.
Mayor Ferre: Sure.
Mr. Garcia -Pedrosa: "An act of violence or a flagrant and substantial
defiance of or resistance to a lawful exercise of public authority
and that an account thereof there is reason to believe that there
exists a clear a present danger of a riot or other general public
disorder, widespread disobedience of the law, and substantial
injury to persons or to property; all of which constitute an
immediate threat to the public peace or order and to the general
welfare of the jurisdiction affected or a part or parts thereof."
981
JAN 13 1983
E
sl
i
7
Mayor Ferre: What I would like to do then is this. Do you have the language?
You gave me that yesterday and I don't know where it is. Do you have sufficient
copies of that for the Members of the Commission?
Mr. Garcia -Pedrosa: Do you mean for the legislature?
Mayor Ferre: Yes, this is stating the City's position and recommending to the
State Legislature that they take this into consideration that they deliberate
on the Sunshine Law.
Mr. Garcia=Pedrosa: I do not have sufficient copies but it is only a two -page
document. -We can get them run off in a second, if you want.
Mayor Ferre: Why don't you do that?
Mr. Garcia -Pedrosa: O.K.
Mayor Ferre: The only change that I would put in there is that it be 24 hours
rather than ten days.
Mr. Garcia -Pedrosa: Mayor, if we can do...as you know we already have one
discrepancy with the State Statute. I don't want to create another one. The
State Statute provides for 72 hours. Would you accept the 72 hours instead
of a 24 hour period so that it conforms....
Mayor Ferre: No, sir, I tell you. I think the press and the people in the
press who have these strong feelings about accessibility have a very valid
point. I think the moment the emergency is over, all information ought to
be totally available to everybody. As a matter of fact I don't think we
even ought to wait 24 hours. The moment the emergency is over, then the
people of the community have a right to see everything that was done. It
ought to be documented so that there is immediate accessibility to it. Once
the emergency is over, there is no need. The only need you have to meet in
secret that way is to make an immediate decision on something that impacts on
the community. The common cause letter saying that secret meetings in effect
create the illusions of conspiracy and that it exacerbates rather than helps
is patently absurd for on the face of it for a very simple reason. What
do you think the Manager and the Police Chief are doing if not meeting in
secret and planning out exactly what is going to be done next. That creates
the same mystery. The mystery is there anyway. I mean there is no way you
can get away from the mystery. What we are doing by this is getting elected
officials who supposedly are representative of the people who elected them
involved in those policy matters that are important. Now if it is not a
policy matter, if it is a routine decision to be made by the Police Chief
and it is a routine matter, you don't need City Commission concurrence.
You don't need City Commission concurrence on following the regular policy.
Where you need City Commission concurrence is when you are going to take
an extraordinary step, like for example, don't send in the Swat team, don't
use tear gas, or use. Then, I think the Manager, and I understand his
position does not want to assume the full responsibility of doing something
other than what is standard operating procedure without the concurrence of
the elected body. I think that is an appropriate thing. In other words, when
there is standard operating procedure in effect there is no need to consult
with the Mayor or the Commission. It is only when there is a change, when
the Manager wants to say "Do not do standard operating procedure" that I think
the Manager wants the safety of having concurrence by the elected officials.
Am I correct in stating that, Mr. Manager?
Mr. Gary: That is correct. Particularly since you have to answer to the
electorate.
Mayor Ferre: I mean if something goes wrong, if the Manager says "Do not
use tear gas. Do not use the Swat team. Do not use helicopters." Then
all hell breaks out, then somebody is going to point the finger to the Manager
and say, "Well, you interfered with the use of standard operating procedure."
Now this bill, this act that has been... the substance of it I think perhaps
we ought to read it into the record. It says:
'Notwithstanding the foregoing and all other provisions of
this section, no violation of this section shall be committed'
25
JAN 13 1983
sl
0
al
Mayor Ferre (CON'T): "by any member of the City Council or County
Commission who attends a meeting in said Council or Commission
not open to the public when said meeting takes place during a
state of emergency declared pursuant to Florida Statutes, when
matters considered by such Council or Commission at such private
meetings are matters relating to the emergency. Further minutes
or recordings..."
In other words, Mr. City Attorney, we can't talk about anything other than the
immediate emergency.
"Minutes or recordings...."
I think I would put minutes and recordings, not an or. I think you ought to have
both.
Mr. Garcia-Pedoosa: Then you need to have someone there, Mayor....
Mayor Ferre: That's right.
Mr. Garcia -Pedrosa: ....who is not a Member of the Commission to take minutes.
Mayor Ferre: I think that is absolutely right. I think you have to absolutely
safeguard that whatever we say and do there is totally recorded, so I would
put minutes and recordings of the proceedings at said private meeting shall be
open to the public immediately after the state of emergency has been terminated.
Mr. Garcia -Pedrosa: Well, I was going to suggest, Mr. Mayor, that we leave it
the way it is and strike the words "ten days after." So that the phrase would
then read....
Mayor Ferre: "Said private meetings shall ^not be open to the public
inspection until...."
Mr. Garcia -Pedrosa: "....the state of emergency has been terminated."
Mayor Ferre: "....after the state of emergency has been terminated." Fine.
Well, what is the opinion of the rest of the Commission on this?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Would you all read this during the day and think about it. Get
advice and we will take it up later on by the end of the day.
Mayor Ferre: Now the City Attorney has requested two other aclaratory
amendments. One of them, I think, is... well both of them, I think, are
simple. The State Code and the City Code are at odds with each other. It
was apparent in 1980. But somehow we never got around to correct the City
Code to conform with the State on the declaration of an emergency. But we
need to do that. Would you explain that, Mr. City Attorney?
Mr. Garcia -Pedrosa: Yes, sir. The State Statute, for reasons that I also
don't understand, Mr. Mayor, provides that only the Mayor or in his absence
the Chief of Police, can declare the state of emergency, rather than the City
Manager. Our Code gives that responsibility to the City Manager. What I
am concerned about it that should it be done ever by the City Manager, rather
than in compliance with the State Statutes, we might incur some liability.
26
JAN 13 1983
lJ
Mayor Ferre: So, I think the thing to do, Mr. Manager, since the Police
Chief in effect reports to you, it is a cumbersome type of a thing, but
we had better conform to State Law so that we are not liable in any way.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: I don't think the current one presently conflicts with State Law
as I have read it. If I recall the State Law says that the declaration of ,
a state of emergency can either be called by the Mayor, the Chief of Police,
whomever the local ordinance designates. It Books like I need to have the
City Attorney to talk with me first before....
Mayor Ferre: If that is the way that it reads, then we don't have any legal
problem, Mr. City Attorney.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: I don't want to take up the Commission's time on this, Mr.
Manager. If it is not clear, then I think... Mr. City Attorney, would
you bring this back this afternoon with the other one?
Mr. Garcia -Pedrosa: All right, air.
Mayor Ferre: You talk to the Manager and clarify it. I don't care one way or
the other. I just want to get it clarified so that we can conform to the law.
AT THIS POINT THIS DISCUSSION WAS MOMENTARILY DEFERRED.
Z 20. FIRST READING ORDINANCE: REPEAL SECTIONS 13-51 THROUGH 18-71
(ART. IV) AND 18-76 THROUGH 18.77.6 (ART. IV.5) ENTITLED
"PURCHASING AND CONTRACTS GENERALLY" AND "PROFESSIONAL SERVICES
CONTRACTS", RESPECTIVELY, ETC., AND INSERTING NEW SECTIONS THEREIN!
Mayor Ferre: Mr. City Attorney, we need to amend the minority procurement
ordinance to provide a termination date. Otherwise, we are going to be in
trouble with the courts. Would you explain how that comes about? I want
you to listen to this because it is the County thing. It is the criticism
of the judge. I think we better correct the shortcoming that we have.
Mr. Garcia -Pedrosa: I read Judge Kehoe's extensive opinion on the County's
minority procurement ordinance and I think it differs significantly from ours
except in one respect.
Mayor Ferre: Explain that so that the press does not misunderstand it. It
differs, what do you mean? Do you mean ours is better?
Mr. Garcia -Pedrosa: Yes, sir, basically the County and I think the judge's
words were to the effect that it is not only a race conscious ordinance that
the County passed, but a race exclusion ordinance. Contrary to that our
ordinance specifically provides that no one shall be excluded from consideration
on account of race. So we don't have, in my judgement, that problem. That,
I think, was the central and basic and .fundamental reason why the court recently
invalidated or held unconstitutional....
Mayor Ferre: Now tell us what you want to do with ours.
Mr. Garcia -Pedrosa: There was a separate criticism made, which I don't think
was central, but it was nevertheless made, of the County's ordinance. That
was that these types of programs are inherently remedial in nature and should
therefore end someday. They should have a termination date. In checking our
ordinance, we frankly don't have a termination date either. I felt, and I
recommended to you, that we not give a potential opponent an additional
argument on something that I don't know that is controversial.
2"7
'JAN 13 1983
III
to
0
Mayor Ferre: Tell us what you recommended to remedy it.
Mr. Garcia -Pedrosa: I recommend that we amend the ordinance on first reading
today, on second reading the next meeting to provide that the program shall
end at such time ... this is the minority procurement program ... as the effects
of prior unwarranted discrimination against Hispanics and Blacks have been
compensated for, and that there be a yearly review by this Commission of the
continued need for the minority procurement program after you get the annual
report by the compliance board that you have set up.
Mayor Ferrei In other words, the Commission will decide when... the elected
body will decide when in its opinion there is not longer any discriminatory
practice and we have overcome that.
Mr. Garcia -Pedrosa: There is no longer any effect from prior unwarranted
discrimination. Yes, sir.
Mayor Ferre: That gives us legal remedy to the criticism of Judge Kehoe.
Mr. Garcia -Pedrosa: Yes, sir.
Mr. Carollo: I move that we accept the recommendations that the City Attorney
has made.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Moved by Carollo. Seconded by Dawkins. Further discussion?
You bring it back then in written form.
Mr. Garcia -Pedrosa: You have it in front of you in written form, Mr. Mayor.
I would like to read the ordinance, if I may.
Mayor Ferre: All right, is that all right as an ordinance on first reading?
Mr. Carollo: That's first reading.
Mayor Ferre: Is that all right with you?
Mr. Dawkins: It is first reading, yes.
Mr. Carollo: First reading.
Mayor Ferre: Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9530,
WHICH ESTABLISHED A MINORITY PROCUREMENT
PROGRAM, BY ESTABLISHING A TIME FOR TERMINATION
OF SAID PROGRAM AND PROVIDING FOR A YEARLY
REVIEW OF THE NEED FOR CONTINUATION THEREOF.
Was introduced by Commissioner Carollo and seconded by Commissioner
Dawkins and passed on its first reading by title by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
rdAN 131963
S1
21. INSTRUCT CITY MA14AGER TO REQUEST CHAIRMAN OF THE BOARD OF MIAMI
CAPITAL INVESTMENT, INC. TO APPEAR BEFORE COMMISSION REGARDING
PROPOSED ASSISTANCE TO BE GIVEN TO BUSINESSMEN AFFECTED BY THE
RECENT OVERTOWN CIVIL DISTURBANCE.
Mr. Dawkins Mr. Mayor and Commissioners, I would like to pass a resolution
that some assistance be given to the individuals who lost their businesses
in the area. I was out there. There is approximately $250,000 to $300,000
worth of damage. I would like to offer a resolution that those individuals
who own their own businesses be allowed to some kind of way get their money
from Miami Capital Development, which has an unallocated revolving loan fund
of $1.3 million. Mr. Gary, I would like for the Miami Capital Development
Inc. to make available $300,000 of that revolving $1.3 million to those
individuals who had their businesses destroyed in that area the other day.
I would like to make that as a resolution.
Mr. Gary: Before you do that I think it is important to note that the City
Commission, the City Manager has very little authority over Miami Capital
Development Inc. I would also like to let you know that in my estimation
they have not been sensitive to what the intent of this Commission wanted
that body to be about. When we start talking about that organization, we
were talking about getting Blacks and Latins given an opportunity to get
low cost loans to start businesses.
Mr. Dawkins: Who has control over the MCD?
Mr. Gary: There is a board that has control over this organization.
Mr. Dawkins: Where does the money come from?
Mr. Gary: Most of the money comes from us as a result of the riot -aid....
Mr. Dawkins: See, this is another of those damn times where we provide the
money but we don't have control. I constantly hear this from you, Mr. Gary.
I get tired of it. Every time I look, we provide money but we can't control
anything.
Mayor Ferre: Let's go over the record of that. Miami Capital was a creature
of the City of Miami Commission. We created it. We created it because during
the Carter Administration there were monies available specifically. We
competed with Metropolitan Dade County. Metropolitan Dade County structured
and created their unit, that is the one that Al Hope... What is it called?
Mr. Gary: EDCO.
Mayor Ferre: The City of Miami also created an entity called Miami Capital.
It was put under the Department of Economic Development, whatever the name of
—� it was then. Now, as it was structured (and it had to be approved by the
Federal Government). They wanted input from the community. So we approved
a board. We appointed members to the board. Juan del Cerro, for example,
was... Plummer, he was your appointment. Wasn't he?
Mr. Plummer: Correct.
Mayor Ferre: And he is the chairperson of it. I think they selected their
own chairman. Is that right? Or do we appoint him?
Mr. Plummer: It is my understanding they appoint their own.
Mayor Ferre: They select their own administrator and what have you. The
man who is now their administrator is Claude Anderson, who happens to be
Black. One hundred percent of the monies come from the Federal Government.
Charlotte Gallogly, as I understand it, oversees the operations and works
with both the board and the men who administer the program. As I understand
it, and I happen to have coincidentally had dinner with the man, he is very
happy with the relationship between he and Charlotte Gallogly....
29
.JAN 13 1983
■
sl
ea
Mr. Dawkins: Mr. Mayor.
Mayor Ferre: He seems to think that things are going along just fine.
Mr. Dawkins: Mr. Mayor, Mr. Mayor, right now I am not trying to be nasty to
you or anything. But I could not care less about the personal relationship
of the individuals in the thing. My concern is that we, this Commission,
has some constituents out there who need assistance, and I am being told
by the Manager that regardless of how this Commission may feel about it,
there is nothing we can do about itt
Mr. Perez: Mr. Mayor, I would like to ask something. I belong to the board
of that Miami Capital. I only had the opportunity to meet one time with
these people. I requested a lot of information several times from my
constituents and I never have received enough information. I would like
to instruct the City Manager to call the Executive Director of this board
for the next Commission Meeting in order that we may have the opportunity
to discuss all these matters of Miami Capital before the City Commission,
because I think that we have a lot of questions to pose to these people.
Mr. Dawkins: With that in mind, I withdraw my request until the Manager,
the guy comes before us.
Mayor Ferre: We want the recommendation, Mr. Manager, of the Administration.
In other words, what specifically I would request, Howard, that before you
do that, that you personally talk to Claude Anderson. See where they stand,
where you stand, and where we are going. They are out of money, as you know,
come June. They have $300,000 left, as I understand it, as unallocated funds.
But I think you ought to personally review... As I understand it, 70% of
the loans that have been made have gone into the Black community. But on a
numerical basis, it is about 55% because the Black loans are smaller than the
Latin loans and so on. But I think that you ought to really get into that
and come up with a recommendation through Charlotte.
22. SPECIAL RECOGNITION BY MEMBERS OF THE CITY COMMISSION OF KIND
ASSISTANCE RENDERED BY MAYOR MILLER (OF THE CITY OF OPALOCKA)
AND COMMANDER DAVIS AT THE TIME OF THE RECENT DISTURBANCE IN
OVERTOWN AREA.
Mr. Dawkins: The other resolution I have... Mayor Miller, will you and
Commander Davis come forward? I would like to offer a resolution that this
Commission thank Mayor Miller and Commander Davis for their verbal and visual
assistance during the disturbance that we had. Mayor Miller informed me and
the Manager that she and everything that Opalocka had was available for us.
Commander Davis with his 25 years of experience on the Miami City Police
Department was available for consultation and what have you. So I would like
to offer that as a resolution.
Mr. Carollo: I second that motion.
Mayor Ferre: All right, is there further discussion? Mayor Miller, we are
proud of your concern and involvement and interest. We thank you. Call the
roll.
�JAN 19-83
sl
s�
The following motion was introduced by Commissioner Dawkins, who moved
its adoption.
MOTION 83-13
A MOTION OF THE CITY COMMISSION TO OFFICIALLY THANK MAYOR
MILLER OF THE CITY OF OPALOCKA, AND COMMANDER DAVIS$ FOR THEIR
KIND ASSISTANCE RENDERED DURING THE RECENT CIVIL DISTURBANCE
IN THE OVERTOWN AREA.
Upon bring 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
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
W
23. REFER TO CITY MANAGER FOR INVESTIGATION ALLEGED FAILURE OF
POLICE OFFICERS TO PROTECT VICTIM AT RECENT OVERTOWN CIVIL '
f4
DISTURBANCE, AS REPORTED IN NEWSPAPER ARTICLE.
Mayor Ferre: Are there any other pocket items?
Mr. Carollo: Mr. Mayor, there is one more that I would like to bring up.
Mr. Mayor, I think the main reason 'that this government or any form of
government exists is for the protection of lives and property. There was
a letter to the editor that appeared in the Herald this Monday. No, I
have not become a "born again believer" in what the Herald writes, but this
was written by a citizen. It had a heading that was given to it that read
as follows: "Overtown Victim Miami Police Failed to Protect." It was
written by Frank Waller, Miami, where in his letter he states that as he
and a companion of his, both veterans of our armed forces, were being attacked
that a group of policemen on 6th Avenue watched the whole incident but
refused to come to their aid. "After I ran up to them and told them that
my friend was still back there, they continued to refuse to help." This
is what the individual states. There is a picture of him here where he
has blood all over his face and upper chest. He states in the letter that
his car was destroyed and he will require extensive medical care because
of what he states as police failure to provide even minimal protection.
What I am afraid that is happening is that we are not finding the middle
of the road somewhere. At the same time that we cannot go to one extreme
and have any officers in our force that are not being 100% professional.
31
JAN 13 1905
W
Mr. Carollo (con't) The other extreme is that we can't afford to have officers
that are not going to enforce the law and uphold their sworn oath. I can under-
stand that some of our officers feel and rightly so, that they are in a Catch-22
situation. They have been good officers, good professionals, have tried to do
the best job they can for all of this community and they feel that it doesn't
matter that nobody cares about them; that they are expendable and every time
something happens politically hot, they are going to be the first ones that
are going to thrown to the fire as the scapegoats. I think we have to work with
all the different groups and communities within our City and with our Police
Department to find the middle of the road where there is not going to happen,
but what i& can't, at the same time, as we have complained that other things
have happened, or allegations of things that have happened, if we don't want
those types of allegations to come again in the future, we cannot let our Police
Officers, if this is true, stand by idly, while any of our citizens are in
deep trouble. What I would like for the City Manager to do immediately, is
to (and I will you a copy of this letter that appeared in the paper) give this
to our Police Department through the proper channels and this be part of the
investigation that our Internal Affairs unit and Office of Professional Com-
pliance are doing now and I would like a report back to this Commission as
to just what happened in this particular instance; if any, or part, or all of
what this individual stated in his letter is true, and if so, who were the
supervisors in charge of our officers that were there that day. I hope that
what this man states here was not so, but I think that this is another area
that deserves to get a clear and precise answer. I don't think that we want
to create the type of image where any of our citizens, whether they are Black,
White, Latin or anything in between, feel that our City is becoming a City
where the laws are not going to be enforced and that when a citizen is in
need of a police officer, they can't depend on him. Mr. Mayor, do we need a
motion for this or....
Mayor Ferre: It is on the record and you are a member of the Commis-
sion, you ask the Manager, you are entitled to that request and he has to
answer you. I don't think there is any need for a motion, is there? Okay,
now, are we through with the pocket items?
24. REQUEST CITY MANAGER TO STUDY POSSIBLE CITY-WIDE OBSERVANCE OF -
" DR. MARTIN LUTHER KING, JR.'S BIRTHDATE ON JANUARY 15TH.
Mr. Dawkins: Mr. Cobo wanted to ask permission of the City Commission.
Mayor Ferre: Mr. Cobo, okay.
Mr. Frank Cobo: Good morning, Mr. Mayor, fellow Commissioners, Mayor Helen
Miller of Opa Locks. I live at 326 N. W. 43rd Place, resident of Miami. I
am assistant to Commissioner Valdez of Dade County. Commissioner Barbara
Carey and Commissioner Valdez are in a transportation meeting this morning
and could not be here. We had also asked Senator Carry Meeks to be here.
She is in Orlando. I am here for the purpose of asking the City Commission
to consider a resolution that was passed before the County Commission not _
too long ago, which is way overdue, not only for Miami, but for the rest
of this country, that we declare officially January 15th as a Martin Luther
King birthday and a holiday - official holiday for the City of Miami. I do
have a similar resolution that was passed before the County Commission that
I would like to read, if possible, Mr. Mayor.
Mayor Ferre: All right, go ahead and read it quickly, Frank.
Mr. Cobo: okay.
"Resolution designating the birthday of Martin Luther King, Jr.,
January 15th, as an official City holiday; whereas Martin Luther
King, Jr., was an outspoken civil rights advocate expousing equal
rights and justice for all people, based on philosophy of non-
violence and whereas Martin Luther King, Jr. was the youngest
person to win the Nobel Peace Prize and was hailed by Dr.
the chairman of the Norwegian Parliament's Nobel" o�
mittee, as the first person in the Western world to have shown
Id 32 'JAN 13 1983
us that a struggle can be waged without violence and whereas January
15th marked the anniversary of Martin Luther King, Jr.'s birthday,
and whereas this Commission and the citizens of the City of Miami
wish to boner and continue the work and philosoohy of Dr. Martin
Luther King. Jr.; now therefor be it resolved by the Board of City
Commissioners of DAde County, Flnrida, City of Miami, that January
15th shall he an official City holiday tn be obsorvPd by all Ciry
employees."
Mayor Ferre: All right, I will tell you, my personal opinion is this. T am
All in favor of t-hat, but Mr. Manager. because it creates a tremendous econ-
omic problem for the City, I would like to..'.and I don't want to get in tro-
uble with the Italian community on Columbus -Day or.. obviously you can't tam-
per with George Washington or Abraham Lincoln. Somewhere, someplace, there
must be a day that we presently celebrate that we could kind of mix in with
this one. I don't want to get into Veteran's Day, Memorial Day and all that,
but I think, or my guess is, that you are talking about it costing the City
of Miami a couple hundred thousand dollars to do this.
Mr. Gary: In anticipation of this coming back up again, first of all I would
like to say I support Martin Luther King holiday. Secondly, in anticipation
that this is going to come up, I sent the Mayor and Commission a memorandum,
outlining the cost associated with granting such a holiday. The cost in terms
of dollars is approximately $280,000. The cost in terms of the productivity
lost in terms of people not being here, is approximately $340,000. So, we
are talking about almost $650,000 that it will cost the City of Miami to do
such. I would also like to bring to your attention that we have collective
bargaining agreement and we have offered to the unions the right to celebrate
Martin Luther King birthday vs. some other holiday and the unions, other than
Sanitation, have agreed. Sanitation we have negotiated. They have taken
Martin Luther King holiday and they have forgone, or given up some benefit
to receive this new holiday. I would suggest to the Commission that this
decision be made during the selective bargaining agreement so that when we
are going to give some money to employees, so that they have to also give
something back to the City of Miami.
Mayor Ferre: Mr. Manager, I would like to do it this way. I would like to
memorialize it into something. I would like to outline what I think the
motion should read. See, first of all, that the City Commission goes on
record in favor of declaring the 15th day of January as a City holiday and
to commemorate the birthday of a great American, Martin Luther King. Secondly,
that it be instituted the following way. The Manager be instructed immediate-
ly to come to a conclusion with the bargaining unit and subsequently, with
the people not covered by a bargaining unit so that this can be accomplished
in a way as not to cost the taxpapers of the City of Miami the $600,000 that
you have outlined and that can be simply accomplished by the substitution of
this for other days, for example, in many contracts we have the person's
birthday. Is that true?
Mr. Gary: Yes, sir.
Mayor Ferre: A person's birthday is also a specific holiday for individuals.
Perhaps the way to do that... that might be one vehicle. I think with the
tight budget that we have, beset with all these economic problems, we need
to avoid, if possible, the expenditure of $600,000 for an extra holiday with-
out getting some benefit in return from the various employees, so as not to
cost the people of Miami $600,000. Now, that is in no way to belittle the
importance of Martin Luther King, and I frankly am willing to consider the
substitution of Martin Luther King for another holiday. We go around chang-
ing the names of parks around here because it is current and apropos to the
community and I see no reason why we can't do the same thing... in other words,
there are two separate issues. One issue deals with holidays and the recog-
nition of a great American, which I think is long overdue. And the second
thing, is the question of economic impact and I would hope that we could find
a solution for the second one without doing injustice to the first. Yes,
Mayor Miller.
Mayor Helen Miller: Helen Miller, Mayor of Opa Locka. We have about 15,000
people in our City and of course, we are not as large as most of the cities,
but feel it is time that we, as people recognize, if one of us and we in
ld 33 'JAN 131983
iV& 0
Opa Locka recognize tomorrow, the 15th, and we have given our people a holiday
tomorrow and I think the City of Miami, the County, they set examples for people
like me and that is my Treason for being here this morning so that I can learn
from larger municipalities what I can take to my City. and I feel as though it
is long overdue and we should do something about having that day set aside for
a great American such as Martin Luther King.
Mayor Ferre: We all concur with that, Mayor Miller. What we are trying to do
is do it in such a way so that it won't cost the taxpapers $600,000 and I think
there are ways of doing it. In other words, one has nothing to do with the
other and we declare the holiday, there might be another holiday that perhaps
is less meaningful to the people of Miami today. We don't necessarily have to
celebrate it. That is something that we have to...I frankly have some ideas
on that, but that is something that we will discuss after the Manager comes
back with a recommendation.
Mr. Plummer: Mayor, let me ask you a question. In Opa Locka presently, how
many legal holidays do you have for your City employees?
Mayor Miller: We have all the legal holidays, including Martin Luther King's
birthday.
Mr. Plummer: Do you give your employees their birthday?
Mayor Miller: Yes.
Mr. Plummer: Do you give them a personal day?
Mayor Miller: Yes.
Mr. Plummer: So you have the same eleven that we have here?
Mayor Ferre: Do you celebrate Columbus Day?
Mayor Miller: All the holidays - all the legal holidays are celebrated.
Mayor Ferre: Well, some governments celebrate Columbus Day and others don't.
Mayor Miller: All of the legal holidays are celebrated in the City of Opa
Locka, including... yes, this would be twelve. And what I am saying we are
a small municipality and the City of Miami has a lot of our people.
Mayor Ferre: The Manager has pointed out and I think...I want to make sure
that there is a proper amendment to this. Mr. Manager, tell me again, how
do you want to word this?
Mr. Gary: You can't designate it as a City holiday without that going into
effect, but once you say City holiday, they automatically get it regardless
of the conditions you put on it.
Mayor Ferre: Well, how do you want to word it, then?
Mr. Gary: I think it should be that the City...
Mayor Ferre:... wishes to recognize Martin Luther King and to celebrate his
birthday...
Mr. Gary:... provided that...
Mayor Ferre: ... we ask you to sit down with the various union bargaining agencies
and administrative personnel to work it out and come back with a solution, the
intent being very clear. Now, what that does, I would hope...do we celebrate -
Columbus Day?
Mr. Gary: Yes, sir.
'. Mayor Ferre: I don't want my good friend Judge John Gale and Ernie Fannato
and the Sons of Italy to come back angrily at me, but perhaps there might be
a way for us to combine Columbus and Martin Luther King, or something - I don't
know.
ld 34 iJAN 13 1983
i
i
Mr. Cobo: Mr. Mayor, could Mr. Teems make a statement, please?
Mayor Ferre: Yes, sir. Yes, Mr. Teems.
Mr. Donald Teems: Mr. Mayor and Commission, Don Teems, 'resident of the
Miami Fire Fighters. A little bit of clarification from the City Manager's
standpoint about an offer. I believe all of the bargaining units put on the
table the last two times - they asked for Martin Luther King's birthday as
a holiday and they also asked for Jose Marti's birthday as a holiday.
Mayor Ferrb: That is an additional holiday.
Mr. Teems: Yes, sir. Sanitation...
Mayor Ferre: So in other words...
Mr. Teems:...Sanitation did not give up another holiday to get Martin Luther
King's birthday. Sanitation has an extra holiday from all of the other City
employees.
Mayor Ferre: But Don, what you are asking for is one more holiday. We have
eleven, now you want thirteen. Is that it?
Mr. Teems: No, we are just talking about Martin Luther King's birthday here, is
my understanding. But, what I am saying is, the Sanitation employees do have
twelve right now. All right, they were given that in the contract negotiations.
When we put it on the table, we were refused it.
Mayor Ferre: It cost money.
Mr. Teems: I understand that.
Mr. Gary: Mr. Mayor...
Mr. Teems: But, what the Manager says is that Sanitation employees Raves up
a holiday to get Martin Luther King's birthday. That is not true.
Mr. Gary: That is not what I said. I said they gave up a benefit. Now, Mr.
Mayor...
Mr. Teems: That's not true either.
Mr. Gary: Well, put it this way. They gave up a benefit.
Mr. Teems: That is not true!
Mr. Gary: Mr. Mayor, I think I went over with all the City Commission in
terms of the percentage increases that were given to Sanitation, which is
much lower than those increases that were given to Police and Fire, so
obviously, if you look at the benefits that the Police and Fire got in terms
of their salary and other benefits compared to Sanitation, you will find that
Sanitation did give up some benefits.
Mayor Ferre: All right, sir.
Mr. Dawkins: Mr. Teems, I am pleased that you came forward. This is a part
of my problem. If all the unions negotiated at the same time, and every-
body knew what everybody else had, we would not have this problem, but when
you have a problem when one union is negotiated and in my opinion, played
against the other union, and what we are getting, we have this problem, so
thank you for bringing it to my attention.
Mr. Teems: You are exactly right, Mr. Commissioner. That is the way we feel
too, that when I go to the table and I hear Sanitation gave up sick days and
the Police Union gave up this and you have got to get up that, I agree with
you that - you know - we have that problem.
Mr. Gary: Well, that is not a problem. That's not a problem at all. That
is the process by which you negotiate. We have three separate unions ... four.
ld 35 'JA N 13 11983
%1.
Id
Mayor Ferre: Okay, well, we are not going to get into union negotiations.
Mr. Gary: We are not going to get into that.
Mayor Ferre: Now we have one thing before us and that is, Martin Luther
King Day and I think the intent of...who is making the motion?
Mr. Dawkins: I will make the motion.
Mayor Ferre: All right, is there a second?
Mr. Plummer: Second.
Mayor Ferre: All right, it has been moved and seconded. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 83-14
A RESOLUTION RECOGNIZING THE DATE OF JANUARY 15 AS A DATE
TO BE COMMEMORATED IN THE CITY OF MIAMI AS THE ANNIVERSARY
OF DR. MARTIN LUTHER KING, JR.'S BIRTHDATE; FURTHER INSTRUCT-
ING THE CITY MANAGER TO ESTABLISH CONTACT WITH THE COLLECTIVE
BARGAINING REPRESENTATIVES OF CITY EMPLOYEES FOR THE PURPOSE
OF AGREEING ON THE MOST APPROPRIATE METHOD OF CELEBRATING DR.
KING'S BIRTHDATE IN THE FUTURE.
(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
25. BRIEF DISCUSSION ITEM: REGARDING CITY FUNDS PREVIOUSLY GRANTED
BY THE CITY TO ALPHA-66 FOR THE PURPOSE OF BRINGING EXISTING
ZONING CODE VIOLATIONS IN BUILDING HOUSING REFUGEES UP TO CODE
REQUIREMENTS.
Mr. Perez: Mr. Mayor, let me ask the City Manager - I want to have a report.
If you remember, about two months ago, we approved a motion in reference to
Alpha-66. We have not received any report from you.
Mayor Ferre: Let's go over that so that we don't misunderstand. Okay? I
want to put this on the record because there are a lot of newspaper stories
and letters to editors that were totally misinformed. Mr. Manager, Alpha-66
has never been accused of terrorism or placing a bomb in the United States of
America. There is not one, single record, so when the Herald/News and the
letter writers in the Herald and the News talk about this terrorist organiza-
tion, that does simply not meet with the reality of historical fact. That
has never occurred. Now, Alpha-66 is involved in dealing with the overthrow
of the Communist regime of Cuba and to that extent, it may violate Neutrality
Act, or whatever it is called and that is a Federal problem, but there has
never been any question of Alpha-66 being involved in terrorism or placing
bombs or what have you. The problem comes here that in the typical fashion
of our country putting them all together in one boat. We confuse numbers
and perhaps think that Omega-7 is Alpha-66 and so on, just because they hap-
pen to have a number behind their name, but the most important and pertinent
3s
}dAN 16 WS
ssr=
40 •
fact of all is that what we were in effect doing with this motion that passed
here unanimously was offering to help these people so that they would not be
in violation of a City code with regards to the fixing up of a roof that was
leaking where people were living. These are Mariel refugees. Now, my position
is, if nobody in this town, and I say this with all due respect to all of us,
is out helping these Mariel refugees to find a decent roof, if we don't do
it, or help these people to do it, they are going to end up being out on the
street and sleeping under archways or somebody's front yard and it seems to
me, little money indeed to help in a very critical situation. The main point
being, however that none of these monies were to be used for any other reason
other than=the fixing of that roof. Now, that was, as I recall, five or six
months ago -and question is, where do we stand?
Mr. Gary: First of all, I apologize for not getting back to you with a report. -
I will get a report to you within a week.
Mayor Ferre: What do we do now?
Mr. Gary: Wait until I give you a report.
Mr. Perez: Would it be possible to have the report today?
Mr. Gary: I said within a week I can give it to you. It may be today, it
may be within two days. Something has been done.
Mr. Perez: Let me be clear on something.
Mayor Ferre: They are about to get closed down.
Mr. Perez: These people are waiting for that fund, you know? That building
is supposed to be closed, but we approved, I think that the spirit of that
motion was to assist the social service of that institution. It doesn't
have any relation with the political service or anything else. They received
a court order about a week ago and I think that that is an emergency situation
where they are having that problem.
Mayor Ferre: See, under the logic of the editorials, okay?...under the
logic of the editorials, this United States of America should never be
dealing with Menachem Begin, nor should we have every dealt with Kenyatta,
because Kenyattalafter all, was part of the Mau Mau organization and therefore..
well, sure, Kenyatta was an active member of the Mau Mau in the same way that
Menachem Begin was an active member of the undergound. Under the logic of
that, then we shouldn't be dealing with them. The fact is, that these people
are doing something out of the territorial waters of this United States that
in no way violates any laws of the City of Miami, or the State of Florida.
They are not terrorists. There is no accusations of them having put bombs.
What they are doing is, they are giving refuge to people and the question is,
they have asked for money because of the fact that there is a leak in the
roof, and we, this Commission unanimously approved, as I recall, $10,000,
strictly for the purpose of fixing the roof and nothing more. Now, we need
to get on with this thing, either that or (INAUDIBLE) the Fire Department
or the Zoning Board closing them down and let the roof leak.
Mr. Carollo: Well, I just have to shake my head and wonder if everything in
this City is going to be directed by editorial pages of the Herald? I frank-
ly don't give a hoot what the Herald says or whatever other means of communi-
cations there is in this town. I think the people have made the decision for
the City, the five people sitting up here that were elected by the majority
of the tax payers and citizens of Miami. To show again another example of
(this is not going to be a complete rerun, by the way) the hyprocrisy of the
Herald, they could go ahead and write a big editorial blasting this Commission,
City of Miami for approving funds that is going to an organization that is
anti -Castro yes, but that organization is going to use those funds to help
people living in Miami. At the same time, they make no mention, nor do they
condemn whatsoever in their own paper anywhere, or their editorial pages,
the Communist sponsored and front organization, the Antonio Maceo Brigade that
recently, one of their key leaders met with Castro's C.G.I. in Mexico and
agreed that they would supply thirty of their people in this country so that
Castro can send them in one of his international brigades to fight in Angola.
At the same time, they call a patriot, one of their reporters, Mr. Ricardo
Alonso, that individual little beard like Lenin sitting over here that calls
ld 37 IJAN 131983
himself now Ricardo Zaldivar, who was a fine new member of this Communist
organization, the Antonio Maceo Brigade. He spent approximately a month and
one-half in Cuba as recent as four years ago on a stay and lodging that was
paid completely by the Communist regime of Cuba; then when he came back to
this country, traveled through the universities speaking and praising how
great Castro was. The hyprocrisy that I see from those editorial pages is
sickening. By the way, Mr. Alonso, if anything that I have said is inaccurate,
please come to the mike and clarify it.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Can we now move along?
Mr. Gary: -This matter will be addressed according to the City Commission's
directive.
26. ESTABLISH ANNUAL SALARY OF JOSE R. GARCIA-PEDROSA, CITY
ATTORNEY, AT $80,608.
Mayor Ferre: We are now on Item "A", the City -Attorney, Mr. Garcia-Pedrosa's
evaluation. The Chair recognizes the City -Attorney.
Mr. Garcia -Pedrosa: You want to see that file.
Mr. Dawkins: Mr. Pedrosa, I had asked you for an organizational chart, list-
ing the...
Mayor Ferre: Wait, wait. He is...all right, Mr. City -Attorney, Commissioner
Dawkins is addressing you.
Mr. Dawkins: I had asked you for an organization chart of the Law Department
and according to this chart, you have only ... we have three ethnic bodies in
this community - Latin, Black and White. According to this chart, you have
no Latins employed. You have Jose R. Garcia -Pedrosa, White; Robert F. Clark,
White; and you have Terry Percy here, who you should not have, listed as
■ Black, and you do not have one Latin listed. You don't have any Latins
working in the Law Department?
Mr. Garcia -Pedrosa: Commissioner, that of course, is not so. You had asked
me for a breakdown according to race and that is what I gave you.
Mr. Dawkins: I asked you for an ethnic breakdown.
Mr. Garcia -Pedrosa: Well, Commissioner, I've got your notes either here or
back in the office and respectfully, I will show them to you.
Mayor Ferre: Hey, okay look, whether he is right or wrong, he is right, okay?
Now, the point is, you know exactly what he wanted. He wanted to know how
many Laltins, how many Blacks and how many Anglo Whites are on...
Mr. Carollo: Look, let me do like Father Gibson used to do and see if we can
bring this to a head. I think that the thing to do from now on is to include
White Americans, Native Americans, Black Native Americans and for the Latins,
include if they are Latin Blacks or Latin Whites or Latin Orientals. Every-
body is happy! That would clarify everything for you won't it, Miller?
Mr. Dawkins: I guess so, and I'm very disturbed that all thirteen lawyers,
you have got one Black one. You can't count Percy, and of the thirteen, you
have got three Cubans and of thirty-one employees, only four of them are
Black and only nine of them are Latin, so in my opinion, your affirmative
action is very, very lousey. That's my opinion.
Mr. Garcia -Pedrosa: You and I have discussed this matter before. Let me
say at the outset that I have nothing to apologize for. I inherited a depart-
ment which essentially in the same composition as it is before you today and
if anything, I think that the limited hires that I have made have not in any
way ... in fact I will say this - the net result of the changes that I made
Id 38 'JAN 131983
0
in personnel have actually improved on a percentage basis the minority repre-
sentation. But having said that, let me tell you that I have given a great
deal of thought to some of the things that you have said to me over the last
few weeks on this question. I had occasion to give a great deal of thought
to the Black representation in my department, frankly, as a result of the
Overtown disturbances. I want you to know that I was the only official of the
City of Miami present at Nevelle Johnson's funeral, and the reason that I went
was that I think in retrospect, that you are correct that in departments such
as mine, there is a need for additional and greater participation by the Black
community and I think you are right in insisting that I do that. I intend to
do that and I think you are even right in insisting, Commissioner that ... and
I don't knbw that we agree - I sort of doubt it as to the timing of it, but
I think after giving some thought to this matter and light of what has happened
recently in our community, I have come to the conclusion that you are also
right, that there should be a Black as a Deputy. I will tell you
what my problems are. My first problem is, that I will not deviate from my
standard that I don't hire anybody but good, very, very good lawyers and I
think that the three hires that I have made reflect that policy and I cannot
accept the notion that we can't find very good Black lawyers in this community.
Mr. Dawkins: I am glad you said that because I was just getting ready to ask
you, were you telling me that there were no good Black lawyers in Miami, but
you corrected it. Thank you.
Mr. Carollo: Let me say this for the record...
Mayor Ferre: (INAUDIBLE)... you can't get them in Miami if they live in Dania.
Mr. Garcia -Pedrosa: Let me tell you what my other problems are though,
Commissioner. I have a department to run. Lawyers, all lawyers ... I think all
good lawyers are prima donnas. I don't want to have a morale problem by bring-
ing somebody in�in a manner that would create problems. I would like to
accomplish the deputyship situation, for example, the way that Terry Percy,
and for that matter, Bob Clark accomplished theirs and I don't see that there
is any reason why we can't do that. And the third problem I have, is frankly,
I need some help in identifying very, very good Black lawyers and with the same
candor that I have told you that I think you are correct in the insistances that
you have made to me over the past few weeks, I have got to tell you with the
same candor that I haven't been getting any help, not only from you, but from -
and I will name them, if you want - six other sources that I have attempted to
contact.
Mr. Dawkins: Okay, the only problem I have with that sir is, you do not ask me
to find you good White lawyers. You do not ask me to find you good Jewish law-
yers and you do not ask me to find you good Latin lawyers, so why should I be
responsible for finding you good Black lawyers?
Mayor Ferre: And you are not the Personnel Department.
Mr. Dawkins: That's rightl
Mr. Carollo: He isn't going to ask me though, Miller. I mean, you know, you
are the person he is going to go tol Seriously now...
Mayor Ferre: Well, I think we all have a responsibility of identifying people
and I have tried - I've ask George Knox to help me with that and George had
identified several and I've passed those names on to you and I sure you have
been meeting with them and so on, but I think ... Jose, look. I think that, and
I concur with what Miller just said. He said he is satisfied. I think that
there is good faith on your part and I commend you for being so frank and open
about it, but, you know, somewhere, somehow soon, we need to bring this to a
head. I don't think six months is an inordinate amount of time. I mean, it
just takes you one month to figure out where you are and a couple of months to
get settled down and you have been here for six months now, but I do think that
we need to kind of bring this to a head fairly soon. And l have got to tell
you, just like I told you and your predecessor, with regards to Latin attorneys,
that if you cannot find a good Latin attorney in Miami - there are a lot of good
Latin attorneys, just like there are a lot of good Black attorneys, but the good
ones may be making a lot of money and they have nice jobs, and they just don't
want to take on a position in the City of Kjami for less pay and what have you,
so you may have to go to Chicago, once you have exhausted Miami and Fort Lauder-
dale and as a matter of fact, that is exactly what George Knox did when we put
39
Id JAN 13 1983
pressure on him to get a Latin attorney. lie had to go up to Orlando, I think
is where he found...what?
ld
Mr. Carollo: Ocala.
Mayor Ferre: He had to go out of the City to get a good Latin attorney
and you know, you may have to do the same thing.
Mr. Garcia -Pedrosa: Mr. Mayor, I think it should be clear that out of fif-
teen lawyers we have four Hispanics, so I don't think that is exactly the
biggest problem. I think the biggest problem is in the area of Black law-
yers.
Mayor Ferrg: I agree with that and how many Black lawyers do you have?
Mr. Garcia -Pedrosa: One.
Mayor Ferre: Who is that?
Mr. Garcia -Pedrosa: Joe Maxwell. That is not counting of course, Terry
Percy, who is technically on the payroll until tomorrow.
Mayor Ferre: Yes, but I mean, as of tomorrow, you have one and I think that
we have to do better than that.
Mr. Carollo: Let me say this. I think that the concerns that my colleague
Miller has expressed are very legitimate and they are concerns that we all
share. At the same time, I think that it is only natural for the Black
member of the Commission, you know, definitely has the best contacts in
the Black community to be consulted by our City Attorney just like he would
normally consult the Hispanic members if he is looking for Hispanic at-
torneys for the City. We have better contacts there than Miller would, but
at the same time, I think it is a little unfair to maybe place our City
Attorney in the position where he has had to explain the record that he has
in such a short period. I think that should have been up to this Commission
to have brought it out and sorry that you started it before I did, since I
made the motion to appoint you as the City Attorney originally. I think
that the record that Garcia -Pedrosa has accumulated six months that he has
been in the City is equal to the best City Attorney this City has ever had,
and I am not trying to take anything away from George Knox or other good
former City Attorneys that we had, but I think the job that he has done in
the Law Department has been an excellent job that has not been over -matched
by anyone in that office before. At the same time, it is certainly a fact
that the Department that he has - the composition, the ethnic and race com-
position that he has in that Department was one that he took over from the
previous City Attorney. Any if anything, it is definitely correct to state
that he has improved the makeup of the Department, inasfar as having more
minorities working for the Department, so I think that in the six months
that he has been there, he has done an excellent job and he certainly has
even more of my confidence now then he had when I originally voted for him.
Mayor Ferre: All right. That is a good statement. Mr. City -Attorney, is
there anything else that you want to add to your report? I read it last
night at midnight and I thought it was a very good report.
Mr. Garcia -Pedrosa: No, sir. The only thing that I can tell the Commission
at the risk of being held accountable by Vice -Mayor Plummer, come the end of
the fiscal year is that we are operating as of the end of the calendar year,
the first quarter, about 13% under budget.
Mayor Ferre: All right, Mr. City -Attorney, when you came and the Commission
instructed me to try to negotiate a salary with you, I kind of cut you down
a little bit and I know you were a little upset about that and I said, "Look,
we will review this in six months and then we will take it up". So, the six
months are here and unless anybody has anything else on the operation of that
Department, I'd like to bring up the subject of your salary. Now, how much are
you making at the present time?
Mr. Garcia -Pedrosa: $75,608.
Mayor Ferre: How much ... as I remember one-time ... please forgive me for asking
these publicly, sometimes...
WAN 13 1983
Mr. Carollo: Howard, you had better not talk about yours here buddy, with the
crowd we have got here today!
Mayor Ferre: Sometimes these things are ... I agree to that! Now, Mr. City -
Attorney, and I am sorry we have to do these things publicly, but that is the
way it is. It has to be done this way. How much was your predecessor making?
Mr. Garcia -Pedrosa: I think at the time that he left, Mr. Mayor...
_ +Mayor Ferre: $83,000?
Mr. Carollo: It was pretty high up there. Do you remember, Howard? It was
about $80,'000 - $81,000?
Mr. Garcia -Pedrosa: $78,000, $79,000?
Mr. Gary: No, he was making about $73,000, $74,000. He left before the new
increases came in effect.
Mayor Ferre: Oh, because there was a new increase?
Mr. Carollo: If I recall, Howard, he was right up there with your salary
at that date. Whatever your salary was at the time that Garcia -Pedrosa
came in, he was right up therewith you - a little below you, but right up
there with you.
Mr. Gary: I think you ought to negotiate with him separately and I am not...
any comments I make is not to detract away from the fact that he should get
a raise.
Mayor Ferre: Oh no, we are just asking for facts and information. That is
nothing.
Mr. Gary: When he left, he was making approximately $74,000, $75,000 and we
brought Jose in - you probably made less than what George is making at that
time and the reason he came up where he is now is because we had the increases
that George wasn't given.
Mayor Ferre: Well, Mr. City Attorney, when we were talking - when I talked
to you specifically to negotiate your salary, it wasn't $75,000. As I remem-
ber, it was under $70,000, wasn't it? What did you start at?
Mr. Garcia -Pedrosa: I started at $70,000, which was what you...
Mayor Ferre: $70,000. As I recall, you wanted $75,000. Was that the
discussion? Refresh my memory.
Mr. Garcia -Pedrosa: Mr. Mayor, can I just say this and I will answer your
question. I told Vice -Mayor Plummer some time back and I want to say to you
publicly— I had one discussion with you concerning my compensation before
I was appointed and I have told my staff and I want to tell you, that that
is the first and the last time that I will speak to any member of this
Commission either personally, or as a group about my compensation. Having
said that - in fact when you deliberate, I would like to be excused, if you
don't mind. Having said that, you told me, and I never really asked you
for any amount of money - you told me that you would start my salary at
$75,000.
Mayor Ferre: Did you start at $70,000?
Mr. Garcia -Pedrosa: Yes, sir.
Mr. Carollo: Well...
Mayor Ferre: Why don't you step away so that you can ... and we will let
Clark...
Mr. Garcia -Pedrosa: Mr. Mayor, one more thing I do want to say; I also told
my staff and I also want you to know that I want to come here and argue
vociferously, if I need to, for money for my department, because the people
that do the work are the people in the department and I want to have that
ability in the future.
41
,JAN 13 L98J
ld
Mayor Ferre: Mr. Garcia -Pedrosa, I think we are about to increase your
salary. If you don't want your salary increased, please let us know so
we can save five minutes of discussion.
Mr. Plummer: Yes, but I think it is totally unfair to this Commission that
he walks out the door, but his wife has lobbied everyone.
Mr. Carollo: Howard, if I may ask you, how many City employees at this
time make as much or more than he does in salary.
Mr. Gary: :I don't know. I didn't come prepared for this.
Mr. Carollo: Please, from the top of your head. I know it is...
Mr. Gary: One, that I know of - Assistant City Manager Vincent Grimm.
Mr. Carollo: Yourself of course, the Police Chief.
Mr. Gary: Myself.
Mr. Carollo: The Fire Chief.
Mr. Gary: No, I don't think the Police Chief. Let me get the figures for
you. I want to be exact, okay?
Mr. Carollo: We will get that in a minute or two, but I think that what is
important to look at, number one, is what is discussed by all of us, if not
the majority of us with him before he came aboard. I know that all of us
felt, and I certainly did when I spoke to him that I wanted to start him at
a lower salary and see how he did for six months and based on his performance,
we would go from there. At the same time, I think that we should look at
what other cities or counties in size comparable to ours and even smaller
for that matter pay their city attorneys. I think they could look at Metro-
politan Dade County - granted they are bigger than us, but still their City -
Attorney has a lot more help than ours does.
Mr. Gary: County attorney!
Mr. Carollo: He gets paid what, Howard, about $90,000 or better?
Mr. Gary: Not the City -Attorney. The County -Attorney has more help than
ours.
Mr. Carollo: Right, that is what I am saying - the County -Attorney has.
He gets paid around $90,000, as I recall, or somewhere in that neighborhood.
In fact, until recently, he was getting paid more than the County -Manager was.
Mr. Gary: Right.
Mayor Ferre: Let's get on with it. What do you want to do?
Mr. Carollo: Well, what I think is fair to do and then we will re-evaluate
his performance again - I think the time we discussed before was on a yearly
basis would be another six months, is to increase his salary by $5000 a year.
That will bring it up to $80,608 a year.
Mayor Ferre: Is there a second?
Mr. Plummer: Excuse me Joe, he is making $70,000 now.
Mr. Carollo: He is making $75,000 with the increase.
Mr. Gary: He is making $75,000.
Mr. Carollo: $75.608.
Mayor Ferre: I think he had some increases like everybody else did, is that
right?
Mr. Gary: No, you don't treat us like first-class citizens.
ld 42 [JA N 13 S83
0 0
Mayor Ferre: How did he get an increase?
Mr. Gary: Well, if you will recall, we had to come back to you in September of
last year to get the same increases, and the City Clerk.
Mr. Carollo: Manager, City -Attorney and City Clerk. And we approved it.
Mr. Gary: So that is how he went up. You all approved it here.
Mayor Ferre: I have a motion on the floor to increase the City Attorney's sal-
ary from $75,000 to $80,000. Is there a second?
Mr. Perez:' I second it.
Mayor Ferre: Is there any discussion?
Mr. Perez: I want to point out something, Mr. Mayor. I would like to recog-
nize the City -Attorney for having won the suit that we had the one penny tax
election and several...and for the great efforts of the City -Attorney. I
think that we have to be very proud of his record...
Mr. Carollo: We are starting to win some now.
Mr. Perez: I think that is very important and I second that motion.
Mayor Ferre: There is a motion and a second to increase the City-Attorney's
salary from $75,000 to $80,000. In speaking in favor of it, I might say
that if you went out to the private practice - $80,000 seems like an awful
lot of money, especially to people who don't have work, or that have economic
or financial problems, but we live in a competitive world. Thank God this
is not a socialist economy and we have got to go out and compete with the
private sector and other governmental agencies and the fact is, that for
this size law department and for this size work and for the involvement,
that is what I think we would have to compete with. As a matter of fact, it
is probably on the low side, so I think we just need to get on with it and
I am fully supportive of the motion. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who -
moved its adoption:
RESOLUTION NO. 83-15
A RESOLUTION ESTABLISHING THE ANNUAL SALARY OF JOSE R,
GARCIA-PEDROSA, CITY ATTORNEY, AT $80,608, EFFECTIVE
IMMEDIATELY.
(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
Mayor Ferre: Would you inform the City -Attorney to come back?
Mr. Gary: Mr. Carollo, Mr. Mayor, in response to your question, the Police
and the Fire Department, which are the highest paid directors, make $70,000,
so that puts him about $70,000 above them.
Mayor Ferre: They make $70,000, you say?
Mr. Gary: Yes, sir.
a3
ld JAN 13 1983
01
Mr. Carollo: Then we only have two other people in the City making more.
+. 27. BRIEF DISCUSSION AND WITHDRAWAL OF PROPOSED DEPARTMENT OF HARBORS
AND RIVERS ADMINISTRATION.
Mayor Ferre: Mr. Manager, are we pulling Item "G"? Who is pulling Item "G"?
Mr. Sorg, I see you and members of the Marine Council here. As I understand
it, the Manager is pulling Item "G"? For those of you that are here on the
issue of the proposed Department of Harbors and River Adminsration, it has
been withdrawn by the Administration.
Mr. Raphael Ugett: I am a member and director of the Miami River Business-
man Association. We have been here since, myself, about 9:00 o'clock this
morning. I counted ten of us here. This is the second time we have come
regarding this item here. In following your suggestions before, we would
like to be considerate with the City Attorney and the City Manager to
hear our proposals that I think will come from individuals who have enough
ability and expertise, you know, to give you a lot of the reasonings that
before you go into a decision with this item, you should realize that we
already have over twenty-four different governmental agencies having juris-
diction on the Miami River.
Mayor Ferre: That is what the problem is.
Mr. Ugett: And this is what we would like to resolve with you all as well.
We would like to sit down with the City Attorney, if you...
Mayor Ferre: I don't know if the City Attorney is in any way involved,
since there are no legal matters, I think, involved in this. If they do
come up, then the City Attorney should be involved, but the Manager, as I
understand, and I read his memorandum has gone into all the details and
has come to us with a specific recommendation for the creation of this. Now,
_ I don't know why he is pulling this, but as I understand, there seems to be
consensus forming that there seems to be a misunderstanding and we need
- more time to discuss it out with the people involved. Is that right?
Mr. Gary: Mr. Mayor, we think we have a good product here, however, we
think we should give them opportunities to discuss their concerns before
we come back to the Commission.
Mayor Ferre: Okay. That is the reason why it was pulled by the Manager.
Mr. Ugett: Good, but we will then be able to speak to the City Manager and
we when we suggested the City Attorney, there is a factor. There is a lot
of overlapping within the jurisdiction of a lot of your departments and this
is what we wanted to ascertain regarding coordination between the different
groups.
Mayor Ferre: That is something that the Manager can deal with, all right?
Mr. Ugett: Okay, thank you, sir.
Mayor Ferre: So, Item "G" has been withdrawn, those of you that are here
on the Department of Harbors and Rivers Administration.
28. (CONTINUED DISCUSSION) REGARDING CITY FUNDS PREVIOUSLY GRANTED
BY THE CITY TO ALPHA 66.
Mr. Gary: Mr. Mayor, if I may - point of privilege. I have given you the in-
formation with regard to Alpha-66 and again, I apologize for the information
being late. I think this raises some concerns that we aren't going to come out
with the solution, but we have some important facts about what the report says.
ld
4 JA N 131983
i
..
The first thing is that the building is not owned by Alpha-66. They don't
have a lease and it appears that the...
Mr. Perez: Let me point out that I called up a few seconds age and that they
have a three year lease. That is what they explained here.
Mr. Gary: That is fine. The third thing is if that the owner is John
Doe - in this case it is Mr. Murray Fisher of R.J.R. Properties. It appears
that he should be required to meet the minimum code as the owner. If we
are talking about giving money to him, we are not benefiting Alpha-66. We
are allowing him to abdicate his legal responsibility.
Mayor Ferre: Mr. Manager, you are totally correct.
Mr. Gary: i consider so.
Mayor Ferre: That doesn't solve the problem.
Mr. Gary: If you will let me finish. Fourth thing is that the repairs,
they came in and said it was $10,000. Based on an analysis of the repairs
that have to be done, you need more than $10,000. In terms of the solution,
and I apologize for not including this memo, that is that we have programs
such as the Rehab. program and we also have a program in terms of the Refugee
program that the owner has the right to participate in, not the leaseholder,
and we are now looking at the ability to finance that to the owner. Now, it
appears to me, and I've got to call a spade a spade, that the owner is not
fulfilling his his responsibility in trying to pressure this group to do
something he should be doing.
Mayor Ferre: Mr. Manager, the issue, the nut of the matter, the heart of
the situation is not Alpha-66. The issue is the housing of twenty-five human
beings that are Mariel refugees that don't seem to be able to find another
roof. Now, if you can find, you, the Administration, a Catholic Church or the
Camillus House or somebody, and I don't know of anybody who does this, who
will give these people some kind of refuge, then I think the problem is solved.
My intention in voting for this has nothing to do with Alpha-66. Alpha-66
just happens to be one, and I say this with all due respect, that I know of,
the only organization in this humanitarian city called Miami that has bothered
to worry about how to house these poor souls. Now, if United Way, if United
Jewish Appeal, if the Catholic Charities or somebody else figures out a way
to put a roof over these twenty-five people, then I think the problem has been
solved. I realize that what we are doing is, we are approaching it totally
wrong, because Alpha-66 does not own the property and because they are non-
compliance - it is not a boarding house, so they are in violation of city laws
there, so my only problem, my only problem is that this matter was brought to
the Administration four months ago or five months ago?
Mr. Gary: Either way, it is bad!
Mayor Ferre: Okay, it has been a long time and now we are into January and
now, on January 15th these people are going to be shut down and now we come
to a decision point and we are not ready to solve it and in my opinion, what
we needed is to get the social agencies who deal with these things involved.
Has that been done? Had the County been talked to? Who has these places?
Does Camillus House? I mean, who solves problems for people that are destitute
in these situations in Miami. I don't know and I don't think this is the time
for us to be going out and looking for these solutions when we should have done
this a long time ago.
Mr. Perez: I would like, Mr. Mayor to have a formal recommendation and that
these people meet with the Administration today, because it is very strange
to have this kind of petition we have to wait two, three, four months. I
can mention several petitions that your Administration has handled in twenty-
four hours and they know how to make a check in twenty-four hours when they
have an emergency situation, for example, at Christmas when you had the petition
with $10,000 that this Commission approved for toys for this community. They
are getting the checks just in one or two days and I am really surprised why
these people have to be waiting. I don't think that it is Alpha-66. It is
twenty-four Cubans from Mariel that have waited for housing and I think that it
is very important that we pay attention to this emergency situation. I don't
understand why they have to be waiting two, three or four months!
Id 45
JAN 131983
Mr. Gary: Well, first of all, I did apologize for the delay, okay?
Secondly, Commissioner, the Administration is sensitive to solving those
problems, but you also pay me to let you know some other problems so I won't
get you into some deeper problems trying to solve one problem and there are
some serious problems here that we do have here, such as zoning, and that is
not a rooming house area. There is a problem of giving Mr. Fisher a benefit
free...
Mayor Ferre: All agreed! Accepted! My only problem again is time. This
is something that should have been addressed back in October or November,
and here we are in January and it hasn't been addressed and now we have a
crisis.
Mr. Gary: I apolgize again.
Mayor Ferre: Okay, now we accept that, but please, and it isn't you, Howard,
and with all due respects, Dena, please solve the problem or come up with a
solution to the problem. I don't know, is this under your jurisdiction?
Are you handling this thing?
Mr. Gary: I will take responsibility for this. It is my fault.
Mayor Ferre: I know that. You are the Manager, you take responsibility,
but, you know, it is embarrassing to the Commission, to the City and now we
are going to go through this whole mish-mash of Alpha-66 all over again,
whether or not they are a terrorist group or a revolutionary group and
they'll go on and on and on, and it is totally unnecessary. Our concern
is twenty-five homeless people, that under other circumstances, okay, you
know who deals with them? Miami Citizens Against Crime. They come and
they say they are upset because these people are out stealing and they are
out doing this here we are trying to help and we don't seem to come to a
solution to it.
Mr. Carollo: At least we are doing a little bit better than the Herald.
At least we are not hiring people from groups that serving as mercenaries
for Castro's army in Africa, so no matter how bad we do, we can't do that
bad.
Mayor Ferre: All right.
Mr. Carollo: If I may, Mr. Mayor, I will just clarify something.
29. BRIEF DISCUSSION ITEM: SALARIES OF SOME GOVERNMENT OFFICIALS.
Mr. Carollo: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Carollo: Two minutes, real briefly. I understand that these are the
salaries that the following individuals were making as of three and one-half
weeks ago, approximately. I would just like to state this for the record
so that any devious individuals would not go out saying how we are throwing
money away on our City employees. In the County, the County -Attorney, Robert
Ginsburg, makes $92,300 a year.
Mayor Ferre: Who is that?
Mr. Carollo: The County -Attorney, Robert Ginsburg - $92,300. His first
Assistant County -Attorney, Murray Greenberg makes $88,480. The next Assis-
tant County -Attorney, Robert Cuevas, makes $84,500 and Assistant County -
Attorney, Robert Frachek makes $83,000. Now, as of December 20, '82, I be-
lieve. We were both wrong, Mr. Manager. I thought the Police and Fire Chief
were making $75,000. You thought it was $70,000. As of that date, Miami
Fire Chief Herman Brice is making $77,251 and Miami Police Chief Kenneth
Harms is making $77,251 and as of that same date, Miami City -Attorney Jose
Garcia -Pedrosa was making $75,608. Vince Grimm, Assistant City -Manager
with the City of Miami was making $79,456. Our Manager is making $89,950.
46
JAN 13 IQ
"83
ld
1
0
I think this would help clarify quite a bit.
30. ALLOCATE $11,000 TO COCONUT GROVE CARES, INC. TO COVER PAYROLL
COSTS FOR TWO MONTHS IN CONNECTION WITH THE BOXING PROGRAM.
Mayor Ferre: We will take up Item "I", Mr. Manager.
Mr. Plummer: Mr. Mayor, I have no problem with that, but I do want to remind
everybody that that will be the last speaker before the lunch break, because
we will be going for two hours.
Mayor Ferre: All right, Ladies and Gentlemen, those of you that are here on
other items that were supposed to be in the Committee of the Whole meeting,
they will not be taken up. This is the last morning item. We will meet
again at 2:00 o'clock. All right, Mrs. Virrick.
Mrs. Elizabeth Virrick: Mr. Mayor and Commissioners. I have been here so
often, I guess you don't want me to repeat my name and address. Anyway, we
came about the grant for the boxing program and we were told by the City -Mana-
ger that the recommendation he is making for the boxing for the coming year
is the same as we had last year. We were hoping to be able to get, instead of
$55,000, $90,000 and for reasons which I will tell you. But, before I do that,
I would like to say to you that if there is any program that is a crime deter-
rent, that Amateur Boxing Program is. We have between forty and fifty young
men and boys training in the gym every day. The gym is open from noon until
8:00 o'clock at night, five days a week and three hours or Saturday. We are
taking that many young people off the street. We are turning their lives
around. We have plenty of evidence of what has happened as a result of their
participation in that program, through the sixteen or seventeen years that we
have had the program. We feel if there is a search in the City for ways to
deter crime, they have certainly found it in that program. We have not only
young men and boys in there training, but we have the rest of our program
available to them by way of finding them jobs - if they want part-time jobs
and they are still in school - full time jobs, we have counseling available
to them. We have every sort of help - dental care, medical care, whatever
they need, so that program dovetails into the rest of our program. Besides,
I have to mention, and it may not sound very modest of me, but I am going to
say it anyway, you all know that we have had a great deal of local publicity.
You may not know that we were on national television last week in Good Morning
America, which is a feather in Miami's cap, especially coming at a time when
most of the reporting about Miami nationally was not pleasant publicity.
Mayor Ferre: The positive publicity, Elizabeth we got, thanks to your work
is worth substantially more than the amount of contribution that we give to
you, and I think we all recognize that. We are grateful to you. The problem
is one of economic constraint in difficult times. The Administration is recom-
mending the funding of $55,000 for your wonderful program.
Mrs. Virrick: How much?
Mayor Ferre: $55,000, which is last year's figures.
Mrs. Virrick: Oh, I thought you said $100,000. Yes.
Mayor Ferre: You were requesting an additional $35,000. You want an addi-
tional $35,000, that would bring you up to $90,000. You have to convince this
Commission to justify why those additional $35,000 is necessary, because
frankly, unless there is a strong over-riding reason, this Commission usually
follows the recommendation of the Administration and you have been unable to
convince the Administration for the additional $35,000, so you have got to
give us the reason why you need an additional $35,000.
Mrs. Virrick: I will tell you why - because we could reach more of the young
people that way and I just said, it is probably the most potent crime deterrent
program that we have in this City of Miami, or as potent as any other. We can
reach more young men and boys. We have had a history of all these years, of
I think one that I know of - there may have been others - one that I know of
4/
'JAN 131983
Id
that landed in jail who was in our boxing program. I think that if the
seven committees that are working now to prevent further civil, disobedience
can provide anything that deters crime as well as that, I would be surprised.
I think reason we need more money is because we can do more advertising,
reach more people, have more coaches. Now, right now, because of our delay
in getting our audit in, and the time the City is taking to study the audit,
we have not received a check for some time. As a result, it has put us in
a position of having to supply two payrolls, which is over $5,500. We need
a great many things that we can't do with that program to expand it, unless
we have more money. We have been raising quite a bit of money. We more
than met qur matching funds for the past year.
Mayor Ferre: All right, let's hear from the -.Administration. Are there
other people that you want to speak on this? Anybody else want to speak
on this?
Mrs. Virrick: Not unless you have questions to ask - unless they want to
speak. If anybody wants to speak.
Mr. Cesar Odio: Mr. Mayor and Commissioners, I agree with most of what Mrs.
Virrick said. On the audit part, we only got the audit last week and it
was audited two days and she did comply with that and we could not fund her
because we had orders from the City Commission not to do so until we came
back to you.
Mayor Ferre: I think now that we have the audit are you recommending that
we fund her so that we can make up those two $5,000 checks?
Mr. Odio: Yes, that is what we recommend that you extend her contract
based on the same figures as last year. Let me point out to you that the
cost per participant - her program is $2,200 and the costs of participants
of the City of Miami boxing program is only $700 in Shenandoah and $569
per participant in...
Mayor Ferre: Have you made an evaluation as to the difference of the ef-
fectiveness of the program?
Mr. Odio: Yes, we have. They only have twenty-five kids on a regular basis
in Virrick, vs. twenty-seven in Shenandoah and forty-five in Moore Park.
Mayor Ferre: Well, then Mrs. Virrick you have to address that issue. How
can, if you have twenty-five kids you are working with and Shenandoah and
Moore Park have similar amounts and it costing them $700 per young man,
then how can you spend $2,000?
Mr. Gary Ritter: I am Gary Ritter, Boxing Director of Coconut Grove Cares
and we have between forty and fifty youngsters training in the gym daily and
since we took over the program back in July of '81, the attendance has in-
creased and it is not true that...
Mayor Ferre: Are you telling me that the figures that the Administration
is quoting are not accurate?
Mr. Ritter: That is exactly what I am telling you.
Mayor Ferre: So, in other words, what you are saying is, that if you divide -
I am just doing this in my head - the amount that you are talking about by
fifty rather than twenty-five, the cost is $1,100 per boxer and not $2,200.
Mr. Ritter: We have more trainees than Moore Park and Shenandoah have and
we also put on the shows every two weeks and since July...
x Mr. Odio: Even using his own figures, the cost is still double of what it
costs us, but we have the attendance report and we are going by their at-
tendance report based on the audit that we did on their program, so that we
can only go by what they gave us.
s
i Mayor Ferre: Elizabeth, I think that ... you know, it has nothing personal
to do with you or Coconut Grove Cares, but the statement has been made that
another program is deemed functioning well with the same results, I don't
know if that is true, but with the same results, at $700 per participant.
Id 48 :JAN 13 Wdij
i
i
If that is a true statement, then how can we justify spending $2,200 per
participant?
Mrs. Virrick: Well, I don't know where they got those figures, because it
can't be right, because of the number of not only participants, but you
realize the other centers do not have two boxing events a month where we have
an attendance of approximately six to eight hundred people every first and
third Wednesday night.
Mayor Ferre: But they pay money, don't they, to get in?
Mrs. Virrick: They pay, yes, but that is entertainment. But, I think the
figure that says $2,200 per boxer has to be wrong. Are you figuring them
once a day, or once a week or what?
Mr. Odio: It is simple 'mathematics, Mrs. Virrick.
Mrs. Virrick: Well, the mathematics...
Mr. Odio: Now, the problem is with numbers is that it is either black or
white. You know, you cannot interpret numbers. They say that it is costing
us $55,000 a year and you have so many participants and that equals to a
cost per per participant. Now, your boxing programs every other week, they
produce money for your program. You charge admission and we, you know...
so it is an addition to this.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir, Mr. Manager.
Mr. Gary: Well, first of all, the reason for doing the audit is...
Mr. Carollo: Excuse me for one second. I have to leave. We had agreed that
at 12:00 o'clock we would always break. I have to leave now. I don't think
we are going to finish this item for quite a while longer, so unless you
want to bring it to a head right now, I would suggest that we bring it back
in the afternoon agenda again.
Mr. Carollo. Well, let's get a statement from the Manager and then we will
make a decision on that. I think we will follow your recommendation. Go
ahead, Mr. Manager.
Mr. Gary: Mr. Mayor, the reason we had the audit is because we have been
getting erroneous figures, all types of figures, from this organization. We
have the the audit. The audit says one thing and it is different than what
they are saying. And the reason we helped them pay for this audit was to get
the facts. Now, I have got the facts and recommended $55,000. I have been
personally to those boxing matches and if there were six hundred, eight hun-
dred people at those events, there were millions.
Mayor Ferre: There were what?
Mr. Gary: A million. If they had six hundred, eight hundred, there were a
million. Now, they have an opportunity to charge admission. We think
$55,000 is more than adequate in terms of the cost per participant. They
— need to manage their budget and their money better and I would advise that
the City Commission stick with the $55,000.
Mayor Ferre: All right, what is the will of this Commission?
Mr. Dawkins: So moved.
Mayor Ferre: Is there a second?
Mr. Plummer: Well, no, I won't second that motion.
Mayor Ferre: Well, if we are not going to second it, then I think Carollo
is right and we will have to deal with it...
Mr. Plummer; Let me try one motion immediately, and that to discuss it...
Mayor Ferre: Well, wait a moment. Before you do that, I have to ask one
more time. There is a motion on the floor that the Manager's recommendation
.9 1Z
Id JA N
0
ld
be upheld. Is there a second? All right, go ahead, Mr. Plummer.
Mr. Plummer: A quick motion is that they have now complied with the City
Commission's request, in which time their funding was frozen, that this
Commission now release those two checks of $5,000 each immediately.
Mayor Ferre: Is there a second? A second to that motion?
Mr. Plummer: That is just to release what they have had tied up. We will
address thxe rest of it.
Mayor Ferre: Wait a minute. I don't think you need the motion. That has
been done, right?
Mr. Odio: We don't have any money tied up. The contract expired, Com-
missioner.
Mr. Plummer: They said you have been holding two checks.
Mr. Gary: The contract expired.
Mr. Odio: No, sir, the contract expired back in June and you have been ex-
tending her on a monthly basis.
Mr. Plummer: What did I hear you say, Elizabeth?
Mrs. Virrick: I will say this to you, which I don't like to say. We have
to pay our staff. We have to pay the coaches. There was no money. We
borrowed all we could from one account that had it in it, which we probably
shouldn't have done, and I supplied the rest of the money.
Mr. Ritter: If we are funded at $55,000, which we were last year, it is
going to be a great dis-service to this community, because we are going to
have to laying off coaches and...
Mr. Plummer: Wait, wait. I am trying to make a motion. Did you receive
the two checks, or you did not? I heard Mrs. Virrick state that they hadn't
received them.
UNIDENTIFIED SPEAKER: Mr. Plummer, I would like to straighten out the situ-
ation now. What happened, is after the deadline, the City Commission, at the
last meeting that we attended said that they would extend the program one more
time and in January we were supposed to bring back, before January 1st we were
supposed to bring out audit in. At that particular time, when the funds ran
out in December, we still had the boxing programs and we made payroll, there-
fore that payroll is $5,000 at this point, $5,500. That is what is what Mrs.
Virrick is talking about. That is the money we have advanced the boxing
program.
Mr. Plummer: Is it $5,000 or $10,000 total?
UNIDENTIFIED SPEAKER: It is $5,500 that we have advanced the boxing program
just for this period.
Mr. Plummer: $5,500?
UNIDENTIFIED SPEAKER: Yes.
Mr. Plummer: That is a commitment this Commission made that if you did what
we asked about the audit.
UNIDENTIFIED SPEAKER: No, sir. In other words, they extended the program
until January 1st.
Mr. Plummer: Right.
UNIDENTIFIED SPEAKER: From that point on, there was no more funds to come
in to Coconut Grove Cares. Since January 1st was the cutoff date, we still
had to meet payroll, the program continued, so we advanced the money in hopes
50 'JA N 131983
1
Id
that we would get a grant, but it is the beginning of this period, the last
pay period.
Mr. Plummer: And that $5,500 will pay you to where?
UNIDENTIFIED SPEAKER: The last payroll we paid them out of Coconut Grove
Cares account. That is what she is talking about. It is nothing that the
Commission promised to do. It is just a thing that we advanced the boxing
program.
Mr. Plummer: Is that a one -week payroll, or two -week payroll?
UNIDENTIFIED SPEAKER: Two.
Mr. Plummer: So, in other words, your payroll is running $11,000 a year?
Mrs. Vi rrick: Two payrolls a month and that is...
Mr. Plummer: No, what does the $5,500 represent?
Mrs. Virrick: That represents two payrolls.
Mr. Gary: $5,500 a month.
Mr. Plummer: $5,500 a month.
UNIDENTIFIED SPEAKER: Right. One month's payroll.
Mr. Plummer: I move that we approve that $5,500 and release those monies
to them immediately. We can speak to the rest of the issue later, but let's
do that.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mr. Plummer: Wait a minute. Mr. Gary is saying to give her at least
two months which would increase it to $11,000.
Mr. Odio: Actually the figure is $4,583 a month, what they get from us.
Mayor Ferre: Whatever it is.
Mr. Plummer: I revise the motion to make it, as Mr. Gary recommends, two ■
months at $11,000.
Mrs. Verrick: Mr. Mayor, that is only payroll.
Mr. Plummer: We can talk to the rest of it this afternoon, Elizabeth.
Mrs. Verrick: In two months we will have a lot of other expenses. We don't
want it extra, we want it out of the budget that you are going to give us!
Mr. Plummer: Elizabeth, we are going to speak to...
Mayor Ferre: I understand, Elizabeth.
The following motion was introduced by Commissioner Plummer, who moved its
adoption.
MOTION NO. 83-16
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
LLLOCATE AN AMOUNT OF NOT TO EXCEED $11,000 TO "COCONUT
GROVE CARES, INC." REPRESENTING PAYMENT OF PAYROLL FOR
TWO MONTHS, AT APPROXIMATELY $5,500 PER MONTH IN CONNEC-
TION WITH THE CITY OF MIAMI BOXING PROGRAM.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
51 .JAN 13 1983
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
T)JEREUPON, THE CITY COMMISSION WENT INTO A BRIEF
RECESS AT 12:15 P.M., reconvening at 2:20 P.M., with all
members of the Commission found to be present
except for:
Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
NOTE FOR THE RECORD: At this point, the City Commission recognized the
winner of the Theodore R. Gibson Oratorial Contest - Lorin Purcell.
------------------------------------------------------------------
t 31. FIRST READING ORDINANCE: AMEND SECTIONS 13-51 THROUGH 18-71'
OF ARTICLE IV (PURCHASING AND CONTRACTS GENERALLY), ETC., BY
REPEALING THEM AND SUBSTITUTING NEW SECTIONS THEREFOR.
'F
Mayor Ferre: "Purchasing and Contracts Generally" - Item Number 13. Is
that a problem?
Mr. Garcia -Pedrosa: I don't think so, that is first reading.
Mayor Ferre: Does anybody have a problem with 13? Anybody here who objects
to Item 13 wants to speak?
Mr. Plummer: Move Item Number 13.
Mayor Ferre: All right, it has been moved by Plummer.
Mr. Dawkins: Second.
Mayor Ferre: Seconded by Dawkins. Read the ordinance, first reading only.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 18-51 THROUGH
18-71 OF ARTICLE IV. ENTITLED "PURCHASING AND
CONTRACTS GENERALLY"= AND SECTIONS 18-76
THROUGH 18-77.6 OF ARTICLE IV.5. ENTITLED
"PROFESSIONAL SERVICES CONTRACTS"f AND
SECTIONS 18-78 THROUGH 18-86 OF ARTICLE V.
ENTITLED "SALE OF REALTY", OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY
REPEALING SAID SECTIONS IN THEIR ENTIRETY AND
SUBSTITUTING THEREFOR NEW CODE SECTIONS 18-51
THROUGH 18-71 AND 18-76 THROUGH 18-861
ENTITLEDt
52
"JAN 131983
ld
6
Id
ARTICLE IV,
PURCHASING AND CONTRACTS GENERALLY
18-51. PROCUREMENT ORGANIZATION.,
18-52. CONTRACTING METHODS AND PROCEDURES.
18-53. TYPES OF CONTRACTS.
18-54. QUALIFICATIONS AND DUTIES.
18-55. INSPECTION AND DUTIES.
18-58. PUBLIC ACCESS AND INFORMATION.
ARTICLE V.
SALE OF REALTY
18-78, METHODS AND PROCEDURES FOR SALES
AND LEASES.
18-79, APPLICABILITY.
18-60. AUTHORITY TO SELL.
18-81, COMMISSION ON SALE.
18o-82. EXPENSES OF ABSTRACT OF TITLE.
18-83. PAYMENT TO BE IN CASH - CERTIFIED
CHECK.
18-84. CITY ATTORNEY RESPONSIBLE FOR
CLOSING OF SALE=
CONTAINING A RENUMBERING CLAUSE= A REPEALER
PROVISION= A SEVERABILITY_ CLAUSE AND AN
EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
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 public.
32. DECLARE "UNIFIED DEVELOPMENT PROJECT" AS MOST ADVANTAGEOUS
METHOD. AUTHORIZE REQUEST FOR PROPOSALS FOR A SPECIALTY
SHOPPING CENTER ADJACENT TO MIAMARINA TO BE KNOWN AS "BAYSIDE".
Mayor Ferre: Take up Item Number 14a. Anvthina controversial there?
Mr. Plummer: I will move it.
Mayor Ferre: Any discussion on that?
Mr. Garcia -Pedrosa: Mr. Mayor, that is what you need to do under the new
Charter Amendment to create a unified development project for Bayside.
Mayor Ferre: This is a non-controversal thing, isn't it?
Mr. Garcia -Pedrosa: Right.
Mr. Gary: Yes, it is.
Mayor Ferre: Plummer moves 14a. Dawkins seconds it. is there anv discus-
sion on 14a? Call the roll.
JAN 131983
U3
NOTE FOR THE RECORD Commissioner-Carollo enters _at& :25 P.M.
Id
The followine resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-17
A RESOLUTION DECLARING THAT THE MOST
ADVANTAGEOUS METHOD TO DEVELOP CERTAIN
_IMPROVEMENTS ON CITY OWNED LAND IS BY A
UNIFIED DEVELOPMENT PROJECT= AU—
THORIZING THE CITY MANAGER TP PREPARE A
DRAFT REQUEST FOR A UNIFIED DEVELOPMENT
PROJECT PROPOSAL; AND SETTING A PUBLIC
HEARING FEBRUARY 109 1983 TOs TAKE
TESTIMONY REGARDING A REQUEST FOR
UNIFIED DEVELOPMENT PROJECT PROPOSALS
FOR A SPECIALTY SHOPPING CENTER TO BE
LOCATED ON APPROXIMATELY 15 ACRES
SURROUNDING AND ADJACENT TO MIAMARINA
TO BE KNOWN AS BAYSIDE, AUTHORIZE THE
ISSUANCE OF A REQUEST FOR PROPOSALS,
AND SELECT A CERTIFIED PUBLIC
ACCOUNTING FIRM AND APPOINT MEMBERS TO
A REVIEW COMMITTEE TO EVALUATE
PROPOSALS AND MAKE RECOMMENDATIONS 10
THE CITY MANAGER AS REQUIRED BY CITY OF
MIAMI CHARTER AMENDMENT PROVIDING
COMPREHENSIVE PROCUREMENT PROCEDURES
APPROVED BY REFERENDUM, NOVEMBER 2,
1982.
(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 Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
33. AUTHORIZE AGREEMENT WITH GARCES COMMERCIAL COLLEGE FOR JOB
TRAINING SERVICES FOR CITY PARTICIPANTS IN THE CUBAN-HAITIAN
ENTRANT IMPACT AID PROGRAM.
Mayor Ferre: Item Number 15.
Mr. Plummer: Move it.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll on 15.
54
JAN 13 1983
2
0
The following resolution was introduced by Commissioner Plummet, who
moved its adoption:
RESOLUTION NO. 83-18
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT, SUBJECT TO THE CITY ATTORNEY'S APPROVAL
AS TO FORM AND CORRECTNESS, WITH GARCES COMMERCIAL COLLEGE TO
PROVIDE PROFESSIONAL JOB TRAINING SERVICES FOR THE CITY'S
PARTICIPANTS IN THE CUBAN-HAITIAN ENTRANT IMPACT AID PROGRAM —
WITH FUNDS EXPENDED FOR THE COST OF SAID AGREEMENT TO BE RE- _
DMURSED UNDER THE CITY'S CONTRACT WITH THE SOUTH FLORIDA —
EMPLOYMENT AND TRAINING CONSORTIUM.
(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 Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
34. AUTHORIZE AGREEMENT WITH SER-JOBS FOR PROGRESS, INC. - PROVIDE
JOB TRAINING SERVICES FOR THE CITY'S COMPREHENSIVE JOB'TRAINING
PROGRA21 PARTICIPANTS.
Mayor Ferre: Take up Item number 16.
Mr. Plummer: Move it.
Mayor Ferre: Is there a second? Moved by Plummer, seconded by Dawkins.
Further discussion? Call the roll. •
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-19
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AN AGREEMENT, SUBJECT
_ TO THE CITY ATTORNEY'S APPROVAL AS TO FORM
AND CORRECTNESS, WITH SER—JOBS FOR PROGRESS,
INC. FOR THE PURPOSE OF PROVIDING JOB TRAIN—
ING SERVICES FOR THE CITY OF MIAMI'S COMPRE—
HENSIVE JOB TRAINING PROGRAM PARTICIPANTS IN
AN AMOUNT NOT TO EXCEED TWENTY—NINE THOUSAND
TWO HUNDRED FIFTY DOLLARS ($29,250) WITH
FUNDS THEREFOR ALLOCATED FROM THE CITY OF
°r. MIAMI' S CETA. FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.) 0-
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
ld 55 'JA N 131983
L�
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.
35. AUTHORIZE LATIN CHAMBER OF COMMERCE OF THE U.S.A. (CAMACOL) TO
BOLD THEIR SECOND INTERNATIONAL GREAT FAIR IN THE ORANGE BOWL
ON FEBRUARY 3-13, 1983.
Mayor Ferre: Take up Item Number 16a.
Mr. Plummer: Move it.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Carollo seconds. Further discussion?
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: Under discussion, unfortunately, Commissioner Carollo, as a result
of me living in the City of Miami, I tend to, I guess be a little more sympa-
thic in terms of what happens to the City of Miami, therefore I try to convey
that in terms of politics.
Mr. Carollo: I think I recall what happened last year. I recall the conver-
sation we had then relating to this here.
Mr. Gary: Right. Basically, I am concerned about the fact that we made
provisions for sanitary facilities in the area, and I also have problems in
terms of the hours that it will be going on. You don't want it going on
one and two o'clock in the morning, and three, I have some problems about
selling beer and wine in that area.
Mr. Carollo: I am not going to argue with the Manager on this one. I think
that he was well on top of that situation last year - real close by too.
Mayor Ferre: Well, I don't have any problems Howard, limiting the time and
all that, but the beer and wine that was pretty well controlled, wasn't it?
If you deny them that right, you throw an economic problem on it, so I go
along with all of those conditions other than the beer and wine.
Mr. Carollo; Yes, but I think basically what the Manager is referring to is
maybe a time limitation on the beer and wine.
Mayor Ferre: No, I have no problems with that.
Mr. Carollo: Am I correct to assume that, Mr. Manager?
Mr. Gary: Yes, sir. I will yield to the wishes of the Commission regarding
beer and wine and I would hope that the hours and also the loudness of the
music that ... well, no problem, I will control that.
Mayor Ferre: We will put that within your prerogative, Mr. Manager, so let
the record reflect that the motion is been -made has as a condition that the
Manager will approve both as to the lateness of the hour of the fair and the
loudness of the music and you will determine both.
Mr. Plummer: Mr. Mayor, does this also incorporate the letter? I hope that
it does - the waiver of the fee. That is incorporated in the motion? Mr. Gary?
Id 56 "BAN 13 IM
0
Mr. Gary: Yes, sir.
Mr. Plummer: In other words, the request of this letter of January 13th is
incorporated in the motion?
Mr. Carollo: The waiver of the fee, right?
Mr. Gary: No, this is the request for the waiver of permit fees for the rides
only and that is okay with us.
Mr. Plummer: Very fine. IP
Mayor Ferri: Further discussion the motion as amended? You have the resolu-
tion that is before you and it is very specific and clear. The document that
Bob Clark has, wipe out the last sentence that refers to beer and wine. Other
than that, it is as it is written, giving the City Manager the prerogative of
setting time and the noise level.
Mr. Plummer: Are you in disagreement with that that is spelled out?
Mayor Ferre: No.
Mr. Plummer: There is a time table spelled out in the resolution.
Mayor Ferre: The motion as it is presently made gives the Manager the right
to supersede that.
Mr. Plummer: Okay.
Mayor Ferre: Those are the outline of times, but if the Manager feels that
it is not working out, then he can on the next evening cut down on time.
Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption: g;SOL'J:4ON 83-20
A RESOLUTION APPROVING THE REQUEST OF THE
LATIN CHAMBER OF COMMERCE OF U.S.A.
(CAMACOL) TO CONDUCT THE SECOND
INTERNATIONAL GREAT FAIR ON THE GROUNDS
OF THE ORANGE BOWL PARKING LOTS
FEBRUARY 3 - 13, 19831 FURTHER CLOSING
CERTAIN STREETS TO THROUGH VEHICULAR
TRAFFIC ON SPECIFIED DATES DURING
SPECIFIED HOURS, SAID STREET CLOSING
SUBJECT TO ISSUANCE OF PERMITS BY THE
POLICE AND FIRE, RESCUE AND INSPECTION
SERVICES DEPARTMENTS1 FURTHER GRANTING
WAIVER OF PERMIT FEES FOR APPROXIMATELY
100 RIDES, CONCESSIONS AND BOOTHS=
FURTHER REQUIRING CAMACOL TO EXECUTE AN
AGREEMENT, AS APPROVED BY THE CITY
MANAGER, FOR THE USE OF SAID CITY
FACILITY AND TO PAY THE REQUIRED FEE FOR
SAID FACILITYi FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT FOR
THE USE OF SAID CITY FACILITY WITH
CAMACOL, SUBJECT TO THE CITY ATTORNEY'S
APPROVAL AS TO FORM AND CORRECTNESSi
FURTHER PROVIDING THAT ALL ORDINANCES,
REGULATONS AND APPLICABLE CITY COMMISSION
POLICIES SHALL BE ADHERED TO,
(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:
Id 'JAN 131983
ld
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.
36. _RECEIVE, OPEN, AND READ ALOUD BIDS RECEIVED FOR CONSTRUCTION '
.OF "DURHA.. SANITARY SEWER IMPROVEMENT (SR 5486-C CENTERLINE
SEWER) .
Mr. Ongie: We need a motion to open the bids.
Mr. Plummer: I so move.
Mayor Ferre: There is a motion by Plummer for the opening of bids, Item
Number two. Dawkins seconds. Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION NO. 83-21
A MOTION TO RECEIVE AND OPEN BIDS FOR THE CONSTRUCTION OF
DtiRHAM SANITARY SEWER IMPROVEMENT (SR-5486-C CENTERLINE
SEWER)
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr. -
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS:
LANZA CONSTRUCTION COMPANY
RFC MAN CONSTRUCTION INC.
GOODWIN, INC.
DELTA ENGINEERING CORP.
CHAMPAGNE, WEBBER ANDERSON INC.
D.M.P. CORPORATION
OCEAN BAY INC.
Mr. Plummer: What was the estimated project cost?
Mr. Gary: $1,200,000.
Mr. Plummer: So, we came in about $300,000 under that, the low bid. We
had seven bids.
'JA N 13 Ion
37. CONFIRMING ORDERING RESOLUTION NO. 82-1109. AUTHORIZE CLERK TO
ADVERTISE FOR SEALED BIDS FOR CONSTRUCTION OF LITTLE RIVER HIGH-
WAY IMPROVEMENT H-4482 IN DISTRICT H-4482. k.
Mayor Ferre: Is there anybody here that wishes to speak at this public hearing
on Item Number 3 which is the Little River Highway Improvement H-4482.
r
Mr. Plummer: Let the record reflect that no one came forward to speak on this
item. I so move.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Seconded by Commissioner Carollo. Further discussion? Call
the roll on Item Number 3.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-22
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 82-1109
AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED
BIDS FOR THE CONSTRUCTION OF LITTLE RIVER HIGHWAY IM-
PROVEMENT H-4482 IN LITTLE RIVER HIGHWAY IMPROVEMENT
DISTRICT H-4482.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
38. WAIVE PROHIBITION OF CODE SECTION 2-302 AND AUTHORIZE CITY
MANAGER TO ENTER INTO AGREEMENT WITH VINCE E. GRIMM, JR. AS
PROFESSIONAL CONSULTANT, PRIMARILY IN CONNECTION WITH THE WORLD
TRADE CENTER TOWER PROJECT. (SEE LATER FORMALIZING RESOLUTION
NO. 83-57, AT LABEL 96).
Mayor Ferre: Take up Item Number 5.
Mr. Plummer: With pleasure I move Number 5. Get rid of the dirty devil!
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Item Number 5 has been moved by Plummer, seconded by Carollo.
Further discussion? Call the roll.
ld V;9 ',1A N 131983
THEREUPON THE FOREGOING MOTION, duly introduced by
Commissioner Plummer and seconded by Commissioner
Carollo was passed and adopted by the following
vote:
AYES: Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
NOTE: SEE LATER FORMALIZED RESOLUTION NO. i 3-57
39. SELECTION LEON ROSENBLATT TO CREATE SERIES OF LARGE PHOTOGRAPHIC
MURALS FOR THE FIRE RESCUE TRAINING FACILITY, FIRE MUSEUM.
't
E.. t
Mayor Ferre: Item Number 17.
Mr. Plummer: So moved.
Mayor Ferre: Moved by Plummer.
Mr. Carollo: Second.
Mayor Ferre: Seconded by Carollo. That is coming out of the bond funds, Mr.
Manager?
Mr. Gary: Yes, Mr. Mayor.
Mayor Ferre: Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 83-24
A RESOLUTION APPROVING THE CITY MANAGER'S SELECTION OF
LEON ROSENBLATT TO CREATE A SERIES OF LARGE PHOTOGRAPHIC
MURALS FOR THE FIRE -RESCUE TRAINING FACILITY, FIRE MUSEUM,
LOCATED AT 3425 JEFFERSON STREET, MIAMI, FLORIDA; AUTHORIZ-
ING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUB-
STANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE CITY AND
THE ARTIST FOR A FEE OF $15,000 UTILIZIANG 1981 FIRE FIGHT-
ING, FIRE PREVENTION AND RESCUE FACILITIES BOND FUNDS SET
ASIDE FOR SAID PURPOSES.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Joe Carollo
Vice -Mayor J. L. Plummer. Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Id 60 'JAN 131983
40. ALLOCATE $33,000 TO THE DADE COMMUNITY REVITALIZATION BOARD TO
HELP THEM TO CONTINUE THEIR TASK OF SOLVING SOCIO-ECONOMIC
PROBLEMS RESULTING FROM THE CIVIL DISTURBANCE OF MAY 1980. '
Mayor Ferre: Item Number 18.
Mr. Carollo: Moved.
Mr. Plummei: Second.
Mayor Ferre: Moved by Carollo. Seconded by Plummer. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-25
A RESOLUTION ALLOCATING A SUM OF $33,000 FROM THE FY'33
SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND TO THE DADE
COMMUNITY REVITALIZATION BOARD FOR THE PURPOSES OF HELPING
SAID BOARD CONTINUE TO WORK TOWARDS SOLVING THE ECONOMIC
AND SOCIAL PROBLEMS RELATED TO AND RESULTING FROM THE CIVIL
DISTURBANCES WHICH TOOK PLACE IN MAY OF 1980.
(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 Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
41. ACCEPT BID: FROM L.G.H. CONSTRUCTION CORP. FOR COCONUT GROVE
EXHIBITION HALL/WEST COURTYARD ROOF (2ND BIDDING) B-3196.
Mayor Ferre: We are on Item Number 19.
Mr. Carollo: Moved.
Mayor Ferre: Moved by Carollo. Is there a second?
Mr.
Plummer: Mr. Mayor, I am
going to second that, but I want to know from
the
Administration - you know,
there were a lot of people who came around
and
did a lot of talking about how much money they were going to put up to
see
this thing done. Has the
Administration afforded them the opportunity
to
contribute to this amount?
,}
Mr.
Gary: I think that was a
lot of wind.
>,
Mr.
Plummer: Well, Mr. Mayor,
I want Larry Pearl to lock himself in either
9
on
a five-year contract or as
he said, he was willing to come up with
i
number of dollars - Logan was
willing to come up with "X" number of dollarsl
s
Id 61 *JA N 131983
6 0
Mr. Gary: They weren't serious.
Id
Mayor Ferre: It is going to take six months of talking. We need the thing
now!
Mr. Plummer: Mr. Mayor, I agree. I want to know that they have the opportun-
ity to put their money where their mouth was. That is all I am saying.
Mayor Ferre: Tell them to tell Janet to give them twenty-four hours. Let's
vote on the thing. If they don't come back in twenty-four hours, the next
time they come up for a vote, just remind them that they talk more than they
produce. _
Mr. Plummer: Well, their rental is going to go up.
Mr. gary: Exactly! The rental will go up.
Mayor Ferre: Further discussion on the 19th? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-26
A RESOLUTION ACCEPTING THE BID OF L.G.H.
CONSTRUCTION CORPORATION IN THE PROPOSED
AMOUNT OF $851,727.009 TOTAL BID OF THE
PROPOSAL, MINUS ALTERNATE ITEM 2, FOR
THE COCONUT GROVE EXHIBITION CENTER -
WEST COURTYARD ROOF (2ND BIDDING); WITH
MONIES THEREFOR ALLOCATED FROM THE
ACCOUNT ENTITLED"COCONUT GROVE EXHIBITION
CENTER - ADDITIONAL WOR 1N THE AMOUNT
OF $851,727.00 TO COVER THE CONTRACT
COSTt ALLOCATING FROM SAID FUND THE
AMOUNT OF $38,339.00 TO COVER THE COST
OF PROJECT EXPENSE; ALLOCATING FROM
SAID FUND THE AMOUNT OF $17034.00 TO
COVER THE COST OF SUCH ITEMS AS
ADVERTISING, TESTING LABORATORIES, AND
POSTAGE; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH SAID FIRM
(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 Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
42. ACCEPT BID: FROM AL HILL PLUMBING, INC. FOR HADLEY PARK - MISCEL—
LANEOUS IMPROVEMENTS -LIGHTING SYSTEM.
Mayor Ferre: We are now on Item Number 20.
Mr. Carollo: Moved.
Mayor Ferre: It is moved by Carollo.
Mr. Plummer: Second.
62
VAN 13 I983
E7
to
Mayor Ferre: Seconded by Plummer. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-27
A RESOLUTION ACCEPTING THE BID OF
AL HILL PLUMBING, INC. IN THE PROPOSED
:AMOUNT OF $179769 BASE BID OF THE
-PROPOSAL, FOR HADLEY PARK - MISCELLANEOUS
IMPROVEMENTS -SANITARY SEWER
WITH MONIES THEREFOR ALLOCATED FROM
THE ACCOUNT ENTITLED "CHARLIE HADLEY
PARK RENOVATIONS" IN THE AMOUNT
OF $179769 TO COVER THE CONTRACT
COSTS ALLOCATING FROM SAID FUND
THE AMOUNT OF $29325 TO COVER THE
COST OF PROJECT EXPENSE= ALLOCATING
FROM SAID FUND THE AMOUNT OF $356
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.
(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 Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
43. ACCEPT BID: FROM TIMCO ELECTRIC, INC. FOR HADLEY PARK - MISCEL-
LANEOUS IMPROVEMENTS - LIGHTING SYSTEM.
Mayor Ferre: Item Number 21.
Mr. Carollo: Moved.
Mr. Plummer: Second.
Mayor Ferre: Moved by Carollo, seconded by Plummer. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
id 63 JAN 13 1983
t'
0 0
RESOLUTION NO. 83-28
A RESOLUTION ACCEPTING THE BID OF
TIMCO ELECTRIC, INC. IN THE PROPOSED
AMOUNT OF $52,000 BASE BID OF THE
PROPOSAL, FOR HADLEY PARK - MISCELLANEOUS
IMPROVEMENTS - LIGHTING SYSTEM;
WITH MONIES THEREFOR ALLOCATED FROM
THE ACCOUNT ENTITLED "CHARLIE HADLEY
PARK RENOVATIONS" IN THE AMOUNT
OF $52,000 TO COVER THE CONTRACT
:COST; ALLOCATING FROM SAID FUND
-THE AMOUNT OF $6,760 TO COVER THE
COST OF PROJECT EXPENSE; ALLOCATING
FROM SAID FUND THE AMOUNT OF $19040
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.
(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 Joe Carollo --
Vice-Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
44. ACCEPT BID: FROM M.E.T. CONSTRUCTION, INC. FOR CITY OF MIAMI/
UNIVERSITY OF MIAMI JAMES L. KNIGHT CONVENTION CENTER - ENTRANCE
CANOPY.
Mayor Ferre: Take up Item Number 22.
Mr. Gary: 22 is two resolutions - the canopy and the canopy lighting..
Mr. Garcia -Pedrosa: 22 and 22a.
Mayor Ferre: All right, the first one is the canopy itself.
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 on 22.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
s, JA N 131983
ld
64
RESOLUTION NO, 83-29
A RESOLUTION ACCEPTING THE BID OF MET
CONSTRUCTION, INC. IN THE PROPOSED
AMOUNT OF $102*474.00 BASE BID PLUS
ADDITIVE ITEM A OF THE PROPOSAL, FOR
CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES
L. KNIGHT INTERNATIONAL CENTER - ENTRANCE
CANOPY= WITH MONIES THEREFOR ALLOCATED
FROM THE ACCOUNT ENTITLED "CITY OF
MIAMI/UNIVERSITY OF MIAMI JAMES L.
KNIGHT INTERNATIONAL CENTER AND PARKING
:GARAGE" IN THE AMOUNT OF $102s474.00
-TO COVER THE CONTRACT COST; ALLOCATING
FROM SAID FUND THE AMOUNT OF $2,051.00
TO COVER THE COST OF PROJECT EXPENSE;
ALLOCATING FROM SAID FUND THE AMOUNT
OF $2o025.00 TO COVER THE COST OF SUCH
ITEMS AS ADVERTISING, TESTING LABORATORIES,
AND POSTAGE; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH
SAID FIRM.
(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 Joe Carollo
Vice Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre.
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Mayor Ferre: Now item 22a.
Mr. Carollo: Moved.
Mayor Ferre: Moved by Carollo. Is there a second?
Mr. Plummer: Second. How much is the lights?
Mr. Garcia -Pedrosa: $7,500.
Mayor Ferre: It has been seconded. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-30
A RESOLUTION ACCEPTING THE BID OF R.
L. GOODE, INC. IN THE PROPOSED AMOUNT
OF $7,522.00 FOR ADDITIVE ITEM B OF
THE PROPOSAL, FOR CITY OF MIAMI/UNIVERSITY
OF MIAMI JAMES L. KNIGHT INTERNATIONAL
CENTER — ENTRANCE CANOPY (LIGHTING);
WITH MONIES THEREFOR ALLOCATED FROM
THE ACCOUNT ENTITLED "CITY OF MIAMI/UNIVERSITY
OF MIAMI JAMES L. KNIGHT INTERNATIONAL
CENTER AND PARKING GARAGE" IN THE AMOUNT
OF $7,522.00 TO COVER THE CONTRACT
COST; ALLOCATING FROM SAID FUND THE
AMOUNT OF $308.00 TO COVER THE COST
OF SUCH ITEMS AS ADVERTISING, TESTING
LABORATORIES, AND POSTAGE; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM.
ld 65
JAN 131983
th
(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 Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
MayoreMaurice A. Ferre
NOES: 'None
ABSENT: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
45. ORDERING RESOLUTION: GRAND AVENUE SIDEWALK IMPROVEMENT -
H-4483 - DESIGNATE PROPERTY TO BE ASSESSED.
Mayor Ferre: Take up Item number 23 - Grand Avenue Sidewalk Improvement.
Mr. Carollo: Moved.
Mr. Plummer: Second.
Mayor Ferre: Moved by Carollo. Second by Plummer. Further discussion on
23? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-31
A RESOLUTION ORDERING GRAND AVENUE SIDEWALK IMPROVEMENT
H-4483 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL
ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST THERE-
OF AS GRAND AVENUE SIDEWALK IMPROVEMENT H-4483.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
--------------------------------------------------------------------------
NOTE FOR THE RECORD: Commissioner Perez entered at 2:40 P.M.
--- ------ ------------------ ---- --------- ----- --------------,----------------
GG
r
"JAN 13 1983
ld
fe
46. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS.
t
Proclamation: Declaring Saturday, January 15, 1983 as Dr.
Presented Martin Luther King, Jr. Day.
Commendations:
Presented To Sgt. Dennis Downey and Officers Jon Spear.
Bruce Roberson, Marva Preston and Nelson Andreu, t
as Most Outstanding Offivers of the Month for
December, 1982.
Certificates of To Messrs. Juan Loumiet, Eugene Shy, Jr., and
Appreciation: Jonathan H. Warner for donating their professional
Presented services to the Martin Luther King Economic Develop-
ment Corporation.
Certificates of
Appreciation: To Messrs. Michael Maxwell and Stephen Wolf, and
Presented the firm of Ferendino, Grafton, Spillis, Candela
for their efforts in the design of Woodson Park.
Commendation: To Mr. Eric Wente, for the concern he has shown for
Presented the progress of our community.
Scroll of To Mr. Osvaldo Diaz, businessman from the Island of
Friendship: Margarita, in Venezuela, who is visiting Miami on
Presented a business trip.
Proclamation: Declaring January 31 to February 5, Juvenile Diabetes
Presented Week. Presented to Mr. Martin Kleinman, President
Mrs. Christina Poo, Board Member, and her daughter
(a diabetic herself) Christina.
47. CONTINUED DISCUSSION OF FUNDING OF "COCONUT GROVE CARES, INC." -
BOXING PROGRAM TO BE MONITORED.
Mayor Ferre: Alright, we are back to Elizabeth. Mr. Manager,... Elizabeth,
let me tell you where we left it, ok and then we start from there. The Commission
voted for the granting to you of four thousand eight hundred and whatever it
�= was for two months...
Mr. Plummer: No, twice that Mr. Mayor.
Mayor Ferre: For four months.
Mr. Plummer: To months, but twice that amount.
Mayor Ferre: Ok, the monthly amount times two. Now, before we left the
discussion ensued where the Manager read from the audit report and said that
it was costing twenty-two hundred dollars per young man for you to have your
program go forward versus seven hundred dollars per person in the other two
boxing programs that we have. Your people and you said that, that was not
factually so, that you had more than twenty-five participants and that it
wasn't twenty-two hundred dollars per person and that you needed ninety
thousand dollars to have a succeosful program. Mike Simonoff said that
he was certain that, that was not the figure. I said will you go back and
investigate it and if you can prove to us that it isn't, then it's a new
ball game. Otherwise, I think that concurrence of the administration is
going to remain the same and this Commission, I think is going to back the
gl s`7 JAN 131983
VA
L
administion's position, that we cannot spend twenty-two hundred dollars per
person to have them box twice a month.
Ms. Elizabeth Virrick: Naturally. Mr. Mayor, we went back to the office,
our boxing director went to his office, we have brought you these records
and this is documented evidence that we have had seven hundred seventy-eight
different boxers who's records we have. We have started a card index file
that has three hundred two more that have been entered into the card index
file. So, together that makes almost eleven hundred boxers that we have
served, to say nothing of the boxers that come to our matches twice a month
from other centers.
Mayor Ferre: Now, these are different people this is not the same people.
Ms. Virrick: These are all different, everyone of them different.
Mayor Ferre: Alright, Mr. Odio, that's totally different from the figures
of the administration.
Ms. Virrick: Now, there is one thing I have to say to you. There may be
two or three duplications. We have tried to...
Mayor Ferre: Well, that's alright, as long as you don't have two hundred
fifty duplications.
Ms. Virrick: No, but we have evidence of about eleven hundred different
young men who have had training in the past year at the gym, to say nothing
of the visiting boxers who come from other centers, who come for the matches
on two Wednesday nights a month for whom we pay gasoline for their transportation.
Now, that is the truth. Now, what you have been given is inaccurate, very
inaccurate pulled out of the air information, because it doesn't bear any
relation to the truth.
Mayor Ferre: Let's give him a chance to answer. Mr. Odio.
Mr. Odio: This information that we have has been from the audit. We have had
visual observations on a daily basis on the gym and there has never been more
than twelve, fourteen to twenty people in that gym at one time during the
day. I have never... I have been there myself. I had never seen seven hundred
boxers in that place, not in the whole City there is not that many boxers and
I hate to say that. The other thing, Mr. Mayor, their total budget is a hundred
forty-one thousand dollars, not fifty-five thousand. It's a hundred forty-one
thousand dollars.
Mayor Ferre: Well, fifty-five thousand is what we pay for.
Mr. Odio: In addition to, Mr. Mayor, you gave them an additional ten thousand
dollars last year as one time grant which made it a total of a hundred fifty-five
thousand dollars and that to serve forty kids, it would add up to about seven
thousand dollars per kid.
Mr. Mike Simonoff: Mr. Mayor, may I address the Commission?
Mayor Ferre: Sure.
Mr. Simonoff: I'm Mike Simonoff. I have been involved with Coconut Grove
Cares for quite sometime and over the last five months I have been a member
of the board. I found that this is a fantastic organization, it does a lot
of good and I don't believe that there would be anybody who would falsify
z records. Now, before we broke you asked me to personally look at and guarantee_
P that there were names that spelled up the amount that we are asking for. Those
names are there. They are there and they are irrefutably there and if the
City says that they aren't there, then I would like that person to come up
and challenge me and challenge Coconut Grove Cares right here and now and
let's get it out.
Those are the names,
seven hundred
seventy-eight absolutely
unduplicated. A
box that has three hundred two which
has not been collated
and will possibly
have as many as five
duplications.
We did a sample.
Mayor Ferre: But
Mike, the main point
is... now that
you...
Mr. Simonoff: As
fifty-five dollars a
person, not twenty-two hundred.
gl
JAN 131983
E
a
11
Mayor Ferre: I got you. And that's terrific and that's fine. Now, I want to...
The question is not that you have in a name file seven hundred names, but that
those are people that are being serviced.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Yes, but I mean these are kids that are actually participating
in the program.
Mr. Odio: Can I ask a question?
Mayor Ferre: Hey, Mike, I'm not questioning your word. If you saw it and you
tell me tizat you are satisfied that there are seven hundred kids...
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mayor Ferre: It's the other way around.
Mr. Odio: Yes, we can prove it. We can prove that, that's wrong.
Mayor Ferre: Alright, well, then I will tell you, I don't think you can do
that by the end of the day, can you?
Mr. Odio: No, sir.
Mayor Ferre: Alright. Look, in the meantime, in the meantime, Elizabeth,
we have gotten you two months more. So, you got another nine thousand dollars.
You got nine thousand dollars additionally today. That ought to tide you over
for a while. Now, we obviously can't answer this question right now. So, we
will deal with it... I will tell what I would like to do, I would like to make
get a motion here to instruct the Manager to... if he feels that they need
additional monies between now and February loth which almost a month away,
that you be authorized to give them an additional months check if you feel it
is appropriate at your discretion. Now, in the meantime, would you, Mr. Manager,
so that we don't get into these personality clashes about whether or not Al
Howard is against this program or Cesar Odio is against this program or so and
so... I'm not saying that you did Elizabeth, but I have been dealing with this
problem for fifteen years and sure enough every time we end up getting to the
end of the line somebody says well, it's because so and so doesn't like me or
doesn't like the program or doesn't like this or doesn't like other or doesn't
get along with Jimmy Mack or Jimmy Mack or Doctor Mickey Demis is trying to
gut the program or you know,... There are ten thousand accusations of personalities
involved. Mr. Manager, would you get a brand new objective face to also make
sure that Cesar isn't trying to gut the program or that Al isn't out trying to
get the golden gloves in there or whatever, you know, so that we don't have
any of these accusations that somebody has no aspersions unto their integrity.
The only thing that we are doing is... I don't want anybody coming back and
having any ifs or buts. Now, if they are serving seven hundred kids during
the period of a year and it comes out to fifty-five dollars per kid, I think
it's well worth it. If it comes out to twenty-five kids or forty kids and we
are spending two thousand dollars per kid for them to go box each other up
every once and a while, I for one, Elizabeth, as much as I love you have got
to tell you that I can't vote for that.
Mr. Simonoff: We wouldn't ask for it, Mayor. It wouldn't be asked for. These
are substantiated figures and we have them.
-' Mayor Ferre: Ok, Mr. Manager, let's walk the extra mile, please have Cesar
and whoever you choose to verify this so that we...
0 Mr. Dawkins: Mr. Mayor, may I ask a question and perhaps offer a suggestion
and since the Manager don't come up with I got a solution. We have a Boxing
Board, we have not spelled out any duties or responsibilities. I would like...
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Dawkins: Well, you all hear me out. Is there any reason why these individuals
4 on the Boxing Board could not be asked to monitor this program and report back
whether they saw ten people, five people or three people?
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Dawkins: No, no, no, bodies are bodies.
gl 69 'JAN 131983
U
Ms. Virrick: Your Boxing Commission is for professional boxing.
Mr. Dawkins: No, Ma'am, but they can count one, two, three, four, five. And
if I asked them to monitor your program... ok, if I asked them to monitor...
ok, alright, I will do better than: that. I'm going to recommend a body of
individuals, create a Miller Dawkins Task Force for one month or two months
to monitor your program. I will not... we will not know when they will drop
in or when they won't and then they will certify how many people they see
there at that time and the individual whom you have there will sign off on it
and that's what we will have when we come back.
f
Ms. Virrick: Now, you are talking about people that come to see the boxing.
Mr. Dawkins: No, Ma'am... Ok, who do we pay for?
Ms. Virrick: We are paying for the training...
Mr. Dawkins: No, no, no City of Miami, who do we give you money for?
Ms. Virrick: For training the young men and keeping them off the street.
Mr. Dawkins: Those are the individuals I want monitored. That's all I'm saying.
Ms. Virrick: That's between 12 noon and S at night everyday of the week, 11 to
2 on Saturday.
Mr. Dawkins: Well, the ones now from 12 to noon, what are they drop outs?
Mr. Simonoff: We have got a lot of young men that are out of school and are
holding down jobs and they come in at this time and they work out between 12
and 4. We have a lot of policemen that come in...
Mr. Dawkins: At what age limit are we talking about?
Mr. Simonoff: From ten to thirty, thirty-five. We got a lot of policemen that
train in the gym.
Mr. rawkins: Ok, I'm going to give you my gut level feeling, if I find anybody
ten years old in there at 11 o'clock I'm going to raise hell. Because a ten
year old should be somewhere in school learning some kind of basic skills or
something. Now, let's be sure that we are on the same wave length.
Mr. Simonoff: Right. After 4 o'clock, when school is out those kids come in, but
you asked me what the age group was.
Mr. Dawkins: All I want to know is when I come in there, if I find five
youngsters ten years old I don't count them 10 or 11 o'clock in the morning.
Ok, alright, now I will take it upon myself and I will personally report back
to the Commission on what we found.
Mayor Ferre: That's acceptable to the Chairman.
Mr. Gary: May I add?
Mayor Ferre: Yes, sir.
Mr. Gary: That since we are giving our money that they honor there commitment
dollar for dollar.
Mr. Plummer: What is their commitment?
Mr. Gary: Every dollar we put in they put in either a dollar or in -kind.
Mayor Ferre: Ok.
Ms. Virrick: He is talking about matching the funds?
Mayor Ferre: Yes, that's what he is talking about.
Ms. Virrick: Yes, but you see it isn't dollar for dollars some of it is in -kind
services.
70
Ja N 131983
6
Mayor Ferre: Yes, well, he said or in -kind services.
Ms. Virrick: Yes.
Mayor Ferre: Alright, anything else?
(BACKGROUND COMMENT INAUDIBLE)
Mayor Ferre: Well, what you need to do is coordinate it with... wait for Dawkins
or his representative to show up whenever he shows up to monitor what you are
doing.
(BACKGROUND COMMENT INAUDIBLE)
Mayor Ferre: Nothing.
(BACKGROUND COMMENT INAUDIBLE) ,
Mayor Ferre: Cesar, not withstanding that we have a monitor that Miller
is going to either appoint or do himself, would you also meet you and Al or
whoever you choose and go over all those names and cards just to make sure
that...
Mr. Odio: Mr. Mayor, for the record, Ms. Virrick will tell you that I have
been working very hard with her to try to solve this problem,...
Mayor Ferre: I know that and she...
Mr. Odio: ...but we are dealing with taxpayers money and I'm not going to
recommend something I don't feel strongly about.
Mayor Ferre: Nobody is trying to force you into that.
xr. Odio: No, I want that on the record. I believe in her program and if they
can really deliver the program for seven hundred kids, fine, that's what we
want.
Mayor Ferre: Ok, well, just take another look and make sure that it isn't...
you say it's twenty-five, you know, if the difference was a few people, but from twenty-five to seven hundred fifty there is a big difference. I mean it's
either one thing or another. —
Mr. Odio: If it's twenty-five multiply that fifty-two weeks you know,
every week you got twenty-five...
Mayor Ferre: Well, that's what you have to verify, you know, she says seven
hundred and some odd kids, you say twenty-five, just make sure that you are
as strongly... that you feel as strongly about your figures as Mike Simonoff
does about his. He came here and made a pretty strong statement. He says there are over seven hundred kids that are out there and I challenge anybody to -
prove it wrong. Well, ok, if you'll...
Mr. Gary: Well, challenge him and we will get with him Mr. Mayor.
Mayor Ferre: Alright, are we ready to move along now and thank you, for your
patience.
NOTE FOR THE RECORD: A this point, Agenda Items "H"
and "9" were WITHDRAWN FROM THE
AGENDA.
48. APPROVE IN PRINCIPLE PROPOSAL FOR IMPROVEMENT OF PEDESTRIAN TRAFFIC
ON TRAFFIC STREET- STUDY FLAGLER AREA FOR CONSIDERATION OF SPECIAL
OVERLAY ZONING DISTRICT; BUILDING OF ARCADES ALONG CERTAIN SECTIONS.
Mayor Ferre: Alright, Mr. Kenzie and Mr.
Gort, the Chair recognizes you.
Aren't you
here on the Flagler Street? That's what's up now. I would like
to announce to the Commission that I must
leave here for an hour at 4:15
and I will
��.
be back in one hour. I'm sure
there will be a quorum so you will
be able to
continue the discussions.
71
JA N 13 1983
gl
Ilk 0
Mr. Wilfredo Gort: Mr. Mayor, Commissioners, my name is Wilfredo Gort. I
reside at 2660 N. W. 14th Avenue. The reason we are here this afternoon.
I am Executive Director of Downtown Miami Business Association and Roy
Kenzie here with the Downtown Development Authority. We are all aware that
the Downtown area has the problems after 6 o'clock. We are not going to go
into the reasons why, but it becomes a ghost town after 6 o'clock on the weekends,
for that reason we have dropped in the sales and a lot of things have taken
place that have hurt the showcase of Downtown Miami, which is Flagler Street.
We had studies done in the area and .........the studies have made some
recommendations. We had a joint Committee of DDA and DMBA that took over the
studies and they have a lot of recommendations in marketing, transportation,
amenity, management and urban design. They also have come out with short term
solutions -for the problem that we have and long term solutions. One of the
things that the joint committee has done is,.:we would like to establish a
pilot program or a demonstration program as soon as it's possible so we can
get the whole study done and I think this is one of the fastest ways that we
can get this study accomplished. So, I will let Roy Kenzie explain to you
the idea that we have and then I will conclude.
Mr. Plummer: Do you have any photos or any drawings?
Mr. Roy Kenzie: Commissioner, I have drawings of the one renovated store
front on the one block that we are talking about.
Mayor Ferre: Where are the drawings? Bring them up... I have seen them,
so show them to the rest of the Commission. Alright, Mr. Vice -Mayor, this
matter came up before the DDA. I recommended to Roy, that he bring it up
as a matter courtesy to the Commission, because I knew that we would all
be interested in it and that's what this is. I don't think it needs any...
Do you need...
Mr. Kenzie: We would like if we could to get a motion of intent to that...
Mayor Ferre: To do what?
Mr. Kenzie: To do three different things. One would be, we would like in
order to move forward on the idea of establishing some arcades along Flagler
Street at specific points, to have a motion of intent of the Commission first
of all, that we move forward to develop some... an overlay, special overlay
district for Flagler Street so we can incorporate a lot of the recommendations
into zoning and if that will take some time to work on...
Mayor Ferre: And what's the third one?
Mr. Kenzie: The second one is that we have indication from the Commission
that they are in favor of moving forward on the idea of having arcades along
certain sections of Flagler Street.
Mayor Ferre: I will tell you... Mr. Reid, are you ready to react to that?
Mr. Reid: Yes, Mr. Mayor.
Mayor Ferre: Go ahead.
Mr. Reid: I think the concept is a good one. I think in terms of how...
what standards we have, the... how it applies to the rest of Downtown.
Mayor Ferre: He is not talking about that. He is talking about a motion
of intent. That means that it's the general intent to do it, what the specifics
are you have to work out.
Mr. Reid: Right, there are technical problems to be worked out, but I think
it's worth trying to do it.
Mayor Ferre: Do you agree with the intent is the question?
Mr. Reid: Yes, I do, Mr. Mayor.
Mayor Ferre: Now, I will tell you, speaking for myself, if we would have
had any common sense in this town fifty years ago, we would have insisted
that every time somebody build a building that they would have to build an
arcade and a covered walk and all that and Downtown Miami would be a heck of
gl
72 JAN 131983
a lot more comfortable to work around in than it is now. So, it may be late,
but it's a great idea. And I might say that the private sector is going to
pay for it as I understand it.
Mr. Kenzie: Yes, one of the things that we have tried to do to one of the
problems in Flagler Street is that it's very difficult to get restaurants and
entertainment and cafes on the ground floor because the retail rents are so
high. By doing arcades at certain points along the street, you can put these
restaurants and cafes and entertainment at the second level and make them
available to people over the side walk and tie them back into the buildings
and the developer would pay for that... the construction...
Mayor Ferro: But the point is that the area.that you are doing it, you show us
the pictures of. That's what Nathan Rock is doing and his...
Mr. Kenzie: Right. We are working on one block. He is under construction right
now and we would like to tie it in with what he is doing so that we can get it
going on that one demonstration block, so we can have an idea of what we can
achieve on the rest of the street.
Mayor Ferre: Ok, this is a motion of intent only right?
Mr. Plummer: So, move.
Mayor Ferre: Mr. Manager, you got any problems with this? Plummer moves, who
seconds?
Mr. Perez: I second.
Mayor Ferre: Perez seconds, further discussion, call the roll.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 82-32
A MOTION OF INTENT TO APPROVE IN PRINCIPLE A PROPOSAL FOR
_ IMPROVEMENT OF PEDESTRIAN TRAFFIC ON FLAGLER STREET; FURTHER
INSTRUCTING THE CITY MANAGER TO PROCEED TO STUDY THE FLAGLER
STREET AREA FOR CONSIDERATION OF A SPECIAL OVERLAY ZONING
DISTRICT; FURTHER STIPULATING THAT THE CITY COMMISSION WOULD
BE IN FAVOR OF BUILDING ARCADES ALONG CERTAIN SECTIONS OF FLAGLER
STREET.
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
a
- NOES: None.
ABSENT: None.
gl
73
JA N 13 IM
t—
Id
49. DISCUSSION ITEM - GRAN CENTRAL PROJECT.
Mayor Ferre: All right, we are now at the Gran Central Project. Mr. Baretto?
Mr. Roger-Baretto: Thank you very much, Mr. Mayor. Mr. Mayor and members of
the Commission, my name is Roger Baretto. I am with the Florida East Coast
Railway and have two consultants here from the firm of Postp Buckley,0 Schuh
and Jernigan: Jerry Murphy and James Caster. The purpose for our request to
appear before you is to apprise you of the plans that the railway has for the
development of some of this downtown property, which we are now classifying
as the Gran Central area, which was the old passenger station between west of
N. W. 1st Avenue, north of N. W. 1st Street up to 7th Street and in order to
expedite the matters, that is the old...
Mayor Ferre: Plummer used to play there when he was a child, and I used to...
Mr. Baretto: He used to get on the train there once in a while.
Mayor Ferre: Well, I used to come to Miami that way when I was a child when I
used to say "Mi-a-muh" in those days.
Mr. Baretto: Let me tell you, talking about that, I started there in 1940 with
the railroad, so I have been around a while. But, let me tell you, let me turn
you over to Jerry Murphy.
Mr. Plummer: But Maurice came with Henry M.
Mr. Baretto: Henry Flagler - Henry Morrison Flagler. In the caboose!
Mr. Plummer: In the caboose, all right!
Mr. Baretto: Let me introduce Mr. Jerry Murphy who is going to tell you all
about our project.
Mr. Jerry Murphy: Mr. Mayor, Commissioners, this is the first of probably
several appearances. We have been trying to prepare for this - prepared a re-
port on what the property might be capable of doing, and I understand that re-
port has been made available to you...
Mayor Ferre: Yes sir, we have that in our packet.
Mr. Murphy: All right, we start from the back if you have the developer's con-
cept. Our next approach has been to go to a long series of getting ready for
the final decisions, which you will make, and that process we have met with the
government center coordinating committee and with your own large scale develop-
ment committee. In the packet that you have...
Mayor Ferre: You also met with the Administration's committee. You met with
the DDA. You met with me.
Mr. Murphy: We met with members of your Administration.
Mr. Gary: Mr. Mayor, before you begin, if I may - you may want to listen to
them in general terms without making any decisions, without compromising any
future decisions you may have to make when they come for zoning variances.
Mayor Ferre: I read you.
Mr. Gary: I know you do; I was trying to convey it to the other members.
Mr. Murphy: We have only one request for today, your Honor. In.the vacket of ma-
terial that we have presented to the various groups is a statement of goals and
objectives that had been drafted for development in and around the government
74
J A N 13 1983
0
L7
center station and we are asking that you endorse that.
Mayor Ferre: Is that what you want us to deal with. Mr. Manager, do you
recommend these goals and objectives?
Mr. Gary: No, sir. Not at this time, sir. They can do it informally. I
don't think you should take any action.
Mr. Murphy: Well, we are in a quandary then, sir, because we were advised by
Mr. Reid that this was a useful next step before we could deal further with
the City Administration.
Mayor Ferre: All right, let me address this so that we understand each other,
okay? And Howard, you stop me now when I start getting into trouble.
Mr. Plummer: Stop!
Mayor Ferre: I said Howard!
Mr. Gary: He turned color.
Mayor Ferre: Now, we understand that the F.E.C. is a major property owner in
the vicinity of the Government Center. We understand and are grateful that the
F.E.C. is willing to just other than sit passively on the property
begin to think out a development package and move in that direction. We are
hopeful that the F.E.C. will pursue this to its natural conclusion which is to
the development of the property by yourselves, associates, or if you sell it.
Those are all positive, Roger. It is a great day for Miami to see that happen-
ing and I commend you, Mr. Thorton and the other members of the F.E.C. Now, in
general, I see what you want to achieve and I concur with it, in general. Now,
between now and success, we have got to get into a lot of different questions.
You want roads moved. You want roads changed. Who is going to pay for it?
You want zoning matters addressed. What are you going to give the community
in general, for that? Are you willing to deal with us, for example, so that a
parking garage can be built? Where? What? Are you talking about giving us
fee simple title to the property, or just a long term lease? Are we going to do
this through the City of Miami or through the Off Street Parking Authority? How
big a parking garage? Is this an appropriate place to put the two hundred thou-
sand square foot exhibition hall that we are trying to build, if we are not
able to do it in the river property presently owned by Worsham, and the F.E.C.,
I might say. If we can't make a deal with Gould for Dupont Plaza and we can't
find another appropriate location - Roy Kenzie, that you are looking at alter-
nate sites - is that right? You and Jim Reid are making that study. I assume
that you are doing it in conjunction with the City Administration - alternate
sites for the exhibiton hall. I think what the Manager is saying is, before
we get to the point of writing off on a set of principles, that we need to take
a little bit of step forward as to you know - "What is at the end of the rain-
bow? Okay, and I think when you are ready to do that, and after you have gone
through Mr. Reid and what have you and talked to Roger Carlton and you have
gotten down to a little bit more of the nitty-gritty of it, then I think we
can start dealing on making a statement of principle.
Mr. Murphy: I agree with you Mayor, and I have no problem with what you have
said. The problem that we have is in the mechanics of getting to that point.
We want to get to that point. The F.E.C. has instructed us to reach that point.
-
Mayor Ferre: Mr. Murphy, let me tell you - Mr. Manager, since you are the one
-
that kind of held up the train, if you will pardon the pun, what do we do now?
Mr. Gary: Well, he can talk in general terms about what they are planning to
do. I would not recommend to the City Commission that you take any vote on what
== r
they are recommending to do.
Mayor Ferre: Until we are further along.
Mr. Gary: Until they are further along - yes, sir.
Mayor Ferre: The question is, when does the Administration feel that they can
come back with a recommendation for the City Commission?
Mr. Gary: Well, it all depends upon how fast they move.
75
W
ld JA N 13 1983
6
Mayor Ferre: Well, they want to move fast and assuming that they are available
to answer all your questions - Mr. Reid, or Mr. Manager, through you to Mr.
Reid.
Mr. Gary: Go ahead, Jim.
Mr. Jim Reid: The first decision point before the City Commission would be the
Development of Regional Impact statement. Our intent was today simply to say
that this is a major project that is heading our way, so to speak, and what if
any, are the concerns of the City Commission wants to express at this time,
such as those that you have articulated, Mr. Mayor, so that we have those on -
the agenda..
Mayor Ferre: Yes, I don't know if anybody else wants to add to it, but I've
expressed mine. I think your plan is good. I am supportive of it in principle.
I think that it requires more specifics on the economic costs of phasing and
what the City of Miami gets for it and I already outlined the specific areas -
who is going to pay for the roads. Who is going to put up the parking garage?
Is there any land available for City purposes, such as an exhibition hall?
Mr. Murphy: We had already begun to discuss these things, as you know and our
next step involves further conversation with the City Administration and it
was Mr. Reid's feeling that before we got too deeply involved with the City
Administration, we should stand here publicly and tell you that we are going
and receive your blessings to do so and if I read the sense of the meeting, we
have your blessing to continue working with your City Administration in pre-
paration for coming back to the Commission.
Mayor Ferre: Now we need an answer to my question and that is, when, Mr.
Manager, will you be ready to come back with a specific recommendation for the
City to adopt a set of principles?
Mr. Gary: Probably after they file a D.R.I., but let me sit down with Mr. Reid
and my staff and then come back with a more definitive answer.
Mayor Ferre: Okay, is that acceptable to you? D.R.I., that is probably six
months away, isn't it?
Mr. Murphy: That would be several months away, but we would welcome the fact
that we need the ability to sit with the City and resolve the approach for some
of these problems as input to the D.R.I.
Mr. Gary: Well, we agree with that. That is no problem.
Mr. Murphy: All right.
Mayor Ferre: Okay.
Mr. Gary: You know, he hasn't had any problem up to now to sit down and talk-
ing with us. We will continue to do so.
Mayor Ferre: Roy, do you have anything else you want to add to this?...Or Eli,
of the Downtown Merchants Association? All right, anything else? Then do we
need any action at this time?
Mr. Gary: No, sir.
Mayor Ferre: All right, thank you very much for your patience.
76
JA N 13 1983
16
50. DISCUSSION BY MIAMI DESIGN PLAZA MERCHANTS ASSOCIATION CONCERNING
"MARKET WEEK'•'.
Mayor Ferre: We are now on the personal appearance. The first one is Miami
Design Plaza Merchants Association concerning "Market Week". Go ahead. Let's
go. Name,And address for the record.
Ms. Nancy Felber: I'm Nancy Felber from the Miami Design Plaza Merchants _
Association. Thank you. Before you is a report for "Market Week" of 1982.
Miami "Market Week" accomplished many things not only through the publicity
generated for and about the event, but also through the direct business that
was realized, anticipated future business achieved by the exposure created by
the event. At this point it would be inaccurate to place a dollar figure on
the volume of sales during this period. This being due to the general nature
of the design business whereas many design and architectural firms in related
industries prepare presentations that submit bids for product usage for present
and future projects not realized at the time of "Market Week". We were able to
expand beyond the Florida market and reach new potential markets, not only in
North America, but South and Central America as well as the Caribbean. This
future established our national and international stature as the third largest
design market in the United States. The fastest growing and one of size, diversity,
creativity and location to serve as a design trade center between North and
South America with easy transport connections to Europe as well. "Market Week"
announced and demonstrated to an international audience that Miami Design District's
ability to feel the number of special events during a several day market and
to feel those events with panache, style and polish. Before you I have a
presentation of many of the advertisements appearing in both trade and consumer
publications in conjunction with over one hundred press releases to some two
hundred publications and electronic media on every aspect of the preparation
during the six months preceeding "Market Week" with a major effort during the
last six weeks. These special issues or sections also appeared in Interior
Design, The Designer, Florida Designer Quarterly and Design Review as well as
many other publications and Mr. Smith will pass them before you if you would
like to see some of the publications that we have in front of you. Thirty-two
thousand direct mailings were sent through North, Central and South America
inviting the respective design communities and detailing the "Market Week"
events. These mailings also provided details for travel and Miami hotel
accommodations. A directory for the Miami Design District was especially prepared
for distribution during "Market Week" at no cost to the visitors and I think
you have that before you also. A post market survey was compiled by the Miami
Design Merchants Association and a copy also is attached to your report. The
Miami Merchants Design District is now in the process of preparing for an even
greater Miami market for 1983.
Mayor Ferre: What do you want from us Nancy?
Ms. Felber: Pardon me.
Mayor Ferre: What do you want from us?
Ms. Felber: Nothing, we just wanted to thank you, sir.
Mayor Ferre: Ok. Where is Jean Whipple, by the way?
Ms. Felber: I don't know.
Mayor Ferre: She is still involved in this, isn't she?
Ms. Felber: Not really.
Mayor Ferre: She is out of the picture?
Ms. Felber: Yes, yes.
Mayor Ferre: Ok, so who are we dealing with, you?
Ms. Felber: No, I am just the Vice -President of Merchants Association.
77
JAN 131983
M
Mayor Ferre: Well, who are we dealing with?
Ms. Felber: With the Merchants Association.
Mayor Ferre: Who is the name of the person we deal with? When Charlotte has
a problem who...
Ms. Felber: With the President of the Association Jerry Cody. Unfortunately,
he is out of town today and I...
Mayor Ferre: Jerry Cody is... Ok, I got you. Alright, now Charlotte, I went
to the dance and I watched and saw... let me tell you, I think it's one of the
best thing's that I have seen in Miami. However, I thought participation was
minimum. T mean, it was a nice meeting of all of the people in the design
world which is a valuable thing just in itself, but... and I think we got some
good recognition in the press, but I really think that we need to get more
people up here from Venezuela, from New York, from Philadelphia and Chicago.
It was good, but not good enough and I...
Ms. Felber: I totally agree. If you noticed we sent out a questionaire which
is in back of this report.
Mayor Ferre: Yes, I read the questionaire.
Ms. Felber: And we are now in the process... our general meeting will be next
Monday and we are in the process now of starting to...
Mayor Ferre: Let me further say to you that this Commission has already instructed
the administration and through the administration Charlotte Gallogly to come
back with some specific recommendations. I don't know whether the... Is there
still a council... the President's Council or the Marriage Council or whatever
it's called? Is that still functioning?
Ms. Felber: Yes. Oh, very much so.
Mayor Ferre: Alright, now we have some specific things that you came up with
such as the look to see if we can put up an exhibition center for you to have
these gatherings and exhibitions and the other. When will you be coming back
with a report?
Ms. Felber: In March.
Mayor Ferre: In March, alright.
Ms. Felber: We are working now with an economic development action group of
the Miami Design Merchants Association and we will be before you in March with
a plan of action.
Mayor Ferre: Well, let me say to you and through you to your organization. I
personally am very encouraged and I think you have got... you are one of the
economic strengths of this community. We should have helped you much more
much long ago in my opinion and I hope that all of the sudden Merritt Stierheim
and Steve Clark don't have a tantrum on this one. But I want to tell you I
think that the City of Miami--- let me start out with the City--- and Metropolitan
Dade County has been totally negligent, ok. Has been totally negligent in the
past in making sure that this which is a major feeder of people in this town
by the thousands, ok, have been helped, encouraged, in any other American city
they would be great governmental support and there would be great economic
activity in helping you. Fort Lauderdale is moving forward on trying to compete
with us and if we are not careful their are going to take all this stuff away
from us and we have got to get on the ball, and think you have got to go to
-�
Metro and to... they have got an industrial committee, whatever it's called
='
and say look, this industry in Miami/Dade County employes thousands of people
and we in government have a responsibility to support them. And I think we
need to do a heck of a lot more. We spend millions of dollars chasing after
the movie industry and this industry and that industry and we have got a big
it's time for
V
industry here that we are not taking care of sufficiently and
us to do it.
Mr. Plummer: How much did we give you last year?
Ms. Felber: Thirty-five thousand dollars.
Mr. Plummer: And what was the total overall program? JA N 1 3 1983
gl 78
W_
El
Ms. Felber: Oh, somewhere estimated over a hundred sixty thousand dollars.
Mr. Plummer: So, we gave you then, roughly a six.
Ms. Felber: Not enough.
Mr. Plummer: well, I want to tell you , the Mayor, was too, nice to tell you,
but I intend this year unless something is guaranteed to me to give you just the
amount of money that you gave us credit. That's none.
Ms. Felber: I think if you will look through those pages there is... there are.
quotations...
Mr. Plummer: I looked through the pages, if. says "Market Week" is presented
throughout... through the efforts and the financial supports of these merchants.
Now, where is the City of Miami?
Ms. Felber: I think if you will look through the pages.
Mayor Ferre: I made that same observation at that dinner.
Mr. Plummer: I stand corrected.
Ms. Felber: Ok.
Mayor Ferre: Yes, but Plummer, I will tell you, don't stand too corrected,
because in proportion to what we do I don't think that's nearly... did you get
any support from Metropolitan Dade County?
Ms. Felber: No.
Ms. Gallogly: No, there was no financial support.
Mayor Ferre: Well, I think you ought to go after jefrnvolitan Dade County, number
one and number two, I think with what we did, we deserve a little bit more than
that, ok.
Ms. Felber: May I answer to that, Mayor? One of the reasons that Ms. Whipple
is no longer with us and we are looking for other public relations firms is
because we had a slight conflict in that matter and we are trying to change that
this year, so that you do get your just thanks.
Mayor Ferre: Ok, anything else? If not, thank you.
51. INCLUDE IN LEGISLATIVE PACKAGE FOR THE 1983 SESSION PROPOSAL TO
DOUBLE THE AMOUNT OF DOCUMENTARY STAMP TAX IN CONNECTION WITH
PROPOSED HOUSING FINANCE PLAN.
Mayor Ferre: The next item before us is Mr. Martin Fine. Ok, go ahead, Mr.
Fine.
Mr. Martin Fine: Very briefly, my name is Martin Fine, 2401 Douglas Road. I'm
here for about the fourth time in five years to simply ask you if you would
consider including in your legislative package to the 1983 Session of the
Legislature this proposal which we have been trying to get through which is a
doubling of the Documentary Stamp Tax with the second half of it to be retained
in the County in which it is collected. I am particularly pleased to tell you
that Senator Carrie Meek has already introduced this and it now has been given
a number as Senate Bill Fifty-six. Representative Mike Friedman has introduced
it in the House and Barry Kuten and Jack Gordon who introduced it last year
are supporting it as well as in my opinion the entire Dade Delegation, although
I don't speak officially for them. I certainly don't want to come here today
and talk to you about how important housing is, because you all know that better
than I do. I think the recent incident in Overtown simply magnifies it and by
the way, Mr. Mayor, you have reason to be very proud along with the County,
the Commission does, administration, the CD Department in terms of their sixty
houses that are built in Overtown that never would have been built, but for the
gl 79 JAN 13 1983
second mortgage financing which the City and the County made available. They
are there, they are owner occupied, they are full taxpayers and there are fine
citizens living in there I'm sure. All I want to do is conclude by saying that
1 don't think we can continue to have a city of splendor and squslot at the
same time and I suggest to you that this bill will produce about twenty-five
million dollars a year and I think you ought to put it in your Legislative
package. And I would conclude by asking you to do this. If in fact you put
it in your package, I assure you it won't pass unless one or two or three of
you really make it a personal item and deal with it as a very intensive lobbying
effort. It is not a personal bill of mine, it should not be a Dade County bill,
it should be an all Florida bill and if we don't get it through this time I
don't think we will ever get it through.
Mayor Ferre: Mr. Fine, let me react by saying that from the very beginning
that you started on this quest I have been a strong supporter and advocate. I
think it is imaginative. I think it is realistic. I think it is constructive
and progressive. It is not a panacea. It will not solve all the problems, but
it's very... I think this is something... this is one of these few things that
conservatives and liberals can back, Republican and Democrats. It follows the
thinking of President Reagan of making local communities more self-sufficient.
It also follows the great liberal tradition of the Democratic party in addressing
social ills and problems. It's something that will cut across racial barriers
This is Black and White, Spanish and English. It...
Mr. Fine: Urban and rural.
Mayor Ferre: It deals with everything and I want to just say as one person
here it has my total undivided, full support. I will go with you to Tallahassee
whenever you go, whenever you ask me to go and I will be happy to do everything
I can to see that this passes the Legislature.
Mr. Fine: Do you need a motion to put it in your Legislative package? I don't
know how you deal with this.
Mayor Ferre: I think it would be good if the Commission so wishes to do...
Mr. Carollo: Mr. Mayor, I so move and in moving let me say this Marty, that I
think the Mayor has spoken for every and each member of this Commission. In
moving I would like to say Marty that I think the Mayor has spoken for every
and each member of this Commission. I so move.
Mayor Ferre: Is there a second?
Mr. Perez: Yes, I second and I want to make public my full endorsement to this
proposition. I think that we have a lack of housing in this community and we
have to do whatever we can. I would like to ask him how much will be the additional.
cost to the person who tries to buy a house in accordance with your proposition?
Mr. Fine: There won't be any additional cost, they will be getting second
mortgage financing at anywhere from zero interest rate to about three percent.
Mr. Plummer: Well, but the question was you are doubling the Document Stamps.
Mr. Fine: Oh, I'm sorry. Excuse me, sir. This bill does not apply to single
family housing. We took that out of the bill so it would take a lot of heat
out from the home builders and all the other folks and it still raises twenty-five
million dollars.
Mr. Plummer: State wide?
Mr. Fine: No, no, Dade County. Dade County based on last years figures from
the...
Mayor Ferre: Marty, the only thing that I really want to be sure that somehow
we safeguard and you are going to have to forgive me a little bit for being
parochial. And I don't mean to be again, picking a bone with our good friends
at Dade County, but I hope that when this thing passes that we don't end up
with a lot of this money
gl
80
JAN 131983
0
7
Mayor Ferre (CON'T): going out to areas that don't need it as much as
we do where the taxes are going to be collected. You'll find that half
of these taxes will probably be collected in Miami.
Mr. Martin Fine: Mr. Mayor, let me tell you, I agree with you. I �.
think there is a way to safeguard that. I think there is a way to deal
with it realistically. It won't be a problem in my opinion.
Mayor Ferre: I am just saying that when you talk to Barry Kutun and when
you talk to Jack Gordon and the other members...and to Ron Silver and
the leadership of the House and the Senate that you keep in mind that
somewhere (and not as an afterthought, please)....
Mr. Fine, Esq.: Right in the beginning.
Mayor Ferre: Right in the beginning we say, "Hey, these monies are
collected." I'm not saying that we ought to get every penny back, because
I understand that life does not work that way. But I would hope that we
don't end up getting the real short end of the stick.
Yes, air, for a very brief statement.
Mr. Albio Castillo: My name is Albio Castillo. I live in 2386 S.W. 5 Street.
I would like to ask you this question. Are there going to be any Black
participation, Black contractors?
Mr. Fine, Esq.: I can only tell you that in the sixty houses that
were built in Overtown, 30 of them were built by Walter Sweeting, who is
a Black man and a Black contractor. In my opinion the answer is yes.
Mr. Castillo: Thank you, you are one of the few I wish to continue to do
what you are doing, contract Black contractors.
Mr. Fine: Thank you very much.
Mr. Castillo: Since they are building their community. Thank you.
Mayor Ferre: All right, anything else? There is a motion and a second,
as I recall, a support for this proposal called ... how do we call this?
Doc Stamp Tax, as proposed by Mr. Martin Fine and presented in this
brochure. Would you make a copy of this brochure as part of the record':
so the historians in the future will be able to refer back to it as to
how this all happened? All right, call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 83-33
A MOTION INCLUDING IN THE LEGISLATIVE PACKAGE TO BE
CONSIDERED IN THE 1983 SESSION OF THE FLORIDA LEGISLATURE
A PROPOSAL TO DOUBLE THE AMOUNT OF DOCUMENTARY STAMP TAX,
THE SECOND HALF BEING RETAINED IN THE COUNTY IN WHICH
IT IS COLLECTED, FOR PURPOSES OF IMPLEMENTING A
PROPOSED HOUSING FINANCE PLAN.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
81
JAN 131983
31
0
52. AUTHORIZE MANAGER TO MEET WITH ELPIDIO NUNEZ (NORTHWESTERN
MEAT, INC.) AND NEIGHBORS ON POSSIBLE RESTUDY OF ALLAPATTAH r
COMMERCIAL/INDUSTRIAL AREA.
Mayor Ferre: The next speaker is Elpidio Nunez, item 8.
Mr. Elp'idio Nunez: Mr. Mayor, Commissioners, my name is Elpidio Nunez,
president of Northwestern Meat, 2100 N.W. 23 Street. I sent a letter to
the City Manager asking for this appearance and my request to the City
Commission consists that you direct the Planning Department to conduct a
study of the Allapattah Industrial area to determine if rezoning is
justified. In my opinion in the last three years after we appeared here
=
before there has been a lot of change in this 23rd Street N.W. I think
there is reason that we take another look at this community activity
industrial area. The second thing,Northwestern Meat owns most of the
block in front of the place where we have the building now. [They have
owned that] for more than fifteen years. We are not being able to grow
enough in our business, which employs 65 employees because we had not
—
been able to expand. We are now on the verge of making a final decision
where we can continue growing in the Allapattah community where we have
been doing business for 21 years instead of going to another place. It
is not possible economically to expand our business to another location
in the same area because it is too costly and we have severe security
problems too. We request your cooperation and the Planning Department
to please look for creative ways to rezone or give us the opportunity
to continue in this community with a better business, a growing business,
where we can create more jobs. That is my appeal for you today. Thank
you very much. I would like to have our lawyer say a few words if you
permit that, Mr. Mayor.
Mayor Ferre: All right.
Mr. Martin Genauer: Mr. Mayor, Mr. Commissioners, Martin Genauer, 200 S.E. 1 Street
Miami. I think Mr. Nunez has expressed his request pretty clearly. There
is really only one additional point that I....
Mayor Ferre: Mr. Genauer.
Mr. Genauer: Yes.
Mayor Ferre: Excuse me. Let me, for the record, interrupt. The newspapers
carried something about George Knox being here representing Mr. Nunez. I
think I read that in the paper. I think it is important that we correct
that statement that George Knox is not representing Mr. Nunez.
a
Mr. Genauer: No, he is not.
Mayor Ferre: George Knox... you can speak for yourselves. But he has not
=_ talked to me or called me on this issue. That is a misinformation of the
t newspapers.
VMr. Carollo: What newspaper made that statement?
Mayor Ferre: I forget. I read....
Mr. Genauer: I think that we are all well aware and have experienced
inaccuracies in our fine local newspapers and that is one of them.
Mayor Ferre: Let the record reflect that the fact is that Mr. George
Knox is a partner in your law firm. Is that correct?
Mr. Genauer: Correct.
82
JAN 13 1983
sl
1b
6
Mayor Ferre: Just for the record, has he had anything to do with this
issue at all?
Mr. Genauer: He is not representing Mr. Nunez in this issue. Mr. Burton
Landy and myself are representing....
Mayor Ferre: Was your law firm representing Mr. Nunez before Mr. Knox
joined that law firm.
Mr. GengLuer: Our law firm has been representing Mr. Nunez for I believe
approximately 20 years.
Mayor Ferre: So this has absolutely nothing to do with Mr. Knox, for the
record.
Mr. Genauer: This has not to do with Mr. Knox. I appreciate your making
that point to correct the inaccuracy. The additional point that I wanted
to make to this Commission is that the situation that I see that we have
here is a business that has been a successful and a growing business in
this community that has employed local people. In fact, it employs almost
exclusively minority members of this City of Miami. It employs people who
come from the neighborhood itself that we are discussing. It is at a
position now where it must expand because its business is increasing. That
is a very good thing.
Mr. Gary: Mr. Gary, he is pleading a case for his client who is before the
Code Enforcement Board, who is in serious violation of our zoning laws.
I would recommend to the Commission that this discussion is inappropriate
in view of those actions that are lodged against his client. You could
be compromising yourself.
Mr. Carollo: As I understand it, Mr. Manager, whatever problems they
might presently have I think is for the appropriate departments to handle.
But what they are doing coming before us now has nothing to do with that.
I think what they are asking for is an update planning study of the
Allapattah commercial/industrial area.
Mr. Gary: Mr. Carollo, I have to inform you that they went to the
Code Enforcement Board asking for a deferral on their zoning violation,
which is a serious violation, until they could come back to the City
Commission to discuss their item. So there is a relationship between
what he is asking which is different than what this letter purports
to state. They have a serious violation before the board. You may be
compromising yourselves in terms of making a decision or discussing this
matter.
Mr. Carollo: That is a new light you are bringing to the subject. I
was not aware of that. However, I do feel that the City can handle that
mutter separately from what they are talking about. I think what they
are talking about can be done without jeopardizing whatever our other
boards are doing with them.
Mr. Gary: You need to know also the history of this case, which we
will be happy to provide for you.
A r Mr. Carollo: It started long before I or some of the other Members of
;� the Commission were here, if I recall correctly.
Mr. Genauer: I would like...it will take I think in two sentences, I
can both finish my point and respond to what Mr. Gary said. That is that
I believe that we have a problem that the City Commissioners ought to with
the various departments of the City come up with some sort of solution
for. We have a business that wants to grow and stay where it is and
because of the current zoning requirements, it cannot do so. We have
an Economic Development Department that can come up with possible solutions.
83
JAN 13 1983
sl
% 6
Mayor Ferre: Wait, wait, wait. I think you now put your finger on the
main issue. Mr. Manager, the client of this attorney who is here before
us today is looking for relief in an area where we cannot give him relief,
because he is in violation and he is up before a Board. We cannot get involved
in that process. On the other hand, he is addressing a basic issue. That
is, is there any way the City can help his business in seeking a reestablishing
itself or finding alternate solutions in such a way that one, he does not have
to abandon Allapattah; and two, he can expand so that he can hire more people
beyond the 65 he presently hires most of whom live in the Allapattah area.
t
Mr. Gary: Mr. Mayor, I will respond to that by saying first that his client
should 'come in here with clean hands. Secondly, if he is talking about an
alternate, that we will be happy to find an alternate site for him, but for
him to come in here without having clean hands in my estimation is a subterfuge.
Mayor Ferre: I cannot argue with the fact that the man is up before a
board and that he is being... The facts are the facts. On the other hand,
neither can they argue against the main point which is that he has a problem.
Somehow we have to figure out the way to help him solve and that he has not
solved and we have not solved. The question is why should the responsibility
be on us.
Mr. Gary: The problem is he is the one to comply with the law. That is
the same problem we have been having in zoning throughout this City. People
complain. They complain. Our laws are becoming a mockery.
Mayor Ferre: Yes, sir.
Mr. Plummer: Mr. Gary, I am somewhat familiar with this. I have sat here
since —what year?
Mr. Garcia -Pedrosa: 73.
Mr. Plummer: No, I have sat here since '70. What year did this come up?
Mayor Ferre: You know, it strikes me funny, Plummer, up until a couple
of years ago you knew the year and the month and the day of how many years
you have served. Now you are getting a little bit older and you are
beginning to forget how many years you have served.
Mr. Plummer: I have no problem with my back nor my memory.
Mayor Ferre: Not this month.
Mr. Plummer: I don't remember when this first came before us. Mr. Gary,
and to the Mayor, as I know the problems that this man is having before the
Code Enforcement Board, really break down as to whether or not this man
is going to be able to survive in this City with his business. This matter
came before this Commission. Pat Keller is here to remind everyone loud
and long as she always does that this matter passed by this Commission
was reversed in the courts. I won't argue with the wisdom of the court.
But I think it really says, do we want to keep this business in the City
of Miami. If you look at the general location in which this business
exists, he has really no way to go but what he has requested. So then
it comes down to another simple answer. If he cannot expand, then he
has to move. It is just that simple. If he did not have the problems
of wanting to expand, he would not be in violation in any way, shape, or
form. If his business was not getting bigger and bigger, he would not have
these problems. But his business is getting bigger.
Now, Mr. Gary, through Economic Development I say to you is there
any way that we can assist this man to keep his business in the City
of Miami? I don't think we want to see this business go out.
Mr. Gary: And I agree with you. I think we can give him....
JAN 13 1983
sl
r
Mr. Plummer: I think if you apply yourself we can find a reasonable
ground to appease the neighbors. I'm not sure about Pat Keller. But
appease the neighbors, appease the businesspeople, and for all of its
we come out better. All I'm saying to you is I personally will express
that I want any and all people that can to stay in this City. Any way
that I can work with them to achieve that end I am willing to do so.
I look to you to give me the answers of what we can do. It is easy to
say, "Tell him to move. Take your business elsewhere. We don't want you."
That is easy to say. For people who don't have dollars involved, it is
even easier to say. But let me tell you, don't use just one person.
Let's use 100 people that are in this same boat and you take the reveue
that this City derives From that business and multiply it by 100 or 200
or 300.' We see bu-41aesses every day moving out of this City. We don't
see a hell o�' a 'at of them who want to try and stay. They take the path
of least res " tince. Eli Whit Cigar, baml out into the County. Other
kinds of busin�asses, baml bawl vanstugglel they are gone. I think where
a company w?:.Ls to make an honest effort to stay here, we should bend over
to try and help those people.
Mayor Ferre: And the record reflects that for example in Wynwood when
Pierce Furniture and Wood Shop and what have you said, "You either do
this or I am moving to Hialeah." We bent over and did it. If you
recall, if I have ever seen a case of spot zoning in my life, that
was it. Right smack in the middle of that block in Wynwood we rezoned
three lots so that he could expand his woodworking shop. So it isn't
as if we had not done this in the past. We have done it on several occasions.
We tried to do it on this one and we did not make it through the courts.
Somebody did not challenge us on Pierce and we made it through poor Pierces.
Otherwise, Pierce would be whittling away in Hialeah rather than in Miami.
By the way, he employs, as I recall, 50 people from the Wynwood community.
Mr. Carollo: I feel that I am seeing a concensus here in the Commission.
I am going to make a motion to instruct the City Manager to either to
himself or to someone that he would assign from his staff to sit down with
Mr. Nunez, or his representatives, or both and try to work out. I am
getting to you, Madam. To sit down with them and try to work out a
reasonable solution that will be fair to the City, fair to them, and
fair to the neighbors. At the same time, after you meet with them,
meet whatever neighbors are concerned, whatever situation might arise
out of that, and if need be shuttle back and forth like Mr. Habib
between the neighbors and Northwestern Meats. I don't think that by
placing people like Ms. Keller, with all respect, and others together
with them is going to accomplish anything bringing them together at
that point in time. Would you have any problems with that?
Mr. Gary: No, sir.
Mr. Carollo: See, Howard, what it comes down to is as simple as this.
Mr. Gary: The solution... the problem I am hesitating, Commissioner, is
even if those neighbors wanted to agree to allow him to continue to have
those zoning violations, he still cannot have them. So I guess what I
am saying is I, and don't get me wrong, if I understand the gist is that
we want to help him keep his business in Miami within the law. If we
work with him to try to find an alternate site that would be suitable
to him within the City and possibly close within that area that would
allow him to expand and to be in compliance with the law.
Mr. Carollo: What? Here is Plummer who is always tries to sell plots.
Now you are getting into real estate? You guys are doing a number in my
head here. I don't think the City should be in the business of finding
a suitable site for these people. If that is what they want to do, that
is their problem. Go ahead and do it, but....
Mr. Gary: We do that all the time.
85
sl JAN 13 1983
% 0
Mr. Carollo: Well, maybe we do but I don't think we should be doing it.
I think that could get us in quite a bit of trouble in the future. I
mean they have confident people in their firm, or outside counselors
that they could hire to find other sites within the City of Miami, if
that's what they so wish. I think we are getting into some really
dangerous waters by straying that way.
What I do think we are perfectly safe is in trying to work out a
reasonable solution.
Mayor Ferre: All right, what is your motion?
Mr. Carollo: My motion is a motion of sitting the Manager down or one of
his representatives with the neighbors, and the firm that is here before
us and trying to work out a reasonalbe solution. Now, if after something
is worked out we need to bring it back before our whole process so that
some of our laws would be waived in the form of variances, so be it.
Mayor Ferre: We are talking, not zoning exclusively, but of Charlotte
Gallogly's shop as a joint operation. Is that the motion?
Mr. Carollo: That's the motion. If he wants to appoint Charlotte....
Mayor Ferre: Or whomever he appoints is his problem.
Mr. Carollo: Whomever.
Mayor Ferre: In other words, what he is saying is we have an industry
who says it is hurting. We need to see if we can help them. You come
back and tell us that we can't help them if there is no way to help them
or we should help them, or we can't change the zoning laws, if we can
find a piece of property that he can swap across the street or something.
I don't know.
Mr. Carollo: Just don't get Plummer trying to find all 65 people a new
piece of land, because I'm sure he would find an appropriate hole for all
65 somewhere.
Mayor Ferre: Is there a second to the motion?
Mr. Plummer: Mr. Mayor, for the purpose of discussion, yes, I will second
the motion.
Mayor Ferre: All right, let us hear from Pat Keller and then we can have
a discussion on the Commission level.
Ms. Pat Keller: I think I pretty well know why the zoning laws are just
being ignored. You will have to forgive me, sir, but Mr. Carollo, you
don't go to the neighbors to discuss zoning. I too am in business and
I don't discuss with my neighbors how I should expand my business. I
go to the zoning boards. Laws are laws and the neighbors do not decide
what the laws should be. I have to commend Mr. Gary. Time and time
again ... quite frankly the man does everything right. He sees here what
the issue is. The issue is that we have a man here who quite frankly
should be in jail. The man perjured himself. it is a matter of public
record. He has been operating in violation of the law despite what the
court of this great land said. He is here now expecting me and you to
pay for a study. I'm just left speechless by this request from this man!
Mayor Ferre: That will be the day!
Ms. Keller: You are right there! You are right there! You are right there!
At any rate, I am objecting to the study. This man does not come with clean
hands, quoting Mr. Gary. He has not been an attribute to this community.
I too am in business. I don't plan that a whole neighborhood of 2,500
people should be disrupted because I wish to expand my business.
Mr. Carollo: Excuse me, what type of business are you in?
JAN 13 1983
sl
1b
0
Ms. Keller: I am in two businesses. At any rate I want you to know that
we object. The real issue here is that this man is operating illegally.
We expect him to be functioning legally. Thank you very much.
Mr. Plummer: Is there anyone else who wants to speak?
Mr. Mariano Cruz: My name is Mariano Cruz. I live at 1227 N.W. 26 Street,
in the neighborhood of Allapattah. I have lived there for the last 17 years.
I wonder of the concern of Pat Keller for the neighbors. But she was not
so concerned when she rammed Rapid Transit through 12th Avenue through my
back window (right there I can see Rapid Transit). She did not want
Rapid Transit in her neighborhood. Well., that is one thing.
I am here today on my day off because I did not know anything about
this yesterday. I read an article in the Miami News by Bill Gjebke about
the rezoning. What made me come here is that in the article they quote
two neighbors about being opposed to that. Most of the time in the press
they are quoting... I have all the articles from before that all the people
that are against this rezoning that was done in 1979 and those judges
that the appeals go to, they don't live in the neighborhood. They don't
care about that. I live there and I want to stay in the neighborhood.
At the time I live at 12th and 26th. That may put me twelve blocks from
Mr. Nunez' business. You live at 1425 N.W. 13 Terrace; that puts you 17
blocks. So I beat you by five blocks from the business. That is a fact.
I live at 1227 26th Street. Now, another thing, at a time when some of
my neighbors and even my family have left the City of Miami in fear of the real
or imaginary crime problem... whatever, I don't see that problem in my neighborhood.
I walk the neighborhood every day. They go to live in the County. They go
to live in North Miami. People in my own family who work for the City of
Miami and who get good salaries from the City of Miami, and they don't even
spend a penny because they even brown bag lunches. So they don't even spend
anything in the City of Miami. And they use the cars of the City to go to
their houses and all that. They work for the City. They get paid with my
tax money. Sometimes I wonder if I work for them or if they work for me.
Now, I am in favor, since I live in the Allapattah neighborhood, of
any businessmen, like Mr. Nunez. I have never talked to him or visited his
business at all. I have never been to his place. I have been by his place
but I have never stayed in his place. A guy, a person who is bringing
solutions to problems. He is not bringing a study out of the blue yonder,
Blue Ribbon Committees, and all this; solutions to problems, immediate
solutions to the problem. He is not allowed to go through when he is
employing people there. I know for a fact because I live there, when
Dand Plumbing needed to expand, they went across the street, 12th Avenue
and 23rd Street. When Peninsular Plumbing needed to expand, they went
across the street, 17th and 23rd. Right at 23rd Street the whole street
is being zoned industrial for many years. Just for those few blocks
between 17th and 25th Avenue, that is the only thing. And even in that
strip there, there is a fire station of the City of Miami; now it is closed.
But that fire station on the north side at 2300 23 Street had been there
for many years. Let me tell the Commission. The Commission have sometimes
gone out of their way to help downtown. But let me tell you one thing.
The City of Miami is not only downtown. It is Overtown and it is Allapattah
too. So have that in mind. Don't think on just the neighbors that are
vocal and organized. There are many, many people in the neighborhood,
the silent majority that pay taxes. [They are] not like me. I know how
to come here and say what I... because I know how the system works. But
many in my neighborhood, they just know their duties. They know when a
tax bill comes and they pay. I know how to come ..ere and tell it like it
is. Thank you very much.
Mayor Ferre: We have a motion before us. I really don't think it is a
very complicated motion. We are not asking for any studies. We are not
asking for anything. The motion simply says, Mr. Manager, look in their
way, if possible, to help this man through economic and other sources to
come back and report to us. It has nothing to do with the administrative
procedure that is pending. Counselor, is there anything else that you
want to add? I don't think there is anything else we can do at this time.
JAN 13 1983
sl
U
0
Mr. Martin Genauer: I would like it clear that the Economic Development
Department of the City is going to participate in this process.
Mayor Ferre: That is up to the Manager. I'm not going to tell the
Manager how to do his job on this particular issue.
Mr. Gary: If he lets me come to Paul, Bailey, and Landy and tell him,
he can tell me.
Mayor Ferre: All right, we understand what you are saying. We understand
your client's problems. Certainly I think this Commission is sympathetic
to it;.not to him, but to everybody else.; I cannot think of one single
time when a major employer, even a minor employer has come before this
Commission, that we have not gone out of our way to try to help that
person solve his problem. We don't always succeed, but we try. We do
that with the clothing industry. We do that with the apparel, the design
industry. We do it with the meat industry. We do it with every, listen,
God knows that there are not enough jobs in Miami. We are certainly not
anxious to chase anybody out. Let's call the vote.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 83-34
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER
(OR HIS DESIGNEE) TO MEET WITH MR. ELPIDIO NUNEZ,
PRESIDNET OF NORTHWESTERN MEAT, INC. AND NEIGHBORS IN
THE IMMEDIATE AREA CONCERNING A POSSIBLE RESTUDY OF THE
ALLAPATTAH COMMERCIAL INDUSTRIAL AREA IN ORDER TO SEE
IF A REASONABLE SOLUTION CAN BE ACHIEVED REGARDING THE
EXPANSION REQUIREMENTS OF THE AFORESAID COMPANY.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
— AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
* Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
ON ROLL CALL:
* Mr. Plummer: We spend millions of dollars in this community every year
to try to bring new business. I think we need to spend a few to try to
keep one here. I vote yes.
53. SECOND READING ORDINANCE: PROHIBIT USE OF CABLE T.V. FOR
DISTRIBUTION OF OBSCENE OR INDECENT MATERIAL.
Mayor Ferre: The hot issue before us tonight is 12, isn't it? Is that
the next one before us?
Mr. Plummer: Is that a hot number?
4 Mayor Ferre: Yes, let's go to the hot number. Let's go to 12. All
right, fellows, let's line up. Come on, Paul, give us a lecture about
the first amendment and all that.
88 JAN 13 1983
a
0
Mr. Plummer: Woa! Woa! We are speaking about porno and the Mayor is
telling the guys to line up? There is something wrong there.
Mayor Ferre: Line up. How many of you want to speak?
AT THIS POINT THE MAYOR TAKES A COUNT OF HANDS.
Mr. Paul Steinbergg• Thank you, Mr. Mayor. My name is Paul Steinberg. My
office is at 300 7lst Street, Miami Beach. I am chairman of the
Florida Motion Picture, Television, and Record Council for the State
of Florida. The proposed ordinance dealing with the censorship of
cable television in your City came up for a discussion at the council
meeting in Tampa three weeks ago. A motion was made and unanimously
passed the council directing me to come here and oppose the ordinance.
The Motion Picture and Television Advisory Council of the State of
Florida is a nineteen -member board selected by the Lieutenant Governor,
who is now the Chairman of the Department of Commerce and in the
Governor's Office. It is made up of people involved in the motion
picture, television, and record industry throughout the State of Florida.
It is the opinion of the council, number one, that the proposed ordinance
is probably unconstitutional. We, of course, do not make a legal
determination. But we believe the structuring of the ordinance wherein
the definition dealing with an obscene matter could cover even a PG
movie shown throughout the community is improper. We believe the present
manner in which the hearing is conducted by the City Manager, who can
also be the prosecutor and judge and determine the sentence is improper.
The fact that the ordinance does not contain appeal provisions is
improper. But really what we look at is the fact that today, in the
United States under the first amendment and second amendments to
the Constitution and the State Constitution that this type of ordinanc
probably is unnecessary. We believe that it will stifle not only
the production of motion pictures in the State of Florida but the
showing of motion pictures in television here. We believe that this
industry, which is going to pump $150 million into the State of Florida
this year, in 1983, at a minimum should not have any impediments imposed
by any local municipality, whether what the municipality is trying to do
is constitutional or not. We believe that the freedom of the individual
to watch something that is shown across the air should be preserved. If
the cable company, just as a local motion picture studio or a local movie
house or book store, shows something that is improper, the current laws
are strong enough where this Commission and the State Attorney's office
could to%e action. We do not believe you need a special law for cable
in your City. The last point, when we, in the State of Florida, were
discussing; this, Mr. Mayor, we talked about having the cable companies
provide a „lock -out device. These are available. They are available in
many areas of the United States free of charge to people who want to
limit what their children see on T.V. I think that would be an easier
way of going, rather than condemning everything out of the box, allowing
the individuals in your community to say what they want their children
to see. Thank you, Mr. Mayor.
Mayor Ferre: Thank you.
Mr. Melvin B. Karl: I'm Melvin B. Karl, 145 Medeira. I'm the attorney
for the Screen Actors Guild. I am also their Assistant National Executive
Secretary. I also serve on the same commission that Senator Steinberg
discussed. So, obviously, since the motion that he talked about was
unanimously passed, I voted for it. I am not going to talk about that
right now. I'm going to talk on behalf of the third largest branch of
Screen Actors Guild in the United States, which is located in Florida.
At our annual meeting, which was held a few months ago, our membership
expressed concern over the proposed ordinance to ban the use of alledged
obscene material on cable television in the City of Miami. We feel that
censorship is not in the best interest of the City of Miami. As in the
"Scarface" situation, freedom of expression seems again to be threatened.
As performers, this freedom is very precious to our members. They are
even more concerned, however, as citizens. It is their belief that this
ordinance is unconstitutional and an infringement on the first amendment.
It seems to us ludicrous at this point in time to have to have a court
JA N 13 1983
sl
L1
Mr. Karl (CON'T): down the line to overturn this and point, scorn, and
ridicule the City of Miami and the State of Florida and the industry that
we are trying to build up. We are worried about the first....
Mayor Ferre: We are not worrying about scorn or ridicule. We worry
about decency.
Mr. Karl: Well, do you propose that decency should be ... shouldn't that
be left up to the individuals? Shouldn't people be allowed to raise
their children and have decision as to how their children should be
raisedT I think we are taking that away from them. A person has the
right to raise their children. If they don't like... there is a box.
There are many, many ways of protecting children without condemning
or preventing the entire community from having an opportunity to see
what is over the television waves. It seems to me like we are talking
a bomb for a little ant hill.
Mr.. Carollo: If we are going to follow that argument, then we would be
following the argument that it's unconstitutional or illegal for the
State to force children to go to school.
Mr. Karl: I don't think that is the logic that I am using.
Mayor Ferre: You are using up your time. Don't get into a debate. Just
finish your statement. Then we will have Commission.
Mr. Karl: O.K., I'll just say this. I don't think I am using that
argument at all. I think what you are talking about, perhaps, and
from reading the ordinance, we are talking about health, welfare, and
safety of the citizens. I think health, welfare, and safety of the
citizens would be better served without censorship. I think that freedom
of speech is a price that we pay for democracy. I find that this is
constant vigil and a constant fight to preserve this. I fear again this
is what we are having happen here. Thank you.
Mayor Ferre: Next speaker.
Mr. Wade Adams: My name is Wade Adams. I am the Executive Director of
the Community of Art Alliance at 1000 North Miami, Miami. We of the
Community of Art Alliance feel that it is not the duty of government
to regulate cable programming. The crucial decision of what should be
watched in the home belongs in the home. The individual television
owner should have control over the programming which plays such a vital
role in the shaping of their children's world. As the Miami Herald said
in its editorial this morning, "This board would serve the public interest
better by seeking a means of locking out certain offensive programming,
rather than censoring total cable viewing." I would like to bring to
this board's attention a unique device called Censor -View 2000, which is
available locally and which provides that practical answer since it
satisfies both sides of the question. On one hand many groups contend
that violent sexual and immoral themes abound on television negatively
influencing their children. Censor -View 2000 provides these groups of
concerned persons the opportunity to intervene by stopping these programs
from being received in their homes. Other groups are opposed to the
threat of censorship and feel that programers and viewers should enjoy
first amendment protection and the free use of cable facilities. Censor -
View 2000 can bring this concern to the manageable level of the person
in control. It advocates responsible parenting and paW-.1es both factions
of the censorship debate. Thank you.
1V.
JAN 13 1983
sl
In
0
Mr. Richard Friedman: Richard Friedman, 100 North Biscayne Boulevard,
Miami. I am here today as an officer of the court, as an attorney, and
as a private citizen and as a nine -year -member of Screen Actors Guild.
I am here primarily because I am quite concerned about the first amendment
to the United States Constitution and also to the Florida Constitutional
amendment which, a provision of the Florida Constitution which guarantees
for every American and everybody in this country an opportunity to think,
to see, to speak as they wish without regulation by government. Those
provisions were put in the constitution to protect the people from their
government. It was not put in there to allow the government a power to
regulate those areas of human behavior. That is, our founding fathers
were afraid that governmental officials, being over zealous would take
away rights which they felt were inalienable for each and every one of us.
This particular proposed ordinance does exactly that. It is not just
simply that the fact that this kind of a law you would find on the books
in Soviet Russia, in communist Cuba. Because in those kinds of countries
where you have dictatorships where peoples' rights to freedom have been
taken away, those kinds of things that people cannot get up and speak
and protest against. There you don't have to worry about people seeing
sexual things or violent things in movies. They just don't allow you to
show those things.
We can pattern our laws after communist countries, but I suggest
it is not an eastern Europe, or Russia, or communist Cuba we should pattern
ourselves after. But that we are the torch of freedom in the United States.
It is the American way. It is in your oath of office and in my oath as
an attorney to uphold, defend, and support the constitution of the United
States. That constitution includes the first amendment.
It may be that you can go to a New York hotel, Mr. Mayor, as has been
published in the newspaper and find something offensive. I respect that
right. Your sensibilities may be that I find that particular movie
offensive. But I may not find it offensive. That is my prerogative.
The point is that no governmental body should determine what any particular
citizen should see in their own home on their own television. No governmental
body should determine what any person, whether they are two years old or
100 years old, in their own homes should see in the privacy of their own
home.
Let's assume you did regulate cable television. You would not be
regulating ON T.V., for example. That is to say that all you would be
accomplishing in the short run before the cable television companies
attorney went to court and knocked this ordinance out as patently
unconstitutional, is for have people shifting their adult viewing to
ON T.V., which you cannot regulate and which does and can go into the
homes of the people of the City of Miami.
You know, the State of Maryland years ago set up a board of censors.
The board of censors censored a movie in 1953 called "The Moon is Blue."
Do you know why they censored it? Because in 1953 it was a value judgement
of the community at that time that the word 'pregnant' (it was a David
Niven film that we would find a G rating now). But it had the word 'pregnant'.
In 1953 that movie was banned because of that single word.
Mayor Ferre: O.K., thank you.
Mr. Freidman: Let me just take ten seconds. In sum, Mr. Mayor, I think
that you would be making a grave mistake in passing this ordinance because
not only would the ordinance —besides the fact that it might be knocked
out, besides the fact of the unconstitutionality of it, I think it would
do a disservice to all the people of the City of Miami in terms of the
image of this City throughout the United States. Thank you.
Mayor Ferre: Thank you. Next speaker. Does that conclude the speakers?
All right, Mr. Castillo, quickly.
Mr. Albio Castillo: Mr. Mayor, do I have to say my name and address again
since....
Mayor Ferre: Yes, sir, you do.
�1
JA N 13 1983
sl
r
4b
Mr. Albio Castillo: Thank you, sir. My name is Albio Castillo. I live
at 2386 S.W. 5 Street. I would like to ask this question to you. Why
are you banning it since there is revenue from it? Besides, it is
optional, like it is in ON T.V. You can have the revenue. Besides,
we need the money.
Mayor Ferre: Thank you, Mr. Castillo.
Mr. Castillo: You are welcome.
Mayor Ferre: Is that it? One more speaker.
Mr. Jobn McDaniel: John McDaniel, 690 N.E. 50 Terrace. I feel that I
am against this ordinance. I feel that the City Manager has better things
to do with his time really than watch these movies. I will help him if
he needs any help. I just feel that you should put a key on the cable f
and not on the person watching it.
Mayor Ferre: I think that concludes the public hearing portion of it. _
Do you want to say something? All right, go ahead, quickly because we
are running out of time.
Ms. Licia Kehrhahn: Licia Kehrhahn, 149 Ponce de Leon Boulevard, Coral
Gables. I am in favor of the ordinance. As a mother....
Mayor Ferre: Sorry you don't live in Miami
Mrs. Kehrhahn: ....and a grandmother. They are talking like businessmen.
They want to make money. I am talking like a mother and I am thinking
ahead. Your children have a way of knowing how4to manipulate this thing
that you say will stop you from seeing these horrible films that have ... that
leave a child terribly disturbed. They cannot cope with these kinds...
Mayor Ferre: Gentlemen, in the interest of time, I would just like to
make a quick statement into the record. In the first place, we put
this matter before the voters of Miami. It isn't the will of Maurice
Ferre or J.L. Plummer or Howard Gary or anybody individually. We live
in a democracy. We put it up to the people in a straw vote. The people
of Miami expressed their opinion. It does not matter that the difference
between the yeas and the noes was 1% or 1/2%. It was a referendum. The
people voted. That's it.
Secondly, you keep saying censoring. Censorship is when the government
says this is what you shall see and you shall not see. We are not doing
that here. We have avoided that very carefully. This is not me. This is
the City Attorney, who will explain to you that this is not censorship in
the regular sense of the word of what censorship is. We are not censoring.
Three, there is an administrative procedure. Four, you are saying that
this deals with the first amendment. We are following the guidelines of
the Supreme Court of the United States. The first amendment and freedom
of speech does not say that you can say anything, anytime, any place,
anywhere. It does not say that. The first amendment says that there
shall be no abridgement of the freedom of expression, speech, gatherings,
and so on. The Supreme Court who interprets the first amendment for us,
not you, Richard, the Supreme Court. The Supreme Court very specifically
stated in both the Miller case and the Roth case...and they say that the
first amendment does not cover obscenity and it specifically defines what
obscenity is.
Some young lady came up to me today from the press. I'm not going
to get into the seven deadly words because it will be a bleep when it
goes on tonight in the 6:00 o'clock news because there are rules and
regulations even in the federal government about what I can and cannot
say and can go on that tube. But the point I am trying to make to you
is, he said, "Why are you trying to impose standards on me?" I said,
look, there is nothing in the constitution of the United States that
does not say that it is not a definition of what morality is, but we
do have a right to define as to what we don't want to be. We have that
right. The Supreme Court has said time and again that we have that
right and that we can set community standards. What we are doing is
we are trying to go about the process of defining community standards.
92
;1
JAN 13 1983
0 i
Mayor Ferre (CON'T): I asked this young lady, and I'm sorry this is a
tough subject. We have to get into hard stuff. I asked, "Do you find
it acceptable to see a movie of let's say sex between a child and an
animal?" She says, "That's horrible." I say, "Well, then there is
something that you object to." So it is not a question, therefore,
don't you see whether or not... well, you may think that is ridiculous. —
There are some of us in this country who feel it is a very important
subject. I think that we are using the streets of Miami to lay these _
cables so that the governing body of the City of Miami has an absolute
right to see in the fact that we have the policing powers of local
government, just like we have the right to put traffic signals, just
like wt have the right to say you cannot put a twenty story building
on this piece of property. We don't want the streets of Miami to be
used so that pornographic films will be shown on cable television.
The people of Miami have concurred with that. All we are doing is
formalizing that. I'm going to have some amendments to it later on.
But I think that in the interest of just moving along, I think we need
to get on with this thing. I'm sure we will be perfecting it and changing
it. Our City Attorney says this is legal. Our City Attorney says this
is constitutional. The people of Miami have voted in favor of this thing.
It is time for us to go.
Mr. Carollo: I think that there are a lot of people in this community
that have to be grateful for this polemnic of whether we are going to
have pornographic material being shown on cable T.V. or not. It is about
the first time that I can recall that the liberal elements of the
community are finally are finally acknowledging that there is communism.
Without using those famous cliches as witch hunt, McCarthyism, many of
those other fine words that they like to use. The truth of the matter
is that this country was founded on some very basic principles. Those
were the family unity and a strong, firm belief in God. I think that
same type of mentality that under the screen of freedom of expression
is in favor of pornography. It is doing a great disservice to the moral
structural fibers of this country. On one hand you see the Miami Herald
and others calling it censorship because this Commission is taking a
responsible step. On the other hand it is not censorship when they
are in favor, or I should say are against, of prayers in the schools.
I mean what is good for the goose is not good for the gander. I think
that the majority of the people of this community feels the way this
Commission does. I think the day that the majority of the people of this
country feel differently is the day that we are going to see a whole different
type of world and a whole different type of government in the United States.
I think that if we don't learn from history, history repeats itself. There
is a lot to be said about the old great Roman Empire and how it fell from
inside, not from outside. It fell from a complete breakage of the morals
of the community, corruption and other evils. If you look at present day
United States I think that you can find some parallels there. I think it
is up to people in government to take the position, they might not be
popular with the people that have the means and some of the medias
and try to control the minds of the majority of our people. If you take
eY
a position that they know is correct in principle and let those who want
to attack us come and attack use...
Mayor Ferre: I need to go and I apologize, really, but I have to be
at F.I.U. before the Board of Regents at 5:00. I don't know how I'm
going to do it, but, could we have a motion on this so that we could
vote? Then those of you who want to speak, could speak. I want to
vote and then you guys could speak before you vote.
Mr. Carollo: Mr. Mayor, I make a motion that the second reading of
the ordinance to prohibit the use of cable television with distribution
of obscene or indecent material be approved.
F" Mayor Ferre: Is there a second to the motion?
Mr. Perez: What is the motion, to be approved?
Mayor Ferre: Yes.
€ Mr. Perez: Yes.
93
sl JAN 13 1983
410
a
Mayor Ferre: There is a second. Would you read the ordinance? Then,
when you call the vote, call on me first and then let the others make
their speeches. Call the roll.
Mr. Plummer: No, wait, under discussion.
Mayor Ferre: Can you say your speech before you vote? Let me get out
of here. Let me vote.
AN ORDINANCE ENTITLED -
AN ORDINANCE PROHIBITING THE USE OF CABLE
TELEVISION FOR DISTRIBUTION OF,OBSCENE OR
INDECENET MATERIAL, DEFINING TERMS, PROVIDING
FOR SANCTIONS FOR VIOLATIONS OF SAID PROHIBITION,
PROVIDING FOR A PROCEDURE FOR IMPOSING SUCH
SANCTIONS, AND CONTAINING A SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of October 28, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Carollo, seconded by Commissioner Perez, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: * Commissioner Joe Carollo
* Commissioner Demetrio Perez, Jr.
* Commissioner Miller J. Dawkins
* Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9538
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.
ON ROLL CALL:
* Mr. Carollo: I vote yes, and in voting yes let me state the following.
I, for one, whether I have to stand alone in the future, and I don't
think that would ever be the case, I just cannot go along with that
type of mentality that in one hand is in favor of pornography in
cable television. On the other hand they are in favor of a nude beach
off our shores. With that same flip of the tongue they are against
prayers in the schools. I guess it won't be long before that same type
of mentality will be in favor of building a Tower of Babel. I vote yes.
* Mr. Dawkins: I feel that the issue is wrong, but it was put on the
ballot; and the citizenry, regardless of how many of them turned out
or not, did vote that they were in favor of it. Therefore, I am going
to vote yes in hopes that this will end up in the courts and the courts
will decide it.
* Mr. Perez: I vote yes and I want to clarify that I think that it is
an obligation of this Commission and this community to preserve the
integrity and the moral values of our community. That is why I vote
yes.
* Mr. Plummer: I am voting yes, but let me make a statement and very
simply this. We are not denying the public of South Florida the right
to view what they want to view. We are only doing in an area we are
charged with the responsibility of that which we regulate which is
cable T.V. We do not regulate any other form of media other than
cable T.V. This went to a referendum. The people of this community
spoke. We have a responsibility to follow through with the majority
vote of this community.
94
on
sl JAN 13 1999
i
54. SECOND READING ORDINANCE: AUTHORIZE ISSUANCE OF $65,000,000 1.
MULTI -FAMILY HOUSING REVENUE BONDS (for low and moderate income,:
families), etc. ►t,`
Mr.
Plummer:
0.K.,
next
item. qP
Mr.
Carollo:
J.L.,
the
archbishop before you.
Mr. Plummer: Yes.
Mr. Carollo: Make an appointment for the next confession.
Mr. Plummer: Item 24.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: O.K., we can go to 11. Item 11, Mr. Manager. Anyone else
wishing to speak on item 11? Doctor, for the record, your name and
address, three minutes.
Dr. Jane Theede: Dr. Jane Theede. I need a little more. Dr. Jane Theede,
150 S.W. 7 Street. This is an item that came up the 4th of November. I
had not read it properly. I got shot down. I've had time and according
to records available to the public, I have many objections to this particular
item, going all the way from plain communism to this is plain insanity.
First of all, this is a combination of two issues. One, is a $25 million
that was authorized as an emergency issue in 1976. It says section 5,
for the prompt payment of the principle of and interest of such bonds
they shall be levied and collected annually, a general tax upon all taxable
property within the City of Miami over and above all other taxes authorized
to be levied by the City sufficient to pay such principle and exceeding...
and so on... So, even though it is listed in your agenda as being a
housing bond issue, in reality the 1976 issue is a general issue. It
says $65 million. It will take what is left of that $25 million, which is $8
million and this is a multiple -family housing revenue bond. The bond issue
states that the income for the payment of the bond will come from the rents
and whatever people have put in escrow. But as you read farther into it,
in case of default, this again becomes a general City obligation. This is
specific. Chapter 8, page 2, final judgement for payment of money should
be rendered against the City as a result of its acquisition of operation
of any project and any such judgement shall not be not discharged within
sixty days and it goes on with legal terminology. Also in there, and I
= don't....
Mr. Plummer: Doctor, what are you reading from?
Dr. Theede: From stuff that is available to you. The default Chapter 8,
page 2 is in that package that should be in with what you have today, or
was given to you on the 4th of November.
Mr. Plummer: Would you show that to Mrs. Spillman so she can identify it
from where....
Dr. Theede: No, it is not in that, Mrs. Spillman. It is in that very
r-x large.
Mr. Plummer: No, the paper you have, Doctor. Show her that paper so we
can identify it..
Dr. Theede: This is just my hand written copy. It is upstairs.
Mr. Plummer: But you are quoting law.
Q5
sl JAN 13 1QV
003
0
Dr. Theede: I am quoting what was given to you in your packet. I am not
quoting law. This is the proposed bond issue. Elsewhere in there it
states that in case the project or projects do not have sufficient funds
with the $25 million plus the $8 million that they have an open end to
complete the projects. So this gives you an unlimited amount of funds
to issue bonds on if you initiate enough projects.
Over the telephone I talked with Ms. Spillman. She said this is
Allapattah and the Civic Center. But there is no where in public record
an identification for what this can be. As I read this, Vice Mayor Plummer,
I get the distinct impression that we are backing into Overtown Park West;
because with an unlimited amount of bonds that can be issued to complete •
the protects, and the projects not specifically identified, we can start
a series of small projects each place run out of money and continue to
issue bonds unlimited. There is no limit. It just simply says to finish
the project. That is one of my objections.
The second one that I consider to be totally ludicrous furnished to
me by Mr. Reid because I had already called the Census Bureau is what the
1980 median income is. This bond issue calls for housing to be provided
to the people on the ratio of 20% for 50% to 80% of the median income
and 80% from the 81% to 150'% median income. In 1980 the median income
was $13,564 for one person; $15,550 for two people. So this means that
in 1980 under this bond issue two people could make $23,250 are eligible
to live in this housing at the rate of $581.25. In 1980, Vice Mayor
Plummer, you know as well as I do you could get a lovely apartment on
Brickell Avenue for that amount. This is why I say we are backing into
Park West. Because please tell me who makes $23,000 is going to move
into and live in a project in Allapattah or the Government Center or
the Civic Center. For this I would gladly move in to Park West.
There is another thing that disturbs me. I am calling Perez' and
Carollo's attention to this. I consider the act of acquisition of
private property by a governmental body for resale to another private individual
to be unadulterated communism. If you don't want to call it communism, then
I want to call it favoritism or whatever you would like to giving somebody
a chance to increase their capital net worth by millions of dollars with
no money invested. Because if you buy as a governmental agency you buy
property from Dena and you sell it to me with the fact that as I build
this for which I get a loan that you back my loan on and then I repay
you with the rent then at the end of 30 years, as this bond issue allows
that is my property free and clear. I do not have to answer to you any
longer. I convert this from public housing to private housing. There
are too many dangerous aspects in this.
Dena I am certain is very altruistic about wanting to help the people
of low and moderate incomes. But we still have certain facts that are
before us. Someone who today, in 1983, according to the projection of our
own department. It is capable of paying $814.50. That is 150% above
the mean income. It is not going to go into a project. For $814.50
you still have a lot of apartments on Brickell Avenue available. So,
you know, who are we fooling when we say that these kinds of rents that
these people can go into these projects with these kinds of rents? They
are not going to go into Allapattah. So this is why I said it looks as
though we are backing into Park West. This is why I think that the
Commission in all honesty, integrity, and fair conscience should vote
no.
If Dena would like something for Allapattah I think that it is the
obligation of that department to be specific in what they want, in the
amount of money that they want and the location in a piece of paper
that is available to the public so that I do not have to supine myself
to find this information from her. She is a public servant and this
information should be available to the public at all times without request.
Mr. Plummer: Dena, do you wish to respond?
r
{' Ms. Dena Spillman: I am going to respond very briefly. Number one, the
bonds are not unlimited. The ordinance you have before you is for
$65 million in mortgage revenue bonds, not general obligation bonds;
and $8 million in general obligation bonds. [It is] very specific.
We cannot go above that unless you authorize it.
%%as
51 JAN 131983
0
Mr. Plummer: Mr. Clark, do you have anything to say?
Mr. Robert Clark: I would support Mrs. Spillman's statement.
Mr. Plummer: All right, Pat Keller.
Ms. Pat Keller: Pat Keller, 1437 N.W. 13 Terrace. I am not as familiar
with this as I should be. I am a major property holder in the Civic Center
area. We have not been informed as to what you people are contemplating.
I want to publicly ask that we who, and as President of the Allapattah
Community Association, we be shown just what the City is contemplating
doing in our area. Quite frankly, what they have done so far, believe
you me, has not been the best. So I want to have that information at
hand as a taxpayer and as an individual who is very, very concerned, and
as one who lives in the Civic Center area.
Mr. Plummer: Dena, you will make note of that.
Mrs. Spillman: I will be happy to meet....
Mr. Plummer: Is there anyone else wishing to speak on item 11? All right,
is there a motion?
Mr. Perez: Yes, I move it.
Mr. Plummer: Moved by Commissioner Perez. Is there a second? Is there
a second? For the third and final time, is there a second?
Mr. Dawkins: Yes.
Mr. Plummer: Was that a yes?
Mr. Dawkins: Yes.
Mr. Plummer: I'm glad you got some batteries in your hearing aid. Further
discussion among the Commission?
Mr. Dawkins: Yes.
Mr. Plummer: Commissioner Dawkins, we really don't want to hear you but....
Mr. Dawkins: I was thinking of trying to support you for Mayor, but you
just blew that.
Mr. Plummer: On behalf of my family and my brother, they thank you.
Mr. Dawkins: My only concern is the same one I am posing every time
this comes up. I don't want anybody relocated outside of the area where
they are. That is my only concern. You see....
Mr. Gary: Permanently, you say.
Mr. Dawkins: No, I mean period. Because you see, us, see you are the only
one that understands what I'm saying, see us have a habit of when us get
get out us don't go back. So, you understand what I'm saying, right? O.K.,
thank you.
Ms. Keller: Dena, will you be able to pick people up....
Mr. Plummer: Excuse me, we have closed the public hearing when the motion
was made. Ms. Spillman will get in touch with you afterwards. Any further
discussion by Members of the Commission. Hearing none, call the roll.
Motion understood? Call the roll.
t
sl
JAN 13 1983
s
0
AN ORDINANCE ENTITLED -
AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT
EXCEEDING $65,000,000 MULTI -FAMILY HOUSING
REVENUE BONDS OF THE CITY OF MIAMI, FLORIDA,
FOR THE PURPOSE OF PROVIDING HOUSING IN THE
CITY OF MIAMI FOR FAMILIES AND PERSONS, INCLUDING
THE ELDERLY, OF LOW OR MODERATE INCOME; PROVIDING
FOR THE USE OF PROCEEDS OF PRESENTLY ESTIMATED
$8,000,000 OF HOUSING BONDS OF THE CITY OF MIAMI,
AUTHORIZED BY ORDINANCE NO. 8514, TO ACQUIRE LAND
AND PAY RELOCATION AND OTHER EXPENSES IN CONNECTION
WITH SUCH HOUSING; AUTHORIZATION OF PREPARATION OF
A TRUST INDENTURE SECURING SAID REVENUE BONDS; AND
AUTHORIZING THE INSTITUTION OF VALIDATION PROCEED-
INGS FOR SUCH BONDS.
Passed on its first reading by title at the meeting of December 9, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Perez, seconded by Commissioner Dawkins, 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 Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NOES: None.
ABSENT: Commissioner Joe Carollo
Mayor Maurice A. Ferre
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9539
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.
55. SECOND READING ORDINANCE: REPEAL SEC. 36-11, CHAPTER 36 C'NOISV
AMEND SEC. 19-184, CHAPTER 19-PROVIDE FOR INCREASED RESTRICTION
AS TO TIME AND NATURE OF PYROTECHNIC DISPLAYS.
Mr. Plummer: Item number 10, this item relates to fireworks. Is there
anyone here who would like to come forward and speak on item number 10?
Please do so at this time. This is second reading. Are you aware, ma'am,
after you state your name and address for the record that there have been
amendments to this? Are you the lady who is in the fireworks business?
Ms. Vera Walker: Yes, I am and no, I am not aware. Could I ask that this
be postponed until I review the amendments?
Mr. Plummer: You can ask anything you want, ma'am. It depends if this
Commission grants it or not.
Ms. Walker: Could this be postponed until next meeting then?
Mr. Gary: No.
Mr. Plummer: There is a request of this Commission to postpone this
item. Does any Member of this Commission wish to speak to that request?
You are about ready. No Member, ma'am, has addressed that issue. Do
you wish to speak to the issue? It is going to be heard.
Q3
51
,JAN 13 1983
Ms. Walker: Yes, thank you.
Mr. Plummer: For the record, your name and address please, and if you
represent a company.
Ms. Walker: Vera Walker, the company is Add Fire. My address is 11370 N.E.
8 Avenue.
s
sst
Mr. Plummer: You have three minutes, ma'am.
Ms. Walker: O.K., first I refer back to the issue of keeping companies
doing business in Miami. This is an issue here. If we want fireworks
companies doing business in Miami, then this ordinance is a severe problem,
because you cannot ask to do fireworks after 9:00 o'clock in the summer
because it is still daylight. So this is like asking to dig clams at
—
high tide. First, I'd like to say that I do know about noise myself since
I work as a pyrotechnician I am close to the noise. My company has made
noise embarrassingly one time. I apologize for that. We did make a
disturbance. I apologize. Since that time we have been very careful to
be very quiet with our fireworks. It seems to me the problem is specific
to the Orange Bowl, rather than other fireworks. We have asked the Police,
we have asked the Fire Department after several of our exhibitions if
there were any complaints. We had a response that there were no complaints.
We exhibited in such places as Vizcaya, where we would expect to get complaints
if we were unduly noisy. We did not have complaints.
This is an international community with a gala kind of atmosphere. It
seems that an 11:00 o'clock noise ordinance is not unreasonable for this
—
kind of community. Here at the same time, as the Mayor's impetus on
international trade, we are considering an ordinance that seems to us to
—
be a restraint on trade. We wonder about the legality of this ordinance.
Also we wonder if this is selective legislation since there are other
noises at night, such as the trains going by. So we are against the
fireworks ordinance.
Mr. Plummer: Ma'am, you have 30 seconds to wrap up.
Ms. Walker: We have an existing noise ordinance that should do, in this
case. We are suggesting making that this is unfair. We are willing to
be on the committee to make recommendations to study it. There are
other problems that are unnecessary and unfair in dealing with fireworks
such as having a bond. That is an unnecessary thing since insurance is
required. It is almost impossible to do business in fireworks. There
are fourteen federal agencies already regulating it.
Mr. Plummer: Thank you, ma'am. Is there anyone else wishing to speak to
.As item number 10? What is the pleasure of this Commission? Is there a
motion on item number 10?
Mr. Dawkins: Move it.
b
Mr. Plummer: Moved by Commissioner Dawkins. Seconded by....
�r.
Mr. Perez: Second.
Mr. Plummer: ....Commissioner Perez. Is there any further discussion?
Read the ordinance. Motion understood? Call the roll.
439
s1 AN 13 1983
4 %
AN ORDINANCE ENTITLED -
AN ORDINANCE REPEALING SECTION 36-11, ENTITLED
"DISCHARGE OF COMBUSTIBLES", OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, IN ITS ENTIRETY, AND
AMENDING SECTION 19-184, ENTITLED "MANUFACTURE,
SALE, TIME AND DISCHARGE OF FIREWORKS", OF SAID
CODE, BY PROVIDING FOR TIME RESTRICTIONS ON THE
DISPLAY OF FIREWORKS, EXCEPT ON CERTAIN SPECIFIED
DATES AND AUTHORIZING EXCEPTIONS TO THE RESTRICTIONS
BY THE CITY COMMISSION; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 9, 1982, _
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Perez, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NOES: None.
ABSENT: Commissioner Joe Carollo
Mayor Maurice A. Ferre
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9540
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.
56. FIRST READING ORDINANCE: AMEND ORDINANCE 9332 BY INCORPORATING
PROVISIONS OF RESOLUTION 82-1172 IN CONNECTION WITH GRANTING OF
CERTAIN SECURITY INTERESTS IN THE CABLE TELEVISION SYSTEM.
Mr. Plummer: Item 13-a, Senator Meyer. Mr. Clark, this relates to the
cable ordinance.
Mr. Gary: 13-a is an amendment to Ordinance No. 9332, which is the
Cable T.V. Ordinance. Basically what it does, well, let me give you
the problem first. The problem can be summarized as this. The lending
institution is saying to the cable company that, "We will not loan you
the money if the debt is not guaranteed." That is the basics. As an
example, if you a buy a car from a bank for $10,000 and you owe $5,000
remaining on that car. But the bank comes and repossesses the car, it
repossesses the car as well as outstanding liability with the assumption
that once you resell the car, you will get your money back out of the
system or out of the car. What they are saying now is that they borrow
$40 million and they owe $10 million outstanding and they default and we
take over the system, the current way that the ordinance is written is
that we take over the system and they still owe the outstanding $10
, as opposed to the way it works in the private world that if
million PP Y
you take over the system you absorb the $10 million. You resell the
system or keep it and recoup whatever you resell it for, you resell it
All
for the value plus the $10 million that is outstanding in liability.
"
Without this the banks are refusing to loan them the money because it
is not good business practice and it is not a customary business practice.
What we are saying here is that, which is on the second page, the change
100
sl JAN 131983
Mr. Gary (CON'T): is any subsequent sale or disposition of the system shall
be subject in support of said prior mortgage, which means you have to pay
the mortgages off first, which is the same thing you do on a car sale. For
example when a bank repossesses your car when it sells the car it gets its
money to pay itself first before any profit. Now, I will be recommending
a resolution at the time of second reading that if this passes, that says _
that anytime they want to borrow money they have to get approval from us
to insura that any amount of money they are borrowing does not exceed the
equity of the system.
Mr. Dawkins: Why must I pass this and wait for you to come back?
Mr. Gary: Because this is an ordinance that has to go through two readings.
This will be the first reading. The second reading will be in two weeks.
The resolution only takes one reading.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Senator Kenneth Meyer: All you are doing by this is taking the resolution
that the Commission has already approved and amending it on to the ordinance.
In other words, making the resolution, approving the loan part of the
ordinance. The lenders would like the security of having the resolution
in the sanctity of an ordinance. That is all we are doing. That's it.
Mr. Garcia -Pedrosa: Commissioner, what the Manager wants to have done, we
can do on second reading provided that we also at that time amend the
ordinance, which we can also do.
Mr. Dawkins: I move with the amendments to follow the second reading.
Mr. Plummer: Where are we, Mr. Manager? The one in the packet is the _
one applying. Have you had an opportunity to read that, sir?
Mr. Gary: Yes, sir.
Mr. Plummer: And you say to go ahead and pass it today on first reading?
Mr. Gary: Right.
Mr. Plummer: And you have no problems with that?
Mr. Gary: Right.
Mr. Plummer: Mr. City Attorney, you have read the one in the packet. Are
you recommending also that we pass it on first reading today?
Mr. Garcia -Pedrosa: On first reading, yes, sir.
Mr. Plummer: All right, sir. Senator Meyer, for the record, you are
representing the franchise.
Senator Meyer: The license.
Mr. Plummer: The licensee, all right, sir. You are in concurrence that
which appears in our packet is the one that we are passing today on first
reading?
Senator Meyer: Yes.
Mr. Plummer: All right, air.
Senator Meyer: It is exactly what you did the last time.
Mr. Plummer: O.K. Mr. Gary.
Mr. Gary: Commissioner, I would also like to get the attorney on the
record that he is in agreement with the fact that before they come to
borrow money they will get approval from the City.
101
sl
'JAN 131983
1
Senator Meyer: Mr. Gary, had you discussed that with me briefly a little
while ago, I have not had a chance to talk to the people about that. Between
now and two weeks....
Mr. Plummer: Mr. Meyer, we don't meet again until February loth, air.
Senator Meyer: Well, whenever you meet. It will have to wait.
Mr. Plummer: O.K., is there a motion?
Mr. Perez: I move it.
Mr. Plummer: Moved by Commissioner Perez. Seconded by Commissioner Dawkins.
Is there any further discussion? Read the ordinance on first reading.
Motion understood? Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9332 BY ADDING
TO SUCH ORDINANCE, AND INCORPORATING THEREIN, THE
PROVISIONS OF RESOLUTION NO. 82-1174 PASSED AND
ADOPTED BY THE CITY COMMISSION ON DECE4BER 16, 1982.
Was introduced by Commissioner Perez, and seconded by Commissioner
Dawkins and passed on its first reading by title by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NOES: None.
ABSENT: Commissioner Joe Carollo
Mayor Maurice A. Ferre
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.
ON ROLL CALL:
* Mr. Dawkins: I am voting yes with the understanding that at second reading
I may change my mind.
THEREUPON, THE CHAIR TEMPORARILY ADJOURNED THE
REGULAR PORTION OF THE AGENDA, AND PROCEEDED TO
TAKE UP ITEMS BELONGING TO THE PLANNING AND
ZONING PORTION OF THE AGENDA. (5:17 P.M.)
57. SECOND READING ORDINANCE: APPLICATION BY KATES/MR. & MRS. GORDON/
MR. & MRS. SHEPENIK - CHANGE ZONING OF 4000-40-50 WEST FLAGLER ST.
FROM R-4 TO C-2.
Mr. Plummer: Commissioner Ruvin, you are on item number 1. All parties
wishing to testify on item number 1, please come forward. For the
record, your name and your mailing address and proceed. Can you do it
in three minutes?
Mr. Harvey Ruvin: I certainly can, Mr. Vice Mayor. Thank you very
much. My name is Harvey Ruvin, lawyer with offices at 100 Biscayne Blvd.
102
JAN 13 tqm
sl
Mr. Ruvin (CON'T): I represent the applicants in number one. As you
recall we have been before you before and received favorable disposition
of that matter. We also have the favorable recommendation of the Zoning
Board. Since the original application was filed we have made some changes,
added, joined some other parties that bridged the gap to the other C-2
zoning to the east. Since the last meeting we have in fact supplied and
submitted to the Law Department favorable review a Declaration of Restrictive
Covenants.
Mr. Plummer: Harvey, let me try to cut through this.
Mr. Ruvin: Yes.
Mr. Plummer: Is there anyone here in objection to item 1 of the Zoning •
agenda? Is there anyone here in objection to item 1? Did I hear a yes?
Mr. Ruvin: No, I believe we satisfied all....
Mr. Plummer: Now, Mr. Whipple.
Mr. Whipple: Yes, sir.
Mr. Plummer: Your department's recommendation, please.
Mr. Richard Whipple: As indicated on first reading, we had recommended
denial. The Commission indicated on first reading that they were in favor
of the item with the voluntary proffer on the part of the applicant. The
proffer has been made and is in the hands of the Law Department. It contains
all those items which the City Commission had considered on first reading.
Mr. Plummer: So, you stand opposed.
Mr. Whipple: Yes, sir.
Mr. Plummer: All right, sir. It took you five minutes to say it, but....
Mr. Manager, do you have anything to say?
Mr. Gary: No.
Mr. Plummer: That's unusual. Mr. RL,,�tn, you hear the objections of the
department. I would ask you to speak to those objections at this time.
Mr. Ruvin: Yes, I believe that we have addressed those in the covenant.
I will just briefly tell you the covenant talks about our limiting a
portion of this property to a proposed building regardless of the C-2
zoning and to restricting that building to its plan and waiving any rights
to have any store fronts or retail outlets, waiving our rights to transitional
uses, and agreeing to strictly comply with the density restrictions. I
would tell you that we have met with the residents in the area. We have
met their objections.
Mr. Plummer: O.K. Mr. City Attorney, you have received the covenant?
Ms. Lucia Allen: Yes, sir, Mr. Vice Mayor.
Mr. Plummer: Mr. Whipple.
Mr. Whipple: Commissioner PLummer, I just wanted to advise the Commission
or make sure the Commission was aware that the covenant applies to a
portion of the property that is being rezoned. It does not apply to the
other portion.
Mr. Plummer: Question, this is for the entire yellow? Is that correct?
Mr. Whipple: Yes, sir.
Mr. Plummer: And the covenant you are saying only applies to which ones?
Mr. Whipple: Four, five, six, seven and the north 14 feet of eight.
103
,JAN 13 1983
sl
a 1
Mr. Ruvin: Right, the western half of the tract is the original application
wherein Lester Kates as trustee applied for his zoning. He later joined
the property owners to his east, Rose Gordon and the Shepniks. They have
no plans to change the use of the site as it presently is, which is a building,
housing unit, residential unit for the elderly and therefore, they have declined
to offer any restriction, any covenant. They feel that because of their
adjacent relationship to the C-2 zoning that exists immediately to their
east and due to the fact that they have no plans, they would not. We feel
that the application is severable if the board feels that; I think that
however, the applicant, the way it stands now, the application the way it
stands now has met all of the objections.
Mr. Plummer: Do I understand the dilema that we are sitting on here is
the fact that you probably would recommend the C-2 if the covenant covered
all of the property.
Mr. Whipple: No, sir. We have a problem generally with extending the C-2
over the whole site.
Mr. Plummer: All right, sir, all right.
Mr. Ruvin: How can you say that?
Mr. Plummer: Ms. City Attorney, it is so nice to turn around and not see
one of those ugly devils over there. Is it possible within the wisdom of
this Commission that we can apply that covenant only to the properties that
are the ones that have proffered a covenant? Can we do that? Is it within
the purview of this Commission to do such and exclude those who have not
given a covenant?
Ms. Lucia Allen: Yes, you may sever the application and only zone those
portions of the property that you feel is proper to do so.
Mr. Plummer: All right. Mr. Ruvin, do you have anything else to add, sir?
Mr. Ruvin: No, I stand to answer any questions you may have.
Mr. Plummer: Mr. Whipple, do you have anything further to add, sir?
Mr. Whipple: I just wanted to point out, if you are talking about dropping
the west half of the C-2 application, if I understood you correctly, then
you have a little spot zoning situation, which is the whole reason why
this property to the west was included to begin with so that it would not
be spot zoning. I'm not trying to speak for the C-2, I'm just saying the
result of what you are....
Mr. Ruvin: Thank you very much. That is what I was going to say too.
I think that is a very fair and well based in good planning comment. So
I would urge the approval of the application the way it stands.
tape 13 Mr. Plummer: O.K., we will call a close to the public hearing at this
time. Let me remind you, Mr. Ruvin, that you are entitled to a full
Commission if you so request. As you see there are only three voting
members which means you must receive affirmative votes on all three
presently sitting. You do have the right of deferral to wait for a
full board if you wish. It is your elective to do.
sl
Mr. Ruvin: I feel that the majority of the Commission sitting can act
on behalf of the Commission. I would certainly....
Mr. Plummer: All right, sir, you have taken your elective. Is there a
motion?
Mr. Perez: I move again.
Mr. Plummer: You move to approve?
Mr. Perez: I move to approve. I think, as I expressed during the first
reading, I think this change will benefit the neighborhood and the quality
of the land use in that portion of the City of Miami. I move that it be
approved.
104
JAN 131983
;1
0
Mr. Plummer: Is there a second? Is there a second?
Mr. Dawkins: I second.
Mr. Plummer: The motion is now seconded. Is there any further discussion?
Is there any further discussion? Hearing none, call the roll, please.
Mr. Ongie: It is an ordinance.
Mr. Plummer: Read the ordinance. Motion understood? Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED,
THE COMPREHINSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS
1, 2, 3, 4, 5, AND 6, BLOCK 2, STADLER GROVE (9-187),
ALSO DESCRIBED AS 4000-40-50 WEST FLAGLER STREET, FROM
R-4 (MEDIUM DENSITY MULTIPLE DWELLING) TO C-2 (COMMUNITY
COMMERCIAL); AND BY MAKING ALL THE NECESSARY CHANGES IN —
THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE
NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES, CODE
SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Perez, seconded by Commissioner Dawkins, 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 Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NOES: None.
ABSENT: Commissioner Joe Carollo
Mayor Maurica A. Ferre
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9541
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.
Mr. Ruvin: Thank you very, very much. I appreciate it.
THEREUPON THE CITY COMMISSION WENT INTO
A BRIEF RECESS AT: 5:28 P.M., RECONVENING
AT: 5:40 P.M., WITH ALL MEMBERS OF THE
CITY COMMISSION FOUND TO BE PRESENT
EXCEPT FOR: Mayor Maurice A. Ferre and
Commissioner Joe Carollo.
---------------------------------------------------------------------
NOTE FOR THE RECORD: At this point, Agenda Item 28 in the Planning
and Zoning portion of the agenda, was CONTINUED to February 24, 1983.
105
;l AN 13 1983
0
E
58. SECOND READING ORDINANCE: APPLICATION BY "RACASA, N.V." -
CHANGE ZONING AT APPROXIMATELY 3665-71 N.W. 7th ST. AND 821-899
N.W. 37th AVENUE FROM R-4 TO C-2.
Mr. Plummer: I am now going to start on item 2. Is the applicant here on
item 2?: Do you wish to go with three members or do you wish to wait for
a full Gommission?
Mr. Robert Traurig: I am happy to go with three but I believe that the
Mayor has just returned, so now we have four. But I am happy to go with
any three of the four.
MAYOR FERRE ENTERED THE MEETING AT 5:40 P.M.
r
Mayor Ferre: We are now on item 2. Is that right, J.L.?
Mr. Plummer: Yes. J.L., I'll tell you what, you do so well why don't you
run the meeting, chair it.
Mr. Plummer: Mr. Traurig.
Mr. Traurig: Yes, sir.
Mr. Plummer: You are the applicant on item 2?
Mr. Traurig: Yes, sir.
Mr. Plummer: All right, sir, this is for a second reading of 3665-71
N. W. 7th Street.
Mr. Traurig: Yes, sir.
Mr. Plummer: This was moved on the first by Commissioner Plummer and
seconded by Commissioner Dawkins. Do you have any further comments that
you wish to make on the second reading, sir?
Mr. Traurig: Yes, the agenda shows the request to C-2. We indicated to
you, Mr. Vice Mayor, that C-1 is the zoning designation that we are
seeking. So, except for the change from C-2 to C-1 which is a lesser
use, we have no further comment.
Mr. Plummer: To the department.
Mr. Whipple: Yes, sir.
Mr. Plummer: Do you wish to comment on what he just said?
Mr. Whipple: In response to that, the ordinance is drafted in C-1 language
along with the covenant that has been voluntarily proffered also is C-1.
Mr. Plummer: Has the ordinance been corrected?
Ms. Lucia Allen: The ordinance is proper and we have the covenant.
Mr. Plummer: Is there anyone here wishing to speak to item 2? Let the
record reflect that no one came forth. Close the public hearing at this
time and ask for a motion from the Commission.
Mr. Dawkins: Move.
106
Is it JAN 13 1983
0 0
Mr. Plummer: By Dawkins. Seconded by....
Mr. Perez: Second.
Mr. Plummer: ....Commissioner Perez. Read the ordinance on second and final
reading. Motion understood? Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF THE
NORTHERLY 293.63' OF LOT 6 AND THE NORTHERLY 398.47'
OF LOT 7, TROPICAL TRADES CO., STATION "A" (4-6),
BEING APPROXIMATELY 3665 71 NORTHWEST 7 STREET AND
APPROXIMATELY 821-899 NORTHWEST 37 AVENUE FROM R-4
(MEDIUM DENSITY MULTIPLE DWELLING) TO C-1 (LOCAL
COMMERCIAL); AND BY MAKING ALL THE NECESSARY CHANGES
IN THE ZONING DISTRICT MAP MADE A PART OF SAID
ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN
ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Perez, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9542
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.
59. SECOND READING ORDINANCE: APPLICATION BY EDWIN N. BELCHER, III,
GARY LEE BELCHER AND JOHN W. WATSON - CHANGE ZONING AT 3216-28
AVIATION AVENUE FROM R-4 TO R-C.
Mr. Plummer: Item number 4, is the applicant here on item 4?
Mr. Traurig: Yes, sir.
Mr. Plummer: Mr. Traurig, you have your choice, sir. Do you wish to
proceed at this time with three members or do you wish to wait for more?
Mr. Traurig: Three members.
Mr. Plummer: You have taken your choice. Is there anyone else here wishing
to speak on item 4? Mr. Traurig, this is for second reading, an application
by Edwin Belcher, III, Gary Lee Belcher, and John W. Watson to change the
zoning of approximately 3216 - 28 Aviation from R-4 to R-C. This was
passed on first reading on December 16th. It was moved by Plummer; seconded
by Dawkins. Mr. Traurig, do you have any further comments you wish to make
on this item?
107
JAN 13 )983
sl
0
Mr. Traurig: No, sir.
Mr. Plummer: Does the department have any further comments?
Mr. Whipple: No, sir.
Mr. Plummer: Does the attorney have any further comments?
Ms. Allen: No, sir.
Mr. Plummer: Is there a motion?
Mr. Dawkins: Move it.
Mr. Plummer: Moved by Commissioner Dawkins; seconded by Perez. Any further
discussion? Read the ordinance for second and final reading. Any further
discussion? Hearing none, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHINSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY CHANGING THE ZONING
CLASSIFICATION OF LOTS 14 THROUGH 22 INCLUSIVE
BLOCK 39, NEW BISCAYNE AMD (B-16), ALSO
DESCRIBED AS APPROXIMATELY 3216-28 AVIATION
AVENUE FROM R-4 (MEDIUM DENSITY MULTIPLE
DWELLING) TO R-C (RESIDENTIAL OFFICE), AND
BY MAKING ALL THE NECESSARY CHANGES IN THE
ZONING DISTRICT MAP MADE A PART OF SAID
ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION
IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING
ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF
IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Perez, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NOES: None.
ABSENT: Commissioner Joe Carollo
Mayor Maurice A. Ferre
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9543
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: At this point agenda items Nos. 29 and 30 in the
Planning and Zoning portion of this agenda, were continued for further
information.
■
Sl JAN 13 1903
Ll
60. SECOND READING ORDINANCE: APPLICATION BY PHILIP A. FOTI,
LABRADA AND CLASCA, HERNANDO ACOSTA AND FRANK C. PETRINE -
CHANGE ZONING OF 3860-70-90 AND 2900 S.W. 28TH TERRACE FROM
R-4 and SPD-2 TO R-C.
Mr. Plummer: We'll now take item 3. You had indicated you would go with
four members. All right, sir, are you representing the applicant?
Mr. Morris Proenza: That's correct, sir.
Mr. Plummer: All right, sir, this is an application by the Belcher family
and Watson to change the zoning of approximately 3216 - 28 Aviation from
R-4 to R-C. For the record, sir, state your name and mailing address.
Mr. Porenza: Mr. Vice Mayor, I believe that item 3 relates to another....
Mr. Plummer: I'm sorry. That's item 4.
Mr. Proenza: Yes, sir.
Mr. Plummer: It is in fact the correct information. I gave it the wrong
number.
Mr. Proenza: Yes, sir, that is correct. My name is Morris Proenza, 3211
S.W. 22nd Avenue. I have no comments at this time. I would like to
answer any objections or any questions.
Mr. Plummer: Is there anyone here who wishes to speak against item number
4?
Mr. PraQnza: No, I'm sorry, I thought we were on 3. I apologize.
Mr. Plummer: I'm sorry. I stand corrected. Let me re -read 3. Three is
an application by Philip Foti, Labrada and Clasca, Hernando Acosta and
Frank C. Petrine to change the zoning of approximately 2860-70-90 and
2900 S.W. 28 Terrace from R-4 and SPD-2 to R-C. Is that correct?
Mr. Proenza: That is correct, sir.
Mr. Plummer: All right, sir. Is there anyone here wishing to speak
against item 3? I might, for the record, remind that after this item
was approved on first reading there was a motion made by this Commission
to study the rest of the block for the same change. Getting back on
item three, do you wish to have any comments on item 3, sir?
Mr. Proenza: No, thank you, sir.
Mayor Ferre: Let me ask a question. As I remember, the Administration
recommended this.
Mr. Plummer: Yes, sir.
Mayor Ferre: And you had some strong feelings on this. The neighbors
were a little bit upset so you were going to meet with them and try to
work it out. I guess they are at least sufficiently satisfied not to be
here. We will be dealing with that when you look at the rest of the
area. Is that right?
Mr. Whipple: That is correct, sir.
Mayor Ferre: O.K.
F Mr. Plummer: Any further discussion? Is there a motion?
109
S l JA N 13 i983
0
Mr. Perez: I move.
Mr. Plummer: Moved by Perez. Seconded by...Dawkins. Read the ordinance
on the second and final reading. Motion understood on item 3? Call the
roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY CHANGING THE ZONING
CLASSIFICATION OF LOT 1, BLOCK 4, LESS THE
N 7.5' AND THE W 1/2 OF THE ROADWAY LYING
BETWEEN BLOCKS 4 AND 5 LESS THE N 7.5' THEREOF
AND LOT 16, BLOCK 5, LESS THE N 7.5' AND THE
E 1/2 OF THE ROADWAY LYING BETWEEN BLOCKS 4
AND 5 LESS THE N 7.5' THEREOF AND LOTS 14 AND
15 LESS THE N 7.5' THEREOF, BLOCK 5, PINE
TERRACE (3-51), ALSO DESCRIBED AS 2860-70-90
- 2900 SOUTHWEST 28 TERRACE, FROM R-4 (MEDIUM
DENSITY MULTIPLE DWELLING) TO R-C (RESIDENTIAL
OFFICE) RETAINING THE SPD-2 (COCONUT GROVE
OVERLAY DISTRICT); AND BY MAKING ALL THE
NECESSARY CHANGES IN THE ZONING DISTRICT MAP
MADE A PART OF SAID ORDINANCE NO. 6871, BY
REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
- it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Perez, seconded by Commissioner Dawkins, 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 Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9544
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.
61. DENY APPLICATION FOR CHANGE OF ZONING AT APPROXIMATELY 1831-41
S.W. 37TH AVENUE FROM R-1 TO C-2.
Mr.
Plummer: The next item is 31. Is the applicant present
on 31? Are
you
the applicant, sir, or representing the applicant?
Mr.
Simon Ferro: I am representing the applicant. My name
is Simon
Ferro.
I am an attorney at 7805 Coral Way, Suite 107.
Mr.
Plummer: Of the people who wish to object, how many of
you feel
that
you want to speak? I am showing three people who wish
to speak
A N 1.9 198.1
Mr. Plummer (CON'T): maybe four. Can each of you feel that you can make
your comments in three minutes? All right, to the applicant, sir, if
you will, this is -on first reading, an application by Hector Gonzalez
and L.J.L. Realty to change the zoning of 1831-41 S.W. 37th Avenue from
R-1 to C-2. The department recommended denial. The board recommended
denial. There were five objections in the mail; five opponents present;
four replies in the mail in favor and two proponents present at the
meeting. You have given your name and mailing address, air. If you
_
could take this microphone over here so we don't confuse the department.
All right, sir, if you will then make your presentation.
Mr. Ferro: Good evening, Mr. Vice Mayor, Mr. Mayor, members of the
Commission. I represent Mr. Hector Gonzalez, who is the owner of the
two lots that you see in yellow. I also represent L.J.L. Realty, who
is the owner of an 18 foot strip running across the north boundary of
the top lot. They also own the Riverside Memorial Chapel property.
Our application asked for a change to a C-2 Commercial Zoning classification.
—
However, I would like to state that we are not requesting a C-2 zoning
classification. Our real request is for an R-C and we are willing to
proffer restrictions encumbering the property. Let me explain that in
more detail. We do not have 200 feet of frontage that would allow us
to submit an independent application for R-C. Therefore, the only
way we could apply was to ask for the zoning classification that we
abut to, which is C-2, which is the Riverside Memorial Chapel. The
justifications for this application are several. First of all we
—
abut a C-2 zoning classification. We also front on Douglas Road, which
is one of the most travelled thoroughfares in Dade County. The reason
that we ask for R-C with restrictions is that applicant would like to
use those two lots for professional office use. In other words, attorneys,
accountants, doctors, and we are willing to and we would restrict the
use of the lots to R-C only and we would restrict the use of the lots
to improvements having only one story and only with residential character.
In other words, we are not going to change the appearance of the neighborhood.
We are not going to change the appearance of the structures already there.
-
There are two small houses there right now. Those houses would not be
demolished. They would not be changed.
Mr. Plummer: Sir, we would like for you to wrap it up. You have had
five minutes.
Mr. Ferro: We believe there is dire need for professional office space
within the City of Miami. We are near the heart of the commercial center
of the City of Coral Gables. We do not feel that R-C zoning on these
two lots together with the restrictions that I just mentioned would
harm the area in any way, in fact would probably better the area because
by having professional offices you would probably have better landscaping,
your would have improvements to the property continuing its residential
character. So, I urge that you approve the application.
Mr. Plummer: All right, sir, you will have a chance for rebuttal after
we have heard from the opponents. We ask you, please, to come up one
at a time. Take your three minutes. One thing we do ask is if you can,
-� please, do not be repetitious. If you have heard what you want said,
just say, "Fine, she speaks for me." Do you want the Administration to
be heard from before the objectors? Whatever you wish. Mr. Whipple.
Mr. Whipple: Mr. Plummer, Mayor, members of the Commission, the Planning
b*S
Department has recommended denial of this item for several reasons. As
you can note on the map, we feel this is an encroachment into the residential
area of very substantial, sound -planned residential community that exists
�.
with the name of Coral Gate. This would create a precedent for further
rezoning of the single family residences along 37th Avenue in this area.
Change was not in accord with our comprehensive plans. There is ample
d'
commercial zoning in this area to accomodate the needs of the neighborhood
and of the community. We feel that this change would adversely affect
the living conditions of the surrounding neighbors and neighborhood.
`.'
There has not been any change in conditions in the area which would
substantiate or justify the commercial zoning. I might add that the
s`
department is likewise opposed to office development. We are saying
there should be no commercialism at all. We would not recommend a
restriction that would allow the offices. We think it should be maintained
in single-family residences.
sl
111 JAN 131983
L
U
I
Mr. Plummer: Thank you, sir. Ma'am, if you would for the record, state
your name and mailing address and proceed. You have three minutes.
Ms. Beverly Green: Beverly Green, 1860 S.W. 36 Court. I don't know
whether you gentlemen have the transcripts of our previous meeting.
Mr. Plummer: Yes, ma'am, they are in our back-up material.
Ms. Green: O.K., if you have read them you have seen that when they
first presented their case, they were not honest about it. They are
not really being honest now too because he tells you doctors, accountants 10
office& and they just told us on the outside they want the beauty parlor,
which is what they originally tried to do. So they are still not being
a very well kept area. There is no way you could improve us because we
have seen to it that we have stayed up with the times and kept our homes
and property nice. You cannot better it. There is no place there to
park cars even though the gentleman has his whole back yard with asphalt
tile and he has the yellow lines to park, and he has for compact cars
which I understand is against the law, but which is still there. We
take great pride in our neighborhood. We are a very congenial neighborhood.
Once you allow them to put up beauty parlors there, it is going to start
gobbling up that whole block where there is absolutely no place even to
park cars. It is very congested. There are a lot of accidents on Douglas
Road. 1 can stay in my back yard and just about throw a ball to Douglas
Road, so there would never be ample space for parking which would also
be detrimental with ecology and everything else that goes around today.
If you give them a foothold, you will only ruin a beautiful area which
has been there for 34 years and which we take pride in and which we work
and strive to keep as is and where our children are safe to run around and
play, where I feel safe to walk in the night time to a corner and mail
a letter, which would all be taken away from us. I think that would be
very, very unfair because once it begins, it will go up the block. If
you read the transcripts, it was tried to be done behind a closed door
with nobody knowing it. I know the house in back of me. I'm sure it
isn't O.K. with you. I'm sure they didn't get an approval. They are
manufacturing cigars. I never brought it up or said anything, but
once this occurs, you see what is happening. It is being done behind a
tree without us being told or knowing what is going on. If you open
the door to this, you will just allow them to ruin and destroy a beautiful
area. Coral Gables became Coral Gables because of our area. Miracle Mile
was nothing until we people came out there. It would be very unjust and
unfair to us and to our children and to our grandchildren to take the
safety and protection and our pride in our neighborhood away from us
and allow them to do not what they say they are going to do, but what
they want to do and open the door to have more come in and create problems.
There are lots of business areas they can go and build in. Thank you.
Mayor Ferre: Thank you, ma'am. Next speaker.
112
JA N 13 i983
K
Ms. Anne Richmond: My name is Anne Richmond, 1870 S. W. 36th Court. I do
want to emphasize the change would not be in accord with adopted City Compre-
hensive Plan. The proposed change is out of scale with the needs of the City
since there was ample commercial zoning available - an encroachment of com-
mercial use in a residential district creating a precedent for further rezon-
ing of the single family residential strip. The change would adversely affect
the living conditions of the neighborhood. There are no changing conditions
in the area, which necessitate the passage of the proposed zoning change.
We just want to live in peace and tranquility. There is no dire emergency
for the change of the zoning classification from R-1, a one family dwelling,
to C-2, community commercial, and that is about it.
Mayor Ferre: Thank you. Next speaker. Are there any other speakers?
Ms. Edythe Sollenberger: Thank you, Gentlemen. The gentlemen from the City
has expressed my views and they have been reinforced by my neighbors and
thank you very much.
Mayor Ferre: Your name and address for the record, please.
Ms. Sollenberger: I am sorry. Edythe Sollenberger, 3651 S. W. 20th Street,
just off 37th Avenue. Thank you.
Mr. William Teller: My name is William Teller. I live at 3641 S. W. 20th
Street. I am one of the original buyers in the Coral Gate section. I lived
there for over 32 years and enjoyed it and am very proud of our neighborhood.
I have retired a year ago and am now free to go anywhere that I want to, but
I want to stay where I am, and the only way we are going to stay there is
by keeping up this neighborhood. If what they are planning to do occurs
right now, I think our neighborhood will go down and I wouldn't want to see
that. Thank you...in fact, my son and his wife and child just bought a house
in this same neighborhood, because we are so proud to live there. Thank you.
Mayor Ferre: Thank you. All right, on rebuttal.
Mr. Farrow: Thank you. I would like to comment on the statements made by
the first lady. We have tried to do nothing behind anybody's back. I think
she is misinformed. The applicant did state outside that originally he
would have wanted a beauty parlor there, but obviously that is not what we
are applying for and if you read the transcripts of the Zoning Board hearings
you will see that in fact, we have requested R-C uses and not commercial in
any higher category. I don't believe that a beauty parlor is allowed under
R-C. Again, a change to R-C with restrictions would not adversely affect the
neighborhood. In fact, we would even be willing to allow, if the danger or
the worry is that encroaching the commercial to the south, we would even be
willing to allow for some sort of strip of the southern lot to remain R-2,
so that the lot south to us would in fact, not abut and R-C zoning, so again,
we have been very out in the open about this. We have applied for C-2 be-
cause of the technicality in the City Code saying we have to apply for what
we abut to. All we want is R-C uses (professional uses) with restrictions
and the restrictions would say that we cannot ever go above one story in
height and that the structure on those two lots must retain its residential
_
appearance. We front on a very busy intersection. I believe that the fact
that we are next to a C-2 and that we do front on Douglas Road makes this a
_
good application and makes R-C uses very compatible with this area.
_
Mayor Ferre: All right - questions from the Commission? No questions?
--
Any statements? No statements, what is the will of the Commission?
Mr. Dawkins: I move that we uphold the recommendations of our Planning and
deny approval of this.
Mayor Ferre: Is there second to that motion?
Mr. Carollo: Second to that motion.
Mayor Ferre: Further discussion? Call the roll.
ld 113
JAN 13 1983
0
The following motion was introduced by Commissioner Dawkins, who moved
its adoption.
MOTION NO. 83-35
A MOTION UPHOLDING THE RECOMMENDATION OF THE PLANNING DE-
PARTMENT AND OF THE ZONING BOARD TO DENY AN APPLICATION
FOR CHANGE OF ZONING CLASSIFICATION AT APPROXIMATELY
1831-41 S. W. 37TH AVENUE, FROM RL TO C2.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by.the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Demetrio Perez, Jr.
ABSENT: None
■
ON ROLL CALL:
Mr. Plummer: I don't see any alternative, as I spoke before. Whenever pos-
sible I would like to try and help people in business. In this particular
case I just don't see any alternative. It is purely residential even though
it abuts on a very busy thoroughfare. I just don't see any way that we can
be a help in this particular case. I have to vote with the motion.
62. SECOND READING ORDINANCE: CHANGE ZONING AT 100-174 N.W. 9TH ST.,
800-898 N.W. 1ST AVENUE, AND 101-175 N.W. 8TH STREET, FROM C-5
TO R-4.
Mayor Ferre: Take up Item Number 7. Is there anybody here on Item Number 7?
Ms. Bernice Sawyer: I am Bernice Sawyer, 160 N. W. 7th Street.
Mr. Plummer: All right Ma'am, go ahead. Are you for, are you the applicant or
are you against?
Ms. Sawyer: Well, we seek clarification as to what is going to be done there
and you said it was going to be rezoned. We just want to find out, rezoned
for what?
Mr. Richard Whipple: Very briefly, the rezoning is from a liberal commercial
to a residential R-4 classification to allow some form of housing. That par-
ticular form is not decided at this time, but this zoning would allow the
project to be developed for housing.
Ms. Sawyer: Thank you.
Mr. Dawkins% Affordable housing, or what kind of housing?
Mr. Whipple: As I indicated, Commissioner, that has not been decided yet.
That is an issue that will...
Mayor Ferre: Are these the seventy-five units that Mel Adams wants to
put up?
Mr. Whipple: Not to my knowledge.
Mr. Jim Reid: No, Mr. Mayor, they are not.
Mr. Plummer: Well, you know at that address it is not luxury condominiums.
Mr. Whipple: The locational aspects are primarily that it will be adjacent
to a rapid transit station.
1d 114
JAN 13 1983
0
Mayor Ferre: Let me ask you a question. Did the property owners agree with
this?
Mr. Whipple: This property is under the ownership of Metropolitan Dade County.
Mayor Ferre: Do they agree with you?
Mrs. Sawyer: The property that we are referring to belongs to us.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mrs. Sawyett: I will ask - Bill do you want...(INAUDIBLE, OFF MICROPHONE)
Mr. Whipple: I believe there is...
Mrs. Sawyer: My husband said "yes".
Mr. Whipple: I believe there is a mistake here. All the property under this
application is owned by Metropolitan Dade County. I believe this lady might
lie adjacent around the property. If I could have the location, we could take
a quick look.
Mayor Ferre: By this yellow line - this is 9th Street and what?
Mr. Whipple: 8th and 9th, 1st Avenue - almost to 2nd Avenue, N.W.
Mr. Reid: This property is all publicly owned.
Mrs. Sawyer: The property on 2nd Avenue and 8th Street, N.W., on the corner...
Mr. Reid: No, not on 2nd Avenue. It doesn't go through to 2nd Avenue.
Mr. Whipple: The zoning stops. This is the rear of the property that fronts
on 2nd Avenue.
Mr. Reid: It doesn't affect property that faces on 2nd Avenue. This is all
publicly owned property.
Mayor Ferre: Mr. Reid, are you sure this was carefully thought out and this
is really what we want?
Mr. Reid: Mr. Mayor, this is...
Mayor Ferre: You are going to have a railroad station there a block away,
right? Or right across from it?
Mr. Reid: Mr. Mayor, the current zoning is liberal commercial. This zoning
is part of the Overtown Transit Plan and it is our intention to put housing
on this block.
Mayor Ferre: What if somebody comes up two or three years from now and some-
thing is going to happen and they want to put up a hotel here, or they want
to put up a shop or something - I don't know.
Mr. Reid: Well, if there is sufficient justification for the rezoning, I am
sure we will be the first to support it.
Mayor Ferre: We will come back and rezone it again, is that it?
Mr. Reid: Yes, Mr. Mayor.
Mr. Dawkins: That is my problem with sticking housing in the Overtown area. Now,
you people are not thinking nothing about developing businesses - when every -
time I look, it is housing, always housing. It is never done on any property
that is available for any Black, any minority who wishes to develop it, and now
you come and tell me you want to put housing on it.
Mr. Reid: Commissioner Dawkins, two points. Number one is that there are
four blocks immediately to the south of this that are available for mixed use
commercial development - exactly the type you are talking about. Number two,
you, Mr. Commissioner, have said that we should not be relocating people
id 115 'VAN 13 1yt�
a
lJ
without providing opportunities for housing, so this is an attempt to meet
that.
Mr. Dawkins: But I asked if it was for affordable housing, low income housing
or housing for the elderly.
Mr. Reid: What I am saying Commissioner, is that we are trying to have Over -
town, like other areas of downtown be a balanced community in terms of resi-
dential and office development. This particular block we feel is best for
housing.
Mr. Dawkins: What kind of housing?
Mr. Reid: It would probably be housing available to moderate income families,
working families.
Mr. Dawkins: You are talking about affordable housing.
Mr. Reid: I am talking about working families.
Mr. Dawkins% You are not talking about lower rent subsidy housing?
Mr. Reid: No, we are not, sir.
Mr. Dawkins: I want to be sure we spell that out.
Mr. Reid: We are not talking about low rent subsidy housing.
Mr. Dawkins% Are you talking about townhouses?
Mr. Reid: Affordable housing. Yes, Mr. Dawkins.
Mr. Dawkins: Thank you.
Mr. Plummer: All right, what is to be with Item Number 7? Is anyone wishing
further to speak on Item Number 7? All right, what is the wish of this
Commission?
Mr. Dawkins: Move it.
Mr. Plummer: Move to approve by Commissioner Dawkins. Seconded by Commissioner
Perez. Read the ordinance. This is on second reading.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, FLORIDA, BY CHANGING
THE ZONING CLASSIFICATION OF THE AREAS
LOCATED APPROXIMATELY AT 100-174 NORTHWEST
9TH STREET, 800-898 NORTHWEST 1ST AVENUE AND
101-175 NORTHWEST 8TH STREET, ALSO
COLLECTIVELY DESCRIBED AS TRACT "A",
TENTATIVE PLAT 41182, "DORSEY HEIGHTS", FROM
C-5 (LIBERAL COMMERCIAL) TO R-4 (MEDIUM
DENSITY MULTIPLE)= AND BY MAKING ALL THE
NECESSARY CHANGES IN THE ZONING DISTRICT MAP
MADE A PART OF SAID ORDINANCE NO. 6871, BY
REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2, THEREOF= BY REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS THEREOF
IN CONFLICT AND CONTAINING A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Perez,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
Id
0
E
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
s
NOES: None.
ABSENT: Mayor Maurice A. Ferre
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9545.
s
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.
63. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF APPEAL BY PLANNING
DEPARTMENT OF VARIANCE GRANTED TO PERMIT LIQUOR LICENSE AT
5249 S.W. 8TH STREET.
Mr. Plummer: Let's take up Item Number 37. Is the applicant present on
Item Number 37? This is an appeal by the Planning Department of the variance
granted to permit the establishment of a liquor license at 5249 S. W. 8th
Street. Are you the owner of that property, air? Are you the owner of the
liquor license at 5249 S. W. 8th Street?
UNIDENTIFIED SPEAKER: Yes, sir.
Mr. Plummer: Are you represented by counsel?
MUKDENT. SPEAKER.: Yes, sir. Counsel just appeared. I apologize for being late. _
Mr. Plummer: Counsel disappeared. All right. Is there anyone else here
wishing to speak on Item Number 37? You wish to speak sir. All right, sir.
Since this is an application of the Department, they will speak first. You
will speak second and they will have rebuttal. They are the applicants.
May I have please, for the record the name of this establishment and the owner.
Mr. Henry Amoon: The name of the establishment is the Patio Lounge. The owner
is Onix Liquor Corporation, a Florida corporation.
Mr. Plummer: Patio Lounge?
Mr. Amoon: The Patio Lounge.
Mr. Plummer: All right sir, and the owner of record?
Mr. Amoon: Onix - O-N-I-X Liquor Corporation, a Florida corporation.
Mr. Plummer: Sir, under our new statutes of full disclosure, you must give
us the principals of that corporation.
Mr. Amoon: The principal is Gabriel Fernandez and Jorge Moya. They are
the sole st)ckholders and sole owners.
Mr. Plummer: All right, sir. The Planning Department is asking for a full
board. Sir, this matter will be held in abeyance until we receive a full board.
I know, this is just as exasperating for us as it is for you, sir.
ld 117
WAN 131983
64. SECOND READING ORDINANCE: CHANGE ZONING AT 581 N. E. 62ND STREET
FROM RO-3/6 TO CR-2/7 IN NEW OFFICIAL ZONING ATLAS OF NEW ZONING
ORDINANCE (EFFECTIVE APRIL 69 1983).
e
Mr. Plummer: We will take up Item Number 5. This is an application of the
Planning Department. Is there anyone here wishing to speak on Item Number 5.
This is a second reading. Does the Department wish to add any further infor-
mation? -
Mr. Whipple: No, sir.
Mayor Ferre: I will move it.
Mr. Plummer: Moved by Ferre. Seconded by Perez. Call the roll.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(EFFECTIVE APRIL 6, 1983), THE NEW ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY CHANGING THE ZONING CLASSIFICATION OF
THE AREA LOCATED APPROXIMATELY AT 581
NORTHEAST 62ND STREET, ALSO DESCRIBED AS
LOT 16, BLOCK 10, NORTHGATE (8-88), FROM
RO-3/6 (RESIDENTIAL —OFFICE) TO CR-2/7
(COMMERCIAL — RESIDENTIAL COMMUNITY);
AND BY MAKING ALL NECESSARY CHANGES IN
THE ZONING ATLAS MADE A PART OF SAID
ORDINANCE NO. 9500, BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; BY REPEALING ALL ORDINANCES,
CODE SECTIONS, OR PARTS THEREOF IN CON—
FLICT AND CONTAINING A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Mayor Ferre, seconded by Commissioner Perez,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9546
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.
ld 118
-JAN 131983
0 0
65. SECOND READING ORDINANCE: CHANGE ZONING IN AREA BOUNDED BY
N. W. 3RD COURT, N. W. 5TH A=E AND N. W. 22ND STREET FROH
CG-2/7 AND RG-2/5 TO I-I/7 IN NEW OFFICIAL ZONING ATLAS.
Mr. Plummer: Item Number 6. It is an ordinance on second reading - a Plan-
ning Department application.
Mayor Ferre: Move it.
Mr. Plummer: Moved by Ferre. Second by Perez.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(EFFECTIVE APRIL 6, 1983), THE NEW ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY CHANGING THE ZONING CLASSIFICATION OF
THE AREA APPROXIMATELY BOUNDED BY NORTH—
WEST 3RD COURT, A LINE 86' + NORTH OF AND
PARALLEL TO NORTHWEST 22ND LANE, NORTH—
WEST STE AVENUE AND NORTHWEST 22ND
STREET, ALSO DESCRIBED AS THE WEST 5' OF
LOT 221 BLOCK 1, AND ALL OF BLOCKS 2 AND
3, AND LOT Ill, BLOCK 4, WEAVER FIRST
ADDITION (UNRECORDED PLAT), AND LOT 11,
BLOCK 1, AND BLOCKS 2 AND 3 WEAVER SUB—
DIVISION (6-31), AND BLOCKS C AND D, J.
A. DAMNS SECOND ADDITION (3-25), FROM
CG-2/7 (GENERAL COMMERCIAL) AND RG-2/5
(GENERAL RESIDENTIAL) TO I-1/7 (LIGHT
INDUSTRIAL), ALL AS PER TENTATIVE PLAT
#1152—A, 'MIAMI FASHION CENTER SECTION
lf" AND BY MAKING ALL THE NECESSARY
CHANGES IN THE ZONING ATLAS MADE A PART
OF SAID ORDINANCE NO. 9500, BY REFERENCE
AND DESCRIPTION IN ARTICLE 3, SECTION
3001 THEREOF, BY REPEALING ALL ORDI—
NANCES, CODE SECTIONS, OR PARTS THEREOF
IN CONFLICT AND CONTAINING A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Mayor Ferre, seconded by Commissioner Perez,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Comaissioner Miller J. Dawkins.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9547.
-` 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.
119
';JAN l 31983
ld
Ll
66. SECOND READING ORDINANCE: CHANGE ZONING AT 100-174 N.W. 9TH
STREET, 800-393 N. W. 1ST AVENUE, AND 101-175 N.W. 8TH STREET,
FROM CR-3/7 TO RG-3/6 IN NEW OFFICIAL ZONING ATLAS.
Mr. Plummer: Item Number 8 - an ordinance second reading - Planning Department.
This is approximately 100-174 N. W. 9th Street. This relates to Item Number 7.
•
Mr. Carollo: Moved.
�
Mr. Plummer: Moved by Carollo. Seconded by Perez. Read the ordinance.
e
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO.
95009(EFFECTIVE APRIL 6, 1983), THE ZONING
ORDINANCE FOR THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION OF THE
AREAS LOCATED APPROXIMATELY AT 100-174
NORTHWEST 9TH STREET, 800-898 NORTHWEST 1ST
AVENUE AND 101-175 NORTHWEST 8TH STREET, ALSO
COLLECTIVELY DESCRIBED AS TRACT We
TENTATIVE PLAT #1162, "DORSEY HEIGHTS"r FROM
CR-3/7 (COMMERCIAL RESIDENTIAL) TO RG-3/6
(GENERAL RESIDENTIAL)= AND BY MAKING ALL THE
NECESSARY CHANGES IN THE ZONING ATLAS MADE A
PART OF SAID ORDINANCE NO. 9500, BY REFERENCE
AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF= BY REPEALING ALL ORDINANCES, CODE
SECTIONSp OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
—
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Carollo, seconded by Commissioner Perez,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9548.
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.
67. APPLICATION BY METROPOLITAN DADE COUNTY FOR VACATION/CLOSURE OF
PORTION OF N.W. 1ST COURT BOUNDED BY N.W. 8TH AND 9TH STREETS AND(
N.W. 1ST AVENUE AND N.W. 1ST COURT (T.P.#1182 "DORSEY HEIGHTS")
•,1
Mr. Plummer: Item Number 9 I will move for continuance.
Mr. Reid: Commissioner Plummer.
Mr. Plummer: Yes, sir?
ld 120 "JAN 131983
9
4)
0101
Mr. Reid: This item, even though it is an application by Metropolitan Dade
County, and we are referring many other County items for information, was
initiated by the request of the City of Miami. This is a street closure re-
lating to Item 7 and 8 above, so it is in a little different category.
Mr. Plummer: I will withdraw my motion. Is there a motion to approve Item
Number 9?
Mr. Carollo: Moved.
Mr. Plummer: Moved by Carollo.
Mr. Perez; Second.
Mr. Plummer: Seconded by Perez. Anyone wishing to discuss Item Number 9?
This is a resolution by Metropolitan Dade County for the vacation/closure of
a portion of N. W. 1st Court, lying south of the right-of-way line, N.W.
9th Street. Call the roll on Item 9.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 83-36
A RESOLUTION CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBLIC USE OF THAT
PORTION OF NORTHWEST 1 COURT LYING SOUTH OF
THE SOUTH RIGHT-OF-WAY LINE OF NORTHWEST 9
STREET AND NORTH OF THE NORTH RIGHT-OF-WAY
LINE OF NORTHWEST 8 STREET FOR A DISTANCE
OF +300.9 '' AND THAT N-S ALLEY LOCATED WITH-
IN THE BLOCK BOUNDED BY NORTHWEST 8 AND 9
STREETS AND NORTHWEST 1 AVENUE AND 1 COURT,
FOR A DISTANCE OF + 300.9'; AS A CONDITION
OF APPROVAL OF TENTATIVE PLAT NO. 11829
"DORSEY HEIGHTS."
(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
68. SECOND READING ORDINANCE: AMEND 6871, ARTICLE III, SECTION 1 -
ADD HC-1 HERITAGE CONSERVATION DISTRICT) AFTER SPD-7 (COCONUT
GROVE SPECIAL CONSERVATION OVERLAY DISTRICT, ETC., - PROVIDE d
FOR INTENT, EFFECT, AND REQUIREMENTS FOR CERTIFICATES OF
APPROPRIATENESS.
Mr. Plummer: Item Number 10 is the second reading - the Planning Department
for Section 1, of HC-1 overlay district. Is there anyone wishing to speak on
Item Number 10? Moved by Ferre, seconded by Dawkins. Is there any further
discussion? Read the ordinance.
121
JAN131983
lb
AN ORDINANCE ENTITLED
6
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY AMENDING ARTICLE
III - 20NING DISTRICTS, SECTION 1-CLASSES AND
SYMBOLS, BY ADDING "HC-12 GENERAL USE
HERITAGE CONSERVATION OVERLY DISTRICT AFTER
SPD— COCONUT GROVE SPECIAL CONSERVATION
OVERLAY DISTRICT", FURTHER,BY ADDING A NEW
*%"mvne v vvT_t n I t1r-1 1 r_rmrnnt. tier aralTnGr
=INTENT, EFFECT, AND REQUIREMENTS FOR CERTIFI—
CATES OF APPROPRIATENESS BY HARING THE
NECESSARY CHANGES IN THE ZONING DISTRICT MAP
MADE A PART OF SAID ORDINANCE NO. 6871 BY
REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2, THEREOF; AND BY REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY
CLAUSE.
0
t
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Mayor Ferre, seconded by Commissioner Dawkins,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9549.
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.
69. SECOND READING ORDINANCE: ADD NEW SECTION 1610 (H"HC-1 GEN. USE
HERITAGE CONSERVATION OVERLAY DISTRICT") TO NEW ZONING ORDINANCE.
Mr. Plummer: Item Number 11 is a companion and it relates to Section 1610.
Mayor Ferre:
Mr. Plummer: Moved by Ferre. Seconded by Dawkins. Anyone wishing to speak
on Item Number 11? Read the ordinance for second reading.
JAN131963
0
AN ORDINANCE ENTITLED
u
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(EFFECTIVE APRIL 6, 1983), THE NEW ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 16 OF SAID ORDINANCE
ENTITLED "HCe. HERITAGE CONSERVATION
bISTRICTSj' MORE PARTICULARLY BY ADDING A NEW
'SECTION 1610. HC-1t GENERAL USE HERITAGR
INTENT, EFFECT, AND REQUIREMENTS FOR
:CERTIFICATES OF APPROPRIATENESS; AND BY
=HARING ALL THE NECESSARY CHANGES IN THE
-ZONING ATLAS MADE A PART OF SAID ORDINANCE
NO. 9500, BY REFERENCE AND DESCRIPTION IN
ARTICLE 3, SECTION 300, THEREOF; BY REPEALING
ALL ORDINANCES, CODE SECTIONS, OR PARTS
THEREOF IN CONFLICT AND CONTAINING A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was takEn up for its second and final reading by title and adoption.
On motion of Mayor Ferre, seconded by Commissioner Dawkins,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9550.
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.
70. SECOND READING ORDINANCE: APPLY PROPOSED HERITAGE CONSERVATION 1'1
OVERLAY DISTRICT TO PROPERTY AT 2985 SOUTH BAYSHORE DRIVE.,
(HOUSEKEEPER'S CLUB).
Mr. Plummer: Item Number 12, second reading applies HC-1 to the Housekeeper's
_ Club on Bayshore Drive.
Mayor Ferre: Move it.
Mr. Plummer: Moved by Ferre, seconded by Dawkins. Anyone wishing to discuss
Item Number 12? Read the ordinance.
1:
AN ORDINANCE ENTITLED
P'
AN ORDINANCE AMENDING ORDINANCE NO.'68711 AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY APPLYING THE HC-le,,
GENERAL USE HERITAGE CONSERVATION OVERLAY
DISTRICT TO *THE HOUSEKEEPERS CLUB OF COCONUT
GROVE,' 2985 SOUTH BAYSHORE DRIVE (MORE
PARTICULARLY DESCRIBED HEREIN); MAKING
FINDINGS; AND BY .MAKING ALL THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE A
PART OF SAID ORDINANCE NO. 6871, BY REFERENCE
A AND DESCRIPTION IN ARTICLE III, SECTION 2,
THEREOF; BY REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
W
23 JA N 131983
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Mayor Ferre, seconded by Commissioner Dawkins,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins =_
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
_Yice-Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9551
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.
71. SECOND READING ORDINANCE: ADD PROPOSED HERITAGE CONSERVATION
OVERLAY DISTRICT TO NEW OFFICIAL ZONING ATLAS (PROPERTY LOCATED
AT 2985 SOUTH BAYSHORE DRIVE (HOUSEKEEPER'S CLUB).
Mr. Plummer: Item Number 13 is a companion. Moved by Ferre, seconded by
Dawkins. Anyone wishing to discuss Item 13? Read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(EFFECTIVE APRIL 6, 1983), THE NEW ZONING
ORDINANCE FOR THE CITY OF MIAMIr FLORIDA, BY
APPLYING THE HC-1: GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO 'THE
HOUSEKEEPERS CLUB OF COCONUT GROVE,' 2985
SOUTH BAYSHORE DRIVE (MORE PARTICULARLY
DESCRIBED HEREIN)= MAKING FINDINGS= AND BY
MAKING ALL THE NECESSARY CHANGES IN THE
ZONING ATLAS MADE A PART OF SAID ORDINANCE
NO. 95001 BY REFERENCE AND DESCRIPTION IN
ARTICLE 3, SECTION 300, THEREOF; BY REPEALING
ALL ORDINANCES, CODE SECTIONSt, OR PARTS
THEREOF IN CONFLICT AND CONTAINING A SEVERA—
BILITY CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Mayor Ferre, seconded by Commissioner Dawkins,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9552.
ld 1.24 dAN 13 1983
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.
ss�
22. SECOND READING ORDINANCE: APPLY PROPOSED HC-1 (HERITAGE CONSER-
VATION DISTRICT) TO PROPERTY AT 3500 PAN AMERICAN DRIVE.
Mr. Plummer: Item Number 14 applies to the City Hall.:
Mayor Ferre: Move it.
Mr. Plummer: Moved by Ferre, seconded by Dawkins. Anyone wishing to discuss
Item 147 Read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY APPLYING THE HC-1:
GENERAL USE HERITAGE CONSERVATION OVERLAY
DISTRICT TO THE 'PAN AMERICAN TERMINAL
BUILDING', ALSO KNOWN AS MIAMI CITY BALL,
3500 PAN AMERICAN DRIVE (MORE PARTICULARLY
DESCRIBED HEREIN)= MAKING FINDINGS= PROVIDING
FOR INTERIOR MODIFICATION REVIEW PROCEDURES;
AND BY MAKING ALL THE NECESSARY CHANGES IN
THE ZONING DISTRICT MAP MADE A PART OF SAID
ORDINANCE NO. 6871, BY REFERENCE AND
DESCRIPTION IN ARTICLE III, SECTION 2,
THEREOF; BY REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Mayor Ferre, seconded by Commissioner Dawkins,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
_ Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9553.
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.
125
ld JAN 131983
ld
73. SECOND READING ORDINANCE: ADD PROPOSED HC-1 (GENERAL USE HERITAGE
CONSERVATION DISTRICT) TO NEW OFFICIAL ZONING ATLAS TO PROPERTY
LOCATED AT 3500 PAN AMERICAN DRIVE.
s:
Mr. Plummer: Item Number 15 is a companion for second reading for the same
City Hall._
Mayor Ferrer: Move it.
Mr. Plummer: Moved by Ferre. Seconded by Dawkins. Anyone wishing to speak
on Item 15? Read the ordinance.
AN ORDINANCE ENTITLED f
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(EFFECTIVE APRIL 6, 1983), THE NEW ZONING
ORDINANCE FOR THE CITY OF MIAMI, FLORIDA, BY
APPLYING THE HC-1: GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO THE "PAN
AMERICAN TERMINAL BUILDING: ALSO KNOWN AS
MIAMI CITY HALL, 3500 PAN AMERICAN DRIVE,
(MORE PARTICULARLY DESCRIBED HEREIN); MAKING
FINDINGS= PROVIDING FOR INTERIOR MODIFICATION
REVIEW PROCEDURES; AND BY MAKING ALL THE
NECESSARY CHANGES IN THE ZONING ATLAS MADE A
PART OF SAID ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; BY REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Mayor Ferre, seconded by Commissioner Dawkins,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None. _
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9554.
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.
74. SECOND READING ORDINANCE: APPLY HC-1 (GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT) TO PROPERTY AT 600 BISCAYNE
BOULEVARD (FREEDOM TOWER).
Mr.*Plummer: Item Number 16 applies it to the Freedom Tower. Moved by Ferre,
seconded by Dawkins. Anyone wishing to speak to Item 16? Read the ordinance.
126
JAN 131983
0
AN ORDINANCE ENTITLED
1-7
AN ORDINANCE AMENDING ORDINANCE NO, 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY APPLYING THE HC-1s
GENERAL USE HERITAGE CONSERVATION OVERLAY
DISTRICT TO "FREEDOM TOWER", 600 BISCAYNE
BOULEVARD (MORE PARTICULARLY DESCRIBED
HEREIN)o RARING FINDINGS= AND BY MAKING ALL
THE NECESSARY CHANGES IN TAE ZONING DISTRICT
MAP MADE A PART OF SAID ORDINANCE NO. 6871,
.BY REFERENCE AND DESCRIPTION IN ARTICLE III,
.—SECTION 2, THEREOF= BY REPEALING ALL ORDI—
..NANCES, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Mayor Ferre, seconded by Commissioner Dawkins,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9555.
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.
75. SECOND READING ORDINANCE: ADD HC-1 (GENERAL USE HERITAGE CON-
SERVATION OVERLAY DISTRICT) TO NEW OFFICIAL ZONING ATLAS TO
PROPERTY LOCATED AT 600 BISCAYNE BOULEVARD (FREEDOM TOWER).
Mr. Plummer: Item Number 17 is an a companion. Moved by Ferre, seconded by
Dawkins. Anyone wishing to speak to Item 17? Read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(EFFECTIVE APRIL 6, 1983), THE NEW ZONING
ORDINANCE FOR THE CITY OF MIAMI, FLORIDA, BY
APPLYING THE BC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO "FREEDOM
TOWER", 600 BISCAYNE BOULEVARD (MORE
PARTICULARLY DESCRIBED HEREIN)= MAKING
FINDINGS: AND BY MAKING ALL THE NECESSARY
CHANGES IN THE ZONING ATLAS MADE A PART OF
SAID ORDINANCE NO. 9500, BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF= BY REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Mayor Ferre, seconded by Commissioner Dawkins,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
ld 21 AN 13 19800
ld
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissione Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9556.
s
The City Attorney read the ordiance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
76. NO ACTION TAKEN BY CITY COMMISSION ON APPEAL BY PLANNING DEPART-
MENT OF VARIANCE GRANTED TO PERMIT ESTABLISHMENT OF A LIQUOR
LICENSE AT 5249 S.W. 8TH STREET. (APPEAL FAILS).
Mr. Plummer: We are now jumped to Item Number 37, since we have a full board.
Item 37, that is the liquor license of the Patio Lounge on S. W. 8th Street.
This is an appeal by the Planning Department in which it was granted by the
Planning Board. They are a -pealing that decision. The Planning Department
recommended denial. The Zoning Board granted it on a six to one. The Patio
Lounge is owned by the Onix Liquor Corporation. The principals are Gabriel
Fernandez and Jorge Moya. Under the rules of procedure, the Planning Depart-
ment being the applicant, they will speak first. You will respond and they
will have rebuttal and if there are any objectors, they will have the right
to speak. Mr. Whipple, representing the Planning Department - proceed.
Mr. Richard Whipple: The Planning Department appealed this item for two
basic reasons. The first I would like to mention is that ordinarily (not
ordinarily) it is a fact that if the Zoning Board approves an item, be it a
distance variance such as this one and it is not appealed by someone, it
does not come to this Commission. Historically, liquor license variances have
usually come to the City Commission one way or the other - the majority under
appeal by private citizens or appeal of the Zoning Board's denial. We feel
that the City Commission should be part of this type of decision and that is
the first basis on which we have brought the appeal to the Commission.
Secondly, we recommended denial, because we do not feel that there is a hard-
ship, which justifies the granting of this variance. The display I have put
before you, although small in scale, indicates the subject property in a
round open red circle and you will notice two or three or four other smaller
red circles, which either represent other bars, or other package stores which
contain a similar type liquor license. The other two colors, blue and green
represent establishments that deal with beer and/or wine, either in the form of a
lounge type beer and wine establishment, the selling of beer and wine in an
ordinary store, or the selling of beer and wine in conjunction with a restaurant
operation. In essence we suggesting we believe that this community and this
area has sufficient facilities to serve the community and on that basis there
is no justification for granting a variance for the distance requirement to
locate another lounge in the area. For those reasons we have recommended the
denial and bring this appeal to you.
Mr. Henry Amoon: I don't believe I have stated my name. My name is Henry
Amoon of the firm of Manners, Amoon, Wahtley & Tucker, appearing on behalf of
the appellee in this particular case - Onix Liquor Corporation. Gentlemen,
what we have asked the City to do on behalf of my client, is not to request a
zoning change; not to request a variance in parking requirements - we are ask-
ing for a variance of a distance requirement. Now, I ask all of you to con-
sider the fact that the north side of S. W. 8th Street is and has been for
many years gone completely commercial. I believe that the Mayor himself at
one point in a previous matter concerning this, confirmed that. It is not a
residential area. We are 1,550 feet from an establishment called the Club
49. We should be, by the ordiance, 2,500 feet. Now, when a person asks for a
19.08
JAN 131983
W
variance, they are asking the City to change a basic requirement, so I have to
ask myself on behalf of the applicant why would the City not want to change a
basic requirement? Why would they hold us to the requirement of 2,500 feet
and what argument could I give them and allowing them to grant the variance,
which of course, the City Council has the right and the prerogative to do?
In searching my mind, I can only say that, first of all, the use of this
establishment as a lounge has been for many, many years. However, there li-
cense was only for a beer and wine lounge. But it is a lounge and it pre-
existed Club 49. Because of the change in the community, the commercial area
and what not, it is almost impossible for a beer and wine lounge in that area
to survive and be able to compete with an establishment 1,550 feet away and
other establishments 2,500, 3,500 feet away without a liquor license. So
then I asked myself, is there anything offensive about a liquor license per se?
I mean, if a man is determined to get drunk, he can certainly do it on beer
and wine, so what would be the City's argument or opposition to a liquor
establishment? I searched my mind, and I feel they must concern themselves,
and I believe each one of you must concern yourself with what type of an
operation would go in a place like this. I don't think, and although it is
legal, I don't think the City would like to see another girlie joint in this
particular establishment. I think that would be offensive because they are
offensive to many people, although lawful. I questioned my client. I said
"Do you intend to have anything of this sort?" Absolutely not! He voluntari-
ly covenanted with the City, unsolicited by the City to have no live enter-
tainment in this establishment, so therefor, what the applicant is asking
for is to allow a use that has been there for many years, a beer and wine
lounge, a history that is unblemished - no police problems, no beverage de-
partment problems, no neighborhood problems, no noise problems, no traffic
problems - allow them to extend their use to include the sale of alcoholic
beverages of a spirited nature. So I say to myself, are we asking something
so monumental from the City? unfortunately, and I submit this is not a valid
reason for a variance, unfortunately my client put the cart before the horse
and took the remainder of his life savings and bought a liquor license,
thinking there would be no problem in putting it in this establishment. He
has had that liquor license two years now, trying to get the City's approval
to move it into here. Again, unsolicited by the applicant, he has agreed to
to have no live entertainment in this establishment. It is a neighborhood
type lounge which has never had a problem with the City police or the State
Beverage Department or any other law enforcement agency, so you have a his-
tory of a clean establishment and by the unsolicited covenant, the City can
be assured that there will be no offensive entertainment in the establishment.
Gentlemen, 1,550 feet away is not next door. The neighborhood is exceedingly
commercial. Your own Zoning Board saw fit to allow this by a vote of six to
one. I ask the City to grant this man the opportunity to continue to sur-
vive in this commercial area. Give them a chance to compete. To deny him
this variance is only to enhance his competitors and I think that is the
purpose of variances. I ask you to so consider it. Thank you.
Mr. Plummer: Thank you, Mr. Amoon. Do you want to speak, sir? All right
sir, would you like to come up here? Give us your name and mailing address
and proceed. Is there anyone else who wishes to speak?
Mr. Ted Nester: My name is Ted Nester and I live diagonally across from
this bar and I am against granting these people a liquor license for several
reasons. First of all, the location. Now, right across the street from this
liquor bar, on the same side, not more than fifty feet there is a convalescent
—
home and there are old people living in this convalescent home and I am sure
they don't want to be disturbed by a liquor bar that is no more than fifty
_=
.��
feet awn and not only that about one block to the east is a hospital on the
Y Y . P
other side of the street. So, we have that type of commercial property ad-
jacent to this bar. And also, speaking about noise, now I live diagonally
across the street from this place. On several occasions we have had police
cars out there because of the noise and we personally had to move from our
4
bedroom to our family room because we couldn't take the noise. Now also
parking, P P very p g, that is another problem. The asking over there is ve limited.
They have little parking in the back, I believe, if I remember correctly and
=P
on busy nights we have had these people come across the street to the Gables,
slamming their doors, people who were intoxicated, making all kinds of noise
right in Coral Gables, in a residential section. So there are my objections.
I think that place should not be granted a liquor license. It has got no
°"
business being in that location.
ld 129
rdAN 131983
E
0
Mr. Plummer: Thank you, sir. I will give Mr. Amoon the opportunity if you
wish to rebut that before I go back to the applicant.
Mr. Amoon: Mr. Plummer, I represented to this particular Commission that
this establishment has never had a complaint from any police department. I
took it upon myself to search the beverage records, spoke to Captain Harris.
There has never been a complaint concerning this particular establishment.
Admittedly, there is a convalescent home on the Gables side of S. W. 8th
Street. I deny that there is a parking problem. I ask you to look at the
sketch that has been submitted with this application. This particular beer
and wine liar is surrounded by parking, parking that is off-street: There is
no requir€ment for us to have any additional parking and my client tells me
that ... th-fs establishment isn't that big. The dimensions are in the appli-
cation. I believe they are twenty feet by forty some odd feet. This is not
a night club, Gentlemen. It is a small, tiny store that has been a beer and
wine bar, a lounge for many years and I would like to submit this, and please
don't misinterpret it. You know, right now my client has the right to put
live entertainment in there. Unfortunately, he can only serve beer and
wine. Now, I submit if he were to take it upon himself to enchance his
business by putting live entertainment in here, and I submit, if he were to
do it, he could go to the extent of putting in girlie shows. He doesn't want
to do it, but has that lawful right. What would create a bigger traffic
problem? What would create a more offensive problem to the neighborhood?
A beer and wine bar that is going wide open with dancing girls, or a liquor
bar that has covenanted with the City to have no live entertainment and has
never had a problem? I ask you to answer that question, Gentlemen.
Mr. Plummer: Mr. Whipple, would you like to address yourself to the girlie
shows?
Mr. Whipple: Commissioner Plummer, that is a suggested hammer, or what have
you, but I think the basic point is - the only additional comment that the
Department would make is that there were other neighbors as indicated in one
of the letters in your file that had objections that obviously aren't here.
Again, we find no justification for this variance in the form of a hardship.
The application points out that we have etablishment 1,550 feet away, another
2,130 feet away - 2,500 feet required, and we just find no justification for
this variance and additional type use in this area.
Mr. Amoon: May I make just a one second response to that?
Mr. Plummer: We will hold you to that.
Mr. Amoon: There have been, I am told, in all the hearings I have attended
concerning this matter, a total of two people who objected. One I believe is
this gentlemen that just spoke and another one who is not here tonight. I
have submitted to the City and it is part of my application, I believe over
one hundred eighteen people who have joined in the granting of this. I
_— don't think they should be totally disregarded. Again, what I am asking is
not monumental. It is so easy for the City to give me this. It is not
detrimental to the City. It is not detrimental to the neighborhood and it
=` gives a citizen in this City, a businessman in this City an opportunity to
compete and survive.
Mr. Plummer: Mr. Amoon, the record reflects that twenty-two proponents were
present at the meeting. It doesn't show that there were any objectors at
the meeting. That is the record. I am not arguing, okay? We will close
the public hearing at this time and ask for discussion among the Commissioners
or questions. Commissioner Perez.
} Mr. Perez: Mr. Mayor, I would like to share the original zoning board recom-
mendation and I would like to move the approval...
Mr. Plummer: No, no. Whoa! If you wish to uphold the Planning Board, there
is no action correct?
,.1.. Mr. Whipple: That is one way to do 1t, yes, air.
Mr. Plummer: The Planning Board has recommended approval.
Mr. Whipple: Yes, sir.
ld
130
AN 131983
C
E
Mr. Perez: No. The Zoning Board recommended approval.
Mr. Plummer: Right. So if you want to keep it there, then there is no
action.
Mr. Perez: Oh, I see.
Mr. Whipple: Or, you deny the Department's appeal.
Mr. Plummer: No, you over -ride the Planning Board. There is no affirmative
action necessary - only an over -ride is necessary. All right, is there any
member of the Commission who wishes to discuss this matter further? Is _.
there anyone who wishes to over -ride the Planning Board? Hearing none, there
is no act-fon. This approval stands grnated.7 Mr. City -Attorney, am I correct?
Ms. Lucia Allen: Yes.
Mr. Amoon: Thank you, Mr. Plummer. Thank you, Gentlemen.
77. SECOND READING ORDINANCE: APPLY PROPOSED HC-1 (GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT) TO PROPERTY AT 1475
N. W. 12TH AVENUE (HALISSEE HALL).
Mr. Plummer: Item Number 18. This is back to the Heritage Conservation
Overlay. Item 18 is applying this to Halissee Hall. Moved by Dawkins,
seconded by Perez. Anyone wishing to speak to Item 18? Read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY APPLYING THE HC-1:
GENERAL USE HERITAGE CONSERVATION OVERLAY
DISTRICT TO "HALISSEE HALL", 1475 NORTHWEST
12TH AVENUE (MORE PARTICULARLY DESCRIBED
HEREIN); MAKING FINDINGS; AND BY MAKING ALL
THE NECESSARY CHANGES IN THE ZONING DISTRICT
MAP MADE A PART OF SAID ORDINANCE NO. 6871,
BY REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 21 THEREOF; BY REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS THEREOF
IN CONFLICT AND CONTAINING A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Perez,
=_ the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9557.
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.
ld
131 AN 131983
0
7J
Id
s.
78. SECOND READING ORDINANCE: ADD PROPOSED HC-1 (GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT) TO NEW OFFICIAL ZONING
ATLAS, TO PROPERTY AT 1475 N. W. 12TH AVENUE (HALISSEE HALL)
r.
Mr. Plummer: Item Number 19 is a companion on the same Halissee Hall. Any-
one wishing to speak? The motion is made by Ferre, seconded by Dawkins.
Read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(EFFECTIVE APRIL 6, 1983), THE NEW ZONING
ORDINANCE FOR THE CITY OF MIAMI, FLORIDA, BY
APPLYING THE HC-1: GENERAL USE HERITAGE
—
CONSERVATION OVERLAY DISTRICT TO "HALISSEE
HALL", 1475 NORTHWEST 12TH AVENUE, (MORE
PARTICULARLY DESCRIBED HEREIN); MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES IN THE ZONING ATLAS MADE A PART OF
SAID ORDINANCE NO. 9500, BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; BY REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Mayor Ferre, seconded by Commissioner Dawkins,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9558.
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.
79. SECOND READING ORDINANCE: APPLY PROPOSED HC-1 (GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT) TO PROPERTY AT 1737
NORTH BAYSHORE DRIVE (MIAMI WOMAN'S CLUB) -
Mr. Plummer: Item Number 20 addresses the same to the Miami Woman's Club.
Moved by Ferre, seconded by Dawkins. Read the ordinance.
132
'JAN 13 t963
0
7
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVS ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY APPLYING THE HC-1:
GENERAL USE HERITAGE CONSERVATION OVERLAY
DISTRICT TO "MIAMI WOMAN'S CLUB", 1737 NORTH
BAYSHORE DRIVE (MORE PARTICULARLY DESCRIBED
HEREIN); MAKING FINDINGS; AND BY MAKING ALL
THE NECESSARY CHANGES IN THE ZONING DISTRICT
MAP MADE A PART OF SAID ORDINANCE NO. 6871,
'BY REFERENCE AND DESCRIPTION IN ARTICLE III,
"SECTION 2, THEREOF; BY REPEALING ALL ORDI—
NANCES, CODE SECTIONS, OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Mayor Fevre, seconded by Commissioner Dawkins,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9559.
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.
80. SECOND READING ORDINANCE: ADD PROPOSED HC-1 (GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT) TO NEW OFFICIAL ZONING'
ATLAS, TO PROPERTY LOCATED AT 1737 NORTH BAYSHORE DRIVE
(MIAMI WOMAN'S CLUB)
Mr. Plummer: Item Number 21 is a companion. Moved by Ferre, seconded by
Dawkins. Read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(EFFECTIVE APRIL 6, 1983), THE NEW ZONING
M
ORDINANCE FOR THE CITY OF MIAMI, FLORIDA, BY
A
APPLYING THE SC-1: GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO "MIAMI
WOMAN'S CLUB", 1737 NORTH BAYSHORE DRIVE
a
(MORE PARTICULARLY DESCRIBED HEREIN); MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES IN THE ZONING ATLAS MADE A PART OF
SAID ORDINANCE NO. 9500, BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; BY REPEALING ALL ORDINANCES, CODE
SECTIONS, DR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE,
133 �983
JAN 13
0 0
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Mayor Ferre, seconded by Commissioner Dawkins,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
e�
AYES: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Sone.
s
ABSENT: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9560.
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.
81. SECOND READING ORDINANCE: APPLY PROPOSED HC-1 (GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO PROPERTY AT 1611
N.W. 12TH AVENUE (THE ALAMO).
Mayor Ferre: Item Number 22 applies it to the Alamo. Moved by Ferre,
seconded by Dawkins. Read the ordinance on 22.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY APPLYING THE AC-1:
GENERAL USE HERITAGE CONSERVATION OVERLAY
DISTRICT TO "THE ALAMO", BEING APPROXIMATELY
1611 NORTHWEST 12TH AVENUE, (MORE
PARTICULARLY DESCRIBED HEREIN); MAKING
FINDINGS; AND BY MAKING ALL TEE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE A
PART OF SAID ORDINANCE NO. 6871, BY REFERENCE
AND DESCRIPTION IN ARTICLE III, SECTION 2,
THEREOF; BY REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Mayor Ferre, seconded by Commissioner Dawkins,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
�r
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9561.
Id 134
JAN 131983
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.
82. SECOND READING ORDINANCE: ADD PROPOSED HC-1 (GENERAL USE 16,
HERITAGE CONSERVATION OVERLAY DISTRICT) TO NEW OFFICIAL ZONING f
ATLAS AND TO PROPERTY LOCATED AT 1611 N. W. 12TH AVENUE Er
(THE ALAMO).
Mr. Plummer: Item Number 23 is a companion. Moved by Ferre, seconded by
Dawkins. Read the ordinance on 23.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(EFFECTIVE APRIL 6, 1983), THE NEW ZONING
ORDINANCE FOR THE CITY OF MIAMI, FLORIDA, BY
APPLYING THE HC-1 GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO "THE ALAMO",
1611 NORTHWEST 12TH AVENUE, (MORE
PARTICULARLY DESCRIBED HEREIN); MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES IN THE ZONING ATLAS MADE A PART OF
SAID ORDINANCE NO. 9500, BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; BY REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Mayor Ferre, seconded by Commissioner Dawkins,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9562
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.
83. SECOND READING ORDINANCE: APPLY PROPOSED HC-1 (GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT) TO PROPERTY AT 3485
MAIN HIGHWAY (THE BARNACLE).
Mr. Plummer: Item Number 24 refers to the Barnacle. Moved by Ferre, seconded
by Dawkins. Read the ordinance.
ld 135 'JAN 131983
0
AN ORDINANCE ENTITLED
0
AN ORDINANCE AMENDING ORDINANCE N0. 6871, AS
AMENDED, -THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY APPLYING THE HC-1:
GENERAL USE HERITAGE CONSERVATION OVERLAY
DISTRICT TO "THE BARNACLE", 3485 MAIN HIGHWAY
(MORE PARTICULARLY DESCRIBED HEREIN)= MAKING
FINDINGS: AND BY MAKING ALL THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE A
PART OF SAID ORDINANCE NO. 6871, BY REFERENCE
AND DESCRIPTION IN ARTICLE III, SECTION 2,
THEREOF; BY REPEALING ALL ORDINANCES, CODE
BECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Mayor Ferre, seconded by Commissioner Dawkins,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9563.
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.
84. SECOND READING ORDINANCE: ADD PROPOSED HC-1 (GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT) TO NEW OFFICIAL ZONING
ATLAS AND TO PROPERTY AT 3585 MAIN HIGHWAY (THE BARNACLE).
V
Mr. Plummer: Item Number 25 is a companion relating to the Barnacle. Read
the ordinance after it is moved by Ferre and seconded by Dawkins.
AN ORDINANCE ENTITLED
_
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(EFFECTIVE APRIL 6, 1983), THE NEW ZONING
a
ORDINANCE FOR THE CITY OF MIAMI, FLORIDA, BY
APPLYING THE HC-1: GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO 'TBE
BARNACLE", 3485 Main Highway (MORE
PARTICULARLY DESCRIBED HEREIN)= MAKING
_ a
FINDINGS: AND BY MAKING ALL THE NECESSARY
CHANGES IN THE ZONING ATLAS MADE A PART OF
SAID ORDINANCE NO. 9500, BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF= BY REPEALING ALL ORDINANCES, CODE
Me,
SECTIONS, OR PARTS THEREOF IN CONFLICT AND
i'
CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Mayor Ferre, seconded by Commissioner Dawkins,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
ld
lob JA N 131983
0
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9564.
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.
85. SECOND READING ORDINANCE: APPLY PROPOSED HC-1 (GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT) TO PROPERTY AT 190 S.E.
12TH TERRACE (DR. JAMES M. JACKSON OFFICE/DARE HERITAGE TRUST).
Mr. Plummer: Item Number 26 applies it to the office of Dr. Jackson.
Moved by Ferre, seconded by Dawkins. Read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY APPLYING THE HC-1:
GENERAL USE HERITAGE CONSERVATION OVERLAY
DISTRICT TO "DR. JAMES M. JACKSON'S OFFICE",
190 SOUTHEAST 12TH TERRACE (MORE
PARTICULARLY DESCRIBED HEREIN); MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE A
PART OF SAID ORDINANCE NO. 6871, BY REFERENCE
AND DESCRIPTION IN ARTICLE III, SECTION 2,
THEREOF; BY REPEALING ALL ORDINANCES, CODE
SECTIONS, OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Mayor Ferre, seconded by Commissioner Dawkins,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
=_ Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9565.
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.
137
ld
JAN 1.31`3
0
0
86. SECOND READING ORDINANCE: ADD PROPOSED HC-1 (GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT) TO NEW OFFICIAL ZONING ATLAS, AND
TO PROPERTY AT 190 S.E. 12TH TERRACE (DR. JAMES M. JACKSON OFFICE/
DADE HERITAGE TRUST).
Mr. Plummer: Item Number 27 is a companion on the office of Dr. Jackson.
Moved by Ferre, seconded by Dawkins. Read the ordinance.
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(EFFECTIVE APRIL 6, 1983), THE NEW ZONING
ORDINANCE FOR THE CITY OF MIAMI, FLORIDA, BY
APPLYING THE HC-1: GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO 'FOR. JAMES
M. JACKSON'S OFFICE", 190 SOUTHEAST 12TH
TERRACE (MORE PARTICULARLY DESCRIBED
HEREIN)= MAKING FINDINGS; AND BY MAKING ALL
THE NECESSARY CHANGES IN THE ZONING ATLAS
MADE A PART OF SAID ORDINANCE NO. 9500, BY
REFERENCE AND DESCRIPTION IN ARTICLE 3,
SECTION 300, THEREOF; BY REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS THEREOF
IN CONFLICT AND CONTAINING A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of December 16, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Mayor Ferre, seconded by Commissioner Dawkins,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED
ORDINANCE NO. 9566.
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.
=3
-------------- --- ------- -----
------- ------- ------------------------
---
NOTE FOR THE RECORD: At this
point Agenda items 32 and 33
of the Planning 6
Zoning portion of this Agenda
were CONTINUED.
----- ---- ---- ---- ----------------
------- ------------------------------
--
•
NOTE FOR THE RECORD: At this
point Agenda items 34 and 35
of the Planning 6
Zoning portion of this Agenda
were DEFERRED.
4'
--------- -------- --------- ------
--------- --------------------
------- ---------
Q%��t
133
ld
JAN 13 IM
87. FIRST READING ORDINANCE: 'AMEND 9500 (NEW ZONING ORDINANCE) BY
DELAYING ITS EFFECTIVE DATE UNTIL MAY 1, 1983.
t
Mayor Ferre. Item Number 36
Mr. McManus: Mr. Mayor and members of the Commssion, Joe McManus, Assistant
Director of the Planning Department. Mr. Mayor, this Commission has approved s
a new zoning ordinance effective approximately April 6th. You passed it on
September 23 - effective April 6th. The zoning in review that we want to bring
before you, a package of amendments on that zoning ordinance, which would re-
quire first and second reading effective 30 days thereafter. What the sugges-
tion here is that we delay the effective date of the new zoning ordinance from
approximately April 6th to May 1st to allow us to expeditiously accomplish that
package of amendments, to bring them before you.
Mayor Ferre: Okay, discussion?
Mr. Dawkins: Move it.
Mayor Ferre: Dawkins moves. Perez seconds. Further discussion? Read the —
ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE NEW ZONING
ORDINANCE FOR THE CITY OF MIAMI, FLORIDA, BY DELAYING THE
EFFECTIVE DATE OF SAID ORDINANCE UNTIL MAY 1, 1983; PROVID-
ING FOR CONTINUATION AND SUBSEQUENT REPEAL OF ORDINANCE NO.
6871; AND REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT AND CONTAINING 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 Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
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 members of the public.
NOTE FOR THE RECORD: At this point Agenda item No. 38 of the Planning b
Zoning portion of the Agenda, was CONTINUED.
JAN 1319Inn
W
88. APPROVE PER'ISSION TO CONSTRUCT AIM OPEP,ATE THE "STATE -REGIONAL
SERVICE CENTER PiIASE II IN DOWNTOWN GOVERNMENT CENTER (401-499
N. W. 2nd AVENUE.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 83-37
N RESOLUTION GRANTING PERMISSION TO- CONSTRUCT AND OPERATE
THE STATE REGIONAL SERVICE CENTER PHASE II IN THE DOWNTOWN
GOVERNMENT CENTER LOCATED AT APPROXIMATELY 401-499 NORTHWEST
2 AVENUE (ALSO DESCRIBED AS BLOCKS 76E AND 76 N AND THAT
PORTION OF NORTHWEST 1 COURT ADJACENT THERETO A. L. KNOWLTON
MIAMI NORTH M-413), AS PER PLANS ON FILE.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
H
89. CO'ISE:?T AGZ21DA.
Mayor Ferre asked if there was anyone present who wished to speak on the
Consent Agenda which was comprised of Items 29 through 42. No one came forward
to speak on these items.
The following resolutions were introduced by Commissioner Perez, seconded
by Commissioner Plummer and passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: NONE.
89.1 CLAIM SETTLEMENT: WARREN & ELIZA WOMBLE.
RESOLUTION NO. 83-38
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
WARREN WOMBLE AND ELIZA WOMBLE, HIS WIFE, THE SUM OF $7,250,
{ 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 ITS EMPLOYEE,
RICHARD LEE PEARSON, AND UPON EXECTUION OF A RELEASE RELEAS-
ING THE CITY AND ITS EMPLOYEE FROM ALL CLAIMS AND DEMANDS.
140
rt
JA N 1 31983
89.2 CLAIM SETTLEMM: NORMA MACLEAN
RESOLUTION NO. 83-39
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO NORMA MACLEAN THE SUM OF EIGHT THOUSAND DOLLARS
($80000.00) 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 EDGAT R. SELAVA AND UPON EXECUTION OF
A RELEASE RELEASING THE CITY FROM ALL CLAIMS AND DEMANDS.
89.3 WASTE COLLECTION LICENSES ISSUED TO DAN GALASSO WASTE SERVICE, INC.,
COASTAL CARTING LTD., INC., RAFAEL 6 ROBERTO TRASH SERVICE, U.S. WASTE
HAULING CORP., AMERI CARTING INC.
RESOLUTION NO. 83-40
A RESOLUTION AUTHORIZING THE ISSUANCE OF WASTE COLLECTION
LICENSES TO DAN GALASSO WASTE SERVICE, INC., COASTAL CARTING
LTD. INC., RAFAEL & ROBERTO TRASH SERVICE, U.S. WASTE HAULING
CORP., AMERI CARTING INC. PERMITTING THEM TO COMMENCE DOING
BUSINESS UPON FULL COMPLIANCE WITH CHAPTER 22 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, (1980).
89.4 EMERGENCY REPAIR OF ENGINE #5 BY RECHTIEN INTERNATIONAL TRUCKS, INC.
RESOLUTION NO. 83-41
A RESOLUTION APPROVING, RATIFYING, AND CONFIRMING THE ACTION
OF THE CITY MANAGER IN AUTHORIZING THE FIRE, RESCUE AND
INSPECTION SERVICES DEPARTMENT'S EMERGENCY REPAIR OF ENGINE
#5 IN THE AMOUNT OF $12,061.20, BY RECHTIEN INTERNATIONAL
TRUCKS, INC., USING FUNDS PROVIDED THROUGH THE CITY'S CLAIMS
RECOVERY PROCEDURE.
89.5 PURCHASE OF FIREFIGHTERS TURNOUT CLOTHING UNDER A METROPOLITAN DADE
COUNTY CONTRACT WITH MIDWESTERN SAFETY MANUFACTURING CO.
RESOLUTION NO. 83-42
A RESOLUTION AUTHORIZING THE PURCHASE OF 300 SETS OF FIRE-
FIGHTERS TURNOUT CLOTHING UNDER A METROPOLITAN DADE COUNTY
CONTRACT WITH MIDWESTERN SAFETY MANUFACTURING CO. FOR THE
DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES AT A
TOTAL COST OF $71,748.00 WAIVING THE REQUIREMENT FOR SEALED
BIDS; ALLOCATING FUNDS THEREFOR FROM THE 1982-1983 OPERATING
BUDGET OF SAID DEPARTMENT; AUTHORIZING THE CITY MANAGER AND
THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
89.6. ACCEPTING BID: REX CHEMICAL CORPORATION FOR FURNISHING TWO CARPET
CLEANING MACHINES.
RESOLUTION NO. 83-43
A RESOLUTION ACCEPTING THE BID OF REX CHEMICAL CORPORATION
FOR FURNISHING TWO (2) CARPET CLEANING MACHINES TO THE
DEPARTMENT OF CONFERENCES AND CONVENTIONS; AT A TOTAL COST
OF $4,655.50; ALLOCATING FUNDS THEREFOR FROM THE 1980 CITY
OF MIAMI CONVENTION CENTER AND PARKING GARAGE REVENUE BOND
FUND; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT
TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
141 JAN 131983
0
Ll
89.7
89.8
89.9
ACCEPTING BID: SIGNPRESS, DIVISION OF DICK BLICK FOR FURNISHING
ONE SIGNPRINTING MACHINE.
RESOLUTION NO. 83-44
A RESOLUTION ACCEPTING THE BID OF SIGNPRESS, DIVISION OF
BLICK FOR FURNISHING ONE SIGNPRINTING MACHINE TO THE
DEPARTMENT OF CONFERENCES AND CONVENTIONS AT A TOTAL COST
OF $59095.00; ALLOCATINGFUNDS THEREFOR TROM THE 1980 CITY
OF MIAMI CONVENTION CENTER AND PARKING GARAGE REVENUE BOND
FUND; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT
TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
ACCEPTING BID: TENNANT COMPANY FOR FURNISHING ONE OUTDOOR VACUUM
SWEEPER.
RESOLUTION NO. 83-45
A RESOLUTION ACCEPTING THE BID OF TENNANT COMPANY FOR
FURNISHING ONE OUTDOOR VACUUM SWEEPER TO THE DEPARTMENT
OF CONFERENCES AND CONVENTIONS; AT A TOTAL COST OF $159029.18;
ALLOCATING FUNDS THEREFOR FROM THE 1980 CITY OF MIAMI CONVENTION
CENTER AND PARKING GARAGE REVENUE BOND FUND; AUTHORIZING THE
CITY MANAGER AND THE PURCHASING AGENT TO ISSUE A PURCHASE
ORDER FOR THIS EQUIPMENT.
ACCEPTING BID: XEROX CORPORATION FOR FURNISHING ONE HIGH SPEED COPIER
ON A LEASE CONTRACT TO THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE.
RESOLUTION NO. 83-46
A RESOLUTION ACCEPTING THE BID OF XEROX CORPORATION FOR
FURNISHING ONE HIGH SPEED COPIER ON A LEASE CONTRACT BASIS
FOR EIGHT MONTHS WITH THE OPTION TO EXTEND FOR TWO ADDITIONAL
YEARS TO THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE;
AT A TOTAL ESTIMATED EIGHT MONTH COST OF $15,092.00; ALLOCATING
FUNDS THEREFOR FROM THE 1982-1983 OPERATING BUDGET OF THAT
DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE PURCHASING
AGENT TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
89.10 ADDITIONAL PRINTING COSTS IN THE PREPARATION OF TEH CITY'S ANNUAL
"MLAMI - ITS GOVERNMENT" REPORT.
RESOLUTION NO. 83-47
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE ACTION
OF THE CITY MANAGER IN AUTHORIZING THE EXPENDITURE OF $5,643.50,
FOR ADDITIONAL PRINTING COSTS IN THE PREPARATION OF THE CITY'S
ANNUAL "MIAMI - ITS GOVERNMENT" REPORT; FURTHER ALLOCATING
FUNDS THEREFOR FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT
FUND, AND AUTHORIZING FINAL PAYMENT TO THE FIRM OF DODD
PRINTERS FOR SAID COMPLETED WORK.
89.11 ACCEPTING BID: E-Z-GO DIVISION, TEXTRON FOR TEN ELECTRIC GOLF CARTS.
RESOLUTION NO. 83-48
A RESOLUTION ACCEPTING THE BID OF E-Z-GO DIVISION, TEXTRON
FOR FURNISHING TEN (10) ELECTRIC GOLF CARTS TO THE DEPART-
MENT OF RECREATION AT A TOTAL COST OF $15,750.00; ALLOCATING
FUNDS THEREFOR FROM THE 1982-1983 OPERATING BUDGET OF THE
GOLF COURSE ENTERPRISE FUND; AUTHORIZING THE CITY MANAGER
AND THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
142
,JAN 13 t9$3
11
89.12 14 DEEDS OF DEDICATION FOR HIGHWAY PURPOSES.
RESOLUTION NO. 83-49
A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE
CITY OF MIAMI TO ACCEPT FOURTEEN (14) DEEDS OF DEDICATION
FOR HIGHWAY PURPOSES AND APPROVING THE RECORDING OF SAID
DEEDS IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
89.13 ACCEPTING BID: MARTIN VILA & ASSOC., INC. FOR GARMENT CENTER
COMMUNITY DEVELOPMENT PAVING PROJECT.
RESOLUTION NO. 83-50
A RESOLUTION ACCEPTING THE BID OF MARTIN VILA b ASSOCIATES,
INC. IN THE PROPOSED AMOUNT OF $426,745.60, TOTAL BID OF
THE PROPOSAL, FOR GARMENT CENTER COMMUNITY DEVELOPMENT
PAVING PROJECT WITH MONIES THEREFOR ALLOCATED FROM THE
ACCOUNT ENTITLED FEDERAL COMMUNITY DEVELOPMENT BLOCK
GRANT IN THE AMOUNT OF $426,745.60 TO COVER THE CONTRACT
COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $55,476.40
TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID
FUND THE AMOUNT OF $8,535.00 TO COVER THE COST OF SUCH ITEMS
AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; AND AUTHO-
RIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
89.14 ACCEPTING THE COMPLETED WORK: D.M.P. CORPORATION FOR NORTHWESTERN
DRAINAGE PROJECT E-52.
RESOLUTION NO. 83-51
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY
D.M.P. CORPORATION AT A TOTAL COST OF $442,028.03 FOR
NORTHERN DRAINAGE PROJECT E-52; AND AUTHORIZING A FINAL
PAYMENT OF $11,128.71.
I
90. FE.ISIBILI:'Y STUDY DESIGN C014CEPT AND PACKAGE FOR "PROPOSED
r DOWNTOMI CITY OF 11IA11I E.`OiIBITION HALL".
Mayor Ferre: We're on Item "B". Plummer?
Mr. Plummer: Mr. Mayor, on Item "B", very simply, I would like to start whatever
machinery is necessary, I would assume it is a financial feasibility study to
immediately start the implementation of an exhibition hall in conjunction with
the Convention Center downtown. It was brought home to me very very clearly
during the Convention of the Florida League of Cities which the only exhibition
space that they had was on the floor of the auditorium. The ASTA Convention, I
think we got away with something we could probably could never get away with
again and that is the exhibition space for ASTA was at the Dinner Key Auditor-
ium and those people had to be bussed back and forth.
Mayor Ferre: No, we can get away with it, we're going to get away with it
with the orchid thing in 1984. They have agreed.
Mr. Plummer: Okay. What I am saying to you, Mr.
Mayor, it is
very well
known by people who put on conventions that most
of the freight
for the con-
vention is paid by the exhibitors and without space
to sell to
the exhibitors
the people do not have the ability to pick up other revenue. I
think it is
k a very P: ry contiguous part of our Convention Complex,
and Mr. Gary,
you tell me
'. what is the first step to get that implemented.
Is it design?
Is it a feas-
ibility study? What is the first and second and
third step that
we need to
f; do right now to get this thing started?
Mr. Gary: I think we need to have a feasibility study to determine the size
of the facility we need then we also need to do a design based on the size
that we need and then we need to do a financial feasibility study.
Mr. Plummer: Okay, I so move.
rt
143
JAN 131983
0 0
Mayor Ferre: Perez seconds. Further discussion? Under discussion, Mr.
Manager, the Orange Bowl, the re -improvement of Biscayne Boulevard going
back to Mel Reese - 20 studies - we need another study. Wonderfull What
we need is 12,000,000 bucks. If somebody came up with 12,000,000 bucks I
guarantee you would know exactly where to put it, now to put it, how big
it is, etc. Now, that is all fine but let's not kid ourselves. The fact
is that what we need to do it is money. Now, the private sector is not,
because those things don't make any money, so I think we need to think
this thing through. There are some ways of doing it and we really need to
come up with a financial package and I have some ideas. You and I will
sit down and talk about it, we might make some... And in the meantime, I
think this is fine, I have no problems with authorizing you to come back
with a recorlmendation as to who is going to study it, why we're going to
study it, hew much we are going to pay the guy to study it. Okay?
Mr. Plummer: Mr. Mayor, I want to put on the record that I have no problem,
I would encourage that the administration go into some serious consideration
with Mr. Worsham or anyone else in the private sector who could afford to
that Convention Center exhibition space. Mr. Worsham has spoken in the
past that he would like to go into a joint venture, I think he even went to
the point one time of guaranteeing that he would put up all the money and
make annual payments that would be in excess of what the annual mortgage
payment is. I think that should be explored, I think every avenue should
be explored for a combination of the private and public sector. If that
fails then I think we have to go it alone.
Mayor Ferre: Okay, anything else? Call the roll.
The following motion was introduced by Commissioner Plummer who moved its
adoption:
MOTION NO. 83-52
A MOTION INSTRUCTING THE CITY MANAGER TO PROCEED WITH A FEAS-
IBILITY STUDY DESIGN CONCEPT AND PACKAGE FOR A PROPOSED DOWN-
TOWN CITY OF MIAMI EXHIBITION HALL IN CONNECTION WITH THE NEEDS
OF THE PRESENTLY EXISTING MIAMI CONVENTION CENTER.
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.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
144
'JAN 1 31983
0
91. LEGISLATIVE PROPOSAL PACIZNGE FOR :HE 1983 SESSI0'_'1 TO INCLUDE
PROPOSED A14N M14T TO SUTHSHINE LAW re EXECUTIVE SESSION MEETINGS
BETt9EEN HANAGER AND C010ISSION DUP.Ii1G S:'? TE OF ==ENCY.
ADOPT LEGISLATIVE OBJECTIVES FOIL 1983 SESSION OF LEGISLATURE
AS PRESENTED AND A11ENDED. CO121ISSION TO PRIORITIZE OBJECTIVES.
Mayor Ferret We're on the legislative objectives. Rick. Is Clark Merrill
around? Mr. Manager, anything you want to tell us?
Mr. Gary: Well, we have prepared a list of legislative items that we think
are important. I think it is important for the City Commission to prioritize
those, develop strategies and give us a sense of direction.
Mayor Ferret Look, it is 8:10, it is a long issue, I think we can adopt this
if you want but the question of a discussion of prioritizing this is something
that I think we're going to have to take up. I would like your recommenda-
tions, do you want to ask... Clark, you've been living with this for a while,
what are the priorities that you recommend?
Mr. Gary: Mr. Mayor, if I may, can I recommend that you adopt the basic
plan and that each one of you give us your priorities?
Mr. Plummer: Sure.
Mayor Ferret Is there a motion?
Mr. Gary: Yes, we have a modification too, we're passing it out right now
because I think two or three of the items have already been adopted.
Mayor Ferre: See, the trouble with these things is you and I both know
that you come up with a wish list of 29 things and it is all dream world
stuff, you know. ..... Yes, but see that's fine, but when that is all done
and over with I think we need to say, "All right, these are the three or
four more important things we need, you'd better go out and get them, Mr.
Sisser, and we expect for you to deliver them."
Mr. Gary: Correct.
INAUDIBLE STATEMENT
Mayor Ferret This morning we talked about this question of the Sunshine
thing and these emergencies. Do you want to add that or don't you want to
add that?
Mr. Gary: For me it is beautiful, I wouldn't have to go through the problems
I went through last time.
Mayor Ferret What?
Mr. Gary: I said for me it would be good administratively, I wouldn't
have to go through the problems I went through last time.
Mayor Ferret Well, what are you shaking your head for? You know, the
odds are that we aren't going to get it through.
Mr. Gary: No, I was shaking my head because nobody is responding.
Mayor Ferret To what?
Mr. Gary: To your question.
k; Mayor Ferret I think, you know, even if it doesn't have a chance we've got
to say, "Hey, fellows, when we have an emergency the Manager has to have the
t° ability to get a policy decision." Now, I think we need some additional work
on this.
Mr. Gary: We do it for labor negotiations, why not for life and death?
Mayor Ferret Okay. Does somebody want to move that? Dawkins moves, is
there a second? This is the issue as to whether or not when there is an
emergency and life and death and a state of emergency is declared whether
or not the Manager can meet with the Commission in an executive session.
rt 145 JA N 1 31W;�
0
Do you second that?
Mr. Perez: Yes.
0
Mayor Ferre: Further discussion? All right, call the roll on whether or
not that is added to the legislative list.
The following motion was introduced by Commissioner Dawkins who moved its
adoption:
MOTION NO. 83-53
A:MOTION INSTRUCTING THE CITY MANAGER TO INCLUDE IN THE
PACKAGE OF LEGISLATIVE PROPOSALS TO --BE CONSIDERED IN THE
1983 SESSION OF THE FLORIDA LEGISLATURE A POSSIBLE AMENDMENT
TO THE SUNSHINE LAW SHICH WOULD PERMIT MEMBERS OF THE CITY
COMMISSION TO MEET IN EXECUTIVE SESSION WITH THE CITY MANAGER
DURING A DECLARED STATE OF EMERGENCY, CIVIL DISTURBANCE OR _
OTHER LIFE/DEATH THREATENING SITUATIONS. _
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.
Mayor Maurice A. Ferre
NOES: Vice -Mayor J. L. Plummer, Jr.
ABSENT: Commissioner Joe Carollo.
Mr. Plummer: Do you want us to prioritize the ones that each one of us are
interested in? Okay, as far as J. L. is concerned, 5, 12, and 23.
INAUDIBLE CONVERSATION
Mr. Plummer: Is to prioritize it?
Mr. Gary: No, not tonight. We don't need that tonight.
Mr. Plummer: Well, I'm giving you mine tonight.
Mayor Ferre: Have we added Marty Fine's thing in here?
UNIDENTIFIED SPEAKER: Yes, it is Item 26.
Mayor Ferre: All right, have you looked at the coordinating council to see
if we coincide with what they want?
INAUDIBLE STATEMENT
Mayor Ferre: All right, is there a motion to adopt this with the idea that
we'll come back and prioritize it? Is there a motion on this?
Mr. Plummer: What you're doing is making a motion to accept all 29 items
in principle?
Mayor Ferre: That's right.
Mr. Plummer: Fine.
Mayor Ferre: Plummer moves, and the one we've just added.
Mr. Plummer, no, then I can't.
Mayor Ferre: All right, Dawkins moves, Perez seconds. Further discussion
as amended? Call the roll.
146
rt JAN 1 31983
11
The following motion was introduced by Commissioner Dawkins who moved its
adoption:
MOTION NO. 83-54
A MOTION ADOPTING THE LEGISLATIVE OBJECTIVES FOR THE 1983
SESSION OF THE STATE LEGISLATURE AS PRESENTED AND AMENDED
ON THIS SAME DATE AND FURTHER STIPULATING THAT EACH MEMBER
OF THE CITY COMMISSION WILL SUBMIT THEIR SPECIFIC PRIORITIES
TO THE CITY MANAGER IN CONNECTION THEREWITH.
Upon biting seconded by Commissioner Perez, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: Vice -Mayor J. L. Plummer, Jr.
ABSENT: Commissioner Joe Carollo.
92. APP:tOVE III CONCEPT PROPOSAL OF "POOLED CASH F0.^. CAPITAL PROJECTS"
AS SUBMITTED BY .ADMINISTRATION.
Mayor Ferre: "F", discussion of pooled cash for Capital projects. Mr. Manager?
It makes a lot of sense, we should have done it a long time ago.
Mr. Gary: I just wanted to let you know that we plan to do it so that you
would be aware of it because it is a significant financial policy and what
we're attempting to do is, one of our top priorities is to increase our bond
rating which will have a direct impact on our interest and some of the things
we've done is to get MFOA Study done in terms of our demographics so that we
can say what the good things are happening in Miami as opposed to being lumped
in with Metropolitan Dade County. We're trying to get the certificate of con-
formance which is a certificate as a result of us complying with strict account-
ing procedures which also helps us and we think this pooled cash concept helps
us. It is legal, we'd like to do it so it won't put us in the bond market at
times when the money market is bad.
Mayor Ferre: Do you need any action from us?
Mr. Gary: I'd like you to approve the concept, sir.
Mayor Ferre: Does anybody have any problem with that? Is there a motion?
The following motion was introduced by Commissioner Plummer who moved its
adoption:
9
MOTION NO. 83-55
A MOTION APPROVING IN CONCEPT A PROPOSAL OF POOLED CASH FOR
CAPITAL PROJECTS 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 Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
Mayor Ferre: Howard, I know we have been kind of putting it off and playing
around with this idea, but you know, I think it would strengthen the credi-
bility of the City if we had an honest -to -goodness outside audit committee.
147
JAN 131983
i 0
Coopers Lybrand sent us a pamphlet, a recommendation, you know, they're
reluctant to push it because they don't want to step on anybody's toes,
but I just think it is a good positive step forward, it will help you in
the bond rating, it will help in the credibility with Standard and Poor.
Mr. Gary: We pushed it, we sent you a report in terms of....
Mayor Ferre: Well, would you just put it on the agenda the next time around?
And I think you've got to pay these guys because you can't ask, you've got to
put minimum standards so that it doesn't become a political thing.
Mr. Gary: I think the Charter prohibits that but I'll check it.
Mayor Ferre u Well, you pay the Zoning and Planning Boards, you pay the Civil
Service Board.
Mr. Gary: Yes, that's in the Charter though. We'll check on that though, I
basically have no problem with that.
Mayor Ferre: I think we have to compensate. If you're going to get a big
CPA guy or a bank vice-president to serve on this you've got to pay them
otherwise what they're going to give you is minimum time. If you want an
effective audit committee to function you're going to have to pay those guys
and they have to be independent and all of that.
Mr. Gary: If we can do it legally we'll be happy to do that.
93. WAIVE REQUIrE.1MNT FOn FOP_lP.L Sr_1JXD SIDS I14 '_ m ; UnoISHI:TG OF
444 SQUARE YXrMS OF SPECIAL C.".RPETING rO_^. D.?P?1=1-_'14T OF
COIIFE:tENCES AND CONVENTIONS.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-56
A RESOLUTION WAIVING THE REQUIREMENT FOR FOP14AL SEALED BIDS
FOR FURNISHING 444 SQUARE YARDS OF SPECIAL CARPETING TO THE
DEPARTMENT OF CONFERENCES AND CONVENTIONS; AUTHORIZING THE
PURCHASE OF SAID CARPETING FROM CARPET SYSTEMS, INC. AT A
TOTAL COST OF $6,314; ALLOCATING FUNDS THEREFOR FROM THE
CONFERENCE AND CONVENTION CENTER BOND FUND; AUTHORIZING THE
CITY MANAGER AND THE PURCHASING AGENT TO ISSUE A PURCHASE
ORDER FOR THIS MATERIAL.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
rt 14p
(� JAN 1 31983
0 0
94. AGREEMENT WITH VINCE E. GRIMM, Jrt. FOR PPDPESSIONAL CONSULTANT
SERVICES PRIMARILY IN CONNECTION WITH THE WORLD TRADE CENTER
TOWER PROJECT (Formalizing of previous motion).
Mayor Ferre: Did we do 57
Mr. Garcia -Pedrosa: Yes, sir, but can you do it, Mr. Mayor, with four votes
because you.need four votes on S.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-57
A RESOLUTION WAIVING THE REQUIREMENTS AND PROHIBITION CON-
TAINED IN CITY CODE SECTION 2-302; AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT, SUBJECT TO THE CITY
ATTORNEY'S APPROVAL AS TO FORM AND CORRECTNESS: FOR PROFES-
SIONAL CONSULTANT SERVICES WITH VINCENT E. GR?:dM, JR.,
PRIMARILY IN CONNECTION WITH THE WORLD TRADE CENTER TOWER
PROJECT, FOR A PERIOD OF 2 YEARS COMMENCING FEBRUARY 1, 1983
THROUGH JANUARY 31, 1985 WITH A PROVISION THEREIN FOR EXTEN-
SION THROUGH JULY 31, 1985, SAID AGREEMENT ESTABLISHING A
FIXED MONTHLY PAYMENT FOR SAID SERVICES; ALLOCATING MONIES
THEREFOR FROM PREVIOUSLY APPROPRIATED FUNDS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
ff
149 JAN 1 31983
0
95. C XV1101 ELECTIOII OF JOM,1 S'. ('TP_'tff.. M AID STEVE
DOLHICIi TO TIIL CITY OF MAHI =TIrtU_=.1T 130P.11D
OF GENERAL Et4PLOYAES .
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-58
A RESOLUTION CONFIRMING THE ELECTION OF JOHN E. GARDNER AND
STEVE DOLNICK TO THE RETIREMENT BOARD OF THE MIAMI CITY
GENERAL EMPLOYEES' RETIREMENT PLAN.
(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
Commissioner Joe Carollo
96. AMEND R-77-480 MUCH WMATED "BUDGET REVIEW CON'SITTEE" - PI?OVIDING
SUPPORT TO SAID COMMITTEE AND 15PEALING SEC. 9.
W
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-59
A RESOLUTION AMENDING RESOLUTION NO. 77-480 ADOPTED JUNE 9,
1977, AS AMENDED, WHICH CREATED A BUDGET REVIEW COMMITTEE
TO STUDY THE CITY OF MIAMI'S ANNUAL BUDGET PREPARATION PROCESS
AND COMMUNICATE SAME TO THE COMMUNITY, MORE PARTICULARLY BY
AMENDING SECTION 3 TO PROVIDE SUPPORT FOR SAID COMMITTEE AND
BY REPEALING SECTION 9 DEALING WITH MEMBER TERMS OF OFFICE,
QUORUM, ALTERNATES AND PROCEDURES.
(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
Commissioner Joe Carollo.
NOTE FOR THE RECORD: At this point Agenda Item Nos. 24b and 25 of the Regular
Agenda were DEFERRED.
jUV
JAN 13 )9do
u
rt
0
97. MEND RES. 82-560 WHICH CREATED THE "CITY-WIDE CO10UNITY
DEVELOPMENT ADVISORY BOARD" BY PROVIDING FO_^. A CITY-CO1121ISSION
APPOINTMENT OF A REPRESENTATIVE FROM THE CITY'S GARMENT
DISTRICT.
Mayor Ferre: 26. Dena?
Ms. Dena Spillman: All this does is corrects a previous resolution and adds
a representative to the Garment District which should have been in the reso-
lution, it js a housekeeping item.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-60
A RESOLUTION AMENDING SECTION 2 OF RESOLUTION NO. 82-560,
ADOPTED JUNE 17, 1982, WHICH CREATED THE CITYWIDE COMMUNITY
DEVELOPMENT ADVISORY BOARD BY PROVIDING FOR THE CITY COM-
MISSION'S APPOINTMENT OF A REPRESENTATIVE FROM THE CITY'S
GARDB;NT DISTRICT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
98. APPOINT CERTAIN INDIVIDUALS TO THE CITY-WIDE C0121UNITY
DEVELOPMENT ADVISORY BOARD.
Mayor Ferre: 27.
Mr. Plummer: Move it.
Mr. Garcia -Pedrosa: No, you need three names.
INAUDIBLE
Mayor Ferre: Have you talked to them? All right, I nominate Charlie Johnson
and Manny Medina. Charlie Johnson is a banker and Manny Medina is a local
developer, he's the guy that Dave Kennedy works for. Are you sure he wants
to serve on this? How many appointments are there?
Ms. Spillman: There are only three. There is a banker, a developer, and
the Garment District, you had approved a gentleman but I don't know why we
didn't pass it, it was Al Elias from Kanes.
Mr. Dawkins: I had a letter from George Adams wanting to be put on there,
what happened to that?
Ms. Spillman: No, the Model Cities appointment was Gladys Brown and that was
the person you appointed and a woman named Sheba Martin was elected in Model
Cities by the community, yes.
1t;1
_t JAN 1 31983
0
0
Mayor Ferre: How many people are there? Three.
Ms. Spillman: Three, I'm sorry. The Garment Center which was Al Elias,
which we discussed the last time or anyone else.
Mayor Ferre: It has to be by category. We need a banker, a local developer,
and a Garment Center district. Who is the banker?
Ms. Spillman: Charlie Johnson.
Mayor Ferre: Does anyone else have any other recommendations?
Mr. Plummer: Henry Hood Basset.
Mayor Ferre: Pablo Gomez is not a banker and neither is....
Mr. Perez: Real estate and land developer.
Mayor Ferre: What?
Mr. Perez: He is a land developer.
Mayor Ferre: We need a banker. Does anybody have another banker?
Mr. Gary: How about Art Hill?
Mayor Ferre: Who?
Mr. Gary: Art Hill.
Mayor Ferre: Yes, because I'll tell you. Charlie Johnson is in so many
committees, let's give somebody else a crack at this. Do you have any
objections?
Mr. Gary: Art Hill is at Southeast. You met him.
Mayor Ferre: All right, I nominate Art Hill. That is a good recommendation.
Now, we need a local developer. We can't get anybody better than Manny
Medina.
Mr. Gary: Jackie Bell.
Mayor Ferre: Manny Medina, does anybody have any objections to Manny Medina?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Gary: What about Tibor Hollo?
Mayor Ferre: All right, we will put this off because if the man's been
talked to, we don't want to offend him. So let's wait and see if he makes...
otherwise, Pablo Gomez, I tell you... Can we do it this way? We will nominate
Manny Medina. If Manny Medina does not want to serve, then Pablo Gomez
in his place. O.K.? Then you talk to Medina tomorrow. Marie, make sure
he does not get upset about it. I don't care, either one of them. Now,
E this specifically says Garment District.
Mr. Plummer: Is that a resident of the Garment District?
Ms. Spillman: No, it would have to be a business....
Mayor Ferre: We have the name of Moses....
Mr. Plummer: Of the Garment District I nominate Mr. Paul Galbot.
Mayor Ferre: Wait, wait, J.L..
Mr. Plummer: He is a businessman in the Business District.
Mr. Dawkins: Why didn't you stick him in as a banker.
1152
sl
sl
JAN 1 31983
0 0
Mr. Plummer: Fine, I'm just trying to give you...do you have somebody
you want to go with? Fine, go with that.
Mayor Ferre: His name is Moises Bichachi, 2041 N.W. 23 Avenue, Bichachi
Warehouse and Bichachi Originals. Thos are the nominees. Is there a
motion?
Mr. Plummer: So move. •
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 83-61
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE
CITYWIDE COMMUNITY DEVELOPMENT ADVISORY BOARD.
(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
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
99. APPROVE AND DESIGNATE "COMMISSIONER MILLER J. DAWKINS" AS CITY
OF MIAMI'S REPRESENTATIVE ON THE "DADE-MIAMI CRIMINAL JUSTICE
COUNCIL".
Mayor Ferre: We are now on 27-a.
Mr. Plummer: Am I the representative?
Mayor Ferre: Yes, but I think they need two from us. They need three.
They have Plummer and Carollo. Now which one of you wants to be in that
Criminal Justice Council? It's a lot of fun. You get to talk about guns
and all that kind of stuff.
Mr. Gary: Commissioner Dawkins.
Mayor Ferre: Dawkins, I think you ought to because you are the only
Black here.
Mr. Gary: You can entice him with the Overtown and the improvements you '
want to make.
253
;l JAN 131983
0
0
sl
Mayor Ferre: We have now three. There is a motion by Plummer that
Commissioner Dawkins be appointed. Seconded by Commissioner Perez.
Further discussion? Call the roll on 27-a. That was easier than I
thought it was going to be.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 83-62
A RESOLUTION APPROVING AND DESIGNATING THE CITY OF
MIAMI'S, REPRESENTATIVE ON THE DADE-MIAMI CRIMINAL
JUSTICE COUNCIL.
(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
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Mayor Ferre: I thought we were going to have a hard time getting a
volunteer on that.
-----------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda item 28 was deferred.
-----------------------------------------------------------------------
100. INCREASE MAYOR'S OFFICE BUDGET BY $20,000 (WORD PROCESSOR; ;
CEREMONIEAL SUPPLIES, ETC.) 1
Mr. Plummer: I have a grand item, Mr. Mayor. I have a motion.
Mayor Ferre: All right, Plummer, go ahead and make your motion.
Mr. Plummer: A motion to increase the Mayor's office budget by $20,000
for a word processor and related equipment and training and to replenish
account for ceremonial supplies that serve the City Commission as a whole.
Period. Amen.
Mayor Ferre: How about the flowers? We are out of money for flowers.
Mr. Plummer: I didn't say a word about flowers. Now if you want to come
over to the funeral home...
Mayor Ferre: Is there a second to the motion?
Mr. Perez: Second.
154
JAN 1 31983
Mayor Ferre: Further discussion? Call the roll.
Mr. Dawkins: O.K., hold it. The last time I voted to increase the
Mayor's budget I said I wasn't going to do it again.
Mr. Plummer: Neither am I, but you know....
Mr. Dawkins: I do feel that a word processor is necessary. Now if it
were for salaries, for another individual, I would say no. But I have
to go along with the word processor.
Mayor Ferre: Marie, I need a clarification on this. We had some ... Howard,
correct me on this. This was part of my'budget. Then we didn't vote on
it. How did we get all confused on all that? Will you explain that to
me? We just forgot to do it or what?
Mr. Gary: It was an oversight in the budget process. I can't do it
automatically.
Mayor Ferre: Did I have an increase before?
Mr. Plummer: Three. You have had three.
Mr. Dawkins: You have had three.
Mayor Ferre: Oh, we added one person.
Mr. Dawkins: Then you didn't have enough money to pay her what you wanted
and you got another increase.
Mayor Ferre: Is that right, Howard?
Mr. Gary: Yes, sir. But this one was an oversight, because it was in
the budget.
Mr. Plummer: No, what do you mean an oversight?
Mr. Dawkins: How do you make an oversight on a word processor that you
need?
Mr. Plummer: Shhh! Listen to that noise! Huh, huh!
Mr. Dawkins: You are cheesing off a lot of your....
Mr. Plummer: How come you have 83 on your staff and it's not oversight?
Mr. Dawkins: You are cheesing an awful lot here lately!
Mr. Plummer: It's called hedging. It's called hedging.
Mayor Ferre: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 83-63
A MOTION TO INCREASE THE MAYOR'S OFFICE BUDGET BY $20,000
TO FACILITATE THE ACQUISITION OF A WORD PROCESSOR, INCLUDING
PERSONNEL TRAINING; AND TO COVER DEFICIT CREATED IN
THE ACCOUNT COVERING CEREMONIAL EXPENSES FOR SUPPLIES,
ETC.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
1UK5
51 -JAN 131983
0
u
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
101. APPOINT REVEREND WINSTON RUDOLPH AS CHAIRPERSON OF THE =
"OVERTOWN BLUE RIBBON COMMITTEE"; APPOINT INDIVIDUALS TO I"
SERVE AS ME2tBERS.
Mayor Ferre: I have some other things that I have to clear up here.
Carol Ann, what was it that you were...? All right, here it is. A
resolution... All right, Juanita, come on up so we can get this thing
straight. A resolution appointing Reverend Winston Rudolph as
Chairperson of the Overtown Blue Ribbon Committee and appointing =_
individuals to serve. The reason we need this is to clarify names.
Is that it? The names are as follows: Anne Marie Adker, Dr. Geoffrey
Alpert, Reverend Martin Anorga, Fred Crawford, Kelsey Dorset, Arthur
England, Esq., Richard Gerstein, Esq., John Gibson, Henry Givens,
Dr. Irving Goldaber, Dean Adam Herbert, Charles Johnson, the Honorable
Herbert Klein has declined, so scratch him. I understand. Scratch
Knox. Dr. Ralph Lewis, William Meadows, Vincent McGee, William Ogden,
Dr. Eduardo Padron, William Perry, Clyde Pettaway, Otis Pitts, Hollis
Price, Athalie Range, Robert Shevin, Dr. William Stokes, Francina
Thomas, Jose Villalobos, Warren Wepman, Leah Simms, Reverend Richard
Barry, Rabbi Haskell Bernatt, Early Butler, Vernon Clark,
Orange Hayes, Reverend Ira Hinson, Reverend Thedford Johnson,
Eddie Mitchell, Laura Quaterman, Roland Rolle, Wellington Rolle, _
Lenora Watley, and Nestor Williams.
Mr. Plummer: Mr. Mayor, I would like to add the name of (I don't have
the first name here. It is in my office.) His last name is Foxworth.
Mr. Dawkins: Oh, Ray Foxworth.
Mr. Plummer: Ray Foxworth.
Mayor Ferre: Oh, these are the people, why didn't you say so. Emile
Baffel, George Lewis, James Barry, Joe Wilson, Roderick Suddon.....
Mr. Plummer: You got my names?
Mayor Ferre: All right, is there a motion to that affect?
Mr. Plummer: How many names are there?
Mr. Garcia -Pedrosa: You've got the ones for Demetrio also.
Mayor Ferre: Is there a motion?
Mr. Plummer: Yes.
Mayor Ferre: All right, Plummer moves, Perez seconds, further discussion?
Call the roll.
1UG
rt JAN 1 31983
0
0
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 83-64
A RESOLUTION APPOINTING REVEREND WINSTON RUDOLPH AS CHAIR-
PERSON OF THE OVERTOWN BLUE RIBBON COMMITTEE AND APPOINT-
ING INDIVIDUALS TO SERVE AS MEMBERS ON SAID COMMITTEE.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.) •
Upon being seconded by Commissioner Perez the resolution was ;
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe CArollo..
102. ESTABLISH A BLUE RIBBON COMMITTEE TO INVESTIGATE RECENT CIVIL
DISTURBANCE IN OVERTOWN AP.EA AND REPORT TO COMMISSION ON
CAUSES THEREOF.
Hereupon Mayor Ferre read a proposed resolution into the public record.
Mayor Ferre: Is there a motion?
Mr. Perez: I move.
Mr. Plummer: Under discussion, Mr. Mayor, let me make sure that that committee
in their scope of investigation, that in no way shape or form will they be
interferring with the on -going investigations relating to the criminal mat-
ters.
Mayor Ferre: Of course.
Mr. Plummer: But I want that understood. I know they don't have subpoena
power. Okay? But I want to make sure that in no way, and I want them to
check every step of the way that they do not interfere with the two investi-
gations by the Police Department or the Justice Department or the United
States Attorney.... I just want to make sure of that.
Mayor Ferre: J. L., look, if Milian was able not to do that I am sure
Reverend Rudolph will be just as cautious.
Mr. Plummer: I hope so, Mr. Mayor, but I'm just giving a word of caution.
Mayor Ferre: All right, call the roll.
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 83-65
A RESOLUTION ESTABLISHING A BLUE RIBBON COMMITTEE TO IN-
VESTIGATE FORTHWITH THE RECENT CIVIL DISTURBANCE IN THE
OVERTOWN AREA AND REPORT TO THE CITY COMMISSION ON THE
FACTS AND CAUSES THEREOF, COMPLAINTS OF PERSONS INVOLVED
THEREIN, AND MAKE RECOMMENDATIONS CONCERNING THE PRESERVA-
TION OF HARMONY, PEACE AND ORDER IN THE CITY OF MIAMI;
AUTHORIZING AND DIRECTING THE CITY MANAGER TO PROVIDE STAFF
SUPPORT TO SAID COMMITTEE: FURTHER ALIACATING AN AMOUNT NOT
TO EXCEED $10,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CON-
TINGENT FUND, TO COVER NECESSARY EXPENSES INCURRED BY SAID
COMMITTEE AND APPROVED BY THE CITY MANAGER.
(Here follows body of
resolution, omitted here and on file
JA N 13
19011
W
in the Office of the
City Cie.7)
Upon being seconded by Commissioner Plummer 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: Commissioner Miller J. Dawkins
ABSENT: Commissioner Joe Carollo.
103. APPOINT FULL-TI?M OMBUDSMAN TO OVERTOWN AREA TO PROVIDE
COlOrMICATION LINK WITH CM GOVERNMENT.
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 83-66
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO:
(1) IMMEDIATELY ASSIGN A FULL-TIME OMBUDSMAN FOR AT LEAST
90 DAYS TO THE OVERTOWN AREA OF THE CITY IN ORDER TO GIVE
THE CITIZENS OF THAT NEIGHBORHOOD A DIRECT COMMUNICATION
LINK WITH CITY GOVERNMENT; (2) IMMEDIATELY ASSIGN FULL-TIME
A MEMBER OF THE OFFICE OF PROFESSIONAL COMPLIANCE FOR A
PERIOD OF AT LEAST 90 DAYS TO THE OVERTOWN AREA IN ORDER TO
DOCUMENT ANY COMPLAINTS, SUGGESTIONS AND/OR OBSERVATIONS BY
CITIZENS CONCERNING POLICE PROCEDURES AS WELL AS COMMUNITY/
POLICE RELATIONS; (3) EXPLORE THE POSSIBILITY OF CREATING
AN EMPLOYMENT BUREAU IN OVERTOWN IN COORDINATION WITH THE
PRIVATE SECTOR IN ORDER TO FACILITATE THE FINDING OF AS
MANY JOBS AS POSSIBLE FOR RESIDENTS OF THAT NEIGHBORHOOD
BEFORE JUNE 1, 1983; AND (4) GIVE TOP PRIORITY TO ALL
CAPITAL IMPROVEMENTS PROJECTS WHICH HAVE BEEN PLANNED FOR
THE OVERTOWN AREA, INCLUDING SUCH PROJECTS AS: HOUSING,
STREET REPAIRS, PARKS, SEWERS, THE PARK WEST OVERTOWN RE-
DEVELOPMENT AND SHOPPING CENTER PROJECTS; FURTHER RECOM-
MENDING THAT THE CITY MANAGER APPLY SIMILAR GUIDELINES AND
CONSIDERATIONS TO ANY OTHER POTENTIAL TROUBLE -AREA IN THE
CITY.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
rt
JAN 131983
0
i
104. MQUEST FOR ESTABLISIM2,111T OF BASS P.ADIO STATION -
LITTLE HAVANA CRIME PREVENTION CUB-COU'_iCIL;
REFERRED TO CITY !4At1AG."3R.
Mayor Ferre: I have a letter here from Mr. Alfonso Alberti, Chairperson
of Little Havana Crime Prevention Sub -Council and President, documenting
all of the_things that they did. They were following instructions. Mr.
Howard Gary, City Manager, asked the Florida Community members to continue
their efforts in patrolling the Little Havana area. Did you do, Howard?
Now, Alberti met with Lt. Emilio Cabrera, he offered all of his guns to
Plummer, Plummer offered his guns to Alberti and we're very proud.
Mr. Plummer: Only if they were being shipped to Vermont at that time.
Mr. Mayor, let me state for the record that I have personal first hand
knowledge that these people immediately, immediately when the problem broke
out came to the Police Station, offered their services for anything that
they could do. They did assist the Police Department and I think that it
would be only proper that those people be brought to this Commission at
the next Commission Meeting and they be publicly thanked for their volun-
teering to help out in an emergency crisis. I would like to go one step
further, Mr. Mayor, and I would like to at this time, this organization
has approximately 200 two-way radios. They have no way whatsoever of com-
municating for City related matters to report. I have spoken with Mr.
Gary about the possibility of establishing a base station in our commun-
ication to which they could, in fact, relate city related matters to a
base station.
Mayor Ferre: Mr. Plummer moves, is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? The Manager has to come back with a
recommendation. In other words you do it if you can. Further discussion?
Mr. Manager, as I understand it the motion, the intent of Plummer is to do
it unless you have a problem and then you come back if you have a problem.
Call the roll.
The following motion was introduced by Commissioner Plummer who moved its
adoption:
MOTION NO. 83-67
A MOTION INSTRUCTING THE CITY MANAGER TO INVESTIGATE THE
POSSIBILITY OF ESTABLISHING A BASE RADIO STATION AS A PART
OF THE CITY OF MIAMI COMMUNICATIONS DEPARTMENT TO FACILITATE
COMMUNICATION BETWEEN THE VOLUNTARY MEMBERS OF THE LITTLE
HAVANA CRIME PREVENTION SUBCOUNCIL IN ORDER THAT THEY MAY
REPORT TO THE CITY ON CITY -RELATED MATTERS; FURTHER REQUEST-
ING THE CITY MANAGER TO COME BACK WITH A RECOMMENDATION.
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.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
159
rt
JAN 1 31983
0 i
Mayor Ferre: Plummer moves that the chairperson and the other vice-chairmen
and important people involved in the Comprehensive Crime Prevention Project
of Little Havana be given commendations at the next Commission Meeting for _
their interest and valor and when they come up to get these commendations
tell them to not bring their guns.
Mr. Plummer: Mr. Mayor, can we include in that, Mr. Gary is bringing forth
that we should also thank any and all people, members of the community.....
Mayor Ferre: Mr. Gary, you come up with a list, I tell you one man I want
you to come up with is that owner, that fellow who owns that arcade who —_
personally went out and helped that lady out of the car and other people.
There are a.lot of people in Overtown that really stood up. _ S
Mr. Plummer.- Can I work with the Manager on developing that list?
Mayor Ferre: Yes, sir.
Mr. Dawkins: If you're volunteering to do something free, of course.
Mayor Ferre: You don't need any motion on that, do you?
Mr. Gary: No.
105. 'REQUEST COMMENDATION BE PREPARED TO THANK OFFICIALS OF
AJERICABLE FOR ASSISTANCE RENDERED DURING RECENT CIVIL
DISTURBANCE IN OVERTOWN.
Mr. Plummer: Mr. Gary, this one is going to sound funny and I'm going to
have to hold Dawkins down. Mr. Mayor, one of the things that we did during
the height of the problem was we took over the offices of Americable completely
and they offered their offices during the entire time of the emergency. Mr.
Gary, what would be appropriate to thank those people? They went in there,
made coffee, served Cokes, turned over their telephones and everything.
Mr. Dawkins: You commandeered them.
Mr. Plummer: You're damned right I commandeered it. I don't make no bones
about it. What would be an appropriate way of thanking those people indi-
vidually?
Mr. Gary: I think a commendation.
Mr. Plummer: At the same time? '
Mr. Gary: At the same time.
Mr. Plummer: And you'll so arrange?
Mr. Gary: Yes, sir.
Mr. Plummer: Dawkins is against it and he drank more coffee than anyone.
Mr. Dawkins: I don't drink coffee.
E
106. REQUEST MANAGER TO STUDY POSSIBILITY OF ESTABLISHING A
$300,000 FUND FROM THE CITY OF MIAMI CAPITAL DEVELOPMENT
REVOLVING FUND TO BE MADE AVAILABLE TO OWNERS OF HEAVILY
DAMAGED PROPERTY DURING OVERTOWN DISTURBANCE.
Mr. Dawkins: This morning I said that business that were destroyed, I made
the suggestion that $300,000 of the Capital Development Revolving 1.3 be
made available, we skipped over it, now what.happened, what are we going to
do? _ •
Mr. Gary: You all can vote on it and I'll pass the message on.
Mayor Ferre: Did you move taht as a motion?
Mr. Dawkins: No, when we started discussing it it got kind of hot and you
said let's discuss it later on. Okay, I move.
Mayor Ferre: Is the motion clearly understood? It is a motion of intent and
you have to bring it back as a resolution.
Mr. Dawkins: Yes, that's what I wanted to do this morning but we got carried
away.
Mayor Ferre: All right, Dawkins moves, Plummer seconds. Further discussion?
Call the roll. Mr. Manager, you come back with the specifics on this.
Mr. Gary: Okay, if you do it in a motion we can ratify it later, and we
just could pass the message on.
The following motion was introduced by Commissioner Dawkins who moved its
adoption:
MOTION NO. 83-68
A MOTION INSTRUCTING THE CITY MANAGER TO INVESTIGATE THE
POSSIBILITY OF ESTABLISHING AN AMOUNT NOT TO EXCEED $300,000
FROM THE CITY OF MIAMI CAPITAL DEVELOPMENT REVOLVING FUND TO
BE MADE AVAILABLE TO OWNERS OF BUSINESSES WHICH WERE HEAVILY
DAMAGED OR DESTROYED DURING THE RECENT DISTURBANCE IN THE
OVERTOWN AREA; FURTHER REQUESTING THE CITY MANAGER TO MAKE
RECOMMENDATIONS TO THE CITY COMMISSION IN CONNECTION THEREWITH.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
Mr. Plummer: Mr. Gary, at the last Commission Meeting, and I asked you to
come back with a recommendation at this meeting, about tearing down those
old dilapidated buildings.
Mr. Gary: I have a report for you right now.
Mr. Plummer: And also in particular using the use of that area to do the
job to help in the demolition of those buildings and let those kids get the
damned employment.
Mr. Gary: Well, I've got the first part for you, I have a report. I'll work
on the second part in terms of employing.....
Mr. Gary: Where is the first report?
Mr. Gary: You'll get that, I've got it right here.
rt 161 JAN 1 31983
107. DIRECT MANAGER TO ENTER INTO AGPEEMENT WITH C.P.A. FIRM TO
PREPARE ECONOMIC ANALYSIS OF FISCAL IMPACT OF WATSON ISLAND !
PROJECT ON THE CITY OF MIAMI.
Mayor Ferre: We've got this Watson Island thing.
Mr. Plummer: Is that still around? Where is my report?
Mayor Ferrel I'd like to move the following: Authorize the City Manager to
enter into an agreement with a C.P.A. firm to prepare an economic analysis
of the fiscal impact of the Watson Island Development on the City of Miami.
This is to satisfy the last condition imposed by the Florida Land and Water
Adjudicatory Commission, the Cabinet, of the City's development order. The
firm selected will have to be approved by the Cabinet on recommendation of
the Department of Community Affairs and the City. This analysis has to be
reported back to the Cabinet by mid -April in order to satisfy the last con-
dition. The deadline was set by Cabinet for 120 days after the December 14th
election. Mr. Manager, does this meet with your recommendation?
Mr. Gary: Yes, sir.
Mayor Ferre: I think we've got to do this to meet faith with the Cabinet.
Mr. Gary: That's right.
Mayor Ferre: I'm perfectly willing to leave the decision as to who the C.P.A.
firm will be up to you and I would imagine the Cabinet.
Mr. Gary: That's correct, it has to be acceptable to them.
Mayor Ferre: It has to be between you and them. Right?
Mr. Gary: Exactly.
Mayor Ferre: I so move. You come back with the specifics on it.
Mr. Gary: Yes, sir.
The following motion was introduced by Mayor Ferre who moved its
adoption:
MOTION NO. 83-69
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH A C.P.A. FIRM IN ORDER TO PREPARE AN
ECONOMIC ANALYSIS OF THE FISCAL IMPACT OF THE WATSON ISLAND
PROJECT ON THE CITY OF MIAMI, WHICH ANALYSIS WOULD SATISFY
THE LAST CONDITION IMPOSED BY THE FLORIDA LAND AND WATER
ADJUDICATORY COMMISSION IN CONNECTION WITH THE CITY'S DEVELOP-
MENT ORDER.
Upon being seconded by Commissioner Perez, the motion 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: Commissioner Miller J. Dawkins.
ABSENT: Commissioner Joe Carollo.
162
rt
JAN 131900
108. CALL FOR SPECIAL METING TO BE HELD ON FEBRUARY 24, 1983 TO
A DISCUSS ISSUE OF THE FUTURE DEVELOPHE11T OF WATSOti ISLAND.
Mayor Ferre: Howard, we've got to call a public hearing under our new R.F.P.
stuff by December 10th. Jim, to comply, John, am I wrong?
Mr. John Gilchrist: We do have to have a public hearing but the report can
be done based on the request for proposal. The economic analysis....
Mayor Ferre: Well, do we have to have a public hearing, yes or no?
Mr. Gilchrist: Yes.
Mayor Ferre: When?
Mr. Gilchrist: I would suggest the second meeting in February.
Mayor Ferre: CAn we start with that now, Mr. Manager? We've got to get
the ball rolling somehow.
Mr. Gary: You can establish a public hearing right now.
Mayor Ferre: All right, I move that at the second hearing in February,
the second meeting in February, February 24th, that we have a public hear-
ing to discuss this item and what to do with Watson Island, if anything.
I move, Plummer.
Mr. Plummer: Motion made, is there a second?
Mr. Perez: Yes.
Mr. Plummer: Any discussion? CAll the roll.
The following motion was introduced by Mayor Ferre who moved its
adoption:
MOTION NO. 83-70
A MOTION OF THE CITY COMMISSION CALLING FOR A PUBLIC HEARING
TO BE HELD ON FEBRUARY 24TH (THE SECOND COMMISSION MEETING IN
FEBRUARY) FOR THE PURPOSE OF DISCUSSING THE ISSUE OF THE FUT-
URE DEVELOPMENT OF WATSON ISLAND.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins.
ABSENT: Commissioner Joe Carollo.
163
JAN 131983
rt
109. REIMBURSE ORGANIZERS. OF THE JOSE MARTI PARADE FOR POLICE AND
OTHER EXPENSES ASSOCIATED WITH SUCH PARADE UP TO $3,000.00
Mr. Perez: Mr. Mayor, I have this proposal from the Bilingual School about _
the Jose Marti Parade that will be held.
Mayor Ferre: That would be B.I.P.R.I.S.A.
Mr. Perez: -Yes. That would be held the next 28th. It was approved by the _
Festival Committee in principle but the Festival Committee doesn't have any
funds and I would like to present a motion to instruct the Manager to re-
imburse the police expenses and I think that will be about $3,000 in police
expenses and some basic expenses.
Mayor Ferre: This is the Marti parade. All right, is there a second?
Further discussion? Call the roll.
The following motion was introduced by Commissioner Perez who moved its
adoption:
MOTION NO. 83-71
A MOTION INSTRUCTING THE CITY MANAGER TO REIMBURSE ORGANIZERS
OF THE "JOSE MARTI PARADE" FOR POLICE EXPENSES AS WELL AS
SOME OTHER BASIC EXPENSES BY ALLOCATING AN AMOUNT OF NOT TO
EXCEED $3,000.00, WHICH PARADE HAD BEEN PREVIOUSLY APPROVED
BY THE FESTIVAL COMMITTEE.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote- —
AYES: Commissioner Miller J. Dawkins _
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
Mr. Gary: I'd like to inform the Commission that Mr. Robbie of the Miami
Dolphins owes us $135,000.
Mayor Ferre: Howard, you really don't need us, do you really want us to give
you approval?
Mr. Gary: No, fine.
Mayor Ferre: Just do your job.
Mr. Plummer: No, I thought that you were going to say that he can't use it
Sunday unless he pays.
Mayor Ferre: Plummer wants the pleasure of doing this, right?
Mr. Plummer: Didn't you tell me you weren't going to open the doors on Sunday
unless he pays what he owes you?
Mr. Gary: That was my initial response but I'll take him to court. I'll do
my job.
164
rt JAN 131983
I10. APPROVE POSITION PAPER .OF "SOUTH FLORIDA EM1*L6YN9'I AND
TRA11711IG CONSORTIUM" ON PROCEDURES FOR ESTABLISHING THE ,
"SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM -PRIVATE
i INDUSTRY COUNCIL".
Mr. Robert Krause: The CETA Legislation has been superseded by a new law
called the Job Training Partnership Act.
Mayor Ferre: Mr. Krause, what are the choices that we have?
Mr. Krause:! None. This is a procedure to establish a private industry
cuncil that'is required by law and the City and the other private Jurisdic-
tions in the consortium will participate. This sets up the procedure, it
doesn't appoint anybody.
Mayor Ferre: Mr. Manager, do you recommend it?
Mr. Gary: Yes, sir, wholeheartedly.
Mayor Ferre: Do we have any other choice?
Mr. Gary: We have no other choice.
Mayor Ferre: Does somebody want to move that?
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 83-72
A RESOLUTION APPROVING THE POSITION PAPER OF THE SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM ON THE PROCED-
URES FOR ESTABLISHING THE SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM - PRIVATE INDUSTRY COUNCIL UNDER THE
PROVISIONS OF THE JOB TRAINING PARTNERSHIP 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 Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
NOES: Mayor Maurice A. Ferre.
ABSENT: Commissioner Joe Carollo.
0
111. BRIEF DISCUSSION ITEM: PROPOSED CITY OF MIAMI APPLICATION FOR
A U.D.A.G..GRANT. (Diagnostic Center).
Mr. Gary: The second one is that we have an opportunity to get some Reagan
money for a UDAG Grant to build a diagnostic center to make money with Latin
America, none of our money, we're trying to get $3,000,000 to match the
$10,000,000'that they're going to put up and we need the approval from you
to apply foi this UDAG Grant.
INAUDIBLE CONVERSATION OFF THE PUBLIC RECORD.
Mayor Ferre: ..... I think that make sense. Who came up with this idea?
Mr. Gary: Jim Reid who was working with the developers.....
Mayor Ferre: Wait a minute, is this Maria Elena Torano's?
Mr. Reid: Not at all, not that health deal that she was on.
Mayor Ferre: All right, I'm justasking, it has nothing to do with my vote.
Mr. Plummer: It's a UDAG Grant, if we can get it we're going to own it.
Mayor Ferre: I doubt it, that's not the way those thing work.
Mr. Plummer: Who is they?
Mayor Ferre: J. L., it doesn't mean anything. Between now and touchdown
you've got 1,000 miles....
Mr. Plummer: It makes a hell of a lot of difference of who they are. Who
are they? Full disclosure.
Mr. Reid: The they is a Dr. Salvadore Benilia and his associates and this =
would be for a diagnostic center, the same, particularly Latin American
businessmen and tourists that would come here. Now we could use the proceeds
from this, the money is from the federal government, the proceeds come back
to us.
Mayor Ferre: See, Plummer's point is this, Jim: This is a big community,
you've got the University of Miami, you don't want to be stepping on the
toes of people that are working their tails off to do a lot of things and
all of a sudden we come out of nowhere with somebody who nobody even knows
who the hell he is trying to put together something. I'm all for it, it's
a great idea but I think you've got to make sure that we've talked to the
establishment of this town in the medical business - FIU....
Mr. Plummer: .... understand where the hell this is coming from. This
thing here, if we apply for tha UDAG Grant are we stuck with this proposal?
Mr. Reid: (1) Commissioner Plummer, the City Commission has to accept
any grant before it is operational by the City so you have that control.
This is simply a competitive application. The second thing is......
Mayor Ferre: Yes, but who is Benilia and why him and did you look around
for other alternatives?
Mr. Reid: Well, as you know, in a UDAG it has to be initiated by the pri-
vate sector.
Mayor Ferre: Okay, so they're initiating it.
Mr. Reid: They initiated it, yes, Mayor.
Mayor Ferre: Hey, we can't go wrong, the odds are 100 to 1 that we'll never
get it so what is the difference? If we do it will be the best thing that
can happen to this community. I just don't want to step on a lot of toes.
166 JA N 131983
rt
0
Mr. Gary: Plus you have an opportunity to deny it once the grant....
Mayor Ferre: Mr. Manager, do you recommend this?
Mr. Gary: Yes, sir.
Mayor Ferre: You looked at this personally?
Mr. Gary: Yes, sir.
Mayor Ferre: You're for it?
Mr. Gary: JYes, sir. It is just like Harbour Place, when you bring more
it is going to make more money for Jackson Memorial Hospital and everything
else.
Mayor Ferre: How can it be bad?
E Mr. Plummer: Well, I'll tell you how it could be bad. Okay? Did you read
this thing? You'd better read it. Let me tell you what you're turning over
to a private concern. You're turning over street level retail shops - no
negotiation of any price; administrative offices, laboratories, 36 doctors
offices and we don't even know who the hell these people are? No, no, no.
Mr. Reid: I'd like to clarify that. This is...... We're asking for.....
Mayor Ferre: Mr. Reid, you probably have a good idea but you know, you
can't do these things lickety split at the end of a meeting, only the Com-
missioners can do that.
Mr. Reid: The problem here is we can't apply again until April if we don't
get the approval.
Mayor Ferre: What's that?
Mr. REid: The window doesn't open again on these grants until April 30th.
Mayor Ferre: Hey, J. L., let's not lose an opportunity. We can always
change our mind.
Mr. Plummer: I've got a real problem when they start pulling these sneaky
petes and they don't even want to tell me who they are. Now I want to tell
you something. When did you put this together? According to the date it
is January 12, yesterday. Right? Answer my question, when did you know
about it?
Mr. Reid: Mr. Commissioner, the letter that we needed to put this appli-
cation together we received on January llth from Laventhal and Horowitz in
terms of the financial feasibility of this project. Nobody is trying to
do anything.....
Mr. Dawkins: Dr. Evelina came in here, who is doing this
sort of thing in the community and asked for money, why in the hell didn't
you think of trying to get her to get the grant for her?
Mayor Ferre: You're not going to get the votes, Jim. Do you have anything
else, Howard? You're going to have a split Commission at best.
Mr. Plummer: Fine, come around between now and April and you'll have
plenty of time to tell me all about it and then I'll think differently.
Mayor Ferre: You shouldn't come up with these things like that, you know.
Mr. Reid: Well, as I say, we had the information yesterday. Mr. Mayor,
could we have it subject to the Commission withdrawing approval like you've
done before.
Mayor Ferre: All right, I've got no problem with that, do you want to ap-
prove it subject to you giving final Okay after you've been convinced?
INAUDIBLE RESPONSE
Mr. Gary: The only thing is Evelina doesn't have
$10,000,000 to match this $3,000,000 - this guy has to come up with
$10,000,000.
167
II jj i
J b.
0 0
;L
Mayor Ferre: All right, what else have you got, Howard, before you lose
your quorum?
Mr. Gary: No, that's it.
Mayor Ferre: All right, we stand adjourned.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION,
THE COMMISSION ADJOURNED AT 7:55 O'CLOCK P.M.
ATTEST:
RALPH G. ONGIE
CITY CLERK
MATTY HIM
ASSISTANT CITY CLERK
r
MAURICE A. FERRE
M A Y O R
JAN 131983
RT
ITEM NO
4
DOCUMENT IDENTIFICATION
IkAl"IAMI
I AUTHORIZE CITY MANAGER TO ALLOCATE 512,500.00 TO
ERECT TENT OVER COCONUT GROVE EXHIBITION HALL WEST
COURTYARD AREA TO ACCOIINIODATE THE "FLORIDA VtTRSERYMrN
ASSOCTAT'ION'S UPCOMING CONVENTTON.
2 RECOIT,1E.ND TO FI.ORIDA LEGTSLATURE THAT A UTILITY TAX
BE IkfPOSED UPON ALL PRIVATE TELEPHONE SERVICES TO THE
SAME r\TENT AS IT CURRENTLY APPLIES TO SOL'TIiERN BrLL.
3 REQUEST CIT'N' kIeiNAGER TO STUDY POSSIBLE CITY-WIDE
OBSERVANCE OF DR. �1ARTIN LUTHER KING, JR.' S BIRTHDAY
ON' JANUARY 15111
+ I.STABLTSH ANNUAL SALARY OF .JOSE R. GARCIA-PEDROSA
-C I T'1' ATTORNFa'- AT $80, 608.00
5 DECLARE "L'NIFIrD DEVELOPMENT PROJECT" AS ?LOST
ADVANTAGEOUS METHOD. AUTHORIZE REOUEST FOR
PROPOSALS FOR A SPECIALTI' SHOPPING CENTER ADJACENT
T'O NIA'LNRINA TO BE KNOWN AS "BAYSIDr".
6 AI'THORIZI: AGRF,I:MrNT l•:ITH GARCES CO�r�IERCIAL COLLEGE FOR
AOB TRAINING SrRVTCI.S FOR CITY PARTICIPANTS IN THE
CUBAN-11ATTIAN ENTRANT IMPACT AIl) PROGRAM.
7 AUTHORIZE AGREEMENT WITH SER-JOBS FOR PROGRESS,INC.
PROVIDE JOB TRAIING SERVICES FOR THE CTTY' S
CO�iPRF.I'.rNSIVE .JOB TRAINING PROGRAM PARTICIPANTS.
8 ALITIIORIZ,1: LATIN CHAMBER OF COAL"IERCE OF THE U.S.A.
(CAMACQL) TO HOLD THEIR SECOND INTERNATIONAL GREAT
FAIR IN THE ORANGE BOWL ON FEBRUARY 3/13, 1.983.
9 CONFIRMING ORDERING RESOLUTION NO. 82-1.109.
AUTHORIZE, CLERK TO ADVrRTISE FOR SEALED BIDS FOR
CONSTRUCTION OF LITTLE RIVrR HIGHWAY IMPROVEMENT
11-44-82 IN DISTRICT H-4482.
Ifl WAIVE PROHIBITION OF CODE SECTION 2-302-AND
AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH
VINCE 17'. GRJIT11, JR. AS PROFESSIONAL. CONSULTANT
PRIMARILY IN CONNECTION WITH THE WORLD TRADE CENTER
TOI:'ER PROJECT. (SEE LATER FORMALIZING RESOLUTION
NO. 83-57-AT LABEL 96)
11 SELECTION LEON ROSENI3LATTT TO CREATE SERIES OF LARGE
PiOTOGRAPHIC MURALS FOR THE FIRE RESCUE TRAINING
FACTLITY-FIRE MUSEUM.
12 ALLOCATE $33,000.00 FO THE DADE COMMUNITY
REVITALIZATION BOARD TO HELP THEM TO CONTINUE THEIR
TASK OF SOLVING SOCIO-ECONOMIC PROBLEMS RESULTING
FROM THE CIVIL DISTURBANCE OF MAY 1980.
13 ACCEPT BID: FROM L.G.H. CONSTRUCTION CORPORATION FOR
COCONUT GROVE EXHIBITION IIALL-WEST COURTYARD ROOF
(2ND BIDDING) B-3196.
MEETING CAT-
January 13, 1983
COMMISSION
R-8 3- 5
R-83-6
R-83-1.4
R-83-15
R-83-17
R-83-18
R-83-19
R-83-20
R-82-22
R-83-57
R-83-24
R-83-25
R-83-26
RETR I E11A1
83-5
8 3-6
83-14
83-15
83-17
83-18
83-20
82-22
83-5,
83-2,
8 3-2
8 3-2
d Y-
WA a PAGE #2
CIA,
ETRIVAL
iTCM NO. DOCUMENT IDENTIFICATION C
_ _ ACTION-
CODE NO,_
14
15
16
17
18
19
20
21
2 .,
23
-.
'2 4
j
25
26
'7
t
28
ACCEPT BID: FRO;1 ALL HILL P},UMBING, INC. FOR HADLEY
PARK/MISCELLANEOUS I,IPROVE?TENTS/LIGHTING; SYSTEM.
ACCEPT BID FR0�1 TT*iCO L•'LECTRIC, INC. FOR H-Apl F.Y PARK
MISCELLANEOUS II`IPROVEMENTS/LT(;H'I'ING SYSTEM.
ACCEPT BID FROM M. }:.T. CONSTRUCTION, INC. FOR CI'T'Y 017
MIAMI/UNIVERSITY OF MIAMT/JAMI:S L. KNTGII'1' CONVEN'i'ION
CENTER/ENTRANCE CANOPY.
ORDI:RTNG RESOLUTION: GRAND AVENUE SIDiaWAI,K IMI'ROVEMI:NI'
}}-4483 DESIGNATE PROPERTY TO B1: ASSESSED
APPLICATION BY METROPOI,T'I'AN DADS COUNTY FOR
VACATION CLOSURE OF PORTION OF N. W. I S'T' COURT
BOUNDL•'D BY N.W. 8711 AND 9TH S'IR1:El' AND N.W.
1ST AVENUE AND N.W. 1ST COURT (T.P. 41182—
"DORS1--Y HEIGHTS".
APPROVE PERMTSSION TO CONSTRUCT AND OPERATC THE
"STAT}?—REGIONAL SERVICi: CENTER PHASE II IN
DO1,'NTO1,'N GOVERNMENT CENTER (40I-499 N.V.%
2ND AVENUF) .
CLAIM S}:7'1'I.I:MENI': WARREN AND ELT7,A 1•IO�TB},F.
CLAIN S171-11.I:MEN1': NOR'MA Mc l,EAN.
WASTE, COLLECTION LICF,NSES ISSUED TO:
DAN GALASSO WASTE SERVICE INC.
COASTAL. CARTING LTD. INC.
RAFAEL AND ROBERTO TRASH SERVICE
U.S. WASTE HAULING CORPORATION
AMERICARTING, INC.
EMERGENCY REPAIR OF ENGINE �5 BY RECHTIEN
INTERNATIONAL 'TRUCKS, INC.
PURCHASE: OF F1REFICHTERS TURNOUT CLOTHING UNDER A
METROPOLITAN DADE COUNTY CONTRACT WITH A11 D12F•.STERN
SAFETY MANUFACTURING COMPANY.
ACCEPTING, i111) PROM REN CHEMICAL. CORPORATION FOR
FURNISHING TWO CARPET CLEANING MACHINES.
AC(,I:I''1'ING BID FROM SIGNPRESS, DIVISION 017 DICK BLTCK
1711R FURNISHING ONE STCNPRINTING MACHINE.
ACCEPTING BID FROM 'PENNANT COMPANY FOR FURNISHING ONE
OUTDOOR VACUUM SWEEPER.
ACCEPTING fill) FROM XEROX CORPORATION FOR FURNISHING ONE
HIGH SPEED COPIER ON A LEASE CONTRACT TO THE
DI.PARTMENT OF BUILDING AND VEHICLE MAINTENANCE.
R-83-27
R-83-28
R-8 3—'2 9
R-8 3— 30
R-83-31
R-83-36
R-83-37
R-83-38
R-83— 39
R-83-40
R-83-41
R-83-42
R-83-43
R-83-44
R— 8 3-4 5
R-8 3-4 6
83-27
83-28
83-29
83-30
83-31.
83-36
83-37
83-38
8 3— 39
83-40
83-41
I�
I
83-42
83-43
83-44
8 3-4 5
83-46
-
'�1..=' -�.r rC UMNT'' N D
Y a
— L
1 DOCUMENT IDENTIFICATION1 1
29
30
31
32
33
34
35
30
37
38
39
40
41
12
43
44
ADDITIONAL PRINTING COSTS IN THE PREPARATION OF THE
CITY'S ANNUAL — "MIAMI/ITS GOVERNMENT" REPORT.
ACCEPTING BID: E-7.—GO DIVISION, TEXrl'RON FOR TEN
ELECTRIC GOLF CARTS.
14 DEEDS OF DEDICATION FOR HIGIWAY PURPOSES.
ACCEPTING BID FROM MARTIN VTLA AND ASSOCIATES,INC.
FOR GARMENT CENTER COMMUNITY DEVELOPMENT PAVING
PROJECT.
ACCEPT'TNG THE COMPLETED WORK FROM D.M.P. CORPORATION
FOR NORTHUESTERN DRAINAGE, PROJECT E-52.
WAIVE REQUIREMENT FOR FORMAL SEALED BIDS IN THE
FURNISHING OF 444 SOUAR1 WARDS OF SPECIAL CARPE'CING
17OR DEPARTMENT 017 CONFERENCES AND CONVENTTONS.
AGREEMENT WITH VINCI'. 1... CRI?i,l .JR. FOR PROFESSIONAL
CONSULTANT SERVICE PRIMARILY IN CONNECTION WITH THE
WORLD TRADE CENTER TOWER PROJECT.
(FORMALIZING OF PREVTOL'S MO'i'ION).
CONFIRM ELECTION OF JOHN I:. CARDNER AND STEVE DOLNICK
1*0 THE CITY OF MIAMI RETIRIEMENT BOARD OF GENERAL
EMPLOYEES.
AMEND R-77-480 WHICH CREATED "BUDGET REVIEW
COMMITTEE"/PROVIDING SUPPORT TO SATD COMMITTEE
AND REPEALING SEC. 9.
AMrN"D RESOLUTION 82-560 l%lITCH CREATED THE "CITY—WI.DE
COMMUNITY DEVELOPMENT ADVISORY BOARD" BY PROVIDING
FOR A CITY —COMMISSION APPOINTMENT OF A
REPRESENTATIVE FORM THE CITY'S GARTMENT DISTRICT.
APPOINT CERTAIN INDIVIDUALS TO THE CITY/IdIDE COM'MUNTTY
DEV171.OPMENT ADVISORY BOARD.
APPROVE AND DESIGNATE "COMMISSIONER MILLER J. DAWKINS"
AS CITY OF MIAMI'S REPRESENTATIVE ON THE "DADS/MIAMI
CRIMINAL. .JUSTICE COUNCII.".
APPOINT REVEREND WINSTON RUDOLPH AS CHAIRPERSON OF THE
"OVERTOWN BLUE RIBBON CO*IMTTTEF.": APPOINT INDIVIDUALS
TO SERVE AS MEMBrRS.
ESTABLISH A BLUE RIBBON COMMITTEE TO INVESTIGATE
RECENT CIVIL DISTURBANCE IN OVERTOWN AREA AND REPORT
TO COMMISSION ON CAUSES 'THEREOF.
APPOINT FULL—TIME OMBUDSMAN TO OVERTOWN AREA TO
PROVIDE. CO1•MUNICATION LINK WITH CITY GOVERNMENT.
APPROVE. POSITION PAPER OF ''SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM" ON PROCEDURES FOR
ESTABLISHING THE "SOUTH FLORIDA EMPLOYMENT AND
TRAINING CORSORTIUM/PR1VAT r INDUSTRY COUNCIL".
R-83-47
R-83-48
R-83-49
R-83-50
R-83-51
R-83-56
R-83-57
R-83-58
R-83-59
R-83-60
R-83-61
R-83-62
R-83-64
R-83-65
R-83-66
R-83-72
83-47
83-48
83-49
83-50
83-51.
83-56
83-57
0
83-58
0
83-59
83-60
83-61
83-62
83-64
83-65
83-66
83-72
A