HomeMy WebLinkAboutCC 1982-12-09 MinutesCITY OF MIAMI
COMMISSION
MINUTES
December 1982
OF MEETING HELD ON
PREPARED BY THE OFFICE OF THE CITY CLERK
z CITY HALL
\
�1
r;
RALPH G.. ONGIE
CITY CLERK.
0
It�
M�ISSIaJ FAmF�"W DA PAGE �i 1
cl;'
REG: 12/9/82 ORDINANCE0�
S1UCT sowTloN no, PAGE N0,
1
DISCUSSION ITEM: AMERICABLE AND TCI DEFERRAL OF ITEM
"D" TO•DECEMBER 16TH, DEFERRAL OF ITEM "B" TO
JANUARY 13TH
DISCUSSION
1-6
2
RESOLUTION CONCERNING SECURITY DEPOSITS ON RENTAL
PROPERTY.
R-82-1081
7-8
3
RESOLUTION OF CONDOLENCES TO THE FAMILY OF D.E.A.
AGENT ARIEL RIOS.
R-82-1082
9
4
TWO BRIEF DISCUSSION ITEMS:
$1 MILLION DOLLARS LOAN TO LITTLE HAVANA STATUS REPORT;
AND
GRANT TO OFFICE OF COMMUNITY SERVICES
DISCUSSION
9-10
5
DISCUSSION OF CLOSING OF REST ROOMS AND PUBLIC PARKS
DURING BASEBALL ACTIVITIES.
M-82-1083
10-11
6
DISCUSSION OF BEAUTIFICATION AND TRADE MART FOR
DESIGN DISTRICT OF THE CITY
M-82-1084
12-14
7
DISCUSSION ITEM: FELLOWSHIP OF ATHLETES' PRAYER
BREAKFAST, BAYFRONT PARK AUDITORIUM
M-82-1085
14-17
8
DISCUSSION,OF SELECTION OF BANDS PERMITTED TO MARCH
IN THE OkNGE BOWL PARADE.
M-82-1086
18-20
9
DRIFF DISCUSSION ITEM: POSSIBLE DESIGN OF NEW SIGN TO
IDENTir,Y CITY HALL ON SOUTH BAYSHORE DRIVE.
DISCUSSION
21
10
BRIEF DISCUSSION AND TEMPORARY DEFERRAL: R-5A
ZONING (SEE LABEL # 31)
DISCUSSION
21-22
11
DEPARTMENTAL REVIEW: DEPARTMENT OF DATA PROCESSING
DISCUSSION
22-28
12
AUTHORIZE PROFESSIONAL SERVICES AGREEMENT "ARMAC"
FOR DEPARTMENT OF COMPUTERS.
R-82-1087
28-29
13
APPROVE PROJECT FOR A MOBILE CITIZEN SERVICE OFFICE
M-82-1088
29-31
14
APPROVE EXPANSION OF CITY SINGLE FAMILY RESIDENTIAL
REHABILITATION LOAN PROGRAM.
R-82-1089
32-33
15
CONSENT AGENDA
33
15.1
BID ACCEPTANCE: SOUTHERN ATHLETICS AND FITNESS
EQUIPMENT, INC. INSTITUTIONAL SALES CORPORATION AND
UNIVERSAL GYM FOR EQUIPMENT FOR THE DEPARTMENT OF
FIRE, RESCUE AND INSPECTION SERVICES.
R-82-1090
33
15.2
BID ACCEPTANCE: ANTHONY ABRAHAM CHEVROLET, INC. FOR
1983 VAN FOR DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES.
R-82-1091
33
15.3
BID ACCEPTANCE ENFIELDS MIAMI PHOTO, INC. FOR MICROFILM
READER -PRINTER FOR DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES.
R-82-1092
34
15.4
BID ACCEPTANCE. DIETCRAFT, INC. FOR PRE-SCHOOL FOOD
PROGRAM FOR DEPARTMENT OF RECREATION.
R-82-1093
34
15.5
BID ACCEPTANCE: TARGET TRAILER, INC. FOR TWO MACHINERY
TRAILERS FOR DEPARTMENT OF BUILDING AND VEHICLE
MAINTENANCE.
R-82-1094
34
It
61
Y, NO$
15.6
15.7
15.8
15.9
15.10
15.11
15.12
15.13
15.14
15.15
15.16
15.18
15.19
15.20
15.21
rr
' 15.22
.IND(
CITY1'clorlUSSIdTffi Amm F
REG: 12/9/82 SUCT
BID ACCEPTANCE: MEDICAL COMMUNICATIONS AND INSTRUMENT*
ATIONS, INC. FOR ONE MEDICAL COMMUNICATIONS AND
IELEMETRY CONSOLE FOR DEPARTMENT OF BUILDING
AND -VEHICLE MAINTENANCE
AUTHORIZING SALE: DISPOSAL BY SALE OF THREE MOTOR
VEHICLES TO PUERTO PLATA, DOMINICAN REPUBLIC.
WAIVE BID REQUIREMENTS: AUTHORIZE PURCHASE OF
MATCHER SUBSYSTEM FOR AUTOMATED FINGERPRINT SYSTEM
FROM PRINTRAK, INC.
BID ACCEPTANCE: JULES BROTHERS UNIFORMS, INC. FOR
UNIFORMS FOR DEPARTMENT OF POLICE.
BID ACCEPTANCE DIVERS DEN SOUTH FOR WETSUITS AND
BOOTS FOR DEPARTMENT OF POLICE.
BID ACCEPTANCE: BUFFALO ROCK SHOOTERS, OAKS WHOLESALE
DISTRIBUTORS AND SOUTHERN GUN DISTRIBUTORS FOR
AMMUNITION FOR THE DEPT. OF POLICE.
BID ACCEPTANCE: THOMAS MAINTENANCE SERVICES, INC. FOR
CUSTODIAL AND MAINTENANCE SERVICES TO OFFICE OF
AUDITORIUMS.
BID ACCEPTANCE: EASTMAN KODAK COMPANY AND ENFIELD 3M
BUSINESS PRODUCTS FOR MICROFILM EQUIPMENT FOR OFFICE
OF PENSIONS.
BID ACCEPTANCE: MIRIAM V. MORALES, M.D. FOR RADIOLOGY
SERVICES FOR DEPARTMENT OF HUMAN RESOURCES
BID ACCEPTANCE: FRAIN SERVICES OF FLORIDA FOR
SECURITY GUARD SERVICES FOR OFFICE OF STADIUMS.
BID ACCEPTANCE: QUALITY CHEMICAL COMPANY FOR THREE
FLOOR SCRUBBERS TO DEPARTMENT OF CONFERENCES AND
CONVENTIONS.
BID ACCEPTANCE: DIMENSIONS AND DESIGNS, INC. FOR SIX
LECTERNS TO DEPARTMENT OF CONFERENCES AND
CONVENTIONS.
BID ACCEPTANCE: NATIONAL LIFT TRUCK SERVICES FOR LIFT
TRUCK AND BATTERY CHARTER FOR DEPARTMENT OF
CONFERENCES AND CONVENTIONS.
AUTHORIZE PURCHASE: PAN AMERICAN CONSTRUCTION COMPANY
TO SUPPLY 23,000 TONS OF ASPHALTIC CONCRETE TO DEPT.
OF PUBLIC WORKS
ORDERING LITTLE RIVER HIGHWAY IMPROVEMENT H-4482
AND DESIGNATING PROPERTY ASSESSMENTS.
AMEND RESOLUTION RE: CONSTRUCTION CRESTWOOD SANITARY
SEWER IMPROVEMENT AND REDUCING TOTAL ASSESSMENT
COST.
DIRECT CITY CLERK re: NOTICE OF PUBLIC HEARING ON
ACCEPTANCE OF COMPLETED CONSTRUCTION OF MANOR HIGHWAY
IMPROVEMENT PHASE I.
PAGE # 2
tsI WCE OR
owi m No. IPAGE NO,
R-82-1095
R-82-1096
R-82-1097
R-82-1098
R-82-1099
34
34
35
35
35
R-b2-1100 135
K-b L-liul
R-82-1102
R-82-1103
R-82-1104
35
35
35
36
R-82-1105
36
R-82-1106
36
136
R-82-1107
R-82-1108
37
R-82-1109
7
R-82-1110
7
JR-82-1111
37
15.23
15.24
15.25
]5.26
15.27
15.28
15.29
15.30
15.31
16
17
18
19
20
21
F404
23
24
'IMD(
CIYW1SS(OMMDD4
REG: 12/9/82 &UCT
BID ACCEPTANCE: P.N.M. CORP. BUENA VISTA HIGHIJAY
IMPROVEMENT. PHASE I. H-4475.
BID'ACCEPTANCE: L.G.H. CONSTRUCTION CORPORATION
FOR REDEVELOPMENT OF CHARLES HADLEY PARK.
AUTHORIZE INCREASE IN CONTRACT. MET. CONSTRUCTION
INC. FOR ORANGE BOWL CONSTRUCTION.
RESCIND RESOLUTION FOR CONSTRUCTION OF SIMON BOLIVAR
PLAZA.
ACCEPT COMPLETED WORK: ERE CONSTRUCTION CO. FOR S.E.
4TH STREET PAVING PROJECT.
ACCEPT COMPLETED WORK: RUSSELL, INC. FOR MODEL
CITIES COMMUNITY DEVELOPMENT STREET IMPROVEMENTS
(DRAINAGE)
ACCEPT COMPLETED WORK: MORRISON COMPANY FOR DORSEY
PARK DEVELOPMENT AND RENOVATIONS.
RATIFYING, CONFIRM CITY MANAGER'S ACTION IN
E.0 CUTING AGREEMENT BETWEEN CITY OF MIAMI AND INTER-
AMERICj%N TRANSPORT EQUIPMENT CO.
RATYFYING, CONFIRM CITY MANAGER'S ACTION IN
EXECUTING AGREEMENT BETWEEN CITY OF MIAMI AND STATE
OF FLORIDA SALESMEN ASSOCIATION.
AUTHORIZE TEMPORARY CLOSING OF STATE ROAD 5,
BISCAYNE BOULEVARD FOR THE GRAND PRIX AUTO RACE.
.ALLOCATE $124,828 TO FUND DEFICIT IN GUSMAN HALL-
OLYMPIA BUILDING ENTERPRISE FUND.
AUTHORIZE PROFESSIONAL SERVICES AGREEMENT E.H.
FRIEND AND COMPANY FOR EXPERT ASSISTANCE IN PENSION
MATTERS.
AUTHORIZE LEASE AGREEMENT: COCONUT GROVE FAMILY
CLINIC FOR OPERATION OF MEDICAL CLINIC IN
ELIZABETH VIRRICK PARK.
AUTHORIZE AGREEMENT: CONTINUED OPERATION OF AFRICAN
SQUARE PARK.
AUTHORIZE AGREEMENT: UNIVERSITY OF MIAMI EMERGENCY
MEDICAL SERVICES PROVIDED BY THE RESCUE DIVISION
-FIRE DEPARTMENT -
AUTHORIZE AGREEMENT: SERNIOR COMMUNITY SERVICE
EMPLOYMENT PROGRAM AND NATIONAL ASSOCIATION FOR
HISPANIC ELDERLY
AUTHORIZE EXTENSION OF AGREEMENT: LAW FIRM OF
ARNOLD AND PORTER -CABLE T.V.
CLAIM SETTLEMENT. JORGE AND SARAH GONZALEZ.
OAGE # 3
tDINANCE
OR
SOLUTI M NO,
R-82-1112
R-82-1113
R-82-1114
R-82-1115
R-82-1116
R-82-1117
R-82-1118
I R-82-1119
R-82-1120
R-82-1121
R-82-1122
R-82-1123
R-82-1124
R-82-1125
R-82-1126
R-82-1127
it
R-82-1128
i
R-82-1129
PAGE NC
38
38
38
38
39
39
39
1 39
39
40
40-41
1 41-42
42
43
44
45
46
47
4A
AR E
CliY�O�M�i1SS1QJ �FLMIAMI, FLORIn4
.Nor
INO.
REG: 12/9/82 &UCT
2S
CLAIM SETTLEMENT: MARILYN LIFSET.
26
APPOINTMENT OF PERSONS TO THE COMMUNITY DEVELOPMENT
ADVISORY BOARD; SEE LATER FORMALIZING RESOLUTION NO.
82-1149 (LABEL 55).
27
PLAQUES, PROCLAMATIONS, CONDOLENCES AND
SPECIAL ITEMS
28
CONFIRM ASSESSMENT ROLL: COCONUT GROVE BUSINESS AREA
HIGHWAY IMPROVEMENT H-4408.
29
CONFIRM ORDERING RESOLUTOIN: KINLOCH SANITARY
SEWER IMPROVEMENT SR-5485—C.
30
CONFIRM ORDERING RESOLUTION: KINLOCH SANITARY
SEWER IMPROVEMENT SR-5485—S.
31
PUBLIC HEARING AND FIRST READING ORDINANCE:
REVISION TO R-5A ZONING DISTRICTS. (SEE LABEL
—
NO.10)
32
CONFIRM REAPPOINTIIENT OF DIANNE SAULNEY TO THE OFF—
STREET PARKING BOARD.
33
CONFIPM:REAPPOINTMENT OF H. GORDON WYLLIE TO THE
OFF—STREET PARKING BOARD.
34
CONFIRM NOMINATION OF LESLIE PANTIN, SR. TO SERVE
AS A MEMBER OF THE OFF—STREET PARKING BOARD.
35
AMEND CHAPTER 62 ENTITLED ZONING AND PLANNING
ENTITLED ZONING FEES: PROVIDING FOR LAND USE
APPLICATION FEE REDUCTIONS UNLER CERTAIN CIRCUMSTANC
36
SECOND READING ORDINANCE: AMEND CHAPTER 22 OF THE
CODE ENTITLED "GARBAGE, TRASH AND RUBBISH"
BY INCREASING THE FEES.
37
PUBLIC HEARING AND SECOND READING ORDINANCE: AMEND
SECTION 18-73 OF THE CODE ENTITLED "MINORITY
PROCUREMENT PROGRAM"; PROVIDE FOR 50% SET ASIDE
FOR MINORITY CONTRACTORS.
38
DISCUSSION ITEM AND DEFERRAL OF CONSIDERATION OF
_
TRANSFER OF TAFT BROADCASTING STOCK TO T.C.I. SO THAT
ALL PARTIES MAY BE PRESENT.
39
PERSONAL APPEARANCE: DAN PAUL RE: REMOVAL OF TREES
IN BAYFRONT PARK IN PREPARATION OF THE GRAND PRIX
AUTO RACE.
40
FIRST READING ORDINANCE: AMEND SECT. 36-11 OF CHAPTER
36 OF THE CODE ENTITLED NOISE —"MANUFACTURE, SALE
AND DISCHARGE OF FIREWORKS."
+*
41
FIRST READING ORDINANCE: AUTHORIZE ISSUANCE NOT TO
EXCEED $65,000 000. MULTI FAMILY HOUSING REVENUE
BONDS FOR THE CITY OF MIAMI, FLORIDA.
PAGE # 4
rINANCE0R
OWTIM NO, PAGE N0,
R-82-1130 47-4F
M-82-1131
DISCUSSION
R-82-1132
R-82-1133
R-82-1134
[RST READING
R-82-1135
R-82-1136
R-82-1137
; ORD. 9528
I ORD. 9529
ORD. 9530
M-82-1138
M-82-1139
48-52
53
54
55
56
57-74
74
75
ftl:
75-76
76-78
78-86
87-10
105
111-115
FIRST READING 1 115-119
FIRST READING 1 120-121
r
i 1M NO.
42
43
44
45
46
47
48
49
50
51
52
g
53
54
55.1
s
56
Ifs](
CITYI��TIISSIQURAh11. F1.ORIM
REG: 12/9/82 SLUCT
APPROVE RECOMMENDATION OF FIRM NUMBER ONE AS
SUBMITTED BY THE ADMINISTRATION FOR RENOVATION
OF BUILDING "A" OF THE MANUEL ARTIME COMMUNITY
CENTER.
AUTHORIZE AGREEMENTS WITH SCHOOL BOARD FOR VOCATIONAL
JOB TRAINING SERVICES AT PUBLIC SCHOOLS,
SECOND READING ORDINANCE: NEW TRUST AND AGENCY FUND
"APPRENTICESHIP PROGRAM FY'83"; "COMPREHENSIVE JOB
TRAINING PROGRAM FY'83"; "OVERTOWN JOBS PROGRAll FY'
83"; AND "TRAINING FOR INDEPENDENT LIVING FY'83",
SECOND READING ORDINANCE: AMEND SECTION 54-3
OF THE CODE; INCREASE FEE FOR APPLICATION OF PERMIT
TO OBSTRUCT STREETS OR SIDEWALKS OR
IMPEDING TRAFFIC.
SECOND READING ORDINANCE: AMEND SECTION 54-6
OF TEH CODE; INCREASE FEE FOR APPLICATIONS FOR PERMIT
FOR PARADES AND PROCESSIONS.
AUTHORIZE AGREEMENT SYNTERRA VIRGINIA KEY RESOURCE
AGREEMENT FOR ENGINEERING SERVICES.
EMERGENCY ORDINANCE: MAKING APPROPRIATIONS FOR
CAPITAL IMPROVEMENTS FY' 82183.
INSTRUCT CITY MANAGER TO DOUBLE THE PACE TO COMPLETE
SEWERING OF THE ENTIRE CITY IN A PERIOD OF THREE
TO FOUR YEARS.
APPROVE MIAMI CAPITAL IMPROVEMENT PROGRAM FROM 1982
TO 1988.
INFORM METRO THAT WE INTEND TO TAKE CREDIT FOR PAST
CONTRIBUTIONS FOR LAND FOR METRORAIL PRIOR
TO TRANSFER REQUESTED ON THIS AGENDA.
RATIFY, APPROVE, AND CONFIRM AGREEMENT; RICHARD
B. HORROW, INTERIM CONSULTING SERVICES RE:
ONE CENT SALES TAX ISSUE.
APPOINT REVEREND JIM McCARTNEY AS REPRESENTATIVE
OF BISCAYNE COLLEGE ON MIAMI CABLE ACCESS CORPORATION
BOARD OF DIRECTORS.
AUTHORIZE LEASE OF PHOTOCOPIER EQUIPMENT FOR THE
LAW DEPARTMENT.
FORMALIZING RESOLUTION APPOINTING NINE PERSONS
TO THE COMMUNITY DEVELOPMENT ADVISORY BOARDS.
PLAYERS STATE THEATRE BI-LINGUAL PLAY.
REQUEST ASSISTANCE. (REFERRED TO THE CITY MANAGER).
EXTEND FILING PERIOD FOR APPOINTMENTS TO THE PLANNING
ADVISORY BOARD AND ZONING BOARD TO JANUARY 13TH
WITH COMMISSION ACTION TO BE TAKEN ON JANUARY 27TH.
PAGE #
5
PAGE N0.
rR�sINANCE
owTi ay�it o.
R-82-1140
121-127 i
R-82-1141
127
ORD. 9531
ORD. 9532
ORD. 9533
R-82-1142
ORD. 9534
M-82-1143
R-82-1144
1 M-82-1145
1 R-82-1146
R-82-1147
R-82-1148
R-82-1149
DISCUSSION
1 M-82-1150
128-129
129-130
130-131
131-132
132-133
133-134
134-135
1135-136
1 136
137
137-138
138-139
139
1139-140
6
INEX
CI4'O0ni1SS]df0F M1AM1, FLORID4
PAGE # 6
1TEM ND.
St�,JECT
REG: 12/9/82
ORDINANCE o�
KKEESOLUTIay 0,
PAGE N0,
57
MOTION DECLARING THAT THE COST OF THE DECEMBER 14,
1982 CITY OF MIAMI ELECTION SHALL BE PAID FROM
PROCEEDS OWNED TO THE CITY OF MIAMI BY JOE ROBBIE FO
-
THE USE OF THE ORANGE BOWL STADIUM.
M-82-1151
140
58
FORMALIZING RESOLUTION ALLOCATION OF IMMS FOR
CHRISTMAS PARTY FOR LITTLE HAVANA ACT1VTqIF,SCENTER
TO BE HELD AT COCONUT GROVE EXHIBITION CENTER.
R-82-1152
141
6
6
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 9th day of December, 1982, the City Commission
of Miami, Florida met at its regular meeting place in the
City Hall, 3500 Pan American Drive, Miami, Florida in regular
session.
The meeting was called to order at 9:22 O'Clock A.M. by
Mayor Maurice A. Ferre with the following members of the
Commission found to be present:
Commiaa.ionet Mitten J. Dawkina
Comm.ias.ionen Demetkio Petez, Jn.
CommiAs.ionelt Joe Cahotto
Vice -Mayon J. L. Pt ummen, Jn.
Mayon Mauh.ice A. Pet4e
ALSO PRESENT:
Howard V. Gary, City Managers
Jose Garcia-Pedtosa, City A-t.tohney
Ratph G. Ong.ie, City CQetk
Ma-t.ty H.iha.i, Assistant City Cte,%k
An invocation was delivered by Vice -Mayor J. L. Plummer, Jr.
who then led those present in a pledge of allegiance to the =
flag. —
On motion duly made and seconded, the minutes of the meetings of September
10 and October 14th were approved.
1. DISCUSSION ITEM: AMERICABLE AND TCI DEFEPJtAL OF ITDi "D" TO
DECEMBER 16TH, DEFERRAL OF ITEM "B" TO JANUARY 13TH.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: If I may, Items "D" and "E", I am asking to be withdrawn to the
next meeting.
Mayor Ferre: Items "D" and "E"?
Mr. Gary: Yes, sir.
Mayor Ferre: By next meeting, you mean December 16th meeting?
Mr. Gary: I want one of them to be December 16th, and that is...
Mayor Ferre: Tell me which is which.
Mr. Gary: I want "D" to be December 16th.
Mayor Ferre: December 16th will be "D". Put it on the microphone, your name
and address, who you represent and what you want.
Sen. Ken Meyers: Kenneth M. Myers, 1428 Brickell Avenue, Miami, Florida.
Mayor Ferre: Your name sounds familiar. �Tsn't there a park of something
named after you?
1d 01 DEC 9 1982
Sen. Meyers: Well, that is what I heard! We represent Miami Cable Vision, the
licensee of the Cable Television System under your ordinance. Mayor, as I ad-
vised you earlier this morning, the loan closing (and the City Manager is aware
of it) has to be closed before the end of the year. It is imperative that the
Commission consider the approval of the granting of the security interests,
which is part of the closing of the loan, by the next meeting. I was ready this
meeting. The City Attorney says they have some problems and are willing to sit
down and try to work them out with them, because they don't appear to be major
problems in wording. The only thing that I ask of you is that all items related
to this (I think there are only two), that all items related to the approval of
the loan be brought up on December 16th.
Mr. Gary: I support that, Mr. Mayor.
Sen. Meyers: That is the only way.
Mr. Dawkins: I don't support it at all because by the 16th I will not have
time to go through - T.C.I., I have been through this with them. I have a
problem with their Affirmative Action. I want to defer this until January
when I have had time to study whatever you and the Manager...I want to defer
it until January.
Sen. Meyers: Mr. Commissioner, this doesn't relate to the —what you are think-
ing it relates to.
Mr. Dawkins: I don't care! I want to defer it until January until I have had
time to understand what you and Mr. Gary have worked out among yourselves.
Sen. Meyers: Commissioner, this doesn't relate to that past transfer. This
relates to another matter.
Mr. Dawkins: I don't care. Look, I am a slow learner, but I am not retarded.
Mr. Plummer: Senator, it is a very intelligent attorney and senator who knows
when a Commissioner says "no".
Mayor Ferre: Well, you heard one of the Commissioners. Now what, Mr. Manager?
Mr. Gary: I would ask the City Commission to consider this item on December
16th, and I understo6ad the concern that Commissioner Dawkins has, but I think
it is imperative that we take into consideration the consequences of us not
reviewing this on December 16th in terms of their ability to get financing
in this tight market.
Mr. Dawkins: Mr. Gary, let mt tell you something. I have been sitting here
for one year, going through this ,:Ith you, T.C.I., Hermanowski, and everybody
else and for one year I have been telling you people that the Black community
has not got a damn thing from the cable TV, and I am telling you now I will
not discuss this, I don't want to hear it, I don't no parts of it until some-
body from T.C.I. sits down and shows me in writing, what the Black community
is going to get. Now, you are asking me, just because they come up here and
say they have got a problem, which they knew good and well they had all year
long and they have yet to come and discuss it with me or show me what they
are doing. I want to defer it until I have been satisfied that they have got
an Affirmative Action that I am with. Now, maybe I am overruled, but that is
my wish.
Mayor Ferre: You are not going to be overruled by me.
t Mr. Plummer: Well, Commissioner Dawkins, for the sake of them understanding
well, I would suggest, so if it is possible we can discuss it, that we sche-
dule it. Schedule it. Give them seven days to come speak with you and if
they don't, on the sixteenth, we reschedule it.
Mayor Ferre: Now, Mr. Vice -Mayor, let me tell you
the way we have always
done these things here because of legal procedures,
you know better than I
do. The Manager scheduled this item to be
heard.
The Manager has a legal
p right to schedule anything he wantg. Now,
the Commission can do anything it
wants about what the Manager has scheduled
once it
comes before us, but I can-
not deny the Manager the right to schedule
this whenever he wants to schedule
it. Now, whether or not we vote on it, or
at that
time we vote it down, or
IF
ld
DEC 91982
6
there is a motion to defer it beyond that point, is something that this Commis-
sion in its majority can do, but we cannot deny the Manager the right to sche-
dule this or any other item that he wants to.
Mr. Plummer: We cannot deny the Manager the right to schedule. We can deny
the Manager.
Mayor Ferre: And you can also deny the item once it comes before you, but I
can't tell you, and Miller can't and none of us can say what the Manager can
and cannot schedule. I have been through this before, as you may recall and '
I was overruled by the City Attorney when he specifically told me that under
the Charter, it is the Manager who sets the schedule of what is heard. Now, �—
I, or any three members of the Commission can call a Special Commission meet-
ing on an issue, but I cannot deny the Manager the right to put something on
this agenda.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: We will accomodate the regL�est of Commissioner Dawkins by myself
and members of the cable company.
Mr. Dawkins: I don't want to hear anything from you, Mr. Manager. I want to
hear it from the cable company.
Mr. Gary: I will have...
Mr. Dawkins: I get tired of you coming co me with solutions.
Mr. Gary: Yes, sir.
Mr. Dawkins: Let the cable company come to me with a solution.
Mr. Gary: I will direct the cable company to come to you with solutions. by
themselves. ,
Mr. Dawkins: Okay, thank you.
Mayor Ferre: All right now, Mr. Manager, as I understand now what we are doing,
is you have requested that Item "D" be deferred until December 16th and all re-
lated items and Item "E" also be deferred to January.
Mr. Gary: January, yes, sir. And I would also, Mr. Mayor...
JMayor Ferre: By the related item, Item 41, I assume.
Mr. Gary: Yes.
Mayor Ferre: Do you want that deferred too?
Mr. Gary: No, that is not 41.
Mayor Ferre: It is Item 30.
Mr. Gary: Yes, sir.
Mr. Carollo: Is that going to be deferred also? .
Mr. Gary: No, that is not being deferred.
Mr. Carollo: Okay, well, if it is not going to be deferred, then I would like
for the T.C.I. people to have some answers to the following questions for this
afternoon.
Mr. Plummer: Joe, which are you talking, to the one about the transfer, or
the one in the retaining of the attorney?
.
Mr. Carollo: I am talking about the transfer.
Mr. Plummer: The transfer.
.03
ld DEC 91982
Mr. Carollo: That is Item 30.
Mr. Plummer: Okay.
Mr. Carollo: The questions that I have and I would like some kind of answer
for, when then come back in the afternoon, are the following questions:
Number one, what is T.C.I.'s equity position in the Miami Cable system% Have
they been, or are they now presently behind in their commitments, financial
commitments, in any way, shape or form?
Mr. Gary: I'm sorry, I didn't get that second question.
Mr. Plummer: Are they behind in financial obligations.
Mr. Gary: Oh, are they behind?
Mr. Carollo: In other words, are both partners coming forth with the equal
burden that they both should share. That is Number one. Number two...
Mayor Ferre: (INAUDIBLE)
Mr. Carollo: Number one is what is T.C.I.'s equity position?
Mayor Ferre: T.C.I.'s executive...?
Mr. Carollo: No, equity.
Mayor Ferre: Equity. T.C.I.'s equity.
Mr. Plummer: You are speaking of equity in the franchise.
Mr. Carollo: That is correct.
Mr. Plummer: You are looking for a percentage?
Mr. Carollo: Thp complete financial percentage they both have come forward
with. '
Mr. Plummer: Okay.
Mr. Carollo: What I am looking for is, have they both been putting the same
financial amount into the system? Or, has one partner been putting more than
the other? And the following question that I have is, which are the banks
that have been arranging the financing for the system. Have they been T.C.I.'s
lending institutions, or have they been Americable's lending institution?
Mayor Ferre: That is the first question.
-
Mr. Carollo: And, if so, why have the banks that have been used, been used?
-_
If they had been Americable's or T.C.I.'s, why have they used those instead of
the others?
_
Mayor Ferre: All right, what is your second question?
Mr. Carollo: That is all. That was the second question.
Mayor Ferre: Oh, those are the questions. In other words, you wanted a break-
down of the equity as to who owns what stock, and secondly, with regards to _
the financing, who has arranged the financing, what banks, and whose banks are .
they.
Mr. Carollo: You are correct on the second one and the first one, what I am
getting at is, on the monies that have been put forth by both partners, I want
to know if both partners have put forth the same equal amount, or has one put
more than the other.
Mr. Plummer: Mr. Manager, I also asked a question, for which l have not re-
«'
ceived, but I will give a little bit more notice, hopefully this afternoon
there will be an answer. My question before, which I do not have an answer,
I want to know whar remains of a relationship between T.C.I. and Knight-Ridder.
.04 DEC 91982
mt
And the reason I want to know that is because of that duo, that combination
made application in Tampa, Florida for the cable franchise there. I won't
go in and expa•.id at this point, unless I have to, but out of four companies
that applied the combination of T.C.I., Knight-Ridder came in fourth out of
four. I have other information why they were fourth when they should have
been f'fth, but there were not five companies applying and that concerns me
greatly, when a company obviously made a very, very poor showing, so I want
to know if that relationship still exists, and to what extent.
Mr. Carollo: Let me say this, J. L., I don't think you are going to get a
truthful answer ever from T.C.I.'s people on the subject. You recall long
before the different cable companies submitted their applications, we were
able to find out after the fact, that in fact, Knight-Ridder of the Miami
Herald was negotiating all through that time with T.C.I., and my...
Mr. Plummer: The way my question is phrased here is an easy answer. It is
whether or not there is still an association existing between Knight-Ridder
and T.C.I. That is what I am really trying to get to.
Mayor Ferre: All right, we are now getting ready to go into pocket items.
Mr. Perez: I have a question that I want to ask to this same issue. Mr. Manager,
could I get information about what would be the future established for the
security fund of $2,000,000 that they have in this issue? I would like to
have legal interpretation of the Part "I" of the contract and I would like to
know what would be the future established with that $2,000,000 deposit.
Mayor Ferre: I'll tell you, I think we oug'?t to get that clarified and not
let a cloud like that hang over us. The specific question, as I understand
it, is that there is a clause in the contract, which specifically says there
is a penalty for the transfer of the system for a five year period,
so the specific question is, in the transfer of stock, which is substantial
in nature, is there a forfeiture of the $2,000,000 penalty clause. Is that
what the question is?
Mr. Perez: Yes..
Mr. Plummer: Mr. Mayor, I don't want to let the City Attorney goof off for
the rest of the day. I would like to direct a question to him. Mr. City At-
torney, if in fact, this Commission this afternoon does not approve the trans-
fer, then what?
Mr. Garcia -Pedrosa: Well one or two things could happen.
Mr. Plummer: No, you can give me the answer this afternoon. I just proffer
the question.
Mayor Ferre: So this is the second legal question that has been asked. Now,
are there any other matters dealing with T.C.I., Americable, the cable license,
or any related matter to this cable? Yes, sir?
Sen. Meyers: Well, Mayor, I would simply like to get a confirmation that
Item "D" is totally unrelated to what you all have been talking about.
Mayor Ferre: Senator, that has already been resolved.
Sen. Meyers: It has been postponed? Has that been postponed then?
Mayor Ferre: Yes, sir. It will be on the December 16th agenda. Mr. Manager,
would you put it on as first on the agenda?
Mr. Gary: Yes, Mr. Mayor.
Mayor Ferre: All right, sir... related to this question.
ld .05 DEC 91982
0
6
Mayor Ferre: All right, sir - related to this question?
Mr. Julius Friedman: Yes, sir very definitely. My name is Julius Friedman.
I an a lawyer. I have been practicing law in Dade County since 1938. I repre-
sent a litigant engaged in a lawsuit of record in the Circuit Court for breach
of contract and for specific performance. But, I am not in here strictly in
that respect, but as a member of the public of Dade County since 1919, it would
appear to me that any action on any petition or request brought by the licensee
should be deferred until the City Manager has filed a complete and total and
full report in all respects of the part and terms of the licensee and the li-
cense to be kept and performed. I suggest that the licensee is seriously in
default of its contract with this city, and that the public is entitled to
have a full and complete report from the City Manager of record as to the
standing of the licensee in respect to performance of the terms and conditions
of the contract on its part to be kept performed. You cannot, and should not
consider any matters unless...
Mayor Ferre: Mr Friedman...
Mr. Friedman: Just a minute.
- Mayor Ferre: No, sir. You wait a minute. This is an item that will be dis-
cussed at the proper time when item 30 comes before us. It is not before us
at this time. Out of courtesy to you I acknowledged you, because I did not
know what you had. With reference to this, this will be heard this after-
noon in its due course.
ld
Mr. Friedman: Well, there was a matter that I just...
Mayor Ferre: See, you are arguing Item 30, Mr. Friedman.
Mr. Friedman: No consideration of a date. Now Item...
Mayor Ferre: Mr. Friedman, I am ruling you out of order. You can come back
and I will recognize you at the appropriate time to make an appropriate state-
ment and you can repeat this statement this afternoon.
Mr. Friedman: Well, we just had an item come up which you set a date over
Commissioner Dawkin's protest to be considered again on December 16th. I do
not think that the Commission...
Mayor Ferre: Mr. Friedman...
Mr. Friedman: Just a minute.
Mayor Ferre: Mr. Friedman, you wait a minute, sir. You are ruled out of
order. Would you please sit down.
Mr. Friedman: Are you ordering me?
Mayor Ferre: I am, sir.
Mr. Friedman: All right, we will take that up later.
Mayor Ferre: Fine. Thank you, sir. Let me review where we are. We will be
taking up Item 30 this afternoon, and at that time I will recognize anybody
who wishes to speak on that particular item. Now, there are two legal ques-
tions that have been posed to the City Attorney. Are there any other items
that are legal in question that have not been posed at this time by the mem-
bers of the Commission. Are there any other questions with regards to Item
"D"? If not, we are now on pocket items.
-- --------------------------------��----------------------------------------
NOTE FOR THE RECORD: Agenda Items 12, 53 and 57 withdrawn by City Manager.
----------- ----------- ----------------��------
06
DEC 91982
2. RESOLUTION CONCERNING SECURITY DEPOSITS ON RENTAL PROPERTY.
i
I
Mr. Perez: I have several pocket items, Mr. Mayor. One of the items I have
is Mr. Presiliano Falcon and Carlos Rodriguez-Quesada. They are present here.
Mayor Ferre: Mr. Presiliano Falcon and Carlos Rodriguez-Quesada.
Mr. Perez: If possible, I would like ... it is in reference to Item "C", that
is, they want to promote a resolution expressing our concern to the State
government.
Mayor Ferre: Item "C"?
Mr. Perez: I would like, if it is possible, to have this resolution and
give these people the opportunity to express their own point of view. Is it
possible now?
Mayor Ferre: Go ahead.
Mr. Perez: Mr. Falcon.
Mr. Carlos Rodriguez Quesada: Mr. Mayor, Mr. Commissioners, I speak here
today in Spanish for the Mayor's interpretation to my questions. (COMMENTS
IN SPANISH)
UNIDENTIFIED INTERPRETER: Defensa Civica, Civil Rights of Florida, which is
our organization....
Mr. Quesada: (CO*MNTS IN SPANISH)
UNIDENTIFIED INTERPRETER: for many years....
Mr. Quesada: (COMMENTS IN SPANISH)
UNIDENTIFIED INTERPRETER: has attempted to get the City of Miami to pay
attention to the critical problems being faced by the residents of this
City as related to housing. Our first request was to request the City of
Miami to fight so that the rights that were transfered to the County a few
years ago will come back to this Commission and to the City, because every -
time we have approached our Mayor, Mr. Maurice Ferre. although Ferre has always
expressed that he shares those concerns, he has told us that the City of Miami
cannot do anything concerning housing in this matter....
Mr. Quesda: (COMMENTS IN SPANISH)
UNIDENTIFIED INTERPRETER: .... because they transfered the rights to administer
the housing authority to the county of Dade. Later on, at a meeting with
Commissioner Perez, we came to his chambers to propose three basic points:
Number one, that the City of Miami denounce before the State Legislature and
Governor Graham the violation that has been taken place of the loss and regu-
lation that contemplate the security of both residents and landlords in this
City. One of them is the no return of deposit funds and the interest accrued
by these funds.
Mr. Perez: Okay, Carlos, as a matter of courtesy about the time, this is a
pocket item and let me explain something. (COMMENTS IN SPANISH)
Mr. Quesda: (COMMENTS IN SPANISH)
Mr. Perez: This is a resolution, Mr. Mayor.
Mayor Ferre: Are you making this in the form of a motion?
Mr. Perez: Yes.
Id 07 DEC 91982
0 6
Mr. Carollo: Commissioner Perez, before you make the motion, if I may ask
the maker of the motion if he can substitute some essential wording to make sure
that this is not going to be sent back to us because of how vague the resolu-
tion would be. The law requires and it certainly is correct for the landlord
to return whatever -security deposits he has for the tenant within thirty days `
that the tenant moves from where he lives, provided that the place is left'
in a reasonable condition. Reasonable condition means that there is going to
be rugs that are going to be worn out to a certain degree; the walls are going
to be dirty to a certain degree and so on. It is not going to be left as it
was from the beginning. But, I think that if we would include that in there,
that this would be a sound resolution and there would not be any reasons then,
for the Legislature not to act upon it.
Mr. Perez: Sure. I don't have any problems to add that to the motion.
Mr. Carollo: So, what I am foreseeing is, if we pass it just the way it is,
it is going to get challenged by every real estate group across the State
and I don't think we would have a leg to stand on, but if we would just
change that, I think it would be a sound resolution then.
Mayor Ferre: All right, the maker of the motion accepts that amendment into
it. Are you seconding it now, Joe?
Mr. Carollo: Yes, I am seconding it.
Mayor Ferre: All right, is there further discussion on this pocket resolution?
Mr. Plummer: There was another man here. I don't see him.
Mayor Ferre: They have both spoken to it. Carlos and Presiliano are both
here. All right, is there any further discussion on this? Call the roll.
The following resolution was introduced ty Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 82-1081
A RESOLUTION EXPRESSING TO THE GOVERNOR OF THE STATE OF
FLORIDA THE CONCERN OF THE CITY COMMISSION OVER THE IN-
ADEQUATE ENFORCEMENT PROVISIONS OF THE FLORIDA RESIDENTIAL
LANDLORD AND TENANT ACT RELATING TO THE RETURN TO TENANTS
OF SECURITY DEPOSITS, AND URGING HIM TO PROPOSE REMEDIAL
LEGISLATION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Mayor Ferre: And now Mr. Manager, I will instruct you to make sure that this
is included in our legislative package when Rick Sisser prepares this, because
the initiation of this could be by the Governor. Frankly I think it falls more
within the province of our our own legislative delegation and I would recommend
that this resolution also be sent to Mr. Ron Silver who is the chairman of the
Dade Delegation as an official position of the City of Miami Commission.
Mr. Perez: Do you want to explain this in Spanish to these people?
Mayor Ferre: All right, I am going to explain this in Spanish now. (COMMENTS
IN SPANISH)
1;
DEC 9 1gg2
Id
7
6
3. RESOLUTION OF CONDOLENCES TO THE FAMILY OF D.E.A. AGENT
' ARIEL RIOS.
Mr. Perez: Yes, I have another pocket item, Mr. Mayor. Okay, Mr. Mayor I have
a resolution I would like to propose. It expresses our sympathy to the family
of the presidential task force agent Ariel Rios who was killed last week in
the line of duty while trying to make the city a better place to live. I would
like to introduce this resolution.
Mayor Ferre: "A resolution expressing the deepest sympathy and sincerest
condolence of the City Commission on behalf of the family of Miami and the
citizens to the family and friends of agent Ariel Rios upon his death." Is
their a second? Further discussion. Call the roll.
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 82-1082
A RESOLUTION EXPRESSING THE DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE CITY
OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF
AGENT ARIEL RIOS UPON HIS DEATH.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
4. TWO BRIEF DISCUSSION ITEMS: $1 MILLION DOLLAR LOAN TO
LITTLE HAVANA STATUS REPORT; AND GRANT TO OFFICE OF COMMUNITY
SERVICES.
3!
Mr. Perez: Okay, I have a question, Mr. Mayor. About Item 9. I would like
to clarify something. I would have to have the legal opinion of Mr. Garcia -
Pedrosa on this matter. Leaving aside all the technicalities, I would like
to know if this ordinance is anything more than the implementation of the
garbage fees increased as previously approved by this Commission when it
approved for the last budget. Does this mean it is to enforce that issue,
or it is only legal matters?
Mr. Garcia -Pedrosa: Commissioner, I think it is more of a legal matter.
Mayor Ferre: We are now on pocket items!
Mr. Perez: Yes, but...
7,
Mayor Ferre: I understand. He is asking a legal question and I have no ob-
jections to his answering it when Item 9 comes up. It is just like on Item
f' 30, there were two legal questions and he can answer them when it comes up,
but if we start going out of order like that, we will be here all morning.
09 DEC 9 1982
0 0
Now, there is a legal question asked. That is fair. You be prepared to ans-
tier it when it comes before us. Any other legal questions?
Mr. Perez: Yes, I have another question. Mr. Manager, several months ago,
we approved a million dollar fund to grant loans to businesses in Little Havana.
What is the status of that loan program? About a million dollars that we ap-
proved several months ago for businesses in Little Havana.
Mr. Gary: We have prepared a grant to the Department of Commerce, Office of Com-
munity Services, a Federal department, asking for a million dollars to use,
utilizing a revolving loan fund. That program is now being considered by the
Federal government. We have our legislative aid in Washington working to get
that funded. We hope to hear something from them by the end of the year, first
of January.
Mr. Perez: Okay, but let me ask, would this money be used for the Little
Havana housing rehabilitation now. Would you plan to transfer those funds for
housing proje.`s, or for the same purpose.
Mr. Gary: Well, the understanding I have from you is that we want to have a
similar program in Little i:vana, as we had as a result of the money that the
Federal government gave us after Ll,! riots in Liberty City and that is the way
we applied for those funds, so that is the program we have applied for. With
regard to the rehabilitation program in I.ittle Havana, that is scheduled on
your agenda for today and we will be bringing that matter up. We are recom-
mending that later on today.
Mr. Perez: Okay, I would like to present you this project, or resolution to
be included in the next agenda at the next meeting.
Mayor Ferre: Any other pocket items, Commissioner Perez? Demetrio, is that it?
Mr. Perez: Yes.
- ® 5. DISCUSSION OF CLOSING OF REST ROOMS AND PUBLIC PARKS DURING
BASEBALL ACTIVITIES.
Mr. Carollo: This has to do with the Parks b Recreation Department and the
-
City of Miami Youth Baseball Academy. In the past, over the weekends and
after 5:00 P.M., the restrooms in the parks had always been closed, so when
the Baseball Academy would come to bring the children to the park to play,
they do not have the keys to get into the restrooms. Consequently to that,
an arrangement had been worked out where the directors in charge of each of
the baseball teams was given a key to the restroom, which ever park they
-
practiced in. Well, it has come to my attention that for whatever the rea-
sons, and I don't understand them, the locks were changed to the restrooms
where....
—3
Mayor Ferre: Three months ago.
Mr. Carollo: Yes, three months ago, where all these children that are being
¢
involved and constructive and decent sports are not being able to go the
r,
�
restrooms, and I have also even heard a rumor that they have been threatened
-
that their hours are going to be cut back and the amount of times that they
will be able to use the baseball fields is going to be cut back, so what I
,'.
would like to do is present a motion to give the keys of the restrooms back
=•rp�
to the individual directors of each baseball team in the City of Miami Youth
Baseball Academies and to make sure that if anything, the hours will be ex-
panded as to the time they can use the park, and not cut back.
Mayor Ferre: There is a motion on the floor. Is there a second.
Mr. Dawkins: Second.
Mayor Ferre: Further discussion?
10
ld
}
DEC 91982
16
Mr. Dawkins: With discussion. I'd like to
that are to provide services as Joe said,
tendant there.. Now; evidcntly there is no
to lock the bathroom. So, can you explain
know why is it, that we have fields
for the youth and there is no at -
attendant there if there is no one
that, Mr. Gary?
Mr. Gary: That is what you call Reaganomics - tight budgets, lack of garbage
fees.
Mr. Dawkins: Beg pardon? Hold it. Lack of what now? Run that by me one
more time.
Mr. Gary: I'll leave it alone.
Mayor Ferre: Mr. Manager —let me expand on that a little bit, Miller. See,
what Commissioner Dawkins is saying - it really goes beyond. Let me explain
to you why. This past Saturday, as you know, some of us are in the middle
of a campaign to get these stadiums built. Now, I spent all afternoon going
to each one of the parks where there are kids playing these softball leagues.
It wasn't the kids who complained to me. It was the mothers. Now, I want
you to know that as I walked around, I must have talked to three hundred
mothers who were complaining because they would not --you know how Latin mot-
hers are, I guess any mother --they take these kids to these softball games
to leave little kids to play and then they sit there to make sure that the
kids stay and play. Now, after a couple of hours they need to go to the
bathroom and what happens is, all of the bathroom are locked. Now, it just
seems to me, and I don't mean to jump on Al Howard, but it seems to be must
totally unconscionable that the the Recreation Department would go around
and change all the locks on all the bathrooms and then not have the courtesy
in giving these...I must say that at one park, Grapeland Heights, is the only
one where the bathrooms are open. I went to to Taylor, to Taylor's Academy,
I went to about four or five or these softball academies and baseball acade-
mies and I want to tell you that they were all closed - all of the bathrooms.
Now, it seems to me that one, that is, somebody is being cynical or doesn't
care, or two, there is a lack of ethnic sensitivity. I don't mean to start
ethnic questions all the time, but you know, Mr. Manager, with all due respects
to Al Howard and to his assistants and their assistants, there is not one
Latin in authority in that department. Now, I am not saying, and this is the
way the Department is being run, but there ought to be somebody there that
has a little bit of authority, not too much - a little bit - for example, for
giving people keys to bathrooms and that is a little bit conscious of the
sensitivities of people. Here we are, creating more ill will than good will
out of something that ought to create a lot of good will. Enough said. Are
we ready to vote on this? Go ahead and call the roll.
The following motion was intrcluced by Commissioner Carollo, who moved its
adoption.
MOTION NO. 82-1083
A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE DIREC-
TOR OF PARKS TO SEE THAT KEYS TO PUBLIC RESTROOMS IN CITY
PARKS ARE GIVEN TO THE DIRECTORS OF BASEBALL TEAMS USING
SUCH PARKS AND FURTHER STIPULATING THAT THE HOURS OF THE
PARKS NOT BE SHORTENED.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
11
Id
DEC 9198�2.
P
6
6. DISCUSSION OF BEAUTIFICATION A4D TRADE MART FOR DESIGN DISTRICT
'r OF THE CITY.
Mayor Ferre: I have got four items, as I said. Jean Whipple is present to
present beautification plan and request that the Commission approve for fi-
nancing the feasibility study of a trademark for the design industry of Miami
and there is a letter that has been written by Jean Whipple. Jean, I will
tell you, we are awfully late in our schedule this morning, and I wonder if
this wouldn't be better presented ... I will recognize you for a very brief
statement; but I think this is more than a two or three minute thing and I
think we ought to really schedule it as a regular agenda item in the January
meeting. I just don't think we can do this in three minutes. But, go ahead,
make your statement.
Ms. Jean Whipple: Well, that is the two things that we wanted to get come
up for - our beautification plan to be be put on the...
Mayor Ferre: Your name and address for the record, and then explain what you
are here for.
Ms. Whipple: Gene Whipple, 555 N. E. 15th Street, Miami. Jerry Coty, presi-
dent of the Merchants' Association was here to present the two items. One is
that we be put under the Capital Improvement program for our beautification
plan that we have sponsored the University of Florida to perform. The other
is the feasibility study of a trade mart for teh design district.
Mayor Ferre: All right, Mr. Cody. While Mr. Cody is coming up, Mr. Manager,
the City of Fort Lauderdale and the private sector in Fort Lauderdale are
pursuing very vigorously the creation of a major design center in Fort Lauder-
dale. They have been systematically coming down to Miami to induce the people
up in our Decorator's Row (so-called Decorator's Row) on 40th Street to see if
they can move them up to Fort Lauderdale. They are out on the offensive. They
are out trying to take these people away from Miami. I think that we cannot
sit idlely by and act dormantly on this, because we are going to end up losing
one of the strongest areas that we have in our community as an economic base,
and Mr. Manager, I think that we are talking now... Charlotte Gallogly is well
aware of what is going on, but here we are, trying to attract industry and
commerce to come to Miami and we have one of the best of commercial bases. It
is clean industry. It is a clean business. It is productive. It brings mil-
lions of dollars into this community. It has been healthy. We have been
supportive of it and I think we need to be aggressive. When I mean aggressive,
I mean a hell of a lot more aggressive than we have been in trying to do these
things. Now, you know that Atlanta and Dallas have merchandise marts. You
=
know that New York aggressively pursues it. Now, I think it is time for us
in conjunction with the private sector to get together and see what we can
-�'
do for this industry to make sure that they stay here in Miami. We don't
want them going to Fort Lauderdale and I think one of the things they need to
do is they need to get amongst themselves and build a mart of some sort where
we can attract the big designers and the big furniture people from New York
and other parts, to have showrooms here in Miami and if we don't do it, I
guarantee you Fort Lauderdale will, and those people will start moving up
4
there. So, that is the first thing. And the second thing has to do with the
-
beautification of the area. Now, I love beautification, but I frankly think
that getting this mart is a lot more important even than the beautification.
Mr. Jerry Cody: My name is Jerry Cody, 80 N. E. 40th Street, Miami. Mr.
Mayor, City Commissioners. The Mayor is a tough act to follow with that.
�+
Mr. Plummer: There are lot of people that have said that.
Mr. . Cod y: As for the beautification, this I feel, is just as important. It
will also help keep, maintain and also attract new businesses to the area,
so it is in effect, a preempt to what the Mayor has just discussed with you
with the trademark situation. The Design Plaza Association requests that
the City of Miami initiate as soon as possible, perhaps early next year the
street improvement and beautification program project number 0029, the Miami
ld 12DEC 91982
Design Plaza, which has been designated in the the approved Miami Capital Im-
provement Program, 1982 - 1988. $500,000 has been allocated in the Capital
Improvement Program for the utilization of highway bond funds. According to
the Capital Improvement Program, this project is scheduled for implementation
during 1983-84. The project involves beautification of the Miami Design Plaza,
improvement in the Plaza area bounded by I-95, N. E. 42nd Street, North Miami
Avenue and the FEC railroad. This program will compliment the joint public -
private venture already under way and establish the Miami Design Plaza as a
national and international center for the design industry. The Merchants
Association funded a study already from the University of Florida School of
Landscape Architecture, which we have provided to use as a general guide to
prepare the street improvement beautification program for the district. The
Design District is truly a unique area in Miami, a commercially oriented dis-
trict with an anticipated major growth in the 80's. Because it is an area
in which the traffic is largely pedestrian, the streetscapes are of particular
importance. Any improvement of the landscape will reinforce the image of Miami
in fostering a better city image. The Design Plaza Association wishes to
thank the city for the assistance which you provided and the efforts you may
have made on behalf of our first market week last month. The planting of trees,
the cleanup, the creation of Winton Park and the assistance of publicizing
the event world wide enhanced our success immeasurably. We again request
implementation of the street improvement and beautification program as soon
as possible in the time frame of 1983-84. As for the trade mart which the
Mayor has already spoken of, let me just give you a few facts to highlight
some of the things he has already said. The industry employs between four
and five thousand. This is both directly related with the industry and people
who are offshoots or come in contact with the industry people because of their
work. We believe that the Miami Market Week proved that the Miami Design
Plaza's strong future as a significant national and international design center
and that this strength may imply the need for a trade mart within the district.
To assess this, the Design Plaza would like the City to approve financing of
a feasibility study to be carried out as soon as possible. As the Mayor said,
it is of some urgency to do the study now since the momentum of the Plaza has
been established by Market Week and other cities like Fort Lauderdale are
developing design centers to compete with Miami's district. Our district's
size and history make it the best candidate to remain the trade crossroads
for design among North and South America and Europe. A trade mart might be
the enhancement -that would reinforce Miami's standing decisively and clearly
and keep the district competitively regional. We urge you to approve such a
study of the need of a trade mart and to finance such a study. Thank you for
the opportunity for this hearing on these two important issues.
Mayor Ferre: Mr. Cody, let me react in this way. I think the City should
put some money into this and I am talking about substantial money to move
forward. I do think it is important i;ince there are five thousand people
employed there and it is a big industry of hundreds of millions of dollars
of volume on a yearly basis that the industry also show its interest. You
are going to have to match the government. The private sector is going to have
to match the public sector somehow. I am not saying it needs to be 50-50,
but you need to show interest. Therefore, what I think I would do, I would
-= ask the Manager to come back with specific plans that the Administration
would recommend in both the area of beautification and to me more important,
—� the area of establishing a specific design mart in that specific area and I
think we need a feasibility; we need to move on it very quickly. How much
would a feasibility study of that nature cost, Mr. Manager? ... So we could get
outlines.
Mr. Gary: I think it would be more than just a feasibility study of what
kind of trade mart and put you put into it. I think you ought to do a market
reasibility study. Maybe $50,000 - $60,000. That is an estimate, but I think
we can come back with a better figure next meeting.
Mayor Ferre: Well, I would just to get the ball rolling, say that as a matter
of principle, the City of Miami Commission would approve the expenditure of
up to $50,000, provided however, that the industry pay for part of that and
that is all to be determined by you in the future at the appropriate time,
and I so move.
Mr. Plummer: Second. Motion understood.
Mayor Ferre: Call the question.
ld
13
DEC 9 1982
17,
lJ
The following motion was introduced by Mayor Ferre, who moved its
adoption.
MOTION NO. 82-1084
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
STUDY AND COME BACK WITH A SPECIFIC PLAN FOR BEAUTIFICA-
TION AND THE FEASIBILITY OF A "DESIGN MART" TO BE CON-
STRUCTED IN THE DESIGN DISTRICT; FURTHER, AUTHORIZING
AN ALLOCATION OF NOT TO EXCEED $50,000 FOR THE AFORESAID
STUDY; PROVIDED HOWEVER, THAT THE LOCAL MERCHANTS IN THE
DESIGN DISTRICT ARRANGE TO PAY FOR A PORTION OF THE COST
OF THE STUDY, SAID SHARED PORTION TO BE DETERMINED BY THE
CITY MANAGER AT THE APPROPRIATE TIME.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr. NOTE: Although absent on roll
Commissioner Joe Carollo call, Commissioner Carollo
Vice -Mayor J. L. Plummer, Jr. requested of the Clerk to be
Mayor Maurice A. Ferre shown as voting with this motion.
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Mayor Ferre: We need to move very quickly on this.
Mr. Gary: We will, sir.
Mayor Ferre: Thank you.
7. DISCUSSION ITEM: FELLOWSHIP OF ATHLETES' PRAYER BREAKFAST,
BAYFRONT PARK AUDITORIU11.
Mayor Ferre: We now have Mr. Richard Langhorn who is requesting a 50% waiver
of the fee of the use of Bayfront Auditorium on December 28th in order to hold
their annual Orange Bowl prayer breakfast. The Miami Area Fellowship of
Christian Athletes wish a waiver. Is there a motion?
Mr. Plummer: Mr. Mayor, I would have to say to you, sir, that their request,
if I understand it correctly is if they need funds to promote.
Mayor Ferre: Funds to promote?
Mr. Plummer: You need funds from this Commission for promotion.
Mayor Ferre: Well, what he is asking for is a waiver of 50% of the fee, no?
Mr Plummer: Mr. Mayor, I move a motion...
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: You know, it wouldn't be bad Richard, and I don't mean to get
into a big ... you get a couple of Jews in there too, and what is this thing
about Christian athletes? Jews pray too. Why don't you guys expand it to
be a religious thing, but not specifically aimed at Christian athletes?
Mr. Plummer: Mr. Mayor, I make a motion at this time that this Commission
make a grant for promotional up to and not to exceed $1,000.
.14
ld D E C 91982
6 6
Mayor Ferre: Specifically and that is it?
Mr. Plummer: Specifically for this event.
Mayor Ferre: Is there a second?
Mr. Perez: I second.
Mayor Ferre: This is not a condition, but I would strongly recommend that
you take it back to your fellowship group and I think it is perfectly appro-
priate for the City of Miami to help athletes to gather together in prayer,
but I frankly have a little bit of an unhappy feeling when it is limited just
to Christian athletes. You know, there are other kind of athletes who also
pray. We have got a lot of Jews in this community and they are a part of this
community and I am a little bit uncomfortable, as a matter of fact, giving
public money to a fellowship of Christian athletes. I have got to tell you,
I've got to vote against that, Plummer... unless you are telling me - I mean, I
don't mind voting for it if the purpose of this is for people to gather lo-
gether and pray. I have no problem with that. But I do have problems if
you specifically say Christian athletes or Jewish athletes. We live in a
community where hopefully we are getting away from these types of things.
You saw in the paper this morning that that club up in Bal Harbor now has to
accept Jews and so on, so you know, for a government in this community to
be giving money to an organization that specifically entitles itself "Christ-
ian athletes", it just ... and I am not a Jew, so I can say that being non-Jewish.
There are a lot of people that have problems about giving money for prayer
period. I don't, but I certainly do when we specify one religion, whether we
say for Protestants or Catholics or Christians or what have you.
Dr. Jane Theede: Mr. Mayor.
Mayor Ferre: Yes, Ma'am.
Dr. Theede: Dr. Jane Theede, 150 S. W. 7th Street.
Mr. Plummer: Excuse me. Doctor, since the Mayor has expressed his vote in
advance, I will Withdraw the motion, because it loses.
Mayor Ferre: No, I will tell you...
Dr. Theede: Now, I think I have got something to say that is important, sir.
Mayor Ferre: Excuse me, Ma'am. This is a Commission discussion on a pocket
item and this is not a public hearing at this time and I would vote for it,
provided it is a Miami area fellowship of athletes and you drop the Christian
and you expand it to anybody who wishes to be involved in this and I would
recommend that you also invite members of the Jewish faith and other faiths
to participate and with that connotation, then I have no problem voting for
these funds, but limited just to Christian athletes, I just can't do it.
Mr. Richard Langhorn: May I speak?
Mayor Ferre: Yes, sir.
Mr. Langhorn: My name is Richard Langhorn. My business address is 1000
Brickell Avenue. Thank you for having us before you this morning. The
Orange Bowl prayer breakfast is an annual event and it is part of the Orange
Bowl festivities and it is a event at which both of the teams involved in
the Orange Bowl come and their coaches come.
Mayor Ferre: There are no Jews on those teams, right? I mean, Jews don't .
play football, right?
Mr. Langhorn: I hope
that they do. The
breakfast is free. We have generally
over a thousand people
and we pay for the
breakfast and we are a nonprofit
;. organization and we are
merely asking, as
we have in years past, and we have
held it every year for
a waiver of fee so
that we may pay 50%. We are not a
rich organization. We
are going to feed
a thousand people out of our pockets,
sir, and we just want
to feed a thousand
people and pay for it and I am disa-
ppointed that you want
to not let us feed
a thousand people and pay for it.
15
Id DEC 91982
6
Mayor Ferre: Oh, I want you to feed a thousand people out of your pocket, and
I have no problems with your doing that. Just like if a Catholic Church comes
up, or any other sectarian organization, but you are asking for public funds
from the treasury of the City of Miami, from the taxpayers of the City of
Miami, and I think I would be remiss in my duty if I were to vote for something
that gave money specifically to an organization that limited itself to Christian
athletes. Now, if you are telling me that you are going to have a prayer break-
fast for people in the Orange Bowl, and that this includes anybody who wants
to show up and that you broaden this, I not only welcome it, I would like it
very much!
Mr. Langhorn. The tickets are free, sir. We advertise it on the radio. We
advertise it in the newspapers.
Mayor Ferre: I don't think you understand what I am saying. I am saying that
I am not about to vote public monies for an organization that on the face of
it, is limited to one group of people who believe in one particular religion.
It is a matter of principle to me. Now, if you want to make it... if you and
Mr. Allen Morris and the others who were the sponsors of this and I have
nothing against any of these people, I am a strong supporter of everything
that the Allen Morris Company and its associates...
Mr. Langhorn: Allen Morris Company is not involved in this. As it happens,
they are not a sponsor of this event.
Mayor Ferre: Larry Adams, Ailene Branner, John Capaleni, Doug Campbell,
Pat Carrie, Ed Claughton, Debart Lehman, Dixon Foley, Gautier and so on, okay?
Now, I am all in favor of those people. They are wonderful and I am all for
you and I will go there and I will pay out of my pocket and you pay out of your
pocket, but I am saying...
Mr. Langhorn: You can't pay, sir.
Mayor Ferre: Don't ask me! I will make you a private donation.
Mr. Langhorn: -You can make a contribution, yes, sir.
Mayor Ferre: I will make a contribution personally, but don't ask me to vote
for public monies for an organization that specifically is to a Christian
athletes group, just like don't ask me to vote for something that is White
athletes or Black athletes or any...you know, if it is something for the
general welfare of this community, I am totally in favor of it. Now, if it
is a fellowship item, I am all for you.
Mr. Langhorn: It is an Orange Bowl event, sir.
Mayor Ferre: Fine, then drop the word "Christian" and as far as I am concerned...
Mr. Langhorn: It is the annual Orange Bowl prayer breakfast. It happens to
be that we are the sponsor and we pay for it.
Mayor Ferre: Well, I don't need to repeat my position, you know.
Mr. Dawkins: Janet Cooper - (INAUDIBLE)
Mayor Ferre: You know, I am all for a prayer breakfast for the Orange Bowl,
but I just...I have already expressed it.
Mr. Langhorn: We have had it in Bayfront Auditorium every year, sir.
Mayor Ferre: That's fine, that doesn't...you may have the votes here.
r
Mr. Langhorn: :t was approved in June and something has been passed by the
City since we had approval and we have been requested to have a public hearing.
Mayor Ferre: Mr. Vice -Mayor, I pass the Chair to you and I would like to make
the following motion. The City of Miami Commisison goes on record that we are
strongly in favor of any fellowship gathering and that we are strongly in favor
of Orange Bowl athletes gathering to pray. We however, do not feel that public
}' monies can be used directly or indirectly in any ways that either openly or
by implication excludes a segment of this community and that since this is
1 16 DEC 91982
sponsored by the Miami Area Fellowship of Christian athletes, that that
de facto, by implication exclusionary of people of the Jewish faith and that
therefore we would not be supportive of public funds unless however, that this
matter be by the sponsoring committee, that they drop the word "Christian" and
it becomes just a Miami area fellowship of athletes, and that under those
circumatances, that up to $1,000 would be available from the taxpayers of
the City of Miami for this occasion.
Mr. Plummer: There is a motion. Is there a second?
Mr. Dawkins: Second.
Mr. Plummer: There is a motion and a second. Is there any further discussion?
Motion understood, call the roll.
The following motion was introduced by Mayor Ferre, who moved its
adoption.
MOTION NO. 82-1035
A MOTION THAT THE CITY OF MIAMI COMMISSION GOES ON RECORD AS
BEING STRONGLY IN FAVOR OF ANY FELLOWSHIP GATHERING AND
STRONGLY IN FAVOR OF ATHLETES GATHERING IN THE BAYFRONT PARK
AUDITORIUM TO PRAY; STATING HOWEVER, THAT THE COUMIE_.'"N _.
DOES NOT FEEL THAT PUBLIC MONIES SHOULD BE USED DIRECTLY OR IN-
RECTLY, IN ANY WAY THAT EITHER OPENLY OR BY IMPLICATION EX-
CLUDES ANY SEGMENT OF THIS COMMUNITY, AND THAT SINCE THIS IS
SPONSORED BY THE MIAMI AREA FELLOWSHIP OF CHRISTIANS, THAT IT
IS, BY IMPLICATION, EXCLUSIONARY OF PERSONS OF THE JEWISH
FAITH; AND THEREFORE, WE ARE NOT SUPPORTIVE OF THIS UNLESS THE
SPONSORING COMMITTEE CHARGES THE NAME TO "MIAMI AREA FELLOWSHIP
OF ATHLETES"; FURTHER STIPULATING THAT, UNDER THOSE CIRCUM-
STANCES, THAT AN AMOUNT OF UP TO $1,000.00 6E MADE AVAILABLE
FROM THE TAXPAYERS MONEY TO THEM IN CONNECTION WITH THE HOLDING
OF THE "ORANGE BOWL PRAYER BREAKFAST."
Upon being Seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Mr. Langhorn: Are we going to be able to have the prayer breakfast in the audi-
torium?
Mayor Ferre: Sure. You, or any other Christian or Jewish organization can use
the facilities at Bayfront anytime you want. Now, that is up to you. Now, if
you want money from us, then it has to be a nonsectarian thing. It has to be
open to all faiths.
Mr. Langhorn: It is open to all faiths!
Mr. Dawkins: But I would be a little disturbed at you if you have the money
with which to pay and then you come here and prey on my sympathy and ask me for
money when you are able to pay. I would be very disturbed with you and your
organization.
Mr. Langhorn: Thank you very much.
Id
17 DEC 91982
0
8. DISCUSSION OF SELECTION OF BANDS PERMITTED TO MARCH IN THE ORANGE
BOWL PARADE.
Mayor Ferre: Mr. Manager, a related item - Florida Bandmaster's t,ssociation.
Mr. Charles Kimbrell, the Orange Bowl Committee. You have all received a copy
of letters from Mr. Luis Sabines, president of the Latin Chamber of Commerce
and by a whole slew and parents and citizens of the City of Miami that live
within the City whose children or family go to Miami Senior High School, with
regard to the question of the band. Now, sir - and I am sorry that they have
not been advised. They are not here and I think this is something that we
need to discuss in the future, but let me explain what the circumstances are.
There are thirty-seven bands in Metropolitan Dade County that are judged on
a basis to march on the Orange Bowl Parade New Years night. Of that, five
bands are selected. Now fortunately and to our credit, ten of those bands
qualifed as superior bands. There are three qualifications: regular, excel-
lent and superior. The guidelines have always been that only superior band
can march in the Orange Bowl. Only superior bands can march. Now, the
Orange Bowl goes to the process of selecting them and it is a very honorable
and scientific process and I want to say that up front. There is no hanky-
panky. They do it the way we used to select officers of the Police Depart-
ment. You take the exam, and the number one band marches first, like the
guy who goes from sergeant to captain. Now, the fact is, traditionally....
Mr. Carollo: I am glad you clarified that and said the way we used to.
Mayor Ferre: Yes, I am getting to that, because you see, the Blacks and
the Latins were never up at the top of the grade, so they would never get
to be sergeants, lieutenants and captains. Now, what we did is, we got
into something called Affirmative Action. Affirmative Action goes like
this. We say these are the minimum standards you have got to pass. Once
you pass, then the Police Chief has the right to balance the Police Depart-
ment. If there is a shortage of women lieutenants, he can ascent women or
he can ascendBSacks or Latins. It is called Affirmative Action. Now, let
me tell you what happened in the process this year and there is nothing we
can do about it and I want to say up front that I accept that. What happened
in the process was this: That the Orange Bowl Committee chose five bands
out of the ten. Now, fortunately, one of those bands happens to be mainly
Black, but the other four are totally White Anglo-Saxon. It also happens to
be that none of them are within the City of Miami. They are all from Coral
Gables, Palmetto and this and that. Now, as I recall, it is the Miami Orange
Bowl Committee, therefore in view of this problem, which I accept that we
cannot in any way enforce at this particular occasion, nor do I want a con-
frontation with the wonderful Orange Bowl Committee who does such a great
job for the people of Miami in publicizing this great community. I would
however, like to make the following motion. J. L., if you will take the
Chair, I would like to make the following motion that we respectfully re-
commend that the Orange Bowl Committee adapt the following rules for the
7 selection next year - that similar to the way Affirmative Action functions
in the City of Miami, that they adapt an Affirmative Action rule and that it
function as follows: That only those bands that are superior as in the
past, from those in the ranks marked superior will be selected the marching
3 bands for the Orange Bowl, but that if there are superior bands whose compo-
sition happens to be mostly Black, or mostly Latin, that the Orange Bowl
Committee make it a point to always select out of the five, one band whose
composition is mostly Black and one band whose composition is mostly Latin
= and that thirdly, if one of those marked superior happens to be a band from
a highschool within the City limits of the City of Miami, that they also be
given at least one position so that the people of the City of Miami will
fvf; always have one marching band from within the City of Miami itself. If
we do that, then I think next year, assuming they retain their superior
qualifications, the Miami Senior High Band might have an opportunity to
.: march, and I so move.
Mr. Carollo: Second.
Mr. Plummer: Motion seconded by Commissioner Carollo. Any discussion?
Id 18 DEC 91982
6 16
Mr. Dawkins: Under discussion, I would love to concur with what the Mayor
says. The ethnic makeup of the City of Miami is definitely of the total that
the Mayor just expressed, therefore when bands march in the Orange Bowl that
are supposed to be representive of the City of Miami, they are not doing
that, therefore I will vote "yes" with the motion.
Mr. Plummer: Further discussion.
Mr. Perez: Mr. Mayor, I would like to point out that my office coordinated
a meeting with the Orange Bowl Committee for this matter. Jack Eads was
there, Manny Alvarez,...they tried to call the attention of these people
about the possibility that the band of Miami High march with the float of
the City of Miami but, they didn't accept, and I think that it is very important,
the motion that you introduced. I would like, Mr. Mayor, to ask the Manager
for the next Commission meeting if it is possible to know what kind of a
representation do we plan to have in the next Orange Bowl Parade, because
the representation that we had last year, I think that this community deserves
a better representation than what we had last year, and I would like to know
at the next Commission meeting if possible, the kind of representation that
they plan to have. Okay?
Mayor Ferre: One more comment that I have, Mr. Chairman. There were
eleven... this is November 20th, Florida Bandmaster's Association, District
14. This is the rating sheet of Mr. Hobart Manelli Boley and INS, whoever
INS is, okay? Now, there were eleven bands that were all superior in every
classification: Coral Gables High School, Key West High School, South Dade
High School, Miami Central High School, North Miami High School, Miami Senior
High School, Miami Palmetto High School, Miami Sunset High School, Miami
Killian High School, and Miami Southridge High School. Now, if I am not
mistaken, the only one that is within the boundaries of the City of Miami is
Miami High School and the only Black band in the whole bunch, as I see it, is
Miami Central, which is not within the City of Miami. Now, it just so happens
that Miami Senior High School happens to both be within the boundaries of
the City of Miami and it is composed mainly of Cubans and Latins, even though
there are some Anglo and Black members of the band and therefore that is what
this squabble•,i$ all about.
Mr. Plummer: Further discussion? Mr. Mayor, question. Does the thinking
that you have just portrayed as it relates to the bands likewise relate to
the float?
Mayor Ferre: I hadn't thought of that. Tell me what you mean by that.
Mr. Plummer: Well, the City of Miami every year has a float in the Orange
Bowl Parade and every year there is portrayed a different theme and I would
assume that we should ask that that be rotated, that theme on a year to year
basis.
Mayor Ferre: That is a great suggestion. I accept that. Do you want to make
-- that part of the motion?
=+ Mr. Plummer: I will make it as an amendment to the motion.
Mayor Ferre: Fine, I accept it.
Mr. Dawkins: I accept it as an amendment.
Mr. Plummer: Any further discussion? Motion understood, call the roll.
The following motion was introduced by Mayor Ferre, who moved its
adoption.
MOTION NO. 82-1086
A MOTION OF THE CITY COMMISSION RESPECTFULLY REQUESTING
r OF THE ORANGE BOWL COMMITTEE THAT THEY ATTEMPT TO FOLLOW
THE FOLLOWING RULES FOR THE SELECTION OF BANDS TO MARCH
IN THE ORANGE BOWL ON NEW YEAR'S EVE FOR NEXT YEAR:
ld 19 DEC 91982
6
1. THAT SIMILAR TO THE WAY THAT AFFIRMATIVE ACTION
FUNCTIONS IN THE CITY OF MIAMI, THAT THEY ADOPT AN
AFFORMATIVE ACTION RULE WHICH WILL FUNCTION AS FOLLOWS:
(a) THAT ALL THOSE BANDS THAT ARE RANKED "SUPERIOR"
CONTINUE TO BE SELECTED TO MARCH IN THE ORANGE BOWL,
BUT THAT,
(b) IF THERE ARE "SUPERIOR" BANDS WHOSE COMPOSITION
HAPPENS TO BE MOSTLY BLACK OR MOSTLY LATIN, THAT THE
ORANGE BOWL COMMITTEE MAKE IT A POINT TO ALWAYS SE-
LECT AT LEAST ONE OUT OF THE FIVE BANDS WHOSE COM-
POSITION IS MOSTLY BLACK OR MOSTLY LATIN; AND THAT
(c) IF ONE OF THOSE BANDS RANKED "SUPERIOR" HAPPENS
TO BE A BAND FROM A HIGH SCHOOL WITHIN CITY LIMITS,
THAT THEY ALSO BE GIVEN AT LEAST ONE POSITION SO
THAT THE PEOPLE OF THE CITY OF MIAMI WILL ALWAYS HAVE
A MARCHING BAND FROM WITHIN ITS CITY LIMITS.
(d) THAT IN THE CASE OF FLOATS, THAT THE SAME GUIDE-
LINES SHOULD ALSO FOLLOW, e.g. THERE SHOULD BE A DIF-
FERENT ETHNIC GROUP REPRESENTED IN THE FLOAT EACH
YEAR.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None -
ON ROLL CALL:
Mayor Ferre: Now, let me make sure that drafter legally of this understands
that we are not telling the Orange Bowl, we are urging. I vote "yes".
Mr. Dawkins: Let me discuss it a little further. I didn't want to discuss
it under the motion, but the Orange Bowl has to also take into consideration
that there must be some Blacks and Latins included in the Orange Bowl Committee.
The Orange Bowl Committee makes ten trips per year looking at teams who will
play in the Orange Bowl. I don't know how many Latins are on the Orange Bowl
Committee.
Mr. Plummer: One.
Mr. Dawkins: Okay, one, and two Blacks, Garth Reeves and one of those other
tokens. I don't know who he is.
Mr. Dawkins: Okay, so now, out of ten trips, you have got two trips that
Blacks will be on and one trip that a Latin will be on, so there are nine
trips that the Orange Bowl sponsor. They go eat, drink and be merry while
they are looking at teams who will play in the Orange Bowl, and only two trips
that Blacks will go on. There are eight trips that no Blacks get to be wined,
dined and what have you. I sincerely hope that when the Orange Bowl makes
these trips next year, that on the ten trips that they make, that they have
one of us and one Latin on each of these good time junkets. Oh, I am sorry!
Dr. Theede is right, and there are no women. Now, perhaps the Orange Bowl
provides entertainment of women for those who go; maybe they don't need any,
I don't know, but let's include some women also.
20 DEC 91982
2
6
9. BRIEF DISCUSSION ITEM: POSSIBLE DESIGN OF NEW SIGN TO IDENTIFY
CITY HALL ON SOUTH BAYSHORE DRIVE. [9
Mr. Plummer: Mr. Mayor, last night at a party given in the Grove, Mr. Manager,
I had a discussion with Mr. Woody .Weiser, who is building across the street.
It is probably one of the nicest hotels this City is going to have within its
community and I was discussing with him the possibility - As you know, during
the ASTA convention, he brought in this world famous artist to paint the two
murals on the unfinished building, and I said "Woody, wouldn't it be nice if
you had brought that artist to do a sign for the front of City Hall out on
Bayshore Drive", and he said "I would be delighted". Mr. Weiser would like
to speak with you, Mr. Gary, about the possibility of his participation in
something in front of City Hall which presently is a disgrace, to help you
get something that is nice and first class. So, if you will have someone
contact his office, he would like to be the coordinator.
Mr. Gary: We will. I think it is a good idea.
10. BRIEF DISCUSSION AND TEMPORARY DEFERRAL: R-5A ZONING. (See
label #31)
Mayor Ferre: We now are on Item Number 5 and I apologize that it took us an
hour to get to this. All right, take up Item 5. Mr. Manager? The Planning
Department recommended approval; the Planning Advisory Board recommended
approval on a unanimous 7 to 0 vote. Ordinance on first reading, Article
10-1, high density multiple R-5A.
Mr. Joe McManus: Mr. Mayor and members of the Commission, for the record,
let me correct...
Mayor Ferre: Name and address for the record.
Mr. McManus: Joe McManus, Acting Director, City of Miami Planning Department.
Let me make one correction for the record. The vote of the Planning Advisory
Board was for approval 4 to 2. It was not a unanimous vote. I think one of
the participants would like to make a statement.
Mr. Murray Dubbin: Mr. Mayor, my name is Murray Dubbin. I am an attorney at
law and we represent one of the parties who would be affected by the adoption
of this ordinance, namely the developers, of Villa Regina. We would like to
make a request and recommendation as to procedure in this particular matter.
The public hearing was officially called by official notice from the City
of Miami from 9:00 A.M. this morning, which is proper, and of course, as
everyone knows, matters don't always come up at 9:00 A.M.There is no
problem there.
Mayor Ferre: Plus I announced it at 9:00 A.M.
Mr. Dubbin: Yes, you did. Additionally, the agenda of the City, which came
out perhaps two, three days ago, is drafted in such a way that one who read
y the agenda might reasonably believe that this matter might be coming for
public hearing at 2:30 P.M. We, who are affected by the adoption of this
S: ordinance would like to recommend an overabundance of caution, that the Mayor
call for the public hearing at this time, ask those who are here present
ready to speak to make themselves known and then to defer consideration of
y this matter until 2:30 P.M., unless there is objection by any of the parties
hereto. That represents the thinking of everybody sitting over here.
w Mayor Ferre: Okay, well let me into the record say that we have been jerking
this thing around all over the place and that I made a personal commitment
ld
21 DEC 91982
- - v lyyh
6
as Chairman of this Board, to Mr. Martin Fine that we would take it up first
thing in the morning at this hearing and I don't want to go back on that un-
less he releases me:
Mr. Martin Fine: Thank you for your courtesy. We are all together on the
idea.(INAUDIBLE),
Mayor Ferre: All right, because I think that is wise, because I guarantee
you and with all due respects 1 think that Janet Cooper will be here at
2:30 P.M. If this thing is heard this morning, she is going to go in and
put an injunction and all kinds of things.
Mr. Fine: Mr. Dubbin reflects the thinking of the group.
Mayor Ferre: I apologize for making you wait for that and I think that your
decision is wise and I concur with it. Any objections?
Mr. Fine: I would just ask the City -Attorney if he for the record feels
that that procedure is correct.
Mayor Ferre: Mr. City -Attorney?
Mr. Garcia -Pedrosa: Yes, I agree with it, Mr. Mayor.
Mayor Ferre: We will therefore continue this 9:00 o'clock matter. which was properly
noticed to 2:30 P.M. to make sure that there is no possible conflict between
those that may have inadvertently misunderstood that this matter would come
up at 2:30 P.M.
Mr. Fine: Thank you, Mr. Mayor.
Mayor Ferre: Does anybody disagree with that on the record? All right, if
not, then we revert back to the regular order of business.
11. DEPARTMENTAL REVIEW: DEPARTMENT OF DATA PROCESSING.
Mayor Ferre: We are now in Item Number "A" at the 9:30 A.M. agenda. Mr.
Manager.
Mr. Gary: Mr. Mayor, as all of you have known, we have hired the firm of
Booz-Allen Hamilton to make an in-depth analysis of our Department of Com-
puters. They have done so, and we thought it would be appropriate at this
time during the departmental review to give you the first phase of their
report in terms of their review and I would like for Mr. Porter Homer who
has been working with us for quite a long time to give you the presentation
in terms of the review of the department.
Mayor Ferre: Mr. Homer, the Chair recognizes you.
Mr. Porter Homer: Mr. Mayor, members of the City Commission, my name is
Porter Homer with Booz-Allen 6 Hamilton. Under our contract with you, we
are directed to make a two-phase study of your computer operations. First
operation is to assess this operation, its weaknesses, its failings, and to
initiate a short-term course of corrective actions that can put this back
on the proper course. I have two of our colleagues with us this morning,
who are computer experts in the areas that we are looking at. I would like
to recognize those first. There is Mr. Lambert Green, who is the president of
the ARMAC Corporation. Lambert, would you stand up, please. Lambert is a
computer expert who has run his own company now for the last three years.
He has fifteen years experience in the business. He worked for many years
wih IBM Corporation and he has had experience operating his own computer
centers, so he knows the problems very well and has been deeply involved
in this part of the study all the way through. Second exert that I have
here is Mr. Rick Throckmorton if Booz-Allen, who is also a computer expert
E who has been involved in these kinds of studies with private corporations
F 22
owl
with large governmental operations, with banks, with many different clients
of Booz-Allen. He has many years of experience. He has expertise in many
areas of the field. He also has experience as supervisor of a new computer
operating center. I am going to ask Mr. Throckmorton now to make the presen-
tation to you, which will take about seven or eight minutes and then we will
be prepared to accept any questions that the Commission or the Mayor may
care to address to us. Mr. Throckmorton.
Mr. Rick Throckmorton: Thank you, Porter. I am Rick Throckmorton, 6917
Baylor Drive, Alexandria, Virginia. I am with Booz-Allen and Hamilton.
The report today is on the results of Task I. Task I was a six month effort
to assess the current position and capabilities and operations of the Depart-
ment of Computers, and to recommend remedial actions for any weaknesses that
were identified in the Department of Computers to date. As indicated in
our initial slides, the task was six months long. The first two months were
_
spent in analyzing D.C., the Department of Computers, and the last four
months in beginning the remedial action process so that we could shore up
D.C. to provide a viable foundation upon which you can build a technological
future. Booz-Allen did participate in this not only as an observer, but as
a hands on operator in assisting D.C. and working with D.C. so we could get
a taste of the actual action going on in the Department and not just be an
observer.In order to assess the Department of Computers in a structured
manner, we did outline five areas which are common to all computer depart-
ments in the nation, at least large computer departments and we developed
standards within each of these areas, against which we could assess the
capabilties of the Department of Computers. This gave us a yardstick to
which to measure against, instead of just going in with a shotgun approach.
The five areas I won't step you through, but they are on the slides up here
on the overhead projector and they are clearly presented. If you have any
questions, I will be glad to answer them. These are the areas in which we
wanted to perform the assessment. Slide Three, please - type of activities
that Booz-Allen performed in this assessment are listed on this slide, in
that we conducted interviews, not only with the Department of Computers
staff and management, but also with the user departments, so we could see
the user perspective. Two, we reviewed logs and existing documentation
and procedures;% ,Three, we participated in hands on work with the Depart-
ment of Computers' people to understand the problems and the problem resolu-
tion process and four, we reviewed the operational problems that exist today,
talked with people who are in charge of resolving the problems and under-
stood what it meant to solve problems in the department. Next slide, please.
In summary, in the five areas that we did review the Department of Computers,
we found that there were deficiencies, key deficiencies in four of the areas.
The four areas were user support, and that relates specifically to communica-
tion with the users, understanding user problems and working quickly and
efficiently to solve user problems. Two, operations management, that is, how
well the machine itself is being operated to get the job done. Three, pro-
duction control. Production control is essentially the scheduling, planning,
-
and support function and we did find that deficient also. In application
support, and that is how quickly and how effectively can the Department of
Computers develop new automated applications to support the user departments
of this City and lastly on the next slide, we found system support to be
adequate, bur marginally adequate. System support is analogist to the mechanic
on your car. It is the technical person who keeps the computer running.
Currently that is an outside contracter, who has been contracted for a period
of time, a lengthy period of time to provide the technical support to the
City. Although the support is adequate today, the key aspect here is, can
=
this support be transferred to the City so it becomes a City operation and
-
the knowledge is within the City's boundaries, then to keep the process going.
=
Mr. Plummer: We paid for that twice already. It just hasn't happened.
Mr. Throckmorton: Yes, I agree.
Mr. Plummer: Well, I know.
Mr. Throckmorton: I knew you woud, next slide please. After iaentifying
your deficiencies in four of the five key areas, we did propose a twenty-one
step program that the City should follow and we did spend four months here
on site in order to initiate this program and start the remedial action
process. The twenty-one steps are broken down into three categories, two of
DEld 9 1982
Id
which are shown here, but instead of discussing these categories specifically,
I would like to break them down into four functional areas for you that are
very clear and easy to understand. The first problem was management, or lack
of direction and management guidance in the department. The second is skills
and training levels within the department of the employees. The third is
communications. Communications need to be opened up and channels established,
since the department understands user needs and users understand the depart-
ment capabilities. And lastly, it is policies and procedures that are stan-
dardized and can be followed, rather than just verbal policies that are
followed when a person understands them and not and not followed when the person
doesn't. The next slide does show the last of the twenty-one steps that we
did indicate should be taken, and those are steps permit better developed
procedures and better developed control of the environment. All right, next
slide please. The twenty-one step program we did propose for the City and
we have assisted in implementing and starting the process of information on;
implementation is a program that is broad -based and it is managerial oriented.
It is not just a bandaid approach. We don't just fix a problem. We are try-
ing to fix the problem that exists within the department to provide you a
stable base and foundation for which you can build a future. I shouldn't
say "we", because the City is actively involved in this process. The City
is participating very directly in this process and the City has made
significant progress. Booz-Allen is now becoming a side -light and the City
is taking it over and doing a good job with the remedial action program.
Slide seven, the results of the Task I effort have been positive to date,
and that is thirteen of the initial twenty-one steps have been completed.
The remainder of the steps, the five and the three shown on the slide are
in the process of completion and will take longer duration. They can't be
completed over night, but there have been very positive steps taken by the
City, very good action taken by the City and we are very pleased with the
response and the progress made to date. The last slide is slide eight. We
want to tell you that we do have a Task II coming out in the first meeting
in January. Task II report will build upon the foundations set up in Task
I and Task II will be a strategic plan for the use of technology and the
long term future for the City. Any questions, please?
Mr. Plummer: Well, my problem has been and remains and I find great excep-
tion with this report this morning. Let me tell you why. I have said from
day one and it' took a half million dollars of fee to pay you. The record
some nine years 'ago is very replete when the great firm, the auditing firm
here who sold this City a bill of goods with the Burroughs. I am not men-
tioning the name.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Plummer: It is not the current one...that it wouldn't work! And it has
taken nine years and an awful lot of dollars down the drain and a half a
million dollars to Booz-Allen to prove me right.
Mr. Throckmorton: That Burroughs wouldn't work, sir?
Mr. Plummer: That is right. Now, you know, it is very poor consolation.
Let me tell you what bothers me this morning. It is a nice report, but it
is nice to the effect that I had assurances from the Administration at the
time we signed your contract that nothing would be done until this study
was completed. Now, I don't recall your slides, I am being told that you
have implemented thirteen of the twenty-one recommendations. And let me
tell you what traditionally has happened at City Hall. The one thing I said
to Mr. Porter Homer and to the Administration, don't do me a half a million
study and come back here and tell me "Yes, your problems are solved, but",
and that "but" is buying another ten, twenty million dollars worth of new
computers. You have implemented thirteen out of twenty-one of your recom-
mendations. I am petrified that when Task II comes out, I am going to be
already be built in to things that I have never yet had the opportunity to
review. Mr. Gary, you shake your head, but you better shake your wallet.
Now, you just don't understand the mental midget thinking.
Mr. Gary: Well, if I may respond...
Mr. Plummer: And that is where you are going to have a problem, and I want
to tell you, I am very upset that things have been implemented before this
Commission had the opportunity, because you are going to build us in to
something we can't afford.
24
DEC 91982
ld
Mayor Ferre: J. L., before the Manager answers, and he doesn't need anybody
to defend him; he can defend himself pretty good, but as I understand, the
twenty-one items that you are talking about are managerial decisions.
Mr. Plummer: Mr. Mayor...
Mayor Ferre: I mean, like for example, the higher of a manager for the
computers; the flow of information; the proper documentation and stuff, I
mean, these are things with or without Booz-Allen they have got to do!
Mr. Plummer: Mr. Mayor...
Mayor Ferre: I have one last question for you.
Mr. Plummer: Let me answer you, what you are saying.
Mayor Ferre: Would you settle for an ATARI 2500?
Mr. Plummer: We would probably get more accomplished with it. Mr. Gary,
you have an item on here today, it is number 26.
Mr. Gary: Yes, sir.
Mr. Plummer: Now, this man is telling us and this is exactly what I am
speaking to - that they are going to spend $98,500 to bring in a bunch of
people to supposedly run our computers. Yet, this man is standing here
telling us we should take and do it in house and I want to tell you that
twice we have paid to have that done and the Manager is sitting here talking
about spending almost $100,000 to bring in some so-called experts.
Mr. Gary: May I respond?
Mr. Plummer: Please do! I think you ought to introduce yourself to this
team who is recommending something that you are wasting $100,000 on.
Mr. Gary: Howard Gary, City Manager.
Mr. Plummer: Presently!
Mr. Gary: I could have eliminated your anxiety if we could have had an op-
portunity to talk to you. We have been trying to do so for the last week
in terms of trying to...
Mr. Plummer: I offered Mr. Porter Homer the opportunity to come to the Bird
Road Funeral Home and pick up a shovel and help me clean up, and I was tied
up and I acknowledge that he did try.
Mr. Gary: That is because you had those African pews in there! If I may,
the task that Booz-Allen was asked to accomplish were broken down into two
phases, Commissioner. The first phase was to review our current computer
operations and to give us some remedial short term solutions, just to keep
us afloat presently. That is what this report does. The twenty-one recom-
mendations, Commissioner, are those things that we need to do just to keep
us afloat with the current operation, the current people, the current com-
puter configuration.
Mr. Plummer: Mr. Gary...
Mr. Gary: May I finish.
Mr. Plummer: Surely.
Mr. Gary: Those things were things that we should have been doing with the
current resources that we have. The second phase, Commissioner, is something
that we attempting to address to respond to your concern, my concern, this
whole Commission's concern, but primarily yours, in terms of the fact that
we have been taking a bandaid approach to our computer operations and we
have been taking half-assed, if I may say, reports from...
Mr. Plummer: Did you say half -fast? That is half -speed?
ld
DEC 9 1982
Mr. Gary: I really said "half-assed".
Mr. Plummer: Half -fast!
Mr. Gary: Approaches that we have been taking as demonstrated by our external
auditors, this accounting firm they recommended to us initially, which got us
into the problem that we are in now, and as a result of my discussions with
you primarily and other members of the Commission, you wanted a long-term
solution to the problem, so that we will not have to spend $500,000 every
other year to put more and more bandaids on our computer operations.
Mr. Plummer: I have no problem with $500,000 a year because we are not
getting out for that. We are talking millions. You know, we have got a
Department of Computers which we did not have three years ago and what is
it, 3.2 million to operate that department? You know, let me tell you.
You come to this City Hall and you ask for a check for $180,000 and you got
it in ten minutes. You come to City Hall and ask for a check for $1.80 and
it is eight weeks, because the computer can't cope with that. Now, you
know, I go back here, and the one thing I know and I know little about
computers. I know when they don't work. I know when they don't produce
the bottom line of what I am trying to accomplish and that is the old phase
of computers which says "Garbage in, garbage out", and the problem and 0".
fear of computers of people protecting their own little bailiwick, keep
demanding more garbage to get bigger and better computers and bigger and
better departments. All right now, my problem is, Mr. Gary, that you have
implemented something without this Commission's approval, because eventually,
those implementations, if they are to be followed through in Task II, are
going to cost dollars.
Mr. Gary: No, you are confusing apples and oranges. The first phase of their
report, which is what you have seen here today identifies twenty-one deficien-
cies that had to be corrected in our current computer operations so I can
continue to issue payroll checks, continue to provide financial reports
that we have to do on -going. That is the remedial short-term solution.
Listen to me for a second. By my implementation of these solutions, or
these recommende4 solutions, I would have to do anyway whether I buy another
piece of equipmept or not, just to keep me above board. Phase II, Commis-
sioner, deals with what should we do in the long term future, so these are
managerial decisions that I would have to do, regardless of whether or not
you decide to spend any more money in computers for additional types of
hardware or staff, or whatever.
Mr. Plummer: Sir, would repeat, take out of contextithat which you stated
about in-house people doing the work rather than outside -house?
Mr. Gary: Well...
Mr. Plummer: No, no, no.
Mr. Gary: I am going to...I know better than he does.
Mr. Plummer: I didn't pay you $493,000!
Mr. Gary: Yes, but you paid me to be a City Manager and I am going to be a
City Manager right now. What he was talking about, Commissioner, whas that
three years ago entered into a consultant contract for programing services
of a high caliber nature for our programs and our systems that we could not
get if we had to go out and hire a person full time. Secondly, we didn't
need the services of that capability on a full time basis. So there are
-a� -
the types of services that we would need just to do our on going programs
j
and it is on a part time basis; it is cost effective. If we had to hire
four full time people, it would be greater than the cost of that contract.
Mr. Plummer: You are wrong. Now, if you take that attitude, you are going
to lead us down that same path that we had before. That's my fear! Mr.
Gary, the same fear that I have you had, you had on -hands, is that the
terminology you used?
?`
Mr. Throckmorton: Yes, sir.
26 DEC 91982
M
6 0
Mr. Plummer: Did you put your hands on a $26,000 program that has never
been opened up? Did you put your hands on that one?
Mr. Throckmorton: I don't know which program you are referring to.
Mr. Dawkins: Was it more than one.
Mr. Plummer: You know which one.
Mr. Throckmorton: I don't know which one. If I did know which one, I
would tell you.
Mr. Plummer: You know why it hasn't been opened up? We bought it and the
damn thing won't work on our equipment.
Mr. Gary: What is that?
Mr. Plummer: I will get into it, okay? Now, all I am saying to you is,
how much sophistication can this City stand? God rest my father. The
deader he is, the smarter he was. He used to make a saying about computers.
They are great until they get nervous. Well, I want to tell you something.
The computers of this City have had a mental relapse! You know, when you
are feeding me piece -meal you are doing exactly to me what got us into this
problem in the past, and I am telling you, we are going to be right back
in. We are only going to be one thing different. We are going to be a
hell of a lot more expensive and money down the drain with a system that is
not compatible. We have got systems that back up the back up! And the only
thing I hear across the police radio is "Call me later, the system is down".
Mr. Carollo: Mr. Manager, would it be appropriate at this point in time to
make a motion that the computer gets Mr. Plummer's checks in time from now
on?
Mr. Gary: Yes, sir. (LAUGHTER) If I may, Mr. Mayor, in all fairness to
Booz-Allen and Hamilton, this is why I tried to get around to each of the —
Commissioners .- Task I and Task II are complete, Commissioners.
Mr. Plummer: Well, he is telling me that I am not going to get II until
January.
Mr. Gary: Wait a second, let me explain. I thought it was important be-
cause of the significance of this operation to do it in two phases. If I
gave you both documents, which are very big, the likelihood of you reading
it and understanding it is very unlikely.
Mr. Plummer: It scares you to death that I will!
Mr. Gary: So, what I did was I instructed Booz-Allen to do it in two
phases, even though you have all of the reports completed. I want to first
get across to the Commission the extent of our on -going problems, so that
you can appreciate what we are up against. Now, you understand it, and that
-
may be fine, but I have got to make sure that five of you understand it.
So that is the approach I took. Give me the problems first. Let's convey
it to the Commissioners and then in the second phase, Commissioner Carollo,
—
}
I want to come in here with Task II to say "This is what we need to do in
the long run". That is ready, I can give it to you today, but obviously
_
you need to understand and digest what we are up against and the seriousness
--
of it. That is what I have done today. Now, even to the point that when
we met ... when I had Mr. Homer to go around to each of you, I instructed him
to inform you that Task II was completed. If you want the report, that is
z'A
fine, but we wanted to do it in two phases so that you can fully understand
'i0
the extent of the problems and where we want to go.
Mr. Plummer: Will my copy be in my office before noon?
Mr. Gar No it will be there in five minutes.
Mr. Plummer: Mr. Mayor, let me conclude. 1 plead with the Administration.
I plead with Booz-Allen. Do not further implement anything in relation to
computers until this Commission has had the opportunity to review in full
the total report. That is all I can say to you.
27 DEC 91982
ld
46 16
Mr. Gary: Mr. Plummer, I fully understand that if it is something new, but
Mr. Plummer, we have to do certain things to keep us afloat. Now, as an ex-
ample, if I may - Item 26 which you addressed today is not a new item. It
Is a continuation of what we are doing, and one of the key things that they
are doing is developing a program to convert and improve our payroll pension
system, which is in terrible disarray. Now, we have been working on that.
What we are saying is, we want to continue that, because we are having problems
with our pension. We have a problem in terms of paying the money, investing
the dollars. We need that to continue the development of that program.
That will be necessary regardless of whether you accept Phase II or not.
Mr. Plummer: Howard, don't lock me in.
Mr. Gary: This is not a lock in, sir.
Mr. Plummer: Don't lock me in!
Mr. Gary: Commissioner, I have withdrawn all of the new equipment purchases,
enhancements to the system that were on the agenda because of your direction
that we not implement anything new and lock you in. Item 26 is not a lock in,
it is something that we have been doing and we need to continue.
Mr. Plummer: I know, but you know, twice we have paid a company to come in
and train our people, exactly what he is recommending. We paid for it twice.
— Now, let me tell you what happened. They brought them in. They got mental
midgets who could not be trained and the next thing you know, the people
quit. They quit! And here we sit, with all of these dollars devoted to
training and the people are gone. I quit!
Mayor Ferre: No, don't do that! Are we ready to move along now?
Mr. Gary: Yes, sir. Mr. Mayor, this is basically to inform the Commission.
Mayor Ferre: Do you want anything formalized?
Mr. Gary: No, we don't need any formal action, and I would like to do is to
bring Task II back to you the first meeting in January. You will receive the
copy before there and Mr. Homer and his staff will be available to summarize
Task II's recommendation.
12. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT "ARMAC" FOR DEPARTMENT
OF COMPUTERS.
Mr. Gary: Mr. Mayor, I would, as a companion item, request that Item 26 be
approved by the City Commission, which is not locking in this City Commission
to anything in Phase II. It just keeps us above board and one of the key items
that is related to 26 is the continuation of developing our pension computer
71 program, which is in a state of disarray.
Mayor Ferre: Plummer, do you have any problems with taking up 26 now?
Mr. Plummer: No, sir, I have no problems.
_ Mayor Ferre: Anybody have any problems with that?
Mr. Plummer: You have got to stay afloat.
Mayor Ferre: !(here is Miller?
Mr. Plummer: Miller is not here.
Mayor Ferre: Take up item 26 then. Who wants to move item 26 and then if
Miller has any problems we will let him speak to it.
Mr. Carollo: M6ved.
Mr. Perez: I move.
ld DEC 9 1982
174
C�
Mayor Ferre: It has been moved by Carollo, seconded by Perez. Further dis-
cussion on item 26? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-1087
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE
FORM ATTACHED HERETO, WITH AUTOMATED RESOURCES MANAGE-
MENT CONSULTANTS INCORPORATED (ARMAC) IN AN AMOUNT NOT
TO EXCEED $98,500 PER YEAR TO PROVIDE FOR PROFESSIONAL
ON -CALL PROGRAMMING AND ANALYTICAL SERVICES FOR THE
DEPARTMENT OF COMPUTERS, USING BUDGETED FUNDS OF
SAID DEPARTMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the 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
13. APPROVE PROJ1CT FOR A MOBILE CITIZEN SERVICE OFFICE.
Mayor Ferre: We are now on Item "B". Commissioner Perez. Mobile Citizen
Service Office.
Mr. Perez: Mr. Mayor, if you will remember, we have an original idea to
create a City omsbudsman office in order to handle all of the complaints,
but at the end we had the suggstion after several conversations with Ms.
Dena Spillman in reference to have a mobile unit and I would like Ms. Spill-
man to explain what is the purpose of the project.
Ms. Dena Spillman: When Commissioner Perez first started talking about om-
budsmen out in the neighborhood, we did a report on the subject, and what we
found was that we didn't have enough money to staff every little neighbor-
hood in the City and it would become a very cumbersome process to go out
switching neighborhoods with people. Also, it was very difficult to put
those people in the fire stations because it would cost a lot of money.
The thought that has arisen and we in complete agreement with it is that
the City buy a van, a large van that can be manned by one of my staff people
and go out to different neighborhoods on different days of the week and we .
will advertise when the van will be at the Northside Shopping Center or in
Coconut Grove or in the Little Havana Community Center, or wherever, so that
there will be sufficient information given out to people. The van can be
used just to help people register to vote, provide them with information on
other social services they may not be aware of and it may offer an opportun-
ity for Commissioners, if they so desire to out in the van on certain oc-
casions and sit down and talk to people and see what is on their minds.
The physical cost of this project would be approximately $20,650, which
would include...
Mr. Perez: That includes the price of the van and everything?
Ms. Spillman: Yes, now there is a slight problem that we may have to work
out. On my staff at this time, I only have one bilingual worker. There are
on
29 DEC 91982
,a
6 6
times when we are going to need a bilingual person to go out in the neighbor-
hood. If I leave my bilingual in the office answering the phones, then I will
not have a bilingual person and it may be, if funds can be found, that we need
another staff person to run this program who is bilingual.
Mr. Dawkins: I have a question, please. Is this going to be (I know it is),
but how will it operate City-wide?
Ms. Spillman: Okay, we would establish stations throughout the City, Commis-
sioner, either parks, fire stations, neighborhood centers, places where we
know a lot of people go. Sometimes the shopping centers - a lot of people
congregate at shopping centers. And there would be a schedule developed,
a list developed, and then a schedule which would be printed on a flier and
mailed out to people so they would know when the van would be in their
neighborhood.
Mr. Dawkins: And to piggyback on what Commissioner Perez asked - what we
want, what both of us want is, as these fliers go out and this vehicle is
there, that information and people will be aboard who can discuss the issue
that those individuals are interested in. See, like bringing an individual
to Liberty City to tell me about what is going to happen in Coconut Grove
is senseless. By the same token, to take somebody from Liberty City to
Little Havana to discuss something is totally foolish, or even to discuss
the Fire Department and you have got Clarence Patterson there, is useless.
So be sure that we have got the people on hand to deliver the services that
the Commissioner is trying to see that the citizens get. Am I right?
Mr. Perez: Yes, but I think that the main idea is to have an accessibility
of the City government to a neighborhood, and I think that these people act-
ing as a liaison, if they will only act in that capacity and they will serve
as a link between the City government and the community. For example, we
can announce next week Miami Dade Chamber of Commerce wants to have the
unit in the heart of N. W. 62nd Street and they coordinate with the Community
Development office, they have the unit there, but a liason would be there and
would try to answer all the questions, and if not, later on they would give
them the right,gnswer. I think that that is the idea of the project.
Mayor Ferre: Well, I think that we have to be careful that we don't get into
the idea that we are forming panaceas here. In other words, if somebody goes
to Liberty City in this quest and somebody wants to have a problem that hap-
pened last week with the Police Department addressed, and the Police Depart-
ment isn't there because we obviously can't have all eighteen or twenty de-
partments present, that person not go out and give information that he is
not entitled to give and knows nothing about. Like, "Well, yes, I think that
that police officer made a mistake in making that arrest because he didn't
go through due process and reading him the Miranda rights or whatever". In
other words, it has to be a linkage or liason rather than a you know...you
have got to be very careful on that because we could really get into a mess,
if somebody becomes and activist or overly rambunctious person trying to
solve problems and gets us out on a limb!
Mr. Dawkins: I agree with the Mayor wholeheartedly.
Ms. Spillman: Mayor, we run an operation like this now. We have a response
center and you are right, these kind of problems could develop. All I can
tell you is that we have trained staff people now who know how to answer the
questions or how to send somebody to where they can get the right answer, so
thus far we have had no problems of that naturs.
Mr. Dawkins: Well, don't come back and ask me for another unit. You must
make that unit work, period, because I don't have no more money for no more
units.
" Mr. Gary: Yes, sir.
Id
Mr. Dawkins: As J. L. says, we have got enough computers and that will be
enough vans.
Mr. Perez: Mr. Mayor, I would like to make a motion to approve this project.
30 DEC 91982
11
Mr. Plummer: Motion made, is there a second? Is there a second? I pass
the gavel the Miller Dawkins and I second the motion.
Mr. Dawkins: It is properly moved and seconded that we carry this out. Any
discussion?
Mr. Carollo: Can we get to pros and cons a second time...
Mayor Ferre: All right, do you want me to call the roll now?
Mr. Dawkins: No, Mr. Carollo needs an explanation of what we are voting on.
Mayor Ferre: All right, you want to reiterate what we are voting on.
Ms. Spillman: The provision of a van that will be used by a neighborhood
worker to go out to different neighborhoods of the City on various days.
The schedule would be printed in fliers so people would know what day the
van was coming to their neighborhood. The staff person manning the van would
be trained in how to work with citizens - for example, he would be able to
allow the person to register to vote. We are allowed to do that. He can
tell the person where to go to find a job. He could send them to the Jobs
Program. If it is not a City problem, then they would send them to the
appropriate County agency.
Mr. Carollo: Okay, you are recommending this., Dena?
Ms. Spillman: Yes, we wanted to do this several years ago.
Mr. Carollo: Okay, especially the part about registering people vote. I
think that impressed the Commissioners.
Ms. Spillman: We do it all the time.
Mayor Ferre: Further discussion? The motion has been duly made?
Mr. Dawkins: Yes.
Mayor Ferre: And seconded. Further discussion. Call the roll.
The following motion was introduced by Commissioner Perez, who moved its
adoption.
MOTION NO. 82-1088
A MOTION APPROVING A PROPOSAL MADE BY THE ADMINISTRATION FOR
THE ESTABLISHMENT OF A "MOBILE CITIZENS SERVICE OFFICE VAN",
AT A COST OF NOT TO EXCEED $20,650.00 FOR USE IN THE VARIOUS
NEIGHBORHOODS OF THE CITY; FURTHER STIPULATING THAT THE
SCHEDULE OF THE MOBILE VAN SHALL BE ANNOUNCED IN BROCHURE
FORM IN ADVANCE SO THAT CITIZENS MAY BE AWARE OF ITS LOCATION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Fe--e
NOES: None
ABSENT: None
31
DEC 91982
Id
6
14. APPROVE EXPANSION OF CITY S114GLE FAMILY RESIDENTIAL REHABILI-
TATION LOAN PROGRAM.
Ms. Sheba Martin: Excuse me, Mr. Mayor.
Mayor Ferre: Yes, Ma'am.
Ms. Martin: I am Sheba Martin, 912 N. W. 64th Street and I am here represent-
ing, along with the other members senior citzens and members of ACORN and the
Martin Luther King neighborhood Association. We are here to ask you to con-
sider our hearing today on item number 17. Many of the senior citizens that
are here with me.
Mayor Ferre: All right, Mrs. Martin. Let's see if we can do that. Now,
just hold on for a second. Does anybody have any objections to taking up
item 17? Anybody object to that? All right, Mrs. Martin, we will take up
item 17.
Ms. Martin: All right.
Maor Ferre: It approves the expansion of city single family residential
rehab loan program to include a portion of the Little Havana Community
Development target area. Do you have an objection to that?
Ms. Martin No, we do not. We want to be included, the Model City area,
which extends from 62nd...
Mayor Ferre: Do you have any objections to that, Mr. Manager?
Mr. Gary: No, we do not, Mr. Mayor. This is the program that Commissioner
Perez had initially recommended as an alternative or an addendum to the -
Affordable Housing Program, if you recall, for Little Havana and we have no
problem with adding this area to the program.
Mayor Ferre: Well, see, the reason that Little Havana was included in the
first place, as I remember Commissioner Perez' statement was because they
were excluded in the other. Now, was Model City excluded in the other?
Mr. Dawkins: Yes, what it is, Mr. Mayor, the line stops at 62nd Street.
The City of Miami goes from 62nd Street to 79th Street. The only thing
they are saying is that it be City wide and that the line be moved from
62nd Street to 79th Street. That is all they are saying.
Mr. Carollo: I will make a motion to...
Mayor Ferre: All right then, this is a resolution on item 17 that is now
being expanded to include Model City area. It has been moved by Commissioner
Carollo. Who seconds?
Mr. Dawkins: Commissioner Plummer.
Mayor Ferre: All right, further discussion? All right, call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-1089
A RESOLUTION APPROVING THE GEOGRAPHICAL EXPANSION OF THE
CITY'S SINGLE FAMILY RESIDENTIAL REHABILITATION LOAN
F PROGRAM TO A PART OF THE LITTLE HAVANA COMMUNITY DEVELOP-
MENT TARGET AREA AND AUTHORIZING THE CITY MANAGER TO IM-
PLEMENT SAID PROGRAM WITHIN SPECIFIED BOUNDARIES OF THE
LITTLE HAVANA AREA DESCRIBED HEREIN AND OUTLINED IN THE
MAP ATTACHED HERETO AND INCORP CRATED HEREIN BY REFERENCE.
�F
(Here follows body of resolution, omitted here and DEC
on file in the Office of the City Clerk.) I�G1r 9 19�2
32
0 6
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
15. CONSENT AGENDA
The following resolutions were introduced by Commissioner Carollo, seconded
by Commissioner Dawkins 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
-----------------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda Items 52, 53, and 57 have been withdrawn.
----------------------------------------------------------------------------
15.1 BID ACCEPTANCE: SOUTHERN ATHLETICS AND rIT VSS EQUIPMENT, INC.,
INSTITUTIONAL SALES CORPORATION 'AND UNIVERSAL GYM FOR EQUIPMENT
FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTIONI SERVICES.
RESOLUTION NO. 82-1090
A RESOLUTION ACCEPTING THE BIDS OF SOUTHERN ATHLETICS AND FITNESS
EQUIPMENT, INC. FOR FURNISHING 31 CYCLE ERGOMETERS AT A COST OF
$29,295.00; INSTITUTIONAL SALES CORPORATION FOR FURNISHING 21
HEARTRATE METERS AT A COST OF $2,614.50; AND UNIVERSAL GYM FOR
FURNISHING 6 TEN STATION WEIGHT LIFTING MACHINES AT A COST OF
$32,400.00; TO THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES AT A TOTAL COST OF $64,309.50; ALLOCATING FUNDS THEREFOR
FROM THE 1981 FIREFIGHTING, FIRE PREVENTION AND RESCUE FACILITIES
BOND FUNDS; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT
TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT.
15.2 BID ACCEPTANCE: ANTHONY ABRAHAM CHEVROLET, INC. FOR 1983 VAN
FOR DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES.
RESOLUTION NO. 82-1091
A RESOLUTION ACCEPTING THE BID OF ANTHONY ABRAHAM CHEVROLET, INC.
FOR FURNISHING ONE 1983 MODEL VAN TO THE DEPARTMENT OF FIRE, RES-
CUE AND INSPECTION SERVICES; AT A TOTAL COST OF $10,099.15;
ALLOCATING FUNDS THEREFOR FROM FLORIDA POWER AND LIGHT FRANCHISE
FEES, FISCAL YEAR 1981; AUTHORIZING THE CITY MANAGER AND THE
PURCHASING AGENT TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
1d 33 DEC 91982
41
6
15. 3 BID ACCEPTANCE: ENFIELDS MIAMI PHOTO, INC. FOR MICROFILM READER -
PRINTER FOR DEPT. OF FIRE, RESCUE AND INSPECTION SERVICES.
RESOLUTION NO. 82-1092
A RESOLUTION ACCEPTING THE BID OF ENFIELDS MIAMI PHOTO, INC.
FOR FURNISHING ONE MICROFILM READER -PRINTER TO THE DEPARTMENT
OF FIRE, RESCUE AND INSPECTION SERVICES; AT A TOTAL COST OF
$7,759.00; ALLOCATING FUNDS THEREFOR FROM PRIOR YEAR RESERVE
FUNDS; AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT
TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
15.4 BID ACCEPTANCE. DIETCRAFT, INC. FOR PRE-SCHOOL FOOD PROGRAM
FOR DEPT. OF RECREATION.
RESOLUTION NO. 82-1093
A RESOLUTION ACCEPTING THE BID OF DIETCRAFT, INC. FOR FURNISH-
ING A PRE-SCHOOL FOOD PROGRAM ON A CONTRACT BASIS FOR
EIGHT MONTHS TO THE DEPARTMENT OF RECREATING: AT A TOTAL
ESTIMATED COST OF $78,300.00; ALLOCATING FUNDS THEREFOR
FROM A U. S. DEPARTMENT OF AGRICULTURE GRANT THROUGH THE
FLORIDA STATE DEPARTMENT OF EDUCATION: AUTHORIZING THE
CITY MANAGER AND THE PURCHASING AGENT TO ISSUE A PURCHASE
ORDER FOR THE SERVICE.
15.5 BID ACCEPTANCE: TARGET TRAILER, INC FOR TWO MACHINERY
TRAILERS FOR DEPT. OF BUILDING AND VEHICLE MAINTENANCE.
RESOLUTION NO. 1094
A RESOLUTION ACCEPTING THE BID OF TARTGET TRAILER, INC
FOR FURNISHING TWO MACHINERY TRAILERS TO THE DEPARTMENT OF
BUILDING AND VEHICLE MAINTENANCE AT A TOTAL COST OF
$8,250.00; ALLOCATING FUNDS THEREFOR FROM THE 1982-1983
OPERATING BUDGET OF THE DEPARTMENT OF PARKS: AUTHORIZING
THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE A PUR-
CHASE ORDER FOR THIS EQUIPMENT.
15.6 BID ACCEPTANCE: MEDICAL COMMUNICATIONS AND INSTRUMENTATIONS,
INC. FOR ONE MEDICAL COMMUNICATIONS AND TELEMETRY CONSOLE
FOR DEPT. OF BUILDING AND VEHICLE MAINTENANCE.
RESOLUTION NO. 1095
A RESOLUTION ACCEPTING THE BID OF MEDICAL COMMUNICATIONS
AND INSTRUMENTATIONS, INC. FOR FURNISHING ONE MEDICAL
COMMUNICATIONS AND TELEMETRY CONSOLE TO THE DEPARTMENT OF
BUILDING AND VEHICLE MAINTENANCE: AT A TOTAL COST OF
$11,950.00; ALLOCATING FUNDS THEREFOR FROM THE 1982-3.983
OPERATING BUDGET OF THAT DEPARTMENT; AUTHORIZING THE CITY
MANAGER AND THE PURCHASING AGENT TO WSSUE A PURCHASE ORDER
FOR THIS EQUIPMENT.
15.7 AUTHORIZING SALE: DISPOSAL BY SALE OF THREE MOTOR VEHICLES
TO PUERTA PLATA, DOMINICAN REPUBLIC.
RESOLUTION NO. 1096
A RESOLUTION AUTHORIZING THE DISPOSAL BY SALE OF CERTAIN
NO LONGER SERVICEABLE EQUIPMENT, TO WIT - 3 MOTOR VEHICLES
AT A FIXED PRICE TO THE CITY OF PUERTA PLATA, DOMINICAN
REPUBLIC, WITH THE UNDERSTANDING THAT THE CITY OF PUERTA
PLATA WILL BE RESPONSIBLE FOR ALL SHIPPING AND TRANSPORTA-
TION COSTS.
1d 34
DEC 9 1982
15.8 WAIVE BID REQUIREMENT: AUTHORIZE PURCHASE OF MATCHER SUBSYSTEM
FOR AUTOMATED FINGERPRINT SYSTEM FROM PRINTRAK, INC.
RESOLUTION NO. 82-1097
A RESOLUTION WAIVING THE REQUIREMENT FOR FORMAL SEALED BIDS
FOR FURNISHING A MATCHER SUBSYSTEM FOR THE AUTOMATED FINGER-
PRINT SYSTEM TO THE DEPARTMENT OF POLICE; AUTHORIZING THE
PURCHASE FROM PRINTRAK, INC., THE ONLY KNOWN SUPPLIER, AT A
TOTAL COST OF $49,000.00; ALLOCATING FUNDS THEREFOR FROM THE
1982-83 OPERATING BUDGET OF THE DEPARTMENT OF POLICE; AUTHOR-
IZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE A
PURCHASE ORDER FOR THIS EQUIPMENT.
15.9 BID ACCEPTANCE: JULES BROTHERS UNIFORMS, INC. FOR UNIFORMS
FOR DEPARTMENT OF POLICE.
RESOLUTION NO. 82-1098
A RESOLUTION ACCEPTING THE BID OF JULES BROTHERS UNIFORMS,
INC. FOR FURNISHING UNIFORMS ON A CONTRACT BASIS FOR ONE
YEAR TO THE DEPARTMENT OF POLICE; AT A TOTAL ESTIMATED COST
OF $337,324.55; ALLOCATING FUNDS THEREFOR FROM TIME 1982-1983
OPERATING BUDGET OF THAT DEPARTMENT; AUTHORIZING THE CITY
MANAGER AND THE PURCHASING AGENT TO ISSUE PURCHASE ORDERS
FOR THESE MATERIALS.
15.10 BID ACCEPTANCE: DIVERS DEN SOUTH FOR WETSUITS AND BOOTS FOR
DEPT. OF POLICE.
RESOLUTION NO. 82-1099
A RESOLUTION ACCEPTING THE BID OF DIVERS DEN SOUTH FOR
FURNISH 20 DIVERS UTETSUITS AND 20 PAIRS OF BOOTS FOR
THE VEpARTMENT OF POLICE AT A TOTAL ESTIMATED COST OF
$6,720.00; ALLOCATING FUNDS THEREFOR FROM THE PRIOR YEAR
RESERVE FUND; AUTHORIZING THE CITY MANAGER AND THE PURCHAS-
ING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT.
15.11 BID ACCEPTANCE: BUFFALO ROCK SHOOTERS, OAKS WHOLESALE DISTRI-
BUTORS AND SOUTHERN GUN DISTRIBUTORS FOR AMMUNITION FOR THE
DEPT. OF POLICE.
RESOLUTION 82-1100
A RESOLUTION ACCEPTING THE BIDS OF BUFFALO ROCK SHOOTERS
SUPPLY AT A COST OF $65,328.00; OAKS WHOLESALE DISTRIBU-
TORS AT A COST OF $22,227.00; AND SOUTHERN GUN DISTRIBU-
TORS AT A COST OF $1,605.00 FOR FURNISHING AMMUNITION ON
A CONTRACT BASIS FOR ONE YEAR TO THE DEPARTMENT OF POLICE
AT A TOTAL COST OF $89,160.00; ALLOCATING FUNDS THEREFOR
FROM THE 1982-83 OPERATING BUDGET OF THAT DEPARTMENT;
AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO
ISSUE PURCHASE ORDERS FOR THESE MATERIALS.
15.12 BID ACCEPTANCE: THOMAS MAINTENANCE SERVICES, INC. FOR
CUSTODIAL AND MAINTENANCE SERVICES TO OFFICE OF AUDITORIUMS.
RESOLUTION 82-1101
A RESOLUTION ACCEPTING THE BID OF THOMAS MAINTENANCE SER-
VICES, INC. FOR FURNISHING CUSTODIAL AND MAITENANCE SER-
VICES ON A CONTRACT BASIS FOR ONE YEAR TO THE OFFICE OF
AUDITORIUMS AT A TOTAL ESTIMATED COST OF $45,198.00;
ALLOCATING FUNDS THEREFOR FROM THE 1982-83 OPERATING BUD-
!, GET OF THAT DEPARTMENT; AUTHORIZING THE CITY MANAGER AND
THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER FOR THIS
SERVICE.
35 DEC 91982
0 0
15.13 BID ACCEPTANCE: EASTMAN KODAK COMPANY AND ENFIELD 3M BUSINESS
PRODUCTS FOR MICROFILM EQUIPMENT FOR OFFICE OF PENSIONS.
RESOLUTION NO. 82-1102
A RESOLUTION ACCi:?TING THE BIDS OF EASTMAN KODAK COMPANY AT A
COST OF $33,567.00 AND ENFIELD 3M BUSINESS PRODUCTS AT A COST
OF $2,195.00 FOR FURNISHING MICROFILM EQUIPMENT OT THE OFFICE
OF PENSIONS AT A TOTAL COST OF $35,762.00; ALLOCATING FUNDS
THEREFOR FROM THE PRIOR YEAR RESERVE FUND; AUTHORIZING THE
CITY MANAGER AND THE PURCHASING AGENT TO ISSUE PURCHASE ORDERS
FOR THIS EQUIPMENT.
15.14 BID ACCEPTANCE: MIRIAM V. MORALES, M.D. FOR RADIOLOGY SERVICES
FOR DEPT. OF HUMAN RESOURCES.
RESOLUTION NO. 82-1103
A RESOLUTION ACCEPTING THE BID OF MIRIAM V. MORALES, M.D. FOR
FURNISHING RADIOLOGY SERVICES ON CONTRACT BASIS FOR ONE YEAR
TO THE DEPARTMENT OF HUMAN RESOURCES; AT A TOTAL ESTIMATED
COST OF $20,160.00; ALLOCATING FUNDS THEREFOR FROM THE 1982-83
OPERATING BUDGETS OF THE DEPARTMENT OF POLICE AND THE DEPART-
MENT OF FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING THE
CITY MANAGER AND THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER
FOR THIS SERVICE.
15.15 BID ACCEPTANCE: FRAIN SERVICES OF FLORIDA FOR SECURITY GUARD
SERVICES FOR OFFICE OF STADIUMS.
RESOLUTION NO. 82-1104
A RESOLUTION ACCEPTING THE BID OF ANDY FRAIN SERVICES OF
FLORIDA FOR FURNISHING SECURITY GUARD SERVICES ON A CONTRACT
BASIS FOR ONE YEAR TO THE OFFICE OF STADIUMS; AT A TOTAL
ESTIMATED COST OF $32,120.00; ALLOCATING FUNDS THEREFOR
FROM THE 1982-83 OPERATING BUDGET OF THAT OFFICE; AUTHOR-
IZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE
A PURCHASE ORDER FOR THIS SERVICE.
15.16 BID ACCEPTANCE: QUALITY CHEMICAL COMPANY FOR THREE FLOOR
SCRUBBERS TO DEPT. OF CONFERENCES AND CONVENTIONS.
RESOLUTION NO. 82-1105
A RESOLUTION ACCEPTING THE BID OF QUALITY CHEMICAL COMPANY
FOR FURNISHING THREE (3) AUTOMATIC FLOOR SCRUBBERS TO THE
DEPARTMENT OF CONFERENCES AND CONVENTIONS AT A TOTAL COST
OF $15,357.15; 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.
15.17 BID ACCEPTANCE: DIMENSIONS AND DESIGNS, INC. FOR SIX LEC-
TERNS TO DEPARTMENT OF CONFERENCES AND CONVENTIONS.
RESOLUTION NO. 82-1106
A RESOLUTION ACCEPTING THE BID OF DIMENSIONS AND DESIGNS, INC.
FOR FURNISHING SIX (6) LECTERNS TO THE DEPARTMENT OF CON-
FERENCES AND CONVENTIONS AT A TOTAL COST OF $6,600.00;
ALLOCATING FUNDS THEREFOR FROM THE 1980 CITY OF MIAMI CON-
VENTION CENTER AND PARKING GARAGE REVENUE BOND FUND; AUTHOR-
IZING THE CITY MANAGER AND THE PURCHASING AGNET TO ISSUE A
PURCHASE ORDER FOR THIS EQUIPMENT.
36 DEC 91962
E
rl
15.18 BID ACCEPTANCE: NATIONAL LIFT TRUCK SERVICE FOR LIFT TRUCK AND
BATTERY CHARGER FOR DEPT. OF CONFERENCES AND CONVENTIONS.
RESOLUTION NO. 82-1107
A RESOLUTION ACCEPTING THE BID OF NATIONAL LIFT TRUCK SER-
VICE FOR FURNISHING ONE ELECTRIC LIFT TRUCK AND BATTERY
CHARGER TO THE DEPARTMENT OF CONFERENCES AND CONVENTIONS
AT A TOTAL COST OF $16,993.00; 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.
15.19 AUTHORIZE PURCHASE: PAN AMERICAN CONSTRUCTION COMPANY TO
SUPPLY 23,000 TONS OF ASPHALTIC CONCRETE TO DEPT. OF PUBLIC
WORKS.
RESOLUTION NO. 82-1108
A RESOLUTION AUTHORIZING PURCHASE OF APPROXIMATELY 23,000
TONS OF ASPHALTIC CONCRETE UNDER A METROPOLITAN DADE COUNTY
CONTRACT FROM PAN AMERICAN CONSTRUCTION COMPANY FOR THE
DEPARTMENT OF PUBLIC WORKS; AT A TOTAL ESTIMATED COST OF
$525,000.00; ALLOCATING FUNDS THEREFOR FROM THE 1982-83
OPERATING BUDGET OF THAT DEPARTMENT; AUTHORIZING THE
CITY MANAGER AND THE PURCHASING AGENT TO ISSUE PURCHASE
ORDERS FOR THESE MATERIALS.
15.20 ORDERING LITTLE RIVER HIGHWAY IMPROVEMENT H-4482 & DESIGNA-
TING PROPERTY ASSESSMENTS.
RESOLUTION 82-1109
A RESOLUTION ORDERING LITTLE RIVER HIGHWAY IMPROVEMENT,
H-4482 AND DESIGNATING THE PROPERTY AGAINST WHICH SPECIAL
ASSESSMENTS SHALL BE MADE FOR A PORTION OF THE COST
THEREOF AS LITTLE RIVER HIGHWAY IMPROVEMENT DISTRICT
H-4482.
15.21 AMEND RESOLUTION RE: CONSTRUCTION CRESTWOOD SANITARY SEWER
IMPROVEMENT AND REDUCING TOTAL ASSESSMENT COST.
RESOLUTION 82-1110
A RESOLUTION AMENDING RESOLUTION NO. 82-906 WHICH CON-
FIRMED THE PRELIMINARY ASSESSMENT ROLL FOR CONSTRUCTION
OF CRESTWOOD SANITARY SEWER IMPROVEMENT IN CRESTWOOD
SANITARY SEWER IMPROVEMENT DISTRICT SR-5432-C (CENTER-
LINE SEWER); AND REDUCING THE TOTAL ASSESSMENT COST OF
SAID IMPROVEMENT BY THE AMOUNT OF $90.01; THIS ACTION
BEING NECESSARY TO REDUCE THE ASSESSMENT AGAINST ONE
AlMom
PROPERTY WITHIN THE DISTRICT.
15.22 DIRECT CITY CLERK RE: NOTICE OF PUBLIC HEARING ON
ACCEPTANCE OF COMPLETED CONSTRUCTION OF MANOR HIGHWAY IMPROVEMENT
PHASE I.
RESOLUTION 82-1111
A RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH A NOTICE
OF PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE
CITY COMMISSION OF THE COMPLETED CONSTRUCTION BY RUSSELL,
INC. OF kANOR HIGHWAY IMPROVDMENT - PHASE I IN MANOR HIGH-
WAY IMPROVEMENT DISTRICT - PHASE I, H-4465, (BID A - HIGHWAY)
ld 37 DEC 91982
0
lJ
15.23 BID ACCEPTANCE: ':P.N,M. CORP. - BUENA VISTA HIGHWAY IMPROVE-
MENT - PHASE I, H-4475.
RESOLUTION NO. 82-1112
A RESOLUTION ACCEPTING THE BID OF P.N.M. CORPORATION IN THE
PROPOSED AMOUNT OF $1,133,125.20, TOTAL BID OF THE PROPOSAL,
WHICH INCLUDES A 2 PERCENT REDUCTION OF THE BID PRICES, FOR
BUENA VISTA HIGHWAY IMPROVEMENT - PHASE I IN BUENA VISTA
HIGHWAY IffiROVEMENT DISTRICT - PHASE I, H-4475, SUBJECT
TO THE AVAILABILITY OF FUNDS; WITH MONIES THEREFOR ALLOCATED
FROM THE ACCOUNT ENTITLED "BUENA VISTA STREET IMPROVEMENTS -
PHASE I" IN THE AMOUNT OF $1,333,125.20 TO COVER THE CON-
TRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF
$147,306.80 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING
FROM SAID FUND THE AMOUNT OF $22,663.00 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.
15.24 BID ACCEPTANCE: L.G.H. CONSTRUCTION CORP. FOR REDEVELOPMENT
OF CHARLES HADLEY PARK.
RESOLUTION NO. 82-113
A RESOLUTION ACCEPTING THE BID OF L.G.H. CONSTRUCTION CORP. IN
THE PROPOSED AMOUNT OF $609,932 BASE BID OF THE PROPOSAL PLUS
ADDITIVE ALTERNATE ITEMS #3,4,5,6,9,10, FOR CHARLES HADLEY PARK -
REDEVELOPMENT; WITH MONIES THEREFOR ALLOCATED FROM THE ACCOUNT
ENTITLED "MANOR PARK - REDEVELOPMENT" IN THE AMOUNT OF $609,932
TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUND THE
AMOUNT OF $42,695 TO COVER THE COST OF PROJECT EXPENSE; AL-
LOCATING FROM SAID FUND THE AMOUNT OF $12,198 TO COVER THE
COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND
POSTAGE; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CON-
TRACT WITH SAID FIRM.
15.25 AUTHORIZE INCREASE IN CONTRACT - MET CONSTRUCTION, INC. FOR
ORANGE BOWL CONSTRUCTION.
RESOLUTION NO. 82-1114
A RESOLUTION AUTHORIZING AN INCREASE IN CONTRACT AMOUNT NOT
TO EXCEED $40,000 IN THE JUNE 22, 1982 CONTRACT BETWEEN THE
CITY OF MIAMI AND MET CONSTRUCTION, INC. FOR THE CONSTRUC-
TION OF ORANGE BPWL - UPPER DECK IMPROVEMENTS, WITH FUNDS FOR
THE INCREASE TO BE PROVIDED BY THE TOURIST DEVELOPMENT
COUNCIL.
15.26 RESCIND RESOLUTION FOR CONSTRUCTION OF SIMON BOLIVAR PLAZA.
RESOLUTION NO. 82-1115
A RESOLUTION RESCINDING RESOLUTION NO. 82-543, ADOPTED DUNE
17, 1982, WHICH ACCEPTED THE LOW BID AND AUTHORIZED THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH PAVEMENT MAINTENANCE
CORPORATION FOR THE CONSTRUCTION OF SIMON BOLIVAR PLAZA;
DECLARING SAID CONTRACT NULL AND VOID AND REJECTING ALL BIDS
FOR SAID PROJECT; SAID ACTIONS BEING NECESSARY TO RELEASE THE
CONTRACTOR DUE TO THE FAILURE OF FUNDS BEING PROVIDED FOR THIS
PROJECT.
Id 38 DEC
9 1982
F"
M
15.27 ACCEPT COMPLETED WORK: FRE CONSTRUCTION CO FOR S.E. 4TH STREET
PAVING PROJECT.
RESOLUTION NO. 82-1116
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY FRE
CONSTRUCTION CO., INC. AT A TOTAL COST OF $147,902.79 FOR
S.E. 4TH STREET PAVING PROJECT; AND AUTHORIZINT A FINAL
PAYMENT OF $14,790.28.
15.28 ACCEPT COMPLETED WORK: RUSSELL, INC. FOR MODEL CITIES
COMMUNITY DEVELOPMENT STREET IMPROVEMLNTS (DRAINAGE).
RESOLUTION NO. 82-1117
A RESOLUTION ACCEPTING THE COMPLETED WORK OF RUSSELL, INC.
AT A TOTAL COST OF $211,690.00 FOR MODEL CITIES COKATNITY
DEVELOPMENT STREET IMPROVEMENTS - PHASE VI - FINAL PAYMENT
OF $17,118.10.
15.29 ACCEPT COMPLETED WORK: MORRISON COMPANY FOR DORSEY PARK
DEVELOPMENT AND RENOVATION.
RESOLUTION NO. 82-1118
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY THE
MORRISON COMPANY D/B/A THE MORRISON COMPANY SOUTH AT A
TOTAL COST OF $104,704.62 FOR DORSEY PARK - DEVELOPMENT
AND RENOVATION (2ND BIDDING); AND AUTHORIZING A FINAL PAY-
MENT OF $16,415.61.
15.30 RATIFYING, CONFIRM CITY MANAGER'S ACTION IN EXECUTING AGREE- -
MENTJETWEEN CITY OF MIAMI AND INTER-AMERICAN TRANSPORT
EQUIPMENT CO. -
RESOLUTION NO. 82-1119
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE ACTION
OF THE CITY MANAGER IN EXECUTING THE ATTACHED AGREEMENT, BE-
TWEEN THE CITY OF MIAMI AND THE INTER-AMERICAN TRANSPORT
EQUIPMENT COMPANY FOR THE PURPOSE OF CITY PARTICIPATION IN
THE "THIRD INTER-AMERICAN SUGAR CANE SEMINAR HELD IN MIAMI
OCTOBER 6-8, 1982 BY REIMBURSING SAID COMPANY FOR LINE
BUDGET ITEMS NOT COVERED BY DONATIONS FROM OTHER ENTITIES
CO -SPONSORING THE SAID SEMINAR, WITH FUNDS THEREFOR
ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS IN AN AMOUNT
NOT TO EXCEED $25,000.
15.31 RATYFYING, CONFIRM CITY MANAGER'S ACTION IN EXECUTING AGREE-
MENT BETWEEN CITY OF MIAMI AND STATE OF FLORIDA SALESMEN
ASSOCIATION.
RESOLUTION NO. 82-1120
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE ACTION
OF THE CITY MANAGER IN EXECUTING THE ATTACHED AGREEMENT
BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA SALESMEN
ASSOCIATION FOR THE PURPOSE OF PREPARINq COORDINATING AND
SUPERVISING THE "NATIONAL SALESMEN CONVENTION" HELD IN
MIAMI NOVEMBER 26-28, 1982 WITH FUNDS THEREFOR ALLOCATED
FROM SPECIAL PROGRAMS AND ACCOUNTS IN AN AMOUNT NOT TO
EXCEED $20,000.
39
Id
DEC 9 1982
0
0
16. AUTHORIZE TEMPORARY CLOSING OF STATE ROAD 5, BISCAYNE BLVD.
FOR THE GRAND PRIX AUTO RACE.
Mr. Gary: Agenda Item 18.
Mr. Plummer: I will move that.
Mr. Carollo: Second.
Mayor Ferre: It has been moved and seconded. Further discussion on 18?
Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-1121
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REQUEST THE
TEMPORARY CLOSING OF STATE ROAD 5 (BISCAYNE BLVD) FOR THE
PURPOSE OF CONDUCTING THE MIAMI GRAND PRIX AUTO RACE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor -Maurice A. Ferre
NOES: None ,
ABSENT: None
17. ALLOCATE $124,C23 TO FUND DEFICIT IN GUSMAN HALL - OLYMPIA
BUILDING ENTERPRISE FUND.
Mayor Ferre: Agenda Item 20.
Mr. Carollo: Moved
Mayor Ferre: Any problem with that?
Mr. Gary: Just something we have to do.
Mayor Ferre: It is moved by Carollo. Is there a second?
i
Mr. Perez: Second.
Mayor Ferre: Second by Perez. Any discussion on 20? Call the roll.
�4
ld 4"
DEC 9 1982
to 0
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-1122
A RESOLUTION ALLOCATING THE SUM OF $124,838 FROM THE FY'83
SPECIAL PROGRAMS AND ACCOUNTS BUDGET, CONTINGENT FUND, TO
THE DEPARTMENT OF OFF-STREET PARKING TO FUND THE 1-Y'82
DEFICIT IN THE GUSMAN AND OLYMPIA BUILDING ENTERPRISE
FUND OF $6,453 AND THE BALANCE OF $118,375 TO REFUND ADVANCES
THE DEPARTMENT OF OFF-STREET PARKING MADE FOR RENOVATIONS OF
CITY SPACE IN THE OLYMPIA BUILDING.
(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
13. AUTHORIZE PROFESSIONAL SERVICES AGREEMENT E.H. FRIEND AND CO.
FOR EXPERT ASSISTANCE IN PENSION MATTERS.
Mayor Ferre: Agenda Item 21.
Mr. Carollo: Moved.
Mayor Ferre: Moved by Carollo. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Second by Perez.
Mr. Garcia -Pedrosa: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Garcia -Pedrosa: Again, that is an item that was revised from the
supplementary package.
Mayor Ferre: In the revision is there any substantial change? Mr. City -
Attorney?
Mr. Garcia -Pedrosa: No, sir. It merely again provides for greater
specificity than the form that you were given in the package.
Mayor Ferre: Mr. Manager? Anybody have any problem with this? Are you
ready to go? Call the roll.
id 41
DEC 9 1982
0
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-1123
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY
THE FORM ATTACHED HERETO, WITH THE FIRM OF E. H. FRIEND AND
COMPANY FOR EXPERT ACTURIAL ASSISTANCE IN PENSION MATTERS
AT A COST NOT TO EXCEED $50,000 WITH FUNDS THEREFOR ALLOCATED
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Pe ez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
19. AUTHORIZE LEASE AGREEMENT: COCONUT GROVE FAMILY CLINIC FOR
OPERATION OF MEDICAL CLINIC IN ELIZABETH VIRRICK PARK.
Mayor Ferre: Agenda Item 22.
Mr. Plummer: I move it.
Mayor Ferre: Moved by Plummer. Is there a second?
Mr. Dawkins: I will second it, yes.
Mayor Ferre: All right, further discussion. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-1124
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
LEASE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED
HERETO, WITH THE COCONUT GROVE FAMILY CLINIC, INC. FOR
THE OPERATION OF A MEDICAL CLINIC IN CITY -OWNED BUILDINGS
IN ELIZABETH VIRRICK PARK.
(Here follows body of resolution, omitted here and .
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None .42
?JV
ABSENT: None
DEC 91982
r
20. AUTHORIZE AGREEMENT: CONTINUED OPERATION OF AFRICAN SQUARE
PARK.
Mayor Ferre: Take up Agenda Item 25.
Mr. Carollo: Moved.
Mayor Ferre: Any problem with 257 Any problems with that?
Mr. Dawkins: No, the only problem I have with it, which I have already dis-
cussed with the Manager, and he and I are in complete agreement in that the
agency that is supposed to be doing this is not performing and the Manager
and I would like to put them on a month to month basis where we can cancel
if they continue not to perform.
Mayor Ferre: Do you want to move this?
Mr. Dawkins: Yes, I move it.
Mayor Ferre: Dawkins moves 25. Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 82-125
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY AND YOUTH INDUSTRIES, INC. FOR
THE CONTINUED OEPRATION OF AFRICAN SQUARE PARK ON A WEEK -TO -
WEEK BASIS FOR A PERIOD NOT TO EXCEED THREE MONTHS, EFFEC-
TIVE OCTOBER 1, AND ENDING DECEMBER 31, 1982; WITH ALL
OTHER TERMS AND CONDITIONS OF THE PRIOR CONTRACT WHICH
EXPIRED SEPTEMBER 30, 1982 TO GOVERN OPERATIONS DURING THE
SAID PERIOD, ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO
EXCEED $58,809.50 FROM SPECIAL PROGRAMS AND ACCOUNTS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
zi Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
ld
re W
DEC q 9qR;)
M
0
r]
21. AUTHORIZE AGREEMENT: UNIVERSITY OF MIAMI EMERGENCY MEDICAL
SERVICES PROVIDED BY THE RESCUE DIVISIONv, FIRE DEPARTMENT.
I
Mr. Plummer: I move Agenda Item 27.
Mayor Ferre: There is a motion on 27.
Mr. Dawkins: They got here for the compensation of $1.00.
Mr. Plummer: Yes, sir.
Mr. Dawkins: What is is, what does that mean?
Mr. Plummer: The best deal we hever had in our life!
Mr. Dawkins: Move it.
Mayor Ferre: It has been moved by Plummer, seconded by Dawkins. Further
discussion? Call the role on 27.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-1126
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH THE UNIVERSITY OF MIAMI TO PROVIDE CERTAIN
SERVICES IN CONNECTION WITH THE EMERGENCY MEDICAL SERVICES
PROVIDED BY THE RESCUE DIVISION, CITY OF MIAMI FIRE, RESCUE
AND INSPECTION SERVICES DEPARTMENT, SUBSTANTIALLY IN ACCORD-
ANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHED
AGREENT, FOR A PERIOD OF THREE (3) YEARS COMMENCING OCTOBER
1, 1982 AND TERMINATING SEPTEMBER 30, 1985, FOR AN ANNUAL
COMPENSATION OF ONE ($1.00) DOLLAR, WITH FUNDS ALLOCATED FROM
THE FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT'S GENERAL
OPERATING BUDGET.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
ld 44 DEC 91982
E
22. AUTHORIZE AGREEMENT: SENIOR CO�Z=ITY SERVICE EMPLOYME211
PROGRAM AND NATIONAL ASSOCIATION FOR HISPA1IC ELDERLY.
Mayor Ferre: Who moves Agenda Item 287
Mr. Perez: I move.
Mr. Garcia -Pedrosa: Mr. Mayor, again that a replacement item.
is in the supplementary packet.
Mayor Ferre: Are there any substantive changes in the new 28?
Mr. Garcia -Pedrosa: No, sir. Grammatical changes only.
28 again
Mayor Ferre: This is an agreement with the Senior Community Service Employ-
ment program and the the National Association of Hispanic Elderly for the
coordination of services in connection with the Miami Police Department
crime prevention.
Mr. Dawkins: Is this the same group that we get the money from each year
from the Eldp..ly Act to employ the elderly.
Mr. Gary: Same group, but a different program - right.
Mr. Dawkins: I move it.
Mayor Ferre: Further discussion? Call t,e roll.
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 82-1127
A RESOLUTION AUTHORIZIANG THE CITY MANAGER TO EXECUTE
NECESSARY AGREEMENT(S) WITH THE NATIONAL ASSOCIATION
FOR HISPANIC ELDERLY OF MIAMI IN CONJUNCTION WITH THE
SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM TO IMPLE-
MENT A GRANT FROM THE U.S. DEPARTMENT OF LABOR TO
PROVIDE MEANINGFUL PART-TIME EMPLOYMENT OPPORTUNITIES
IN COMMUNITY SERVICE ACTIVITIES FOR UNEMPLOYED LOW-
INCOME PERSONS WHO ARE 55 YEARS OF AGE AND OLDER AND
HAVE POOR EMPLOYMENT PROSPECTS WITH SAID SENIOR
CITIZENS BEING UTILIZED IN THE PERFORMANCE OF CRIME
PREVENTION AND SUPPORT SERVICES FOR THE CITY OF MIAMI
WITH ONLY IN -KIND CONTRIBUTIONS BEING PROVIDED BY THE
CITY, SAID AGREEMENT(S) BEING SUBJECT TO THE CITY
` ATTORNEY'S APPROVAL AS TO FORM AND CORRECTNESS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
ld
45
DEC 9 1982
23. AUTHORIZE EXTEidSION OF AGREEMENT: LAW FIRM OF ARNOLD AITD PORTER
CABLE T.V.
Mayor Ferre: We can take up Agenda Item 31. Any problems with that?
Mr. Gary: Let me explain, if I may. When this City Commission approved the
cable ordinance, we wanted to get as much money of this system that we could.
The Federal government at that time only permitted a three percent fee, but
they were considering going up to 5%. This City Commission said "We want the
maximum, we don't want to tie ourselves to 3% and then the Federal government
comes back and says 5%, and then later on we lose 2%.0 So, we have done the
5%, the maximum, but we have to petition the Federal government to go to
5%. This money will be coming from the cable franchise fee and not out of
tax dollars to pay for the license fee, and will not come out of City tax
dollars.
Mayor Ferre: Plummer moves.
Mr. Carollo: Moved.
Mayor Ferre: Carollo secones.
Mr. Plummer: And I will go testify on that one.
Mayor Ferre: Further discussion. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-1128
w
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
PROFESSIONAL SERVICES AGREEMENT WITH THE LAW FIRM OF
ARNOLD AND PORTER FOR THE PURPOSE OF PREPARING AND PRE-
SENTING A CABLE TELEVISION LICENSE FEE WAIVER PETITION TO
THE FEDERAL COMMUNICATIONS COMMISSION ON BEHALF OF THE CITY
OF MIAMI AND FOR OTHER LEGAL SERVICES THAT MAY BE REQUIRED
IN CONJUNCTION WITH THE CITY'S CABLE TELEVISION LICENSE
ORDINANCE ALLOCATING FROM THE FUNDS BUDGETED FOR THE OFFICE
OF INTERGOVERNMENTAL AFFAIRS A SUM NOT TO EXCEED $60,000
FOR SUCH INCREASE OF SERVICES
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
46 DEC 91982
F
E-
24. CLAIM SETTLEMENT: JORGE AND SARA GONZALEZ.
Mayor Ferre: Take up Agenda Item 32.
Mr. Carollo: Moved.
Mayor Ferre: Moved by Carollo, is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Second by Dawkins. Further discussion. Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-1129
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
JORGE GONZALEZ AND SARA GONZALEZ, HIS WIFE, WITHOUT THE
ADMISSION OF LIABILITY, THE SUM OF $10,000 IN FULL AND
COMPLETE SETTLEMENT OF ALL BODILY INJURY CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, AND UPON EXECUTION OF
A RELEASE, RELEASING THE CITY OF MIAMI FROM ALL CLAIMS
AND DEMANDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the 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. CLAIM SETTLEMENT: MARILYN LIFSET.
Mayor Ferre: Take up Agenda Item 33.
Mr. Dawkins: On 33, is this $26,000 or $10,000? I am at a loss. You have
got $10,000 in one place and $16,000 in another. What is the total that we
have here.
Mayor Ferre: Mr. City Attorney?
Mr. Garcia -Pedrosa: The total is $16,000, Commissioner.
Mr. Dawkins: Okay, well what does the admission of the sum of $10,000 as
full and complete settlement? I mean, what do we have here?
Mr. Garcia -Pedrosa: If you look at the heading of the resolution itself,
Commssioner, I think it has not been typed properly in the agenda, but
the resolution itself does not mention $10,000 at all. It is only $16,000.
.47 DEC gig&
ld s
0
6
Mr. Dawkins: That is fine. I have in my package, but the public, picking up
this agenda does not have the package that I have.
Mr. Gary: The error is on my part. It is a typographical error. It is not the.
City Attorney.
Mr. Plummer: The computer was nervous!
Mayor Ferre: Further discussion? Is there a motion?
Mr. Carollo: Moved.
Mr. Dawkins: (INAUDIBLE)... word processing machine. I second.
Mayor Ferre: Moved and seconded. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-1130
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
TO MARILYN LIFSET THE SUM OF SIXTEEN THOUSAND DCLLARS
($16,000.00), WITHOUT THE ADMISSION OF LIABILITY, IN
FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY,
PERSONAL INJURY PROTECTION LIENS, WORKERS COMPENSATION
LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND
UPON EXECUTION OF A RELEASE RELEASING THE CITY FROM
ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was pcssed
and adopted by;tbe 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
26. APPOINTMENT OF PERSONS TO THE COMMUNITY DEVELOPMENT ADVISORY
BOARD; SEE LATER FORMALIZING RESOLUTION NO. 32-1149 (Label 55).
Mayor Ferre: On Item 34, which is the C.D. Advisory Board, do we submit these,
or who does it? Do they do it themselves?
Mr. Gary: No.
Mayor Ferre: Dena? I guess we will have to wait until she gets back. Dena,
on Item 34, are these the people that they recommend? They recommend nine and
we have to recommend twelve, is that what you are saying? Now, these are the
nominees that our office has? Please be prepared, and I will tell you who we
are recommending, just so that you can consider them, so that you will know
who we are considering. The appointments by the Board themselves are
Mariana Cruz in Allapattah and we are recommending for the City Commission's
nor+inee, Art Cashon. In Coconut Grove, Frankie Rolle; and we are recommending
Fredericka Brown. In downtown, Stewart Mercant; and we have here, Kim Porter,
.d 48 DEC 91982
s
��
Associate Dean of the Miami -Dade Junior College, New World Campus. Do you
know him? Who recommended him?
Ms. Dena Spillman: This was, I believe, a self -nomination, Mayor.
Mayor Ferre: I am just going through what Nester has come up with. We are
not voting on it today, but I am just putting it into the record what it is
that we are ... Edison -Little River is Betty Graham.Jacques Despinosa...
(INAUDIBLE BACKGROUND COHNENT S NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: The next one - what do you mean, Model City? Dana Dorsey?
The next one is Little Havana, okay. Evaristo Marina is the Board's
recommendation. Or recommendation is Oscar Pedraja. Who is he? He is
related to Tony ? In Model Cities this area has not elected a
representative, but Staff has encouraged them to do so and and the represen-
tative now elected prior to the the time, Commission appointments are made,
Staff will recommend that both representatives be appointed by the City
Commission. Are they represented? Have they come up with a name?
i
Ms. Dena Spillman: Yes, they have.
Mayor Ferre: Who?
Ms. Spillman: His name is Campbell, George Campbell.
Mayor Ferre: George Campbell?
Ms. Spillman: I believe that is his first name.
Mayor Ferre: No, no, that is another Campbell. This Campbell is Black, right?
Ms. Spillman: Yes.
Mayor Ferre: Not Jack Campbell, what is his name?
Mr. Gary: She thinks it is George Campbell.
Mayor Ferre: George Campbell. Yes, I know a George.
Ms. Spillman: He is a tailor.
Mayor Ferre: Yes, I know who he is.
Ms. Spillman: Wait, it might be Willie Calhoun. I'm sorry, I don't have....
Mayor Ferre: Well, come on! Is it Willie Calhoun or is it George Campbell?
Ms. Spillman: I think it is Willie Calhoon. I'll have to verify that.
Mayor Ferre: Who is our recommendation here? Gladys Brown.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Now, the next one is what? Overtown, is that right? They
are recommending James Hunt? And we are recommending Henry Gibbons.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Carollo: Wait a minute! There have to be a few minorities represented
here.
Mayor Ferre: Then Wynwood...they are recommending Dorothy Quintana. We
are recommending Jorge T.V. Fernando-Frias, Mendez recommends.
Ms. Spillman: There is another name in there, Mayor. Frank Gerrits.
Mayor Ferre: Who?
Ms. Spillman: There is another name in that. Frank Gerrits.
Mayor Ferre: Frank Gerrits?
Ms. Spillman: Owner of a large construction firm in Wynwood.
Mayor Ferre: You call them up and you deal with Mendez to see who he wants.
Then Garment District is ten. We don't have anybody there. Does anybody
have a recommendation for the Garment District? Local developer, we don't
have anybody.. Representatives of major corporations, Isidoro Rodriguez,
major corporations?
Ms. Spillman: He nominated himself, Mayor.
Mayor Ferre: I have no objections, I tell you. I'd be the last person in
the world to go against anybody who makes potato chips.
Ms. Spillman: The Model Cities' appointment was Willie Calhoun, Mayor.
50 DEC
9 1982
S.
Mayor Ferre: Does anybody have any objections to these names?
Mr. Plummer: Woa, woal Mention that name again.
Ms. Spillman: You know the name, Willie Calhoun.
Mr. Plummer: Didn't I just read his name in the paper?
Mayor Ferre: For what, what was he doing?
Mr. Garcia -Pedrosa: I think he is the plaintiff.
Mayor Ferre: He was the plaintiff. But the point is we have no choice on
this. Do we? They are the ones that are....
Ms. Spillman: That is right. He was selected by the community.
Mr. Carollo: We don't have a choice then?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Ms. Spillman: Not under the guidelines.
Mr. Gary: No, not under the guidelines.
Mayor Ferre: Yes, we can't fool around with that.
Mr. Plummer: As Father Gibson said, "You reward your enemies and punish your
friends."
Mayor Ferre: How was Willie Calhoun selected? Could you tell me that?
Mr. Plummer: By Norman Braman.
Mayor Ferre: How was Willie Calhoun selectee, please?
Ms. Spillman: eft was a peculiar process because A.C.O.R.N. went into Model
Cities, remember?
Mayor Ferre: Was there a meeting? Were five people there? Was he...?
Ms. Spillman: It was done to the board members over the telephone.
Mayor Ferre: That is just not acceptable. This over the telephone bit is
simply not acceptable. Miller, I have no problems with Willie Calhoun, but
not as a telephone...let them meet. Let them meet and if they select Willie
Calhoon and properly advertise it, let them elect him. Other than that, does
anybody have any objections with the names that have been read out. We have
a whole bunch of vacancies still. We need someone from the Garment Industry.
We need a local developer.
Ms. Spillman: Let me... on the Garment Industry....
Mr. Gary: One name has been recommended.
Ms. Spillman: A name has been recommended based on Al Elias.
Mr. Gary: Al Elias.
Ms. Spillman: He has been very active out there and he is very interested.
Mayor Ferre: You call up that lady who was here this morning from the
Garment District. If they have no objections, then that is fine with me.
Ms. Spillman: Who was here from the Garment District?
Mayor Ferre: Her name is Whipple, Mrs. Jean Whipple.
51
DEC 91982
sl
Ms. Spillman: She is from the Design District.
Mr. Gary: That's Design District. This is the Garment District.
Mayor Ferre: Oh, Garment District.
Mr. Perez: Why don't we leave this for the afternoon?
Mayor Ferre: We need to check that out. But other than that, is there a
motion? Other than that and Willie Calhoun.....
Ms. Spillman: What about Ted Whitesell?
1
Mayor Ferre: Who's Ted Whitesell? i
Ms. Spillman: The local ... he does a lot of rehabilitation in Overtown.
Mayor Ferre: We have to wait until we check that out a little bit. Are
we ready to vote on this? Plummer, are you ready to vote?
Mr. Carollo: I make a motion....
Mayor Ferre: Make a motion that the names read into the record are approved
and that you bring it back at the next Commission Meeting to appoint the ones
that have not been approved today.. Is there a second?
Mr. Perez: Yes.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption. -
MOTION 82-1131
A MOTION APPROVING THE NAMES OF EIGHT REPRESENTATIVES FOR
FUTURE APPOINTMENT TO THE COMMUNITY DEVELOPMENT ADVISORY
BOARD; FURTHER REQUESTING THE MEMBERSHIP OF THE COMMUNITY
DEVELOPMENT ADVISORY BOARD IN THE MODEL CITIES AREA TO HOLD
A FORMAL MEETING IN OPEN SESSION TO SELECT THEIR CANDIDATE
FOR APPOINTMENT TO THIS BOARD, AND TO FORMALLY SUBMIT THE
NAME TO THE CITY COMMISSION.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
52
DEC 9 1982
6
NOTE FOR THE RECORD: Commissioner J.L. Plummer requested of the Administration
that at the next City Commission Meeting the Fire Department be commended
formally for its very successful drive to raise monies for the Burn Unit.
------------------------------------------
WHEREUPON, THE CITY COMMISSION WENT INTO
A BRIEF RECESS AT: 12:00 NOON, RECONVENING AT: 2:30 P.M.
WITH ALL MEMBERS OF THE CITY COMMISSION
FOUND TO BE PRESENT.
27. PLAQUES, PROCLAMATIONS, CONDOLENCES AND SPECIAL ITEMS.
1. Commendation presented to Officer Orlando Martinez, most outstanding
officer of the month for October, 1982.
2. Commendation presented to the Italian -American community. Presented
to Hon. Judge John Gale and Mr. J. Rick Ricciardelli.
3. Commendation presented to CAMACOL/Latin Cahmber of Commerce, for
the III Hemispheric Congress of Chambers of Commerce. Presented
to Mr. Luis Sabines, President of CAMACOL and Capt. William Alexander,
Chairman of the Congress.
4. Commendation presented to Leslie Carol Jarvis, upon her selection as
Ms. Little River.
5. Presented a proclamation declaring December 9, 1982 as Mercy Hospital
Day. Presented to Mr. Rey Murazzi, Director of International Affairs.
6. Presented a resolution of condolences to the family of Tony Wilcox
on the occasion of his passing. Presented to his widow, Mrs. Dottie
Wilcox.
53
DEC 91982
t
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28. CONFIRM ASSESSMENT ROLL: COCONUT GROVE BUSINESS AREA HIGHWAY
IMPROVEMENT H-4408.
Mayor Ferre: Let's get the public hearing portion. I think we can do these
rather quickly. First item to come before us is item number 2, the Coconut
Grove business area highway improvement. Is there anybody here who wishes
to speak to this issue? Item two. Plummer, I need your motion.
Mr. Plummer: My moti.:n is what?
Mayor Ferre: Item 2, this is the Coconut Grove business area highway improvement.
Mr. Plummer: So move. This is to open the bids?
Mr. Ongie: No.
Mr. Gary: No, the assessment roll. -
Mayor Ferre: Is there a second? Dawkins seconds. For the last time, is there
anybody here who wishes to speak on this issue? Hearing none, we are now
ready to vote. Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-1132
A RESOLUTION CONFI14ING ASSESSMENT ROLL FOR CONSTRUCTION
_ OF COCONUT GROVE BUSINESS AREA HIGHWAY IMPROVEMENT (2ND
BIDDING) IN COCONUT GROVE BUSINESS AREA HIGHWAY
IMPROVE-MENT rh STRICT H-4408; AND REMOVING ALL PENDING LIENS FOR
THIS IMPROVEMENT NOT HEREBY CERTIFIED.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
�- I
29. CONFIRM ORDERING RESOLUTION: KINLOCH SANITARY SEWER r14PROVEMENT
SR-5485-C.
Mayor Ferre: Take up item 3, confirming ordering Resolution No. 82-1033.
This is the Kinloch Sanitary Sewer Improvement. Is there anybody here who
wishes to speak to this motion? Seeing none....
Mr. Plummer: Let the record reflect that no one came forth to speak. I
so move.
Mayor Ferre: Is there a second?
Mr. Dawkins: Yes.
Mayor Ferre: 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. 82-1133
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 82-1033
AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED
BIDS FOR THE CONSTRUCTION OF "KINLOCH SANITARY SEWER
IMPROVEMENT" IN "KINLOCH SANITARY SEWER IMPROVEMENT
DISTRICT SR-5485-C (CENTERLINE SEWER)".
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
55
DEC 9 1982
i
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30. CONFIRM ORDERING RESOLUTION: KINLOCH SANITARY SEWER
IMPROVEMENT SR-5485-S.
Mayor Ferre: Item number 4 confirms ordering Resolution No. 82-1032,
Kinloch Sanitary Sewer Improvement. Does anybody here wish to speak on
this issue?
i
Mr. Plummer: Let the record reflect that no one came forth to speak.
I so move.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-1034
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 82-1032
AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED
BIDS FOR THE CONSTRUCTION OF "KINLOCH SANITARY SEWER
IMPROVEMENT" IN "KINLOCH SANITARY SEWER IMPROVEMENT
DISTRICT SR-5485-S (SIDELINE SEWER)".
(Herel�ollows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
cur- s
DEC g 1982
sl
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31. PUBLIC HEARING AND FIRST READING ORDINANCE: REVISION TO
R-5A ZONING DISTRICTS. (See label No. 10).
Mayor Ferre: We are now on item number 5. The Chair recognizes the City
Manager.
Mr. Joe McManus: Joe McManus, Acting Director of the City of Miami Planning
Department. Mr. Mayor, Members of the Commission, we have before you a
proposed revision to the R-5A zoning district. The R-5A zoning district is
in the Brickell area extending from Brickell Avenue to the bay and from
S.E. 15th Road to the Rickenbacker Causeway. The need for these revisions
is to provide flexibility in the R-5A district regulations to accomodate
many innovative architectural solutions, high density multiple residential
buildings in the Brickell area, and also to reflect the policy established
by this Commission with regard to that area. Let me briefly touch on the
four major revisions in the ordinance. The first of these has to do with the
floor area ratio. The present ordinance has a floor area ratio base of two
with bonuses up to 2.2. We are proposing that the base remain at 2.0 F.A.R.
But that the bonuses be increased and that the floor area ratio cap be removed
by, I think it is fair to say we are talking a potential floor area ratio of
2.8. Secondly, that the lot coverage requirements provide greater flexibility
over heights over 270 feet. For example, the present ordinance is silent on
heights over 270 feet. We are including that the heights could be 270 feet
or higher; and provides that the lot coverage may be increased consistent
with the F.A.R. bonuses up to a maximum of 40%. In other words, if floor
area ratio bonuses were increased over the base F.A.R. 2, there would be
corresponding adjustments to lot coverage. Thirdly, we are proposing a series
of formulas to•provide adjustments to side yard requirements to accomodate
irregularly shaped buildings or parcels. Lastly, we are proposing that a
- site development plan should be approved by the Planning Department as a
part of the application process.
Again, for the record, let me correct the vote of the Planning Advisory
Board that appears on the fact sheet and also appears on the agenda. The
Planning Advisory Board approved this by a vote of 4-2. That is a correction
for the record. Mr. Mayor, Members of the Commission, I will be happy to
answer any questions. Thank you.
Mayor Ferre: Questions from Members of the Commission.
Mr. Dawkins: My first question is why.
Mr. McManus: We have had an R-5A zoning district established for approximately
six or seven years.
Mayor Ferre: How much?
Mr. McManus: Approximately five years.
Mayor Ferre: Longer than that.
Mr. Plummer: What?
Mayor Ferre: R-5A.
Mr. McManus: R-5A, the A part of it. Commissioner Dawkins, there was a
process whereby developers were looking at the R-5A zoning and elected to
go through a planned area development process, which in turn went before this
Commission using the R-5A as a point of reference. In point of fact, the
developers were able through discussions and policy set by this Commission,
to pretty much accomplish in their projects the series of peramaters we are
suggesting to you now. So what we are doing is basically recognizing this
5'7
DEC 91992
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Mr. McManus (CON'T): Commission policy with regard to growth in the R-5A
district. The point being that we want to be fair and equitable to other
property owners in the area that this Commission has established the policy
in the area; we want to be fair to other property owners.
Mr. Dawkins: The only problem I have with this is the problem that I have
every time you come before me. I constantly see where the developers are
those who get away with murder and we do not end up with anything. Any
developer can come down here and get almost anything he wants. But the
minute a private citizen comes before the Zoning Board, he has hell trying
to get something through. Now everything here that you have read out to
me shows that it is an advantage and to the benefit of the develope•:. Whatever
he has is twice as much now. Then you stand here and tell me that it is
because of our goodness or because of something that the developer has to
have this or he will not...I don't know.
Mr. McManus: Commissioner Dawkins, I would like to point out to you just
one point. In this district, property owners are required to provide to
the City.
Mr. Dawkins: I move that this be deferred until Mr. McManus explain this
to me, please.
Mayor Ferre: I am going to recognize that in a moment, but, Commissioner,
we have had Marty Fine and other members of the legal establishment who came
early this morning and they have been here most of the day....
Mr. Dawkins: O.K., I withdraw my request.
Mayor Ferre: Let them have their say. We have Janet Cooper who wants to
speak. Then after that, if you want....
Ms. Janet Cooper: It was, Mr. Mayor, advertised for 2:30, so if they came
here in the morning, it was for their own reasons.
Mayor Ferre: 'I at was an inadvertent mistake because it was a notice that
came out.
Mr. Dawkins: I think that the record should reflect that the gentlemen
sitting here are the ones who asked that it be deferred until 2:30 so
that it could be heard. I think the record should reflect that.
Ms. Cooper: I think the record should also reflect that the agenda shows
it would not be called until 2:30, so it was not a question of deferring it.
Mr. Gary: That is not true.
Mayor Ferre: Well, we are not going to get into an argument as to what the
agenda said or did not. That does not matter. We are here. It is 3:00
o'clock. We are now going to get into this. I will now recognize both
sides of this issue. Janet, 1 will recognize you first. How much time
are you going to need?
Ms. Cooper: I don't know. I would like to hear the proponents of the
ordinance speak first.
Mayor Ferre: I will recognize you. Then I will recognize them; the, 1
will recognize you again, for rebuttal, O.K.?
s 1'
Ms. Cooper: This might take a half an hour. I hope it won't.
Mayor Ferre: Half an hour?
Ms. Cooper: Yes, sir. We are talking about some very important issues.
•��
Mayor Ferre: I will recognize you for five minutes right now. Then we
will recognize the others for five minutes. Then we will recognize you in
At
accordance to the time they take. So you go ahead and make your....
58 DEC 9 1982
',
Ms. Cooper: There is no way, Mr. Mayor, that I can address the issue in five
minutes.
Mayor Ferre: You have five minutes, Janet. Then I will give you additional
time beyond that after they have made their presentation.
Ms. Cooper: First I would like to state for the record that I have raised
some technical points in a letter to the City Attorney. I'm giving a copy
with one attachment to Mr. Ongie for the record. We have discussed it. He
does not believe in any of the points that I have raised are substantial, or
he has ruled against my technical points, Mr. Garcia -Pedrosa. I would state
that those are items regarding how many days this has been before the
Commission and notice proposals. There have been no posted notices whatsoever
and no notices advertised in the daily newspaper of largest general Zirculation.
As to the substance of this item, I'd like to generally state that this
proposed change will change the character of the neighborhood. First let
me state also that my name is Janet Cooper. I live at 1901 Brickell Avenue.
I am the president of Save Brickell Avenue,Inc.the homeowners association
in the area and the interested property owners. Those of us in Save Brickell
Avenue, Inc. wish to preserve the character of the neighborhood. We believe
there is no justification for this change that would provide for significantly
higher floor area ratios, smaller side yard set backs, and higher lot coverage.
I would submit to you that there is ample property zoned in the City for higher
floor area ratios, smaller side yard set backs and greater lot coverage, some of
which is immediately adjacent to this R-5A area being the R-CB district. There
is additional area in the CBD-2 which could be developed to accomodate the
large scale properties which these amendments would allow.
There is sufficient land available. Based on recent trends of growth, I
believe that there is sufficient land available to accomodate at least ten
years of growth in other areas. The change proposed would not be consistent
with existing land use in the area. The impact on abutting residential development
would be great and it would be negative. It would affect the quality of life of
those of us in the area. These proposed changes have no substantial relation
to the public health, safety, morals, or welfare, all of which are the standards
by which you must concider whether or not to make these changes. In fact, the
only real reason%for this development is that the developers want it to save
the business risk that they took when they took it with full knowledge of that
risk. This amendment would adversely affect the rights of all property owners
and residents in the area. It's based on no more than the fact that those who
support it have the power to work their will. The power to amend the zoning
ordinance is not arbitrary, cannot be exercised merely because certain individuals
want it or think that this ought to be done. The change must be necessary for
the public good and this change is not.
Now let me show you why. The first item that is considered in this ordinance
is a change to the side yard set back. It starts on page two of the proposed
change to City ordinance. The current requirement of side yard set backs of
buildings over 25 feet are 18 feet, plus one foot for each additional two feet
of building height over the first 25 feet. The new proposal allows the developer
to select his choice of which side yard set back law he wants to comply with.
He does not only have column A and column B, but there is also a column C.
I don't like to think of the City of Miami zoning laws as a Chinese food
restaurant menu, but that is apparently what would happen if this proposed
amendment went through.
The first choice of the developer would be to comply with the current law.
The second choice of the developer would be to comply with a law that would
allow him to base his side yard set backs solely on the width of the property.
The current side yard set backs are determined by the height of the building.
That determination has been reasonable because the higher a building, the
taller a building, the more impact it has on abutting properties.
I'll wait for everybody to get off the phones.
Mayor Ferre: Go ahead.
Ms. Cooper: Well, three of you are on the phones.
Mayor Ferre: Go ahead, you have... Well, how much additional time do you
want at this time? I'll give you some more later on but right now how much
more?
sl
DEC 91982
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Ms. Cooper: I would like to make my entire presentation and then rebut.
Mayor Ferre: I'm sorry.
Ms. Cooper: I'm trying to do it quickly.
Mayor Ferre: You wind it up in the next minute and then we'll come back
to you later on.
Ms. Cooper: May I finish the presentation on side yard set backs and then
I'll save the rest of it for later? How's that?
Mayor Ferre: O.K., fine.
Ms. Cooper: The proposal choice B, choice number two which is choice A in
the amendment would allow a percentage of the property width varying from
65% to 73%. Let me give you an example of what would happen if a property
had a 400 foot front width and a building height of 404 feet. Now with
the existing code that building would be required to provide side yard
set backs of 207 1/2 feet on each side of the building.
Mr. Plummer: Woa! Woa!
Ms. Cooper: That is actually wider than the property but because it is
based on the height that is the way the requirement is.
Mr. Plummer: Oh, O.K.
Ms. Cooper: Now, what this proposal would allow would be a total combined
side yard of only 260 feet, which is a reduction in the side yards set back
of 155 feet for a piece of property 400 feet wide with a 404 foot building.
That is a reduction of 37.35% in the requirement of side yard set backs.
That hypothetical I just gave you happens to be the situtation in the
property called Santa Maria, where the front footage is 400 feet, the
height of the building is 404 feet, and where the developer proposed to
provide 130 feet on each side. Actually that is exactly what would be
allowed by these amendments.
Let me give you a second hypothetical. A lot width of 200 feet; a
building height of 257 feet; the current requirements would mandate
134 feet on each side of the building. The proposed changes would allow
a total combined side yard set backs of 146 feet, only 12 feet more than
what is required on one side under the current zoning. That is a reduction
of 122 feet, or 45.52% of the required side yard set backs currently.
Amazingly enough this is exactly the situation with the Imperial project,
where they would be providing 162 feet total, which would comply with this
proposed amendment, but which did not comply with the current zoning. Let
me give you a third hypothetical. Let's say you have a property with a
300 foot width. The building height is 286 feet 7 inches. The current
requirements would be for 148 1/2 feet on each side. The proposal would
require a total combined side yard set back of 207 feet. That would be
90 feet less than the current requirements and a reduction of 30.3% of
the current side yard set backs. This is almost Villa Regina. But Villa
Regina is not even supplying enough side yard set backs to comply with that.
They are only supplying 63 feet on one side and 47 1/2 on the other for a
building almost 300 feet tall.
Mayor Ferre: All right, Janet, wind up.
Ms. Cooper% So, because they can't even comply with the second choice that
the developer would have, this ordinance, this proposed amendment to the
ordinance would provide a third option for the developer. This third option
starts on page 2 and continues substantially on page 3 and it involves a
formula and a lot of gobbledygook that is really very difficult to understand.
It is like nothing else that I have seen in the zoning code providing for
side yard set backs. It is really contrived.
Mayor Ferre: We will continue with you in a little while. How much time
is there left?
ab
F
DEC 9 1982
Ms. Cooper: Mr. Mayor, you said I could finish this part of the presentation.
Mayor Ferre: Yes, but I thought you were going to be reasonable about it.
How much time have you taken?
Ms. Cooper: Well, I am. I am trying to address the issues.
Mayor Ferre: How much time has been alotted?
Mr. Ongie: Eleven minutes.
Mayor Ferre: We will come back to you. At this time we will take the other
side. Then....
Ms. Cooper: Mr. Mayor, may I finish this one portion? It would take me
another three minutes.
Mayor Ferre: No, ma'am. I told you to finish six minutes ago. You have
now taken eleven minutes. I am asking you now to please take your seat
and we will come back to you after the other side has made their presentation.
I thought I would give you enough time to give your opening remarks then we
will go back and'forth'. I'm trying to be fair about this and we will return.....
Ms. Cooper: May I stand here to take notes?
Mayor Ferre: Sure!
Ms. Cooper: Thank you.
Mayor Ferre: Now, you, Mr. Fine. Who else is going to speak on the proponent
side? How many speakers are there? AT THIS POINT MAYOR FERRE TAKES A COUNT
OF HANDS. Four speakers.
Mr. Carollo: What is the matter, Marty, don't you take notes?
Mayor Ferre: %Hbw much time will you need? AT THIS POINT MAYOR FERRE TAKES
IN REQUESTS FOR SPEAKERS' TIME. All right, we will just do it in a cumulative
basis. Whatever you accumulate to she has left. You begin.
Mr. Martin Fine: For the record my name is Martin Fine, Fine, Jacobson, and
Block. I am a believer in the theory Supreme Court Dictum that brevity is
yes and it is a good pleading. I simply want to say that we endorse the
recommendation of your Planning Department and thank you for hearing this
today. I hope that you will not defer it because it has been deferred long
enough. Thank you very much.
Mayor Ferre: Next speaker.
_
Mr. Murray Dubbin: Mr. Mayor, Members of the Commission, my name is Murray
-
Dubbin, from Dubbin, Bergman, Dubbin and Greenfield. We represent the
=
developers of the development known as Villa Regina. We have observed the
draft of the proposed ordinance. We have examined it. We feel that it is
an excellent ordinance; that it will improve the situation. It will be
good for the public health and welfare. It will result in a good
development. The fact is, in addressing yourself to R-5A, as you are
well aware, that type of property is only located in one area located
mKI
between 15th Road and 26th Road on the bay side of Brickell Avenue. The
land that is involved has been addressed also in your permanent zoning
ordinance which has been adopted by this Commission and which will become
effective sometime in April or May, as I understand it. So the ordinance
that you are addressing, if adopted, would effective for until such time
l i
as the new comprehensive zoning ordinance which you adopted becomes effective.
It will serve a great public purpose for the City of Miami. The effect on
structures, built or to be built, under the ordinance which is before you
r�
today has little minimal difference as to the effect of structures built
l• Y ;�
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or to be built under your permanent zoning ordinance. I would give you
one quick example of that as it r Gates to Villa Regina, which has been
built and is in place as I think everybody here knows. Mr. Morebrum, do
you have the...no? In stead of that I will simply point out that the
IRV
total difference between the structure under the new ordinance which will
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01 DEC 91982
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Mr. Dubbin (CON'T): become effective in May and under this ordinance is
approximately 4,000 square feet of construction; very minimal. So 1 urge
that you follow the recommendation of your Planning Department, Planning
Advisory Board, and adopt this ordinance.
Mr. Tony O'Donnell: Mr. Mayor, Members of the Commission, my name is Tony
O'Donnell with law offices at 1401 Brickell Avenue. I'm representing the
Santa Maria Development Group, the owner and developer of the Santa Maria
project, which has been referenced earlier by Janet. We also would support
the adoption of these amendments to the R-5A ordinance for the reasons
advanced by the Planning Department. We would also like at this point,
so as not to take too much time to emphasize what Mr. Dubbin has just
pointed out to you. That is the basis for comparison we believe for
the amendments to this ordinance that are before you today is not the
existing old R-SA ordinance, but the existing new comprehensive zoning
ordinance for the City of Miami, which is about to go into effect in
April 1983. We have figures and facts if you wish to hear them later
in this hearing which will show that our project is far below in F.A.R.,
far below in side set backs, and rear set backs and front yard set backs.
It is a much less intense project than will be permitted in April of this
year under your new ordinance. So the logical and most reasonable basis
for comparison to what you are listening to today is not what has been;
but what is and will be very soon for the City. With that, thank you very
much.
Mayor Ferre: Next speaker. Does that now conclude? All right, Janet, now.
What was the total lapsed time?
Mr. Ongie: Five and a half minutes for these three speakers.
Mayor Ferre: Go ahead, conclude your statement.
_
Ms. Cooper: Thank you. Addressing what Mr. O'Donnell said, next week when
this item comes before you for second reading, if you don't vote it down today,
I will compare it to the proposed ordinance or the new ordinance that is coming
in April. Ho;;eyer, the reason that it is so important to compare it to the
current ordinance is because that is what most of the existing developments
have been built under. There is only one undeveloped property in this whole
area that would really be affected by the new ordinance coming in April.
Therefore, we are talking about a character of a neighborhood that exists
that was developed under the existing code, not the future code. Getting
back to the third option for the side yard set backs recognizing that Mr.
Dawkins and Mr. Carollo are absent from the Chamber, I would point out that
this third option with which is apparently designed to allow the project known
as Villa Regina to comply with the code, as I said, is very confusing,
very involved, involves a formula. I was astounded when I tried to decifer it
to find that the formula does not deal with side yards at all. The formula
deals with the lot width, so required lot width as we discussed in the
previous item. Then it talks about the distance from the front line of
_
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the property to the front of the building and to the rear of the building.
AZ
Now, how you can determine side yard set backs based on front yard areas
-
and distances from front to back of the property, I find to be suspicious.
The other thing that is very upsetting about this proposal for this particular
section is that it does not talk about side yard set backs at all. It talks
about side yard area, which is totally a different measure than side yard
set backs. The two should not be mixed together. The two should not be
allowed to substitute one for the other. Yet that is «hat proposal C allows.
Now, proposal C also requires.... It is listed as B in your program, I'm
sorry. It is choice number three for the developer, listed as B. That •
requires that you apply the side yard area requirements of C. Now, what
"-
C allows is for uneven distribution of this total side yard area. Because
t (;
you have this total side yard area that has been determined by B to how
much area you can have. Now they are saying you can put it one side or
,.,
+� '";.
the other unevenly. But it requires a minimum of 15% on any side. So
..
you have 15% on one side and 85 on the other. Lo and behold on a 100
foot piece of property the requirement for 15% of the lot width would be
45 feet and it is very unique that the proposal for Villa Regina, or the
2'.
Villa Regina as built, has their smallest side set back of 47.5 feet.
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DEC 91982
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Ms. Cooper (CON'T): So, only two and a half feet greater than this minimum
that they really had to stretch to get to. Now, proposal D talks about the
fact that all these requirements that we just talked about were for principal
structures only. It removed any requirements on accessory structures. It
allows accessory structures to encroach into all the yard areas without
limit, except of the charter amendment. The Charter amendment does not have
any requirement as to where the placement of the view corridor must be. So
what the effect of this amendment is is that side accesory structures could
be built under this proposed amendment right up to the lot line.
I am sure that this Commission does not intend for accessory structures
to be permitted to be built right up to the lot line. Yet, that is what
the proposal before you would do. It would allow parking structures, for
example; buildings including swimming pools; and other type of accessory
structures to be built right up to the lot line.
The second major change in the proposed amendment is the floor area
ratio currently has a maximum of 2.2. There is a floor of 2.0. You can
have bonuses for a large size dwelling units that would allow you to increase
it to 2.2. The area has been developed up to 2.4 based on previous P.A.D.s
and variances; and Save Brickell Avenue has gone along with developments up
to 2.4. The new proposal allows new bonuses. Bonuses have always been
provided in order to give developers incentive to build things in the way
that the City is encouraging them to build.
The three bonuses proposed here are for an increased dwelling unit size
above the minimum. That is what exists now, but they have raised the maximum
that you can get from that from .2 to .3. The second bonus that you can get
provides a bonus for covered parking anywhere from a .25 to a .35 in F.A.R.
This is significant. Covered parking is desirable. But covered parking has
been provided in this area by developers because it is in the nature of the
development of the luxury high rise buildings to do so. We are not really
getting anything additional from the developer. We are merely in this
proposal giving him F.A.R. as an excuse. The third provision for a bonus
of F.A.R. is .15 F.A.R. for dedicating the service road. Now, as I told you
bonuses are usually given to get the developer to do something that would be
beneficial for the City. But it is already required that the developer provide
this 70 foot service road by dedication to the City. So we are giving them
a bonus for sbm�thing we are requiring from him anyway and have required
from him in the past without this bonus. It's just another give away.
This would increase the F.A.R. for 2.2 to 2.8 and we must remember that
we now have the inclusion of submerged land in the F.A.R. Let me give
you the net effect of what the F.A.R. including this submerged land would
be. We are talking about the upland only. We are talking about well over
three and a half F.A.R., which we have not seen in this area except for those
buildings that are under consideration by this ordinance.
The side yard set backs and the F.A.R. have been two of the main controls
on height of a building. There are no height limits in this district. By
removing any reasonable side yard set back controls and by increasing the
F.A.R. you are allowing a tremendous increase in heights. Let me suggest
to you what would be allowed if the maximum F.A.R. that would be allowed
under this proposal would be built on the Santa Maria property extrapolating
an increase in height by F.A.R. you could see a building of 589 feet on
that property, because they would have an increase of allowed F.A.R. of
45.83....
Mayor Ferre: Wait a minute. McManus, I want you to listen. You and Whipple
stop talking because I'm going to ask you about this. She says that you can
build a 580 foot structure on a 300 foot lot.
Ms. Cooper: 400, yes, because now the side yard set backs would not be
determined by the height of the building. The Santa Maria is proposing r
a 1.9 F.A.R. You would be allowing a 2.8 maximum. That is an increase
of over 45% almost 46%. If you multiply the height of 404 feet by the
increase of almost 46%, it is conceivable that they could build a building
under these proposed amendments of 589 feet.
Mayor Ferre: Janet, let me just say as one voice up here, I'm really not
overly concerned myself as to whether it is 2.8 or 3.2 or 2.4 on the F.A.R.
Nor am I overly concerned on height. I am, however, and I do share with
you a concern about the lot coverage and the see through provisions.
63
sl DEC 9 1982
Ms. Cooper: And the side yard set backs.
Mayor Ferre: And the side yard set backs. That is something that does concern
me because in effect, the property... and by the way I have no conflicts on this
point on Santa Maria. I have been paid fully. I have no arrangements or
contracts directly or indirectly. I am not trying to sell them concrete
or anything else, O.K.? So, I have no conflicts on this. But I am concerned
about the see through set backs and the lot coverage, which I think is something
that we really have to be concerned about. So go ahead and conclude your remarks.
Ms. Cooper: I appreciate it. The problem with the side yard set backs is not
only a matter of see through corridors, but it is also a matter of the effect
on the adjacent property owner. The bigger the building the farther it has to
be in order to not have a real harmful effect on the neighbors. To give you
a comparison in height, the other buildings on the street, the tallest is thek
Palace, which is 336 feet at its main point, 372 where the penthouse is. The
UTD Tower 158 feet; Brickell Place is 210, 236, 166, 209; Atlanta is 163;
Brickell Bay Club 280 1/2; and Brickell Town House approximately 220 feet.
So we are talking about a potential for really dwarfing buildings that are
already very, very big.
The lot coverage is the next area that would be affected by this proposed
_
change. Basically, they are changing by formula, not by the chart, the lot
coverage of the principle structure. I will just give you examples, because
it is a formula. It is hard to explain it. I know you want me to move on.
So for example, the Imperial, which under the current code would be allowed
9%, would be allowed anywhere from 12.15% to 12.6% lot coverage. That is
over 3% increase in lot coverage. Villa Regina, which is currently allowed
8%, would be allowed anywhere from 10.8% to 11.2% in the lot coverage. So
we are talking about a significant increase of the lot coverages of the
principle structures. The increase on the accessory structure would be
from 20% to 28%. The increase on the combined lot coverage would be 35%
now to 40%. These are not the major prob'-m that I see in this ordinance,
although it does contribute to the trend.
I do have a question, however, which I hope Mr. McManus will address.
In the proposal there is a reference to adjusted lot coverage, if applicable.
I have not been able to find any reference to adjusted lot coverage in the
code so I do not know what effect that would have.
Now the last portion of this proposal deals with site and development
plan review. This was put in in an attempt, I suppose, to make us all feel
very comfortable that these proposals, even though they are now not going
to have much in the way of side yard set backs, and they are going to have
a tremendously increased F.A.R., at least will be reviewed by the Department.
But if this were not serious, this would be the biggest joke that has ever
come before this Commission; because this site plan review is limited to
two things. It says very clearly the purpose of development plan review is
to assure that development is in accord with the following standards. The
following standards are number one, direct access should be provided to
the site for minor or major (it does not matter which) arterial streets.
_-
This is Brickell Avenue. All these properties front on Brickell Avenue.
So we really are not talking about a standard here when we are saying that
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there should be access to a minor or a major street. Every piece of property
-�"
complies with that standard. The second oqe is even funnier, except that
they are serious. The project should be scaled to existing public utilities
or provide adequate and appropriate utility to meet the needs arising from
the project. Can you see any of these developers building these buildings
_
and not giving water and electricity? I mean what kind of standards are
we trying to put through here? These are the only standards for review.
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This is absolutel; insulting to this Commission!
Mayor Ferre: I have to agree with that and I hope that you have a good
explanation.
Ms. Cooper: Now, as I said, the only controls in the existing ordinance
on height of a building are the side yards, floor area ratio, and the lot
coverage. Those three controls have been destroyed or will be destroyed
if you pass these amendments. There will be no limit practically to what
can be built. The three buildings that are in litigation now will all
comply with these. There is only one other undeveloped property in the
entire zoning district. It is obvious that this is an attempt to legitimize
these three buildings, two of which have had rulings that are not allowed to
be built.
64 DEC 9 1982
Mayor Ferre: Wind it up.
Ms. Cooper: The side yard set backs are absolutely devastating.
Mayor Ferre: How much time has elapsed?
Ms. Cooper: And you ought to absolutely not....
Mr. Ongie: 13 1/2.
Mayor Ferre: 13 1/2 plus 11.
Mr. Ongie: Yes.
Ms. Cooper: I'm finished. I told you I estimated a half an hour. This
absolutely ought not to be approved and I will appreciate the opportunity
for rebuttal. Thank you.
Mayor Ferre: All right, now, Mr. McManus. There were several questions
that were asked. One had to do with just what the adjusted lot coverage
means.
Mr. Gary: Mr. Mayor, before you begin, I want to clearly convey to the
Commission that this proposal ... we did not have any intent to insult the
Commission.
Mr. Carollo: If I may, Mr. Mayor.
Mayor Ferre: I do not agree.
Mr. Plummer: I don't believe that.
Mayor Ferre: Wait, wait, I'm sure it was not the intent to insult the -
Commission, Howard, but on the other hand, you have to ask the question.
I have to tell you that it says here that any development permitted by
this district,shall be required to have the site and development plan
reviewed by the Planning Department. Then it says that the purpose of
that is one, in relation to major streets direct access should be provided r�=
to the site from minor or major arterial streets. Well, they all front
on Brickell Avenue, so obviously! The second thing is that the project should
be scaled to the existing public utilities, well, obviously! I mean, you
know, that is the basis....
Mr. Gary: Let us explain it. We will explain it to you.
Mr. McManus: Mr. Mayor, could I respond to that?
Mr. Carollo: If I may, Mr. McManus, I just have a statement to make before
you start, sir, excuse me. Mr. Mayor, if I recall last year we set some
guidelines as to time limitations that would be imposed on individuals
coming before this Commission and of the Commission in itself. Whether
I am for or against anything that comes up here is not the issue. I should
-=
think that it is extremely uuf.air and rude to this Commission and other
people that are waiting here o,t many items for on many occasions only one
individual to come up here and ;ake up all the time they want with no
guidelines whatsoever and hold u? the whole process of this Commission and
many people that are here to express their point of view.
Mayor Ferre: I think that is true.
Mr. Carollo: I think this Commission should be intelligent enough, if not
�.
we should not be here, to make up our minds with a reasonable amount of time
r
on something. I don't have any frustration problems to have to get up here
or here and have to speak for an hour on this subject whereas at the end
the only person that is listening is myself.
u -»
�.:
Mayor Ferre: Joe, that is true. The other side of it, however, is that
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Janet Cooper single-handedly has taken all these projects to court and has
�.:.�
successfully held u the construction or the opening of some of these projects
Y P
65 DEC 9
sl
1
Mayor Ferre (CON'T): that are worth hundreds of millions of dollars to the
investors, banks, and to the people and the developers involved. For me to
deny her the right to say everything and anything she wants to within reason
is to cause further basis for litigation. I just don't know what a judge is
going to say when halfway through her presentation the Chairman cuts her off.
God knows the impact of that. What I am saying is so much is involved and so
much is at stake in this whole matter that I would rather walk an extra mile
and I apologize for the extension of time she was permitted, but on the other
hand I think she has a right to fully expose her criteria and legal position
and to permit proper flow of information to this Commission before it makes
a decision.
Mr. Carollo: Well, number one, Mr. Mayor, let me say this, most of the
information that she has given here could have been sent to this Commission
along with other information that this Commission had received. It could
have saved not only this Commission, but mainly the people that are here
a lot of time. Secondly of all, for the record, let me state that I disagree
that she single handedly did all this. I think there is a lot more behind
her than you see when she comes up here. Thirdly, I would just like to add
that I find it very unfair that for one or two individuals like her, because
they have the resources and people behind them, to go and threaten law suit
every time for them to say anything they want up here and have all the time
in the world and for the average citizen of Miami every time they come up
here if they stay more than five minutes speaking we shut them uD there ar.a
no and or buts about it, we shut them up. Now if this is the way we are
going to run City government because one or two individuals that are trying
to blackmail and extort this Commission through that intimidation of a law
suit, they can say all they want in whatever time they want here; and the
average citizen is not going to have that right then, sir, that is wrong.
Then we should change our laws around so that anybody who wants to get up
here in this soap box can speak for all the time in the world that they want
and we will never finish City business then.
Ms. Cooper: Mr. Mayor.
Mayor Ferre: No, no, Janet. I'm not going to permit now an open discussion
and debating society here of issues. I've given you 25 minutes. I will
recognize you'f'br rebuttal on the issue only. Mr. McManus, you are recognized
to answer the questions that have been asked.
Mr. McManus: Mr. Mayor, let me cover quickly four points. First point is
this ordinance would change the character of the area. I think the answer to
that has been provided by Ms. Cooper when she said there is only one undeveloped
parcel in the zoning district. Only one undeveloped parcel....
Mayor Ferre: One undeveloped major parcel; there are small parcels still there.
Mr. McManus: We do not see this as changing the character of the area. Number
two, the developers are providing a service road and eventually will be paralleling
Brickell Avenue. That is a major concession and requirement of the developers.
Mayor Ferre: Tell me again, the what?
Mr. McManus: It is a major concession on the part of the....
Mayor Ferre: The developer is going to do what, parallel to what?
Mr. McManus: Provide the service that is a 75 foot right-of-way dedicated
service road, paralleling Brickell Avenue. That is a major benefit to the
City. That is for Commissioner Dawkins. Thirdly, what we are doing is
recognizing in an ordinance the policy that this Commission has established
in approving planned area developments in this district. Among those
policies you have established are the side yard set backs and the side
yard areas that Ms. Cooper is alluding to, which basically mean that we
are cutting them back to 65% of what they were before. That again has
been reviewed by this Commission. We, as staff, are bringing that back
to you as your own policy. Fourthly, in terms of the accessory structure
formula, as related to side yards, because buildings have various floor
areas at various heights, we have a formula in the zoning ordinance that
adjusts for the floor area at various heights of the building in order to
come up with the side yard area, because more and more buildings are not
66 0 E c 9 1900
"a
Mr. McManus (CON'T): monoliths that go up 20 floors straight up vertically
on the sides. The last point I would like to make is in response to the
site development plan review by the Planning Department, Ms. Cooper has
alluded to two standards, but she very conveniently left out the fact that
we have a full page of requirements in Article IV, Section 41, Site and
Development Plan Approval in addition to all the other requirements here.
Mayor Ferre: O.K.
Mr. McManus: This is a complete recitation and it includes requirement for
plans for recreational facilities, how these will serve the existing residents
of the facilities, plans for separating streets from pedestrian movements.
We have a full page of requirements for developers here. Thank you, Mr.
Mayor.
Mayor Ferre: I would like a full copy, Mr. McManus, before second reading
of Article IV, Section 41, 42, and 43, so I can see that before we get into
second reading.
Mr. McManus: I will be happy to supply that, Mr. Mayor.
Mayor Ferre: Now Janet for rebuttal.
Ms. Cooper: In rebuttal, this proposed amendment does refer to Article IV,
but it does not say that any of the standards listed there are for consideration.
It only says that the materials required by that section shall be submitted.
It says that there only two standards for consideration in the review. Those
that we discussed and that you yourself, Mr. Mayor, found to be adequate in
this area. There are some parcels on 25th Road in recognition that there are
a few small parcels that are not directly on Brickell but they certainly would
comply with direct access from minor or major arterial streets since 25th Road
complies with that. In regard to the number of parcels there is one major
undeveloped parcel in the area in addition to the three. The major subject
that we are talking about here is the three parcels that are in litigation.
That is the whole reason for this amendment.
As far as what Mr. McManus said, as the developer is going to provide
a service road; I asked him that question directly and specifically at the
Planning Advisory Board. That is not the case. I would like that to be made
very clear to all the Members of this Commission.
The current code requires dedication of the 70 foot strip for the future
development of a service road. So far Brickell Place has been the only
developer that has been required and that was through a settled court case
to build a service road. Every other developer has not been required to
build the service road, merely to dedicate the land for a construction of
the service road. This proposed amendment would not, as Mr. McManus just
stated to you, require the developer to build the service road. I agree
if the developer had to build the service road and pay for it, that he might
be entitled to some small bonus in exchange for taking the significant cost
-
of construction of the road off of backs of the taxpayers of this City. But
that is not what this ordinance provides. This ordinance provides the bonus
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for the dedication for purposes of the service road, not the construction of
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the service road.
The last point is on the side yard set back. Mr. McManus stated that
they are being reduced to 65%. I would point to you the example in the
Imperial where they are being reduced to less than 55% of the current
_
requirements. This is the truly most oppressive part of this ordinance.
such that it would make the quality of life really very difficult, very'
uncomfortable for those many taxpayers who relied on the current zoning
and who would like to preserve their way of life and their quality of life.
There is plenty of room to build these massive buildings in other immediately
adjacent areas in this City. You should delegate them to those areas.
Thank you.
Mayor Ferre: Thank you. Now, at the Commission level, Mr. McManus, I would
like for you at the beginning of next week to bring to my office...I would
like to see the specific impact visually in a drawing on the set back, and
the see through, and the 25% see through divisions that we have, which as
I recall is still on the books, isn't it?
6'7
DEC 91982
4.�
Mr. McManus: That is correct, sir.
Mayor Ferre: And how it affects... I'd like to ask the attorney for the
Santa Maria project, if he would. As I understood what you were telling us
here, since this is the only major piece of property left for development, is
that it is your intention to build what you have designed that is presently...
that you have not changed your design. Is that what you are saying?
Mr. O'Donnell: That is correct.
Mayor Ferre: Now, Mr. City Attorney, from a practical point of view this
is the only practical problem that we have because the other buildings have
been built, is there a way of legally putting that if they proffer this as
a volunteer thing on the books?
Mr. Garcia -Pedrosa: We can certainly do it for the....
Mayor Ferre: In other words, I do not want them to represent here and then
three weeks later they have changed their minds and they want to double the
size of the building and double the set back and get right to the property
line. If they are willing to memorialize that somehow so that it is a
legally binding thing, and I think it safeguards the integrity of the
statement that has been made here. Are you willing to do that?
Mr. O'Donnell: Obviously I would have to consult with my client. We
would certainly have that answer by the 16th.
Mayor Ferre: O.K., I think you need to have that answer before the 16th,
because I will be looking then to the City Attorney....
Mr. O'Donnell: Fine, correct.
Mayor Ferre: ....to assure me that legally that is binding commitment on
your client's part.
Mr. O'Donnella. Let me make it clear though that is under this
amendment. I do not think that the client would be willing to do it with
respect to the new ordinance. There may be a decision to go under the
new ordinance once it has been enacted. If you are talking about using
this particular amendment in this window period of the three months....
Mayor Ferre: Well, obviously if we do it with this I want to assure you
that I will consistent. I assume that I will be here in April, God willing,
or whenever this goes through. I want to tell you that it is my intention
to... I mean we are not going to go through the play acting subterfuge of
doing it on now and waiving it in April. So, I think you better...this is
a serious matter. Since you have made that representation before this
Commission, I want to make sure that your presentation is just not empty
words and that they will be forthcoming.
Mr. Plummer: What are you saying, Maurice? To grandfather the three that
are there presently?
Mayor Ferre: Well, I would not want to call it that. I think we have to
be very careful since all this is involved in litigation. We are not
grandfathering anybody. But what I am saying....
Mr. Plummer: But what are you proposing? I missed something.
Mayor Ferre: Well, see, the owners of the property in Santa Maria are
saying and have stated here through their attorney, Mr. O'Donnell....
Mr. O'Donnell: Yes, sir.
Mayor Ferre: That it is their intention not to change the plans that they
presently have for La Santa Maria. That plan fully complies and does not
have any problems because it is a real underutilization of the property.
DEC 9 1982
E
Mayor Ferre (CON'T): What I would be concerned with is the statement that
he made that they would change their minds next week. Then utilize this
as the basis for doubling the height, doubling the size, going to the
side yard property and what have you....
Mr. Plummer: Let me play that one out.
Mayor Ferre: ....on that particular piece of property. I am looking at it
from a very practical point of view.
Mr. Plummer: Yes, but I thought what I really heard was somewhat of what
I refer to as a grandfather. We have, what, three buildings, Joe, that are
involved? O.K. I think you are asking these people and I think it is
kind of unfair, or you are discussing with these people that please give
up now what you could do in April.
Mayor Ferre: No.
Mr. Plummer: In effect....
Mayor Ferre: But, you see, the point is that they on their own, Mr. O'Donnell
proffered that right here. I did not invent that. He said that they were
going to be using the drawings they previously submitted here. If that is
the case then I want to make sure that does not change. I mean he said
that. I am saying, "Are you serious?" He said, "Yes, I'm serious." I said,
"Fine, then legalize it." He said it. He volunteered it.
Mr. O'Donnell: Mr. Mayor, let me make it very clear since I have not
consulted with my client or Mr. Traurig on this. The intention of
development of the Santa Maria property, should the particular amendments
that are before you today be approved would be pursuant to the plan that
has been approved, which would be legal under that particular amendment.
However, this City has adopted a master ordinance, which is an entirely
different design concept, entirely different approach to the property. I
do now know whether or now my client has made a decision as to whether or
not he might choose, with market conditions and other things, to totally
scrap millions of dollars worth of design plans and come up with a new
plan under your new master ordinance. But that is a different issue than
before you.
Mayor Ferre: I need to know that.
Mr. Plummer: What I need to know... somewhere I'm losing something. It
would seem like to me from what I have heard, unless I am not listening
correctly, that these three developers that are vitally concerned, can
just wait until April, when the new comprehensive goes into effect and
everything that is being asked for in the third column is incorporated.
Am I correct in that?
Ms. Cooper: No, the three projects would not all comply.
Mr. McManus: Let me... could I answer that?
Mayor Ferre: Let him answer.
Mr. McManus: Commissioner Plummer, you have heard the statements from
the developers to that effect. The Planning Department has not reviewed
their plans to arrive that that determination. In other words, that is
my understanding from what they are saying.
Mr. Plummer: Well, the thing that is running through my mind is if all they
have to do is to wait until April to be legitimate, then if it is not so
then I have misunderstood what is being said.
Ms. Cooper: Santa Maria would. The other two I don't believe would.
sq
0 E C 91982
sl
0 0
Mr. Plummer: Look, let me give an example. We are talking about Villa Regina.
We are talking about Santa Maria. And what is the other one?
Ms. Cooper: Imperial.
Mr. Plummer: O.K. Villa Regina is built. Am I right or wrong? —
Ms. Cooper: Right.
Mr. Plummer: But the point is, if you don't, what the hell are you going to
do? Are you going to demand to tear the building down? _-
Ms. Cooper: That is up to the court to decide to tell them what to do. —_
Mr. Carollo: Can we hear from our City people?
Mr. Plummer: I don't understand. The building is built. What are you going
to do, go out with a big razor blade, you know, if this thing were to be denied?
Janet, I listen to what you are saying. I couldn't concur if you are right,
and we will find out between now and next Thursday, or get the other side or
another opinion. But we are talking about buildings that are already there.
Mayor Ferre: Commissioner Plummer.
Mr. Plummer: They qualified under the PAD. And that has been thrown out by
the court. But these developers played by the rules set by the City and the
PAD. They went with good faith in this City, that the had an ordinance,
and they were issued a permit under it, and they built.
Mayor Ferre: Commissioner Plummer.
Mr. Plummer: Sir.
Mayor Ferre: I agree, and that is fine.
Mr. Plummer: ;That bothers me when ,you agree with me.
Mayor Ferre: I hadn't noticed that, especially in recent months.
Mr. Plummer: Give him a penny for his thoughts.
Mayor Ferre: I completely concur with what you are saying.
Mr. Plummer: Well, where do we disagree?
Mayor Ferre: From a practical point of view there is only one major undeveloped
piece of property on Brickell Avenue. It is 400 feet wide. I would be concerned
as to the full application of all the things that this would provide for that
piece of property, especially when you look at the density along Brickell
Avenue. If these people can go 580 feet high, put a parking garage that
would go from property line to property line, and all the other things that
are involved in this, I am concerned about that. Therefore, I would be
satisfied, if what Mr. O'Donnell has said to this Commission is memorialized
into a legal document.
Mr. Plummer: All right, look.
Mayor Ferre: Then I think we have overcome the problem.
Mr. Plummer: Maurice.
Ms. Cooper: May I point out, Mr. Mayor, there is one additional property.
I was not referring to the Santa Maria property. I was referring to the
one with the single family home. It is 200....
Mayor Ferre: The is another 100...200 feet wide. I understand.
Mr. Plummer: Maurice, I understand your concern. I don't think anybody
around here, including Could, wants to go 586 feet.
70
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0 E C 9 1982.
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Mayor Ferre: Oh, yes they do.
Mr. Plummer: All right, my point is...so you simply write into the regulations
the maximum height of 300 feet, period, or whatever footage you want to set it
at. It is just that simple.
Mayor Ferre: Look, Mr. McManus, do you understand my problem? Then you help
me solve it by the second reading which is next Thursday, the 16th. Do we
understand each other? Mr. O'Donnell, do we understand each other? Other
than that, I have no further problems. There is one more speaker....
Mr. Carollo: Mr. Mayor, may I for a second?
Mayor Ferre: Yes, air.
Mr. Carollo: Thank you. I see that we have the chairman of the Planning
Board here, Mrs. Grace Rockafellar. I am sure that no one here would accuse
Mrs. Rockafellar of being a rubber stamp for anybody. Mrs. Rockafellar, can
you come up for a minute, please? It is not my intention to get you in the
middle of the debate here.
Mrs. Grace Rockafellar: I hope not.
Mr. Carollo: Since you are the chairman of the City of Miami Planning Board,
is it correct what I have here before me that your board voted 7-0 to
approve the ordinance of amendments recommended by our Planning Department?
Mrs. Rockafellar: If that is what it states there, it was 7-0. I have
forgotten the exact vote, but we had lengthy, lengthy discussions.
Mr. Carollo: I am sure you did.
Mrs. Rockafellar: We had all kinds of questions. I think we had a lot of
the people here on the spot. We have a very thorough board there. They
really go into these things. We came out of that very well pleased.
Mr. Carollo: Thank you very much.
Mayor Ferre: We have some additional public speakers that raised their
hands.
A Ms. Cooper: Just two brief points.
Mayor Ferre: Janet, I am not going to recognize you now. I will before
we conclude.
Ms. Cooper: All right, thank you.
Mayor Ferre: There was a gentleman that wanted to speak. Where is he?
All right, sir, come forward. Your name and address for the record. You
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have five minutes.
Mr. Oscar Felker: My name is Oscar Felker. I live at 145 S.E. 25 Road.
I have been president of that condominium association a number of years.
I am currently on the board of directors. Some seven or eight years ago
__-
I appeared before this Commission to oppose the rezoning of the lots at
the corners of the northeast and southeast corners of 25th Road (southeast)
_
and Brickell Avenue. They were rezoned for high rise. My concern at that ;
time, and still is that increasing the density has jeapordized the people
on 25th Road because the parking is such that (and it is getting more and
more congested) that fire equipment, heavy pieces, your 140 and 150 foot
ladders which would be required cannot get down there and move around. So,
on the basis of that we oppose any increase of density along Brickell Avenue.
>
That is our practical look at the matter. If I may take this time and ask
- ,V, ,
a question which I have tried to solve a number of times is that the other
lot that you refer to here, which is on 25th Road, is about 141 to 109
�-
(would be the numbers on those lots on S.E. 25th Road) is so overgrown
_. ;.
`f
that the sidewalks are covered. There are racoons in the fields. The
racoons come up to our....
71 DEC 9 1982
sl
6
Mayor Ferre: Are you making a note of that address?
Mr. Felker: There are rats in there. I even wrote to you, Mr. Ferre, at _
one time.
Mayor Ferre: Sir, that may be but it has absolutely nothing to do with
what we are discussing now. Mr. Manager, would you ask somebody in staff
to take the address and we will see that lot gets cleaned. Is there anything
else you want to add?
Mr. Felker: Thank you very much.
Mayor Ferre: Thank you. Wind it up just a couple of minutes, Janet.
i
Ms. Cooper: I would just like to point out that this previous speaker,
I thank him very much for coming. I ran into him yesterday and asked him
to be here. Second of all, the vote was 4-2 at the Planning Advisory Board
in the minutes on page 27. Reflect that.
Mayor Ferre: All right, let the record reflect that.
Ms. Cooper: And third of all I would like to request, Mr. Mayor, that the
meeting that you had requested from the department where they will show
you the view corridors and such, can we set that up as a workshop so I
may have the privilege of attending as well, and having the benefit of
that?
Mayor Ferre: I have no objections to that. I have no objections at all.
Ms. Cooper: Thank you.
Mayor Ferre: Let Janet know and we will let the attorneys also know so
that they can all be present. Let everybody know. _
Mr. Martin Fine: I don't care who knows and who comes, but I understand
that we are coming back to the Commission next week so....
Mayor Ferre: Yes, sir, on the 16th.
Mr. Martin Fine: ....right, have all the workshops they want.
Mayor Ferre: Yes, sir. All right, anything else? All right, what is the
will of this Commission at this time? Mr. Plummer, Commissioner Dawkins,
are we ready to vote now? All right, what is the will of this Commission?
Mr. Carollo: Mr. Mayor, I move that we approve the recommendations by
our Planning Department and the Planning Board.
Mayor Ferre: There is a motion on the floor. Is there a second?
Mr. Plummer: Mr. Mayor, I am going to second the motion, but I want to
state into the record that I am doing it to start the time frame running.
Mr. Carollo: It is a first reading.
Mr. Plummer: The first reading and it does not in any way preclude my
changing my vote or a great deal of amendments being made to it prior to
r
the second hearing.
Mayor Ferre: You are right.
K
Mr. Plummer: I have no problem with passing it on first reading today.
It does not become an official law for 30 days after the second reading.
But I want it fully understood that is the reason I am seconding the
motion: to get the time frame running.
Mayor Ferre: I understand, and that has always been the case. Further
discussion? I want to let the record reflect also, the attorneys that
are here —that I would be very grateful in their assistance; especially
that of Mr. O'Donnell along with the staff to make sure that we work out
the practical problems that are left on Brickell Avenue.
iy
72 DEC 9 1982
Mr. Plummer: Well, Mr. Mayor, you have outlined to staff and I hope that
they will copy all of us or even make a presentation here. I want to see,
like the Mayor, a graphic display showing the corridors. I want to tell
you the area in which I have the greatest concern. It is not the height.
I have no problem with height. You know, God only made so much waterfront
property. I have no problem with it. It does become a problem in F.A.R.,
but going up is one thing. My greatest area of concern is those areas in
which accessory buildings or buildings....
Mayor Ferre: That is me too.
Mr. Plummer: ....could be built smack up against smack up. I think that
is absolutely wrong. I will not vote for such a thing under any circumstances.
Mayor Ferre: And then we end up with Collins Avenue.
Mr. Plummer: Now I am not talking about ... excuse me, Mayor...I am not
talking about swimming pools. Swimming pools are recreational. That is
a different ball game. I am talking about a concrete wall, whether it is
a parking structure or shed or whatever it is where we could be faced with
the situation of both of them up against that lot line.
Mayor Ferre: All right, further discussion? Call the roll.
Mr. Garcia -Pedrosa: Let me read the ordinance, Mr. Mayor.
Mayor Ferre: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY AMENDING ARTICLE X-1 ENTITLED "HIGH DENSITY
MULTIPLE R-5A DISTRICT" BY ADDING A NEW SUBSECTION (5)
TO SECTION 3 (YARDS), AND BY AMENDING SECTIONS 5
(FL'OCR AREA RATIO) AND 6 (LOT COVERAGE); FURTHER BY
ADDING A NEW SECTION 9 ENTITLED "SITE PLAN REVIEW" TO
SAID ARTICLE X-1; BY REPEALING ALL ORDINANCES, CODE
SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING
A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo, and seconded by Commissioner
Plummer 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.
ON ROLL CALL:
Mr. Dawkins: I am voting yes, but in voting yes I am like the rest of us.
This is the first reading. I want the Planning Department to understand
that I under now way buy the theory that we have to make all these concessions
in order to get land developed. Everybody in here realizes that land is a
commodity that they are not making any more of. Anytime someone tells me that
they are not going to develop it because concessions are not made I do not
believe it. I am hoping ... no, I am going to have to make a sacrifice, from
now on I will attend the Zoning Board meetings so that I will not have to
sit up here and have to take time to ask questions that I should be asking
of the Zoning Board. I vote yes.
73 DEC 91982
y..
al
Mayor Ferre: Mr. Manager, I have no objections to placing a time certain.
The only way you can do that, the only time you can do that, Mr. Dawkins,
is by placing either first or second on the afternoon agenda. That type of
thing.
Mr. Dawkins: Mr. Mayor, I have a problem with this. I love Mr. Marty Fine,
but I am not going to make any concessions for him. I'm sorry, Marty, I
did not mean it that way. I mean I am not making any concessions. I am
going to treat this issue as I treat any other one. If it is the first one
that you have to put in the agenda, put it on. If it is the fifth or sixth
one you have, put it on it; just like we do anybody else.
Mayor Ferre: Fine, I have no problems with that. There is no other constrainsts
or reasons why it should not be first on the agenda. I have no problems. If
you have a reason or if you have something else that you want to put first on
the agenda, I have no problems with that. But unless somebody else has an
overriding reason any member of the Commission or the Administration, please
put it first on the afternoon agenda.
32. CONFIRM REAPPOINTMENT OF DIANNE SAULNEY TO THE OFF-STREET
PARKING BOARD.
Mr. Plummer: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Plummer:. Could I ask consideration? I just went into my office. I
found Roger Carlton in there who is... This has nothing to do with you all.
...who is very, very ill with the flu. He is here for three minor items.
Could we hear him and let the man go home and go to bed? On the Off -Street
Parking, in case anybody has questions.
Mayor Ferre: I have no objections to doing that, unless somebody else does.
Mr. Plummer: Where is Roger? I do not want anybody dying in my office.
It would be a direct conflict of interest.
Mayor Ferre: Mr. Carlton, what items are you here for?
Mr. Plummer: Mr. Mayor, if there are no questions by Members of the Commission
of those items: 36, 37, and 38....
Mr. Carollo: So move.
Mr. Plummer: I will second them.
Mayor Ferre: There is a motion on item 36. It has been seconded. Further
discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, -
who moved its adoption: -
RESOLUTION NO. 82-1135
A RESOLUTION CONFIRMING THE REAPPOINTMENT OF MRS.
y= DIANNE SAULNEY SMITH TO THE OFF-STREET PARKING
BOARD OF THE CITY OF MIAMI.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
74 DEC
9 1982
K
1
Upon being seconded by Commissioner Plummer, 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.
33. CONFIRM REAPPOINTMENT OF H. GORDON WYLLIE TO THE OFi-
STREET PARKING BOARD.
Mayor Ferre: Carollo moves 37. Plummer seconds. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-1136
A RESOLUTION CONFIRMING THE REAPPOINTMENT OF MR. H.
GORDON WYLLIE TO THE OFF-STREET PARKING BOARD OF THE
CITY' OF MIAMI.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
34. CONFIRM NOMINATION OF LESLIE PANTIN, SR. TO SERVE AS A
MEMBER OF THE OFF-STREET PARKING BOARD.
Mayor Ferre: Who moves 38?
Mr. Dawkins: I do.
Mr. Perez: Move.
I
it
75
E
0
Mayor Ferre: Moved and seconded. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 82-1137
A RESOLUTION CONFIRMING THE NOMINATION OF LESLIE PANTIN,
SR. AND APPOINTING THE SAID INDIVIDUAL TO SERVE AS A
MEMBER OF THE OFF-STREET PARKING BOARD OF THE CITY
OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted herein and
on file in the Office of the Clerk).
Upon being seconded by Commissioner Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
' 35. AMEND CHAPTER 62 ENTITLED ZONING AND PLANNING ENTITLED
ZONING FEES; PROVIDING FOR LAND USE APPLICATION FEE REDUCTIONS
UNDER CERTAIN CIRCUMSTANCES.
�s
Mayor Ferre: Take up item 7. The Chair recognizes the Administration.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: This item basically (it is on second reading)...what it is requesting
is that if a developer applies under our existing zoning laws and they are
later challenged by the courts or some other outside sources, then we are
saying we would like to give that developer a break in terms of the zoning
fees if he attempts to apply under a different zoning ordinance, with the
understanding that he will pay all the administrative and management costs
associated with the application. For example, if the developer applies in
the R-5 and all of a sudden he has to apply in the R-5A because there are
some actions not in conjuction with his actions but because the court ruled
it illegal or improper that he can take the same application and apply on
a different zoning, if he so wishes. Instead of having to pay the fee
� all over again, he only has to pay our costs. It is recommended by the
2 Administration.
L
Ms. Janet Cooper: Janet Cooper, 1901 Brickell Avenue, President of Save
Brickell Avenue Inc. When this came before you on first reading I was
called down and I saw it right away. I did not have time to think about
it or read it. I told you that it did not bother me too much. Since then,
I have thought about it and it bothers me. We are talking about. a situation
here where a different development other than the three we were just discussing
came in under a PAD and got caught in the middle and the developer does not
want to pay the full fee for a variance. The ordinance is written, I am
sorry to contradict Mr. Gary, but it does not talk about paying all the
Administrative costs. It talks about paying 15% of the application fee,
76 DEC 91982
r
sl
Ms. Cooper (CON'T): ....plus all advertising cost. The more I thought
about it the more it seems to me that the project has to go through the
full complement of review by all the members of staff. It is just as
expensive for the City to handle it under the different application, under
variances opposed to PAD. There are different things they have to look at
even though the plan may be the same. I think it would cost the same to
the City. In addition, and perhaps more importantly, it would give a sense
of approval to a project that while it might have qualified under the PAD
ordinance it certainly may not qualify under the more stringent hardship
requirements of a variance. I would hate to see the City put that sort of
approval on it. I do have a lot of sympathy for Mr. Price's client. I
do not know why Mr. Price left. I am sure he did want to speak to you on
this, but I have a lot of sympathy for him. I would recommend that the
Commission handle these types of things on an individual, one -by -one basis.
It is not going to happen very often. Then the particular matter can come
up to you and you can hear the equities of that :.tuation. I don't think
it is necessary to draft an ordinance to deal with every one -type problem
that comes up. So I would recommend that you do it that way.
Mr. Plummer: Does anyone else wish to discuss the item?
Mr. Gary: Yes, I would like to respond to her comments. I am glad to say
that she said that initially she approved, agreed with this process. I would
like to disagree with the fact that if staff has reviewed an application (and
the language specifically says "similar application") obviously it does not
take the staff the same amount of time to review the same application they
reviewed before. Obviously if it has to go back for a similar process, regardless
if it goes to the board and they have reviewed it before in a similar, they
do not have to spend as much time. So the cost, to be honest with you, there
was some question as to whether or not we were charging too much. I think
the 15% plus all advertising costs does adequately cover the costs associated
with the review of a similar application.
Ms. Cooper: In response, first of all, we did not talk about a similar
application. This was changed at first reading to an identical site plan.
The language was changed here at the Commission. I said if it were similar,
that is the way the developers can come in and make changes that are not
otherwise acceptable. The language was changed before the first reading
to, I believe the language was, "encompassing an identical site plan."
That is what was passed on first reading. Beside the cost, which I certainly
defer to Mr. Gary's knowledge on whether 15% would cover the actual cost,
my real concern is the implicit approval that would be given by an ordinance
of this nature. I again suggest it could be handled... it would be so
infrequent it could be handled on a one -by -one basis more efficiently.
Also Mr. Price's application will be different, so if you pass it the
same as it was passed on first reading, he would not even come under this
anyway. So it is futile.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: First of all, we are talking about... forget about the last ordinance...
we are talking about the current ordinance. On page 2 of that ordinance, it
says a similar application encompassing an identical site plan. Do you have
that?
Ms. Cooper: O.K., I'm sorry, no, I don't have that. But if it says encompassing
an identical site plan then we are on....
Mr. Gary: No, come over here and look at it. You come over here and look
at it. Do you trust me?
Ms. Cooper: I trust you.
Mr. Gary: Good.
Ms. Cooper: As long as it says encompassing an identical site plan.
Mr. Gary: It says that.
' DEC g t9
sz
to
i
Mayor Ferre: Are we about concluded now? Further discusssion?
Mr. Plummer: I guarantee we are going to conclude when anybody trusts Gary.
Mayor Ferre: Is there a motion on the floor?
Mr. Plummer: Move it.
Mayor Ferre: There is a motion by Plummer. Is there a second?
Mr. Carollo: I second.
E
Mayor Ferre: Further discussion? Read the ordinance and call the roll.
■
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI,
AS AMENDED, BY AMENDING CHAPTER 62 OF SAID CODE
ENTITLED "ZONING AND PLANNING," ARTICLE VI, ENTITLED
"ZONING FEES," MORE PARTICULARLY BY AMENDING SUBSECTION
62-61(3), AND BY ADDING A NEW SUBSECTION (10) TO SAID
SECTION 62-61; PROVIDING FOR LAND USE APPLICATION FEE
REDUCTIONS UNDER CERTAIN CIRCUMSTANCES; AND CONTAINING
A REPEALER PROVISION AND SEVERABILITY CLAUSE.
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 Plummer, seconded by Commissioner Carollo, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Demetrio Perez, Jr.
Vice'Mayor J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9528
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.
36. SECOND READING ORDINANCE: AMEND CHAPTER 22 OF THE CODE ENTITLED
"GARBAGE, TRASH, AND RUBBISH" BY INCREASING THE FEES. E{,i
Mr. Plummer: Item 9. Are there any persons wishing to be heard on 9?
Mrs. Rockafellar. Mr. Gary, do you wish to explain item 9 before Mrs.
Rockafellar starts?
Mrs. Rockafellar: Yes, I would like an explanation.
'!1T I Mr. Gary: I feel like a broken record. I am going to tape this so I
can play it at the next meeting.
Mr. Dawkins: If you aren't careful, you may have to.
DEC gigfift
=
6
0
Mayor Ferre: Go ahead. We are on 9. Go ahead, Mrs. Rockafellar.
Mr. Gary: Mr. Mayor, Members of the Commission, during the budget process
the City Commission adopted an appropriation ordinance and a revenue ordinance
that increased the garbage fees from $100 to $125. The additional $25 fee
would generate approximately $1.8 million in revenues. Those revenues were
utilized to balance the budget. That was done on two public hearings that
the City Commission passed on first and second reading. The budget presently
is in the red by $1.8 million as a result of the City Commission not passing
this ordinance. In addition to that....
Mr. Dawkins: You have to be kidding. You just hired Rick Horrow for $40,000.
Mr. Gary: I took that out of a different fund, sir.
Mr. Dawkins: O.K., all right.
Mr. Gary: As a result of the reduction of the refusal of the City Commission
to pass a change on the detail code, I have implemented a freeze of all
employees. As a result of that I have also asked the budget department to
prepare for me the status of the City's current budget as of right now. I
will have Mr. Eads of my staff pass out a memo and it reflects that the City
now has a projected shortfall of $3 million. $1.8 million of that is because
we have not passed the $25 garbage fee, the 1/2t sales tax, which the State
Legislature impossed regarding crime and other matters making a shortage of
$637,600 as a result of a lack of tourism, the sale of gasoline and other
taxable items, the administrative surcharge of off duty police officers,
which this City Commission passed during the budget process by which they
appropriated funds and have not approved as of right now; it is $360,000.
State Revenue Sharing, as a result of the sales tax is going down and we
lose approximately $250,000. The Police Department reports, which the City
Commission passed during the budget process would fail to pass the change of
detail code of $71,500. Therefore we have a projected shortfall of $3 million.
I am asking the City Commission to take action on the waste disposal fees
and those other revenues that they so dutifully approved on the budget process.
If not, the bA come will be that we have to reduce services and lay off
approximately 180 people. If that continues without an appropriation, the
longer we wait the more people I have to lay off because it is going to take
more people during a portion of the year to generate those amounts of money
as opposed to doing it at the beginning of the year.
Mr. Plummer: Absolutely no problem, Mr. Gary. This Commission will tell you
where to start with 180 and where to finish.
Mr. Dawkins: I second that motion.
Mrs. Rockafellar: Well, do I get to talk on it?
Mr. Plummer: Go ahead, Grace.
Mrs. Grace Rockafellar: For the record, I am Grace Rockafellar. I live
at 814 N.E. 71 Street. I'm president of the Northeast Miami Improvement
Association and director of the Miami Civic League; also president of the
Northeast Taxpayers Association. I am appearing here today as a private
citizen. There is much in this I do not i::idar3tand. Does this also
involve curbside garbage pick up?
Mr. Gary: No, it does not.
Mrs. Rockafellar: All right, I just heard the Manager say to raise the
garbage fee from $100 to $125 and it states here from $75 to $100. Which
is correct, Mr. Manager?
Mr. Gary: $75 to $100.
Mrs. Rockafellar: $75 to $100. Now, we were a little bit shocked the
other day when I heard our very qualified Manager (I happen to think he
is very qualified) come on radio and say unless this garbage fee was
79
DEC 9 I982
Mrs. Rockafellar (CON'T): increased they are going to have to lay off police
officers and firemen. Those were the only two people he mentioned on the
radio. I do not know how correct you were on that. W
Mr. Gary: That was not what I said.
Mrs. Rockafellar: That is what came over on the radio. But nevertheless, I
don't think that if this keeps going on you have a $3 million shortfall in
the budget. I don't think that people are going to be able to afford garbage
after a while. Because every time, as Commissioner Carollo also stated and
it was a factual, you hit them in the garbage can. Every time you have a
shortfall the garbage fee goes up.
Mr. Dawkins: Amen.
- Mrs. Rockafellar: When this started out not too long ago, our garbage fee
was included in our property taxes. Then it went to $50. Then it went to
$75. Now it goes to $100. Three million dollars is a long, long way off
from raising it $25. Now next month we are going to get another $100 fee
on this or are we going to have to use the lot out here in front to put
our garbage so we can afford to have it picked up? Now you said something
also in this about containers --appropriate containers. Are you going to
charge us for the use of our own containers in this?
Mr. Gary: First of all, this is not curbside.
Mrs. Rockafellar: No, no, but in here it says appropriate containers --they
are going to be charged so much for a container. You did not explain that.
Mr. Dawkins: That is what it says. And it did not say who approved them
or what appropriate ones are.
Mr. Gary: No, we are not going to charge you for any containers. You are
going to use your own containers.
Mrs. Rockafellar: We are going to use our own containers?
Mr. Gary: That is correct.
Mr. Dawkins: By "container is approved"? You have approved containers.
Is my container approved?
Mr. Gary: Yes, it is.
Mrs. Rockafellar: You have an awful lot of stuff in here that is unnecessary
then. But I would like to make another comment, if I can here. I know it
is awfully difficult for the people sitting on this Commission. Some of
you are independently wealthy. Others all have good positions.
Mr. Dawkins: Like whom?
Mrs. Rockafellar: I am not talking about myself. I imagine all of you have.
But there are so many people in the City of Miami that have difficulty now
with unenployment like it is, with the crime rate. We are the capital of
the crime world here right in the City of Miami. People cannot find enough
money to eat on. When you take another $25....
Mayor Ferre: Come on, Grace, that is not so.
Mrs. Rockafellar: Are you talking to me or him?
Mayor Ferre: I was talking to you, but I am glad you did not hear me because
you would not be overly happy. Go on.
Mrs. Rockafellar:
Well, anything
I say to this Commission I
am going
to say
so you can hear it.
It is awfully
difficult for people that
are really
strapped, and those
unemployed to
come up with another $25.
It :Fight
mean
that they have to cut
down on meat
instead of once a week, once every
two
weeks so forth. It
seems to me that
if the City were not so
generous
in
giving money away,
a $5,000 here,
$10,000 there, anybody who
wants to
have
80 DEC 91982
Mrs. Rockafellar (CON'T): a festival or something... I have sat in this
Commission when up to $50,000 was given away. Now those are all our tax
dollars. I know that you want to be good to these people. But what you
are doing is you are using funds that were not allocated for such a project
and then you have to come back and raise the fee on the very people that
cannot afford it. Now the Northeast Miami Improvement Association will
be 56 years old in March. We have put on a lot of things that we have
never once come before this Commission and ask 5C for help. We go to the
merchants and to the residents and to the members of the association to
raise the money so there should be some ways that you can think of for
raising money. I doubt if anybody is listening to me, but I am going to
continue anyway. There should be some ways that the Commission can think
of to reduce expenses besides continually raising the garbage fee or
threatening to lay off police officers and firemen which are the two most
essential branches of the government we have. I wish you would consider
that. I thank you very much.
Mayor Ferre: Mr. Manager.
Mr. Gary: Let me just talk about some of the language that we have here
so people won't be confused. For example, we just cleaned up the code with
some these other detail items, when it says $1 per can that only deals with
commercial clients who have more than four cans for trash. It does not
deal with the home owners. This is just changing that section of the code.
When it talks about change from 25 gallons to 32 gallons that just reflects
the fact that 32 gallons now in industry are standards, where our code said
25. We do not want to be in the position of picking up 32 gallon cans when
really the standard is now 32 but our code says 25, so it is just cleaning
up the code. This basically increases the fee from $75 to $100 and does
some home cleaning of the code. That is it basically.
Mayor Ferre: All right, questions from Members of the Commission.
Mr. Dawkins: Yes, sir.
Mayor Ferre:. Commissioner Dawkins.
Mr. Dawkins: Mr. Gary, I have quite a bit of problems with every time there
is a cut, the balance, the majority of it is with the Sanitation Department.
Two years ago, I tried to get my aid to bring me the budget book, where you
distictly said in the budget that everybody had been cut so much in order to
add to police and fire. I do not know whether you are trying to pull my leg
because you know that sanitation is dear to me....
Mr. Gary: That is correct. That statement is correct and I stand by that.
Mr. Dawkins: By what?
Mr. Gary: By the philosophy that we have... the City Commission took the
philosophy that in prior budget years when we had to reduce that everything
would be reduced except police and fire.
Mr. Dawkins: But now you come and tell me because I failed to vote for
a garbage trash collection you are going to cut waste disposal ... and it
says here now... if I am in error...you are going to lay off 104 people.
Although in your budget you say that this department suffered the greatest
amount of cuts in the last two years.
Mr. Gary: I don't know....
Mr. Dawkins: I beg your pardon?
sl DEC 91982
`f 0
Mr. Gary: Let me just correct the figure.
Mr. Dawkins: I'm going to read what I have here.
Mr. Gary: O.K., if you look on the third sheet I said that there had to
be 180 people laid off to generate $3 million. Solid Waste has a position
reduction of 27....
Mr. Dawkins: O.K.
Mr. Gary: ....as opposed to 104. There are other alternatives that I tried
to provide to the City Commission that could be considered: various mixes of
lay offs.
Mr. Dawkins: O.K., on the first page of your memo you have waste disposal
fee and you have lay off 104.
Mr. Gary: No, that is not Solid Waste people. That is in order to generate
$1.8 million that I have lost I have to lay off 104 people city-wide. That
is not in the Sanitation Department.
Mr. Dawkins: Oh, O.K.
Mr. Gary: You see what it says waste fees I lose $1.8 million in order....
Mr. Dawkins: So you have to lay off 180 people, period.
Mr. Gary: For $3 million.
Mr. Dawkins: That is the total.
Mr. Gary: That is the total.
Mr. Dawkins: Then when I go to page three you tell me who these 180 people
are.
Mr. Gary: Exactly.
Mr. Dawkins: I have no problem with that.
Mr. Carollo: That depends who you are going to lay off now. If you go
into the higher salary brackets, you would have to lay off a lot fewer
people.
Mr. Gary: That is correct.
Mr. Dawkins: I will save this until the next one. I'm finished. But you
distinctly said that this has nothing to do with the curb side pick up.
Mr. Gary: No, it did not have anything to do with curb side. I have not
recommended in any of this or the legislation under nine that we go to
curbside. It has nothing to do with curbside.
Mr. Carollo: I tell you you know what is really hurting the City. It is
not just what Grace Rockafellar said of a lot of money being given to
places that we really should reconsider, but the main area where a lot of
our money is going to waste is in a lot of these high caliber salary people
that are making $60,000, $70,000, $80,000, $90,000, some even over $100,000. .
I mean you look at some departments. Just in a handful of departments that
come to mind right now there are over —in one department alone there are
over 30 people that make over $50,000 a year, not including all the fringe
benefits --the salary alone. You can go on, and on, and on. I understand
that you have to pay people a decent salary, especially if they have a lot
of experience and they have taken a lot of time in school to reach the
point in life that they are in. But at the same time I tell you we have
a lot of people in City government that if you told them, "there is the
door," they could not even find a job that would pay them half of what
they make here in City government today. Unfortunately, those people
that come to City government not all the time are the most qualified
1 DEC 91982
Mr. Carollo (CON'T): people that you have. Many of the time they are the
most unqualified people that you have because they cannot make it in the
real world; therefore, they had to come to a place where they have Civil
Service, they play politics and a lot of other games to protect those high
salaries that otherwise they could not make in the real world.
Mr. Dawkins: Mr. Gary, would you do me a favor, sir? I understand that
there is an impasse between the sanitation workers and the Administration.
I think, and if I am in error I want the City Attorney to correct me, this
is the only hearing that we can hold outside of the Sunshine Law. Am I
correct?
Mr. Garcia -Pedrosa: Complying with the Sunshine Law, yes, sir.
Mr. Dawkins: O.K., so we do not...Mr. Gary, would you set up a meeting
with Mr. Gary, the Labor Relations' man, and myself. Bring with you for
that meeting the contracts that were signed over the last four years with
the Fire Department, with the Police Department, and the Sanitation workers.
I would like to discuss with you at that meeting any differences that you
and I may have so that I can see with you where it is, where we are, and
how close we are in negotiating settlements with the Sanitation workers in
line with what we have given everybody else.
Mr. Gary: I will do that in a private meeting with you.
Mr. Dawkins: That is what I said, private meeting, yes, sir. By all means,
I know we have to do it in private, sir.
Mayor Ferre: Further questions?
Mr. Perez: Mr. City Attorney, could I get an answer to the question that
I made in the morning?
Mr. Garcia -Pedrosa: Yes, Commissioner, you asked me if stripped of all
technicalitfes the consideration of this ordinance was anything other than
an implementafion of something that you had already for all practical
purposes, in essence decided. I have considered that and in my views,
sir, that is entirely correct. When you passed the budget the figures
that the Manager has given you were reflected at that budget, sc; by voting
on this ordinance you are merely carrying out what is very clearly set
forth at the time of the budget hearings and of the budget adoption.
Mayor Ferre: We are legally bound. Further questions? Are we ready to
vote? We are ready now to vote on item 9. Is there a motion?
Mr. Perez: Do we have to vote on this issue in accordance with the
opinion of the Attorney?
Mayor Ferre: Absolutely, because this has nothing to do with the budget
itself. It has to do with amending Chapter 22 entitled "Garbage, Trash,
and Rubbish" and it has to do with a whole bunch of things. This memorializes
what has already really been done as you have clearly specified. But I
think we have to vote on this, don't we?
Mr. Garcia -Pedrosa: I think you have, Mr. Mayor.
Mr. Plummer: First of all, before I vote, under discussion. Mr. City
Attorney, does the City Manager have the authority to amend or modify
the budget without Commission approval?
Mr. Garcia -Pedrosa: No, sir.
`
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DEC g 1982
sl
I
Mr. Plummer: So, in other words, he has a right to put in a freeze, but
he does not have a right to say where that freeze will be when he modifies
the budget.
Mr. Garcia -Pedrosa: He has an obligation, the City does....
Mr. Plummer: He has an obligation to bring it to this Commission, the Manager.
Mr. Garcia -Pedrosa: No, no, I was saying that he has an obligation to not
to run the operation in the red.
Mr. Plummer: Oh, I fully concur with that.
Mayor Ferre: He has a much more serious obligation. This Commission has
already voted on this issue when it adopted the budget and it is binding
on us. I think that is what he is saying.
Mr. Plummer: What I am saying is that the Manager does not have the
authority to enforce modifications to the budget without Commission approval.
Mayor Ferre: That is correct.
Mr. Plummer: If the Manager wants to come here and say ... and I am going
with you so, be quiet... if he wants to come here and recommend that we
lay off these people and we agree, then we agree.
Mayor Ferre: That is correct.
Mr. Plummer: But if we do not agree, he does not have the authority to
overrule us. I want to make that for the record, especially in police
and fire.
Mr. Dawkins: And sanitation.
Mr. Plummerr ,And sanitation.
w
Mr. Dawkins: Thank you.
Mr. Plummer: But I want that on the record and I don't want him to goof up
later and come back and say, "well, I did not know any different." Second
of all, Grace, nobody likes the taxes. I don't like them. But let us
address reality. I want this on the record. It has been said before.
It is reduntant. I don't want to make a motion. I want to tell you that.
Mayor Ferre: You what?
Mr. Plummer: I don't want to make the motion, but I am going to approve it.
Mr. Dawkins: Oh, I love you.
Mr. Plummer: I ain't going for a penny. He is the cheapie. I go for 25.
-
I want to tell you what this increase in reality is. No, first I want to
_
tell you that if you lived in the County, number one, you would do that
dastardly deed called taking your garbage to the curb side. Second of all,
your trash you would take in your truck or car or wherever to a dump; it
closes at 5:00 o'clock. Thirdly, you would have the golden opportunity
-
of not paying $100; you would be paying Mr. Patterson $198. Now, that is
if you lived in the County. If you live in the City but unfortunately
have to go with a unified system because the courts closed our old smokey,
this increase is only addressing the increase that this City was charged
- j
by the County in the increase of tonnage from Mr. Patterson's $4 a ton
to $17...from $12 a ton to $23 a ton. Had they not charged us this year
-
this great increase we would not have a justification to raise this fee.
=4`
I do not like the tax. I do not want it. But I am getting for half of what
:f
the County gets I am getting better service, better pick up. It is not the
utopia, but as far as I am concerned there is no other way to be practical.
We have the fee. We have to pass it on. We are still 50% less than our
nearest competitor. It is the only game in town. I move item 9.
84
DEC 91982
Mayor Ferre: Is there a second?
Mr. Dawkins: Mr. Gary.
Mayor Ferre: Wait, wait, I have to see if there is a second.
Mr. Dawkins: He spoke 30 minutes before.
Mayor Ferre: I will let you speak all you want....
Mr. Dawkins: Before he moved it.
Mayor Ferre: But once he makes a motion, Miller, we have to get a second.
Mr. Dawkins: All right, I will move it for the sake of discussion.
Mayor Ferre: All right, now I recognize you.
Mr. Dawkins: You made me forget my train of thought now.
Mr. Gary: You said, "Mr. Gary."
Mr. Plummer: Is that the same as chain of command?
Mr. Dawkins: Mr. Gary, the only thing I have to say to you is that you
have been before this Commission four or five times with this ordinance.
Four or five times you have been rebuffed. I am going with you. But I
would hope that somewhere along the line you have to learn to give some
too. You have four damn members up here who do not want curb side pick
up. It is time that you learn.
Mr. Plummer: Oh, no, he will learn on that one.
Mr. Dawkins: You have to learn that somewhere you have to back off. So
now I am going, along with this in the event that you don't back off on curb
side pick up, 'and I may not back off next time with you. I second it.
Mayor Ferre: I want you to know that I am listening very carefully. Further
discussion? Call the roll. Let's go. Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 22, ENTITLED "GARBAGE, TRASH,
AND RUBBISH," OF THE CITY CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY AMENDING SECTIONS 22-1, 22-2,
22-5, 22-6, 22-7, 22-8, 22-9, 22-10, 22-13 AND 22-39
OF SAID CHAPTER 22 AND BY REPEALING IN ITS ENTIRETY
EXISTING SECTION 22-11 OF SAID CHAPTER AND BY RENUMBERING
EXISTING SECTION 22-12 AS NEW SECTION 22-11 AND RENUMBERING
EXISTING SECTION 22-13 AS NEW SECTION 22-12 AND BY ADDING.
A NEW SECTION 22-13 PROVIDING BY SAID AMENDMENTS THE FOLLOWING:
A CHANGE IN THE CHAPTER TITLE TO "GARBAGE AND TRASH"; NEW
DEFINITIONS THEREIN FOR THE TERM "TRASH" AND DELETION OF
THE TERM "RUBBISH" FROM EXISTING DEFINITIONS; THAT THE
NAME FOR CONTAINERS USED BY THE PEDESTRIAN PUBLIC BE CHANGED
FROM "TRASH" TO LITTER AND DEFINING SAID LATTER TERM; THAT
ALL SINGLE FAMILY HOUSEHOLDS AND DUPLEXES SHALL BE ENTITLED
TO COLLECTION OF ALL GARBAGE PLACED IN APPROVED CONTAINERS;
COMMENCING JANUARY 1, 1983, THE FOLLOWING FEE INCREASES:
AN INCREASE FROM SEVENTY CENTS ($0.70) TO ONE DOLLAR ($1.00)
IN THE CHARGE FOR EACH CONTAINER IN EXCESS OF THE NUMBER OF
CONTAINERS ALLOWED CERTAIN COMMERCIAL ESTABLISHMENTS FOR
REGULAR SERVICE COLLECTIONS; AN INCREASE IN THE ANNUAL
WASTE FEE FOR THE PURPOSE OF DEFRAYING THE COST OF WASTE
COLLECTION AND DISPOSAL FROM $75.00 TO $100.00 FOR
RESIDENTIAL UNITS, FROM $38.00 TO $50.00 FOR DWELLING UNITS
IN AN APARTMENT BUILDING, FROM $145.00 TO $195.00 FOR ALL
BUSINESSES NOT SERVICED BY PRIVATE SANITATION COMPANIES;
THAT THE WASTE FEES AND DELINQUENT PENALTIES TO BE ASSESSED
IN SAID CHAPTER AND THOSE FEES WHICH HAVE BEEN ASSESSED SINCE
JANUARY 1, 1981 CONSTITUTE SPECIAL ASSESSMENT LIENS; CONTAINING
A REPEALER PROVISION, AND A SEVERABILITY CLAUSE.
sl
DEC 91982
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 Plummer, 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: Commissioner Joe Carollo
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9529
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. Perez: Let me make clear that in the past I have voted against all
the garbage increases. I was very clear. That is why today I wanted to
clarify that question from the City Attorney. Based on his explanation
I vote yes.
Mr. Carollo: After hearing some of the explanations some of my colleagues
gave here on why they are voting the way that they are, it brings to mind
the mind the story of the rapist that went before the judge. When they
asked him to plead, he said, "Your Honor, I just could not help it. I
could not help it." I vote no.
Mr. Plummer: Mr. Carollo, you have never lived until you have been
raped by Mr. Patterson.
Mr. Carollo: That's what they tell me.
Mrs. Rockafellar: Mr. Mayor, I just want to say this if I may. Our
biggest concern was curb side garbage and the police officers.
Mayor Ferre: I know that.
Mrs. Rockafellar: And if you recall, if I may take you back when you first
ran for mayor, the biggest subject then was curb side garbage. You
definitely said, "As long as I am mayor there will be no curb side
garbage."
Mayor Ferre: I sure did. That is why we put it on the ballot. Do
you remember the results?
Mrs. Rockafellar: That's right. I remember you went all over the City.
Your top aide Frank Cobo and I did too. Everybody was opposed to it.
So that was our biggest worry.
Mayor Ferre: That is why we put it on the ballot.
Mrs. Rockafellar: I thank you.
You saw the results.
DEC
91982
W,
sl
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0
37. PUBLIC HEARING AND SECOND READING ORDINANCE: AMEND SECTION
18-73 OF THE CODE ENTITLED "MINORITY PROCUREMENT PROGRAM";
PROVIDE FOR 50% SET ASIDE FOR MINORITY CONTRACTORS.
Mayor Ferre: Now we are on item number 13, which is a minority procurement
program. Erny, hold on before you get going.
Mr. Erny Fanatto: I don't want to hold on. I want to speak. I have been
waiting all day.
Mayor Ferre: Well, you can wait a little longer. The next item is item
number 13. Mr. Manager, the Chair recognizes you, sir.
Mr. Gary: Mr. Mayor, I have one minor correction to the ordinance that
you have before you. I would like for Mr. Eads to pass it out. Mr.
Mayor, Members of the Commission, the only change is on section 1-3.
At the bottom of the page has been added "majority owned" just to
clarify what a minority is. "Majority owned" has been added.
Mayor Ferre: All right, let us get into this thing. Mr. Manager, why
don't you make a brief introductory remark as to why legislatively we
have to do this.
Mr. Dawkins: Before you get into that, Mr. Gary....
Mayor Ferre: Let me finish. Perhaps document for us the need for this
to the past experiences of the City of Miami. By the way, I understand,
Mr. Gary, and I will recognize you in a second...
Mr. Dawkins; O.K.
Mayor Ferre: I understand that this coming Sunday in Neighbors in the
northwest part of Miami there is going to be an article, according to
Wellington Rolle that says that the City of Miami has not lived up to
the November 1981 procurement policy that we passed. I would be very
grateful if tomorrow you would have the appropriate people in accounting
get into that and document it very carefully. I understand that the
story in Neighbors, and I don't know how Wellington Rolle has access to
the Miami Herald's section of Neighbors and I am very suspicious two
days before an election that there is going to be a major story in
Neighbors about our minority procurement policy of 1981. You recall
what I am talking about, the 10%. Since George Knox and you were
both the authors of that. We passed it a few days after the election.
Miller was on the Commission that voted for it, as I did and so on. I
think it is important really that we live up to these things because
even though Mr.Rick Zaldivar in his inimitable way in the Miami Herald
wish to make this a political issue of this campaign, I want to assure
you and I want to assure the public that no matter what happens on December
14th I am adamantly and strongly in favor of this. I will explain my
feelings on it in just a few minutes. Go ahead and begin your....
Mr. Dawkins: No, I have to get something clear before Mr. Gary does anything.
First thing is I would like to concur with what the mayor said. This is not.
a confrontation between Maurice Ferre and Miller Dawkins. It is an issue
on the Commission where Maurice Ferre feels one way, Commissioner Miller
Dawkins feels another way. The two of us are going to the community
taking our views in the democratic way in an effort to get individuals
to vote the way we want them to vote. I take issue again with Rick
Zaldivar. I am slowly reaching the stage where I don't even want to
talk to him.
Mr. Carollo: Why don't you guys pronounce his name Alonso. In fact,
that is his real name. It is a lot easier to pronounce.
N
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DEC 91982
0
Mr. Dawkins: Q.K., how do you pronounce it?
Mr. Carollo: Alonso, Zaldivar is his mother's name.
Mr. Dawkins: Here he has a picture in the paper of Talmadge Fair and Les
Brown, which has nothing at all to do with the issue creating this racial
hatred or whatever. Then you go in the fourth page you have Miller Dawkins
and Garth Reeves. Miller Dawkins, an elected official, Garth Reeves, a
newspaper editor. Now if that is not slanted news, I don't know what
it is. If you are going to put a Black elected official, you put a White
elected official, Maurice Ferre and Miller Dawkins. You do not attempt to
whip up hatred in the Black community by putting the editor of the Black
paper against Miller Dawkins, the elected official. Now that is out of
the way. Mr. Gary, on the radio I heard an ad on WEDR where you, the
Manager, was interviewed and encouraged by Les Brown, and you said that
jobs ... he asked you, "When would jobs become available?" You said, "Jobs
will be available in January. Something would happen in January. Something
would happen in February. Jobs would be available in March." Explain that
to me, please.
Mr. Gary: My response was that, first of all, the response that I gave
Mr. Brown was a factual response in terms of the question that he asked.
My specific response to the question was when would jobs be available.
I told him that if it passed on December 14th, it would probably....
Mr. Dawkins: Wait a minute. If what passed?
Mr. Gary: If the lc sales tax passed on December 14th, it would take a
month or a month and a half for us to develop an R.F.P. for us to get...
the selection process would take another month. We would begin to employ
people in March.
Mr. Dawkins: Mr. Gary, isn't it my impression that if the lc sales tax
passes, you must collect this tax for one year?
Mr. Gary: Nv, sir. The law says that we can begin expending the funds
immediately in January.
Mr. Dawkins: With a $3 million shortfall that you already have?
Mr. Gary: Let me explain to you. Unlike what would have happened in
Dade County where the money would have been given up front, the money
for our project will be given as we spend it. So it will be incumbent
upon the City to avance money and be reimbursed by the State as we
expend the funds.
Mr. Dawkins: Is it not a fact that the State of Florida is saying now
that expected and projected sales tax revenue is down?
Mr. Gary: That is correct.
Mr. Dawkins: So there is quite a possibility that if ... and I am just
saying there is a possibility... that if the City of Miami were to spend
money it was expected and projected to collect, it might not show up.
Am I right?
Mr. Gary: That is correct. But let me just clarify the point. We have
been in contact with the State. The State has said to us that we are
experiencing a deficit. This was a shortfall. This was around the first
of November. They have further told us during the latter part of November
that the last quarter contribution sales tax has risen farther than they
expected the drop to be and therefore, they are anticipating that they
may reach their anticipated projections by the end of the fiscal year.
So, it could be good, or it could be less than good.
Mr. Carollo: O.K., I yield to Commissioner Carollo. He says he has something
burning that he would like to get off his chest.
••
O•
1
DEC 91982
U�
Mr. Carollo: Miller, Mayor Ferre, I am glad that you are finally seeing
the light on Mr. Ricardo Alonso. Miller, not long ago, you brought out
the fact of how the Antonio Maceo Brigade was trying to cause friction
when the Black community —in fact, if I recall correctly you went as far
as to require from our Police Chief to provide information to yourself and
the other Members of this Commission on the Antonio Maceo Brigade. I think
you are aware now that the Antonio Maceo Brigade is a communist organization
that is financed by communist Cuba. In fact, it should not surprise any of
you that Mr. Alonso would write purposely articles such as those and others
to try to divide the different communities in Miami to cause friction between
our different groups. Mr. Alonso, is a founding member of the communist
organization, the Antonio Maceo Brigade. Mr. Alonso, spent a month and a
half in communist Cuba on a trip that was completely paid by the communist
government of Cuba where he was indoctrinated by the communist experts in
espionage and other areas that Mr. Castro has in Cuba. In fact, he attended
a private meeting with Fidel Castro for four and a half hours. I am sure
that his editors are going to keep defending him like they have. In fact,
one of the recent statements that they made was that he was a prime example
of an all American patriot. Well, I am sure that if Benedict Arnold were
alive today, he would be working for the Miami Herald and be assigned to
cover City Hall.
Mr. Dawkins: Mr. Gary, what was the ordinance passed on November 2nd dealing
with procurement?
Mr. Gary: Oh, you are talking of the 25%?
Mr. Dawkins: It was 10% at that time.
Mr. Gary: 10%.
Mr. Dawkins: What did it say?
Mr. Gary: It provided a set aside in the City of Miami's procurement
policy that would allow Blacks to participate with a minimum of 10% and
Latins with;a. minimum participation of 10%.
Mr. Dawkins: That ordinance had nothing at all to do with the one cent
sales tax. Did it not?
Mr. Gary: No, it did not have anything to do with the one cent sales tax.
Mr. Dawkins: So, if the one cent sales tax passes or fails on December 14th
we already have an ordinance in place that will do the things that people
out there in the community are saying. Right or wrong?
:1r. Gary: That is correct.
Mr. Dawkins: So for people to attempt to make false promises is bad and
misleading to the public. I think this should be pointed out. The second
thing I would like to say it along those jobs this is the eighth wonder of
the world, the Superdome. I just want to give you this information so
those individuals who want jobs.krhen they constructed the Superdome at
the peak of construction there were 400 jobs, which averaged out to 200
jobs. The two biggest contractors on the Superdome were the electrical
and the mechanical. At peak employment, they had 30 jobs, which averaged
out to 20 jobs to an entire construction period. The number of full time
employees employed by the Superdome, the eighth wonder of the world, is 233.,
All of the procurement and vending is handled by one firm because nobody
ik will come in and one guy sell peanuts and one sell pop corn. This is what
.Toe Robbie was telling us when we wanted to get him to share the vending
and he would not share it. So these are some of the things that I would
' like to point out to these individuals that are running around here trying
to tie the one cent sales tax with the jobs when it is really not that.
Mayor Ferre: Any other questions from the Members of the Commission before
? we get into the Manager's statement and then to the public portion of this
and then we will recognize all the people that are here to speak on this
issue. Any other questions or statements? Miller, I don't want to get
;o
LIftj
sl DEC 91982
Mayor Ferre: into a debate format with you, but I do want to say this to you.
First of all, let me publicly and specifically state that the procurement
ordinance, the minority procurement program of the City of Miami has no
direct bearing to the vote on December 14th. It will exist with or without
what happens on December 14th. Let me further say that this is a matter
which has a long legal and legislative history. Unlike what the Miami
Herald story said this ;Horning, this Commission and I in particular since
I have been around here longer than most of you, have a very clear history
of my sponsoring legislative action on Affirmative Action in the City and
subsequent to that the procurement ordinance. This is not the first time
we have done this. We did it last year. It was a more timid approach.
We went to a 10% approach. I am going to explain that later on as to why
we did 10%;why we didn't do 20% or 25%. Because it has to do with the
procurement ordinance with the City of Miami. That has to be very carefully
explained. It is coincidental in my opinion, happily coincidental, that
this comes up at this time. But it would have come up any way and it is
something whose time had arrived. As Dirkson said, in the well of the
Senate, when that great Republican Everett Dirkson got up...and Joe I hope
you don't mind my ticking your window a little bit talking about great
Republicans, but when that great Republican Everett Dirkson got up in
the floor of the Senate to the civil rights bill, which was sponsored by
Lyndon Johnson and was really created by Martin Luther King, and he said,
"This is an idea whose time has arrived."
Mr. Carollo: You want to make sure you are covering both ends in case
he wins again, huh?
Mayor Ferre: The thing I want to tell you, Miller, and then I will go
on with the Manager, is true, there is no relationship between this;
however, should the election on December 14th be in favor of, and should
we proceed, Mr. Manager, with the construction of these facilities, then
obviously the implementation of this ordinance will have much more vigor
than if it does not pass because if it does not pass what we are talking
about are the on -going businesses of the City of Miami which would be
greatly enhanced. The specific figure that both Touch Ross and the Finch
heery repo; say is that with $120 million expended over the next
three years 3'n this construction, the multiplier of that is $180 million.
With regard to the jobs we can get to that later on even though that is
not necessarily...and I really would ask that we get away from the
December 14th issue, which is really not related to this. Just speak
to the merrits of the ordinance away from the stadiums. Do you think
that we could do that now that we got all this off our chests?
Mr. Dawkins: No, I need to have one more guy up here before us. That is
Ricky Thomas.
Mayor Ferre: Ricky Thomas, I don't know where he is.
Mr, Dawkins: No problem.
Nayor Ferre: Let's get on. Look, if we all agree that we are not going
to talk about December 14th and get on to the issue of this ordinance
beyond the needs of the stadiums and all that. Mr. Manager, the Chair
recognizes you for your statement.
'
Mr. Gary: I would like to clarify one point. Commissioner Dawkins, you
are right. We had our set aside ordinance for 10% back in November 2, 1981.
It is an ordinance that we have been utilizing to effectuate the participatign
of Blacks and Latins in our procurement process as demonstrated by the .
actions of the City Commission took today to give one for the computers
r
which is a Black firm to give the medical radiology to a Latin firm;
another Latin firm got four or five contracts that were given to minorities,
which has not been the practice in the past. You have set the philosophy
and the tone; and we have implemented it.
However, this ordinance goes a little further in that it puts even
more teeth into that 10% ordinance because it addresses the need for not
Iry
only the firms being Black but also the jobs within those firms being
Black. It will effectuate even the minority portion into our R.F.P.
process.
90 DEC
919@2
1
Mr. Gary (CON'T): In addition to that we also have the procurement ordinance
which was passed by the voters, which also includes the minority participation
piece. So, that ordinance, plus a 10% in this, gives us adequate teeth to
insure that minorities participate equitably in our economic benefits of
the City of Miami.
The ordinance you have before you has been worked on by the Law
Department, myself, and with the assistance of our former City Attorney,
Mr. Knox. We have come up with an ordinance that has cleaned up the first
ordinance to first demonstrate the need and the whereas sections for this
particular ordinance. It also addresses the issue of identifying minorities
to insure that we are talking about Blacks and Latins. It also provides for
the profits that may accrue to be utilized for those things that have been
hindrances or road blocks to minorities in participating in economic
mainstreams such as the bonding program, which is usually an obstacle
when we talk about bonding.
I would like to specifically go through the ordinance and highlight
those specific changes so that it would not be any misunderstandings as
what those changes are. On page one, the whereas clauses, as I mentioned
before, have been extended to include the justification for creating
a minority contract procurement program. Page two, subsection 3-b has
been deleted, which states that a minority contract is defined as a corporation
which has as one of its principals a natural person who is Black or
Hispanic. Subsection 6 has been modified and extended to include the
provisions of various minority programs after the payment of certain
City requirements. That includes the funding for the bonding and also
an apprentice training program. The reason we have used an apprentice
training program as opposed to a flat training program is because a training
program usually do not lead to permanent card carrying, transferrable
jobs, talking about the construction industry. We have a successful
program in the City of Miami in Building and Vehicle Maintenance. People
get carperter,electricians, and painters apprentinceship cards which is
a pass book to the job market. Or at least it does not become a hindrance
on entering the job market.
A new section 3 has been inserted providing for the participation of
all interested parties entering the bidding process. We have added this
to inform t'he public that we are precluding anyone from bidding, so we
run into the same problem that Dade County has run into with the
Earlington Heights Station. On page 5 a new subsection 5-f has been
added requiring the legal entity to have a Black or Latin as a principal
or partner. Page 5, the original section 3 has been renumbered to section 4.
So those are the changes that we have made. I would urge and encourage
and recommend that the City Commission adopt the minority procurement
ordinance which will be in effect as the Commission so noted regardless
of whether the one cent sales tax passes or not.
Mr. Dawkins: Mr. Manager.
-
Mr. Gary: Yes, sir.
_
Mr. Dawkins: I concur with what you said. The only problem I have with
this is that this is the fourth edition or the fifth edition. When Mr.
Knox sat down with everybody and worked out the first edition, it was
very strong. Each edition has become weaker and weaker and weaker. May
I take your attention to page 2, where in the fourth edition, three
IRV
whereases from the bottom:
"Whereas, proper remedies are available to eradicate the
`'
residual effects of unlawful prior discrimination..."
the fourth edition said:
"Whereas, proper remedies must be available to eradicate..."
a
Mayor Ferre: Wait a minute. That's not what I have before me.
Mr. Dawkins: That's what I am saying. That is what I am reading.
That is what it was in the fourth edition. It does not say that here.
It has been weakened in my opinion. This is just my opinion. The
last whereas from the bottom, it says:
"....this ordinance will prevent:..."
Where it said that, the fourth edition said:
"....will not allow...."
.91
Sl DEC 919m
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sl
Mr. Dawkins (CON'T): Maybe it is just grammar, but I am just showing you...
Mayor Ferre: I think those are questions that have to be asked of the City
Attorney and Mr. Knox, who is here in the audience.
Mr. Dawkins: No, I am not going to, Mr. Mayor. I am not going to argue.
We have enough trouble. I am just pointing out things that I have observed.
I am not arguing this with anybody. I am pointing out my observations. I
am not going to discuss it, O.K.?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Dawkins: On section 1, page 3, in the fourth edition you said, "a
minority -procurement program is hereby established for the purpose of
awarding to...." and now you say in this edition, "setting aside....".
I have others, but I am just going to read the last kicker here that I
do not understand. And after all of this you come back on the last page,
section 2, and you tell me in all of these other pages that 25% will be
set aside for Latins and 25% shall be set aside for Blacks minimum. I
had another one here but I don't see it. I'll come to that later. But
section 2 says... not... and this is where everybody out here can go home
that came here to protest it... section 2 says, "Notwithstanding the
provisions of section 1, no person who submits a qualified bid or
proposal shall be excluded from consideration based solely on race or
national origin." So to me this says that regardless of I have said up
front here, if you are a qualified bidder and you bid... this is just my
opinion... that your bid is acceptable and the low bid will get it.
Mr. Gary: If I may.
Mayor Ferre: No, no. Hold on, you were O.K. until that last sentence.
Now let me make sure that we understand each other because this is the
crux of the whole matter. We are right now at the juncture of the most
important part of what we are talking about. Let's make very clear that
we understand each other on this. The Supreme Court of the United States
in the case of Fullilove vs. Koutznick very emphatically
and clearly and specifically said that Mr. Koutznick, the Secretary of
Commerce of the United States of America that the Department of Commerce
could set aside specific contracts to overcome the traditional patterns
of discrimination in these United States. That is the law of this land
right now.
In 1980 the City of Miami took a first bold position and it said,
"from now on procurement will be done as follows". And it got the set
aside going. Once we did that we then moved to the third phase. Let
the record be very clear because the other day at the Miami Herald editorial
board they could not understand because I said, "the problem with you is
that you sit in these dark rooms without any windows or light coming in,
you don't read your own newspaper, and you don't know what the City of
Miami has done in the past. Now all of a sudden you start inventing all
these things that we are doing this for political reasons. In November
of 1981 the election was over. As far as I am concerned, there was no
politics involved. We took a bold stand. That is what this is base' jks.
I has nothing to do with the coliseum and the stadium."
Now, why didn't we go to 25% or 50% then? For a very simple reason.
That the procurement ordinance of the City of Miami did not allow it within
the laws of the City, not the laws of the land, not the laws of the United
States of America, the laws of the City of Miami and our own Charter. So
we had to very carefully... and George Knox, who was then City Attorney,
and subsequently Garcia -Pedrosa, who is now City Attorney, and the City
Manager and this Commission step by step very, very deliberately changed
the Charter and the people of Miami accepted it. The Miami Herald editorial
board said, "you kept it a secret." All I can say to the Miami Herald
editorial board is "hogwash." If you thought it was a secret and you
don't know how to read and you didn't listen to what George Knox told you.
He said, "George Knox never told us." "Hogwash," I know George Knox said
it. And the fact is that it was clear as day that one of the things that
we were correcting when we corrected the Charter on procurement, was the
ability for us to make decisions on procurement on a basis other than
just the low bid. I might say to you so that you understand very clearly
92 DEC 91982
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Mayor Ferre (CONNT): what we are saying here. We are going to follow the
law. We are going to follow the constitution of the United States as defined
by the Supreme Court of this country. We are going to do exactly what we
think is the right thing to do. If you don't like it, I'll see you in court.
Now, I have your letter and that is terrific. You know where this letter —
is going? It is going in my circular file.
Mr. Gary: I would like to respond to Commissioner Dawkins. What we attempted
to do from first reading or the first presentation of this was to review it
thoroughly to protect us against legal challenges, or not to make the same
mistake that Dade County made. That is why we included all the whereases to
demonstrate our cases. That is why we included that section in there that...
section 2, "notwithstanding the provisions of section 1, no person who
submits a qualified bid or proposal shall be excluded from consideration
based solely on race or national origin." That is placed specifically in
there to protect our interests in terms of providing for the set aside.
So I think it strengthens, Commissioner Dawkins, as opposed to weakens,
and it is tougher to withstand the challenge.
Mr. Carollo: I want to make sure that Mr. Fanatto here gets five minutes.
Mr. Erny Fanatto: You said that we were taking too long. How long have
you folks taken now?
Mayor Ferre: Well, we got elected. You run next time and get elected and then
I got news for you.
Mr. Fanatto: I don't know what kind of work it is, but it is work.
Mr. Carollo: I didn't say that. He did.
Mayor Ferre: All right, what is next now? Are you ready to hear from the =
public?
Mr. Gary: Yes, sir.
Mayor Ferre: All right, Mr. Fanatto, how many people want to speak here
today?
AT THIS POINT MAYOR FERRE TOOK A COUNT -OF hANDS.
Mayor Ferre: Erny, you should have been here when we made a presentation
to the Italian -American committee headed by Judge Gale.
Mr. Fanatto: Well, but you have never appointed anybody yet. So what good
is it?
Mayor Ferre: Let's go.
Mr. Fanatto: Erny Fanatto is my name and I am president of the Taxpayers
League of Miami and Dade County. I am going to take one minute on the penny
sales tax because you folks fed the press. Let's talk about this penny sales
tax. Even if it passes, do you have a contract with Robbie for a football
team? You do not. Robbie said he is not going to play there.
Mr. Plummer: Thank God.
Mr. Fanatto: Let's talk about the baseball contract. Barry Kuhn, Commission
of Education, said nobody is going to get....
v:
Mr. Plummer: Woa, woa, woa....
Mr. Fanatto: No, wait a minute. You spoke and you fed the public garbage.
Mr. Plummer: But Erny! Barry Kuhn is not the Minister of Education.
Mr. Fanatto: I mean Commissioner of Baseball.
Mr. Plummer: By God, now you are right.
93
sl DEC 91982 L .
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Mr. Fanatto: What did he say? Nobody will get a franchise until they build
the baseball stadium. Orlando said they were going to get the baseball
stadium. Tampa said they were going to get it. You folks are going to
build it. What are you doing? You are building a football stadium on
speculation. You are going to build a baseball stadium on speculation.
Would you invest that money if it were yours? Not a one of you would.
But let me tell you what it is. It is the biggest rip off and the worst
business we ever had in the City of Miami.
Mr. Carollo: Erny, it is not you, it is they, not you but they, they.
Mr. Fanatto: Never mind who. I am talking about the people who voted. It
is a fraud and deceit to the taxpayers. Now I am going to talk about the
contracts for minorities. This is a direct violation of the democratic
right of the taxpayers in this county. You can't, and Mayor Ferre, you
said that the Federal law, the Federal Government specifically said minorities
have to have a break. Who is minorities? Is it just the Latins and the
Blacks? No, no, Latins, Blacks, Jewish, Italian -Americans, but you
specifially bring out two. That is discriminatory and a violation because
you stop there and the other minorities get nothing. You did not make any
provisions for the other minorities. Let me tell you something. That is
bad. You know what you are doing? You are creating the friction in this
County. Do you know what the people are saying? "They took care of these
two and the hell with the rest of the public." Let me tell you what I
recommended to the Commission. I recommended that they vote this down,
I mean that the general public vote this down for the simple reason I
recommend a plan that is not going to cost the taxpayers anything. I
want to tell you what it is. The amount of money that the sales tax will
generate included interests and so forth will be anywhere from 160 to 180,
as the Mayor says, but I am saying 160 conservatively. $70 million to
build a stadium, open air stadium. $60 million will be a refund to the
taxpayers of this County in the form of a rebate. Because we have mass
unemployment, people live on fixed incomes today are up against it; so
they are going to get a $60 million rebate. $15 million to education.
$15 for downtpwrl to build a garage.
Mayor Ferre, let me talk about your friends, who give you such a big
contribution who is running a hotel downtown. Here is what he is charging.
$3.50 to park for a half hour; $7 to $8 to park over two hours. Now we
are talking about spending a lot of money; millions and millions of dollars
for advertising, which is all right. But what is the use...now don't cut
me off and get excited, Mayor. You are talking about spending millions of
dollars. You are allowing the people in your hotel to gouge the tourists
in that hotel and you are not doing one thing about it. Now what is the
use of spending all these millions if when the tourists get here we rob
them and they are not coming back? I just want to conclude that you have
no franchise. Just a minute, Mayor, if you don't mind. You have no
franchise as a football team. You have none as a baseball team. It is
pure speculation. Again I am going to conclude and say if the press comes
up goes for this, and even if the Chamber of Commerce who are supposed to
be businessmen, they would not invest $80 million of their money on pure
speculation. But you folks are doing it...that the ones who voted...and
let me tell you, you voted wrong and the public is not going to forget it.
Mayor Ferre: All right, now, ladies and gentlemen, because Erny Fanatto is
a very special member of this Commission. I allow him to go on talking about
issues that are totally unrelated to the ordinance before us. I will ask,
however, of the remaining seven speakers to speak to the ordinance that is
before us explicitely and specifically. If you do not, I will rule you out
of order. So please talk to the subject that we are voting on at this time.
RE
DEC 9 1982
1
0 0
Mr. Gordon Rogers: Mr. Mayor and Commissioners, my name is Gordon Rogers.
I am an attorney with the law firm of Muller, Mintz, Kornreich, Caldwell,
Casey, Crosland, and Bramnick. We have offices in 1 Biscayne Tower here
in Miami. The Mayor has already made reference to a letter that we gave
to the Commission today. I will try to be as brief as I can and still cover
the major points that we make in that letter. I am here today to speak
on bei,alf of Associated General Contractors of South Florida. I am here
to speak solely on your ordinance which would require that 50% of all
City construction contracts be set aside for Black and Hispanic construction
firms. Unfortunately we had some other members here today who have already
left, but I can assure you that A.G.C. and the other construction trade
associations that we represent are firmly opposed to this ordinance. This
ordinance violates the guarantee of equal protection of law and due process
of law set forth in the United States and Florida constitutions.
Gentlemen, we are not talking just goals here. We are talking set asides.
That means anybody who does not happen to be Black or Hispanic need not apply.
You are saying with the most recent amendment I would add that there may be
some problems with this ordinance because it seems to have been amended a
number of times. We now have a provision in here that says that no contractor
can be precluded from bidding.
Gentlemen, whatever you put in your bid specifications can keep anyone
from becoming a qualified bidder. The Metro Dade County case that is
currently going on had bid specifications that said only Black contractors
need apply. That was in the bid specifications. It was not in an ordinance.
Now we are all aware of why this ordinance is here at this particular time.
I am certain the Commission is also aware of Metro Dade County law suit that
A.G.C. has filed. U.S. District Court Judge James Kehoe has already restrained
enforcement of a very similar ordinance passed by Metropolitan Dade County.
Judge Kehoe will render a decision on the full merits. of this case within
the week. Now, at that time you will have concrete guidance on whether you
can do what you think you can do here or not. We would tell you now that
what you are trying to do is unlawful. The idea is a good idea. But for
some reason you seem to have chosen to just ignore the pendency of this
—
Dade County case. Now, I hate to say it but it seems like it is irresponsible
and it is something that A.G.C. resents and we feel that the minority
community should resent. You are making promises you cannot keep. We
do not opposed affirmative action at A.G.C. We have been the forerunners
of affirmative action. We detailed that for you in our letter, but this is
a pretext. You cannot go forward with these promises. The courts will stop
you.
In summary, gentlemen, what we ask you to do is be honest with the voters.
The Fullerlove decision does not say that you can set aside contracts, all
your contracting for a particular minority group, or even for minorities at
all. It says you can set reasonable goals after you take the proper actions
to determine what remedial actions should be taken. There are a number of
good remedial actions which you could take and which you are starting to take.
The key here will be to help minority contractors become competitive, because
competitive bidding is the key to keeping your taxes low. You get the best
you can for the least you can.
There are no quick fixes here, gentlemen. You have a situation where
you need a long term solution. You have a long term solution available to
you through minority business enterprise goals, not set asides. You have
a long term solution available through venture capital programs, bonding
programs, technical support and training programs that A.G.C. has always
supported. As soon as the Commission wants to get out of this pretext
{
and go with the legitimate goal of furthering equal employement opportunity
in this Community, A.G.C. will stand firmly behind you and we will assist
you in any way we can. But this form of politically motivated discrimination
some people call it reverse discrimination, some people call it discrimination.
It does not matter. It is against the United States Constitution. It is
unlawful. You cannot do it.
w
Mayor Ferre: We will see you in court, Mr. Rogers. Who is the next speaker?
Mr. Rogers: I assume you will.
Mayor Ferre: I know we will.
95
sl DEC 91982
ssr
Mayor Ferre: Go ahead.
Mr. Tom Washington: My name is Tom Washington. My business address is
1342 N.W. 62 Street. I am also a resident of the City of Miami. I would
like to say briefly that this ordinance will be quite a plus to our
community. I, as a businessman, have only missed one riot. That was 1968.
I am not saying that on the part of intimidation of saying that you should
pass this. I am saying basically on the point that this is not the Roman
Empire. History has pointed out what happened to the Roman Empire. I think
the intent of the opposition of this particular ordinance is very selfish:
to keep business as usual. We have a high rate of unemployment in our
community. We have the least dollars coming in to our community. Before
we can obtain the kinds of funds that we need in order to meet bonding, in
order to buy the equipment that your consortiums help one another in your
organization. We need the dollars, Mr. Mayor. We need this to be passed.
We need our fair share of the tax dollars that are being spent here in
this City. In the past we have not received our fair share because of
the clauses. Oh, by the way, if, but, and and. This is very clearly
pointing out that all the clauses that the Black community will not have
to start at 150 yard dash with you at 100 yard and try and beat you at
100 yards. This is very clearly pointing out that this community is
growing up to the point of exercising the point that there is more of an
ethnic group in this community living in this community other than Whites
and Latins. Those who want to try to divide this community on a racial
line [are doing] something very detrimental to this community. In May
1980 Black folks went to the streets because lack of jobs, lsck of dollars,
and lack of opportunity. We had our City policemen out there on the front
line trying to curtail what was happening. You cannot continue to have
this as a fruitful city known internationally and across the country to
deprive the Black community of an opportunity. What Black folks are hearing
White folks say here today, "we do not want you to have an opportunity. We
have had all the pie. It is business as usual. We want to keep it that way."
We are going with the Commission and the Mayor and the law of the Supreme
Court. We definitely without a doubt, make no mistake about this, we want
our fair shafeo It is only human. Thank you, Mr. Mayor.
Mayor Ferre: All right.
Mr. Harry Toby: My name is Harry Toby. I am a general contractor with offices
in the City of Miami. I am a 57 year resident of the City of Miami, educated
through the whole school system in the City of Miami, a taxpayer of the City
of Miami since World War II. I have been here a long time. I resent the
theory that letters sent by my organization, A.G.C., to this Council or this
Commission are thrown in the waste paper basket because I thought they were
damn fine letters and very much to the point. I think they should be reviewed
and considered by the entire Commission. Apropos to this point I am also
unhappy to constantly be informed that it is unlawful prior discrimination
by the City of Miami against minority contractors, unwarranted discrimination
which has heretofor impaired a foreclosed access by minority contractors. I
don't know who did this, when it occured or how it occured. I don't think
that type of terminology ought to be in an ordinance. I don't think that
had occured deliberately or happened in the past. The speech that the Mayor
made should have one little addition to it that was not made. It makes a
difference. The Supreme Court ruling was clear as he presented. It was
based on the simple fact that after the result of a survey in which would
-'�
have reasonable implications as to the degree of the set aside. I understand
-
the reason for set asides. The National A.G.C. has supported it. Our local
Chapter has supported it. The set aside should be reasonable because I know
of no other way that minorities (I word it that way) not Black, not White,
�.
not green, not purple, but minorities to enter into the construction field
could enter unless they had some help and that set aside provides the help.
s;
But the amount of it should be reasonable. I submit to you that 50% is not
a reasonable figure. I will be glad to answer any questions.
Mr. Dawkins: Yes, I have a question, Mr. Mayor.
Mayor Ferre: Go ahead.
4I
DEC q +Apq
6
Mr. Dawkins: You are a contractor.
Mr. Toby: Yes, sir.
Mr. Dawkins: Name your work force for me.
Mr. Toby: Name my work force?
Mr. Dawkins: Yes, beginning with under you, dee, dee, dee.
Mr. Toby: Under me? Well, I have a president of my company. I have an
estimator. I have two bookkeepers.I have office girls.
Mr. Dawkins: And then when you get into the trades, how many trades do
you have?
Mr. Toby: Well, we operate with laborer who are basically Black people.
Mr. Dawkins: Laborers, O.K.
Mr. Toby: We have carpenters, who basically are White or Black or whatever
but primarily White.
Mr. Dawkins: O.K., what else do you have?
Mr. Toby: That is about all that we handle. When we do subcontracts basically
in our type of activity, which is commercial work, we subcontract about 70%
of our work to subcontractors, between 60% and 70%.
Mr. Dawkins: The president is what color?
Mr. Toby: The president of my company?
Mr. Dawkins: Yes.
Mr. Toby: A,'rDite man.
Mr. Dawkins: The vice-president, what color?
Mr. Toby: I am technically am the vice... I am the owner and the vice-
president.
Mr. Dawkins: You are the treasurer and all.
Mr. Toby: I own the company.
Mr. Dawkins: So you are White. The estimator is what color?
Mr. Toby: He is a White man.
Mr. Dawkins: All right, the bookkeeper is what color?
Mr. Toby: White, he is a Cuban man.
Mr. Dawkins: All right, your laborers who are the lowest paid people are
mostly Black.
Mr. Toby: Well, they earn pretty close to $9 an hour.
Mr. Dawkins: I listened to you.
Mr. Toby: They are not so lowly paid! They get close to $22,000 to $23,000
a year.
Mr. Dawkins: When you do not work them, what do they have?
Mr. Toby: No different than any other employee that I have. I try to
work them. I have them for years.
9'7
DEC 9 1982
L
Mr. Dawkins: No, no, no, what I am saying to you is....
Mr. Toby: I'm sorry.
Mr. Dawkins: When you do not work, as the owner of the organization then
you are able to dip in reserves and write it off as operational expense,
etc. and etc. because you own the company and this is the American way
of life, O.K.? Now, as a Black laborer who has nothing and he cannot get
in this top echelon, but that is irrelevant, and the carpenters are mostly
White. I have listened to you and the other gentleman. I have yet to see
where A.J.C.
Mr. Toby:, A.G.C., Associated General Contractors of America.
Mr. Dawkins: O.K., A.G.C., how many are Black in that?
Mr. Toby: We have none in our Chapter.
Mr. Dawkins: All right, so you have none. See, but yet and still....
Mr. Toby: We have no exclusions.
Mr. Dawkins: I beg your pardon?
Mr. Toby: We have no exclusions.
Mr. Dawkins: Why aren't we in there?
Mr. Toby: I don't know.
Mr. Dawkins: You don't let us in. You know why the hell we are not in there.
That is no problem.
Mr. Toby: If you have any applications I will be glad to sponsor them.
Mr. Dawkins: Art right, see, sponsoring them isn't worth a damn. Are you
going to sponsor them and help them get some jobs?
Mr. Toby: You don't know me well.
Mr. Dawkins: No, I don't.
Mr. Toby: Try it.
Mr. Dawkins: But if you are sponsoring him will you help him get some prime
contracts?
Mr. Toby: I don't know that I can help him get prime contracts....
Mr. Dawkins: Well, what good is sponsoring him then?
Mr. Toby: You asked me about membership in the A.G.C. I said I would sponsor
him.
Mr. Dawkins: O.K., A.G.C. has not, and I'm like you, I have been here since
1953. A.G.C. has never had an apprenticeship program to upgrade the same
Black, green, purple, or polka dotted people that you spoke of as minorities
to help them to move up so they can become competitive with A.G.C. But yet when this City Commission feels that these individuals have been wronged...
And I want you to understand I have no problem with you because I am a union
man. I have had a union book since 1944. I watch my union move minorities
from the bottom of the lowest paid man to the top job within there. So,
it can be done. In 1971 they had the Model Cities program, which you don't
know about. The same things that this Commission is trying to correct were
supposed to have been corrected. They provided money where there was to be
bonding. They provided money where a guy could learn to become an electrical
contractor, etc., etc. Nothing has happened. So somewhere along the lines
somebody has to bite the bullet.
98 DEC i9m
P
Mr. Toby: Do we have to be unreasonable to bite the bullet? Can't we do
things in a reasonable way?
Mr. Dawkins: If I have been starving to death and you give me a bone, it
is not worth a damn.
Mayor i'nrre: All right, thank you Mr. Toby. The next speaker.
Mr. Jim Widow: Mr. Mayor, I am Jim Widow. I am executive director of A.G.C.
I would take exception with Commissioner Dawkins' statement that we have not
helped. I would like to respectfully point out, sir, that A.G.C., along
with other people perhaps some in this room, in 1970 were instrumental in
creating -the volunteer home town plan, which was between the labor movement
in this town, the management movement in this town, and the coalition including
the Black minority. Secondly, A.G.C., sir, has taken steps and effort to
upgrade the workmanship in the work force of this County. I suggest that
before you make statements you should check it out to find out before you
say nobody has helped them. The carpenter's union in this town is now 30%
Black. Ask the business manager. Ask the laborer's union how many of his
are Black. Ask the electrician. He is here in the audience. Before you
make statements I suggest that you find out the truth of what you say, sir.
Mr. Dawkins: Can I cut you off for one minute?
Mr. Widow: Of course.
Mr. Dawkins: Now, A.G.C. did this.
Mr. Widow: And incidentally, we do have a Black member.
Mr. Dawkins: Beautiful! Thank you.
Mr. Widow: Thank you.
Mr. Dawkins:, I'm proud of you. What is the result of the efforts of A.G.C.
with the home rule as to involving us within A.G.C.
Mr. Widow: It is a voluntary organization, sir. All you need to is pick up
the phone or write a letter.
Mr. Dawkins: No, no, no, what I am asking you, sir, is with this home rule....
Mr. Widow: I don't understand what you mean by home rule, Commissioner.
Mr. Dawkins: You said that A.G.C. was with home what, now?
Mr. Widow: The home town plan, Commissioner. in 1970. And incidentally, I
go back to 1934 in Miami. I was born here.
Mr. Dawkins: The home town plan and A.G.G. worked collectively together. _
Mr. Widow: Ask Mr. Garth Reeves. He sat there as part of the coalition, sir.
Mr. Dawkins: All I am asking you is, what was the end result and the bottom
line of this and how many Black G.C.'s come out of it? Well, let me make
something clear. I'm not arguing you with your stand.
Mr. Widow: But you make statements that are inflamatory, sir, that are not -
correct.
Mr. Dawkins: They are not? Then show me where. Well, what have you done
to increase Black general contractors in your organization with this home
town plan?
Mr. Widow: We have opened the door, sir. I can take the horse to water.
I cannot make him drink. You understand that.
DEC i �nA�*
a
Mr. Dawkins: I have no problems with what you are saying.
Mr. Widow: Thank you.
Mr. Dawkins: For the simple reason, and I want all of you to understand,
that if you were not to fight for what you believe is right I would not
respect you.
Mr. Widow: Thank you.
Mr. Dawkins: But by the same token, I have to fight for what I think is
right.
Mr. Widow: I appreciate that.
Mr. Dawkins: So, if Miami is to prosper you are going to have to do like
Maurice Ferre says.
Mr. Widow: No, sir, I hope not.
Mr. Dawkins: We are going to... oh, yes! We are going to have to find the
means and the methods for us to work collectively together to erase this
problem. That is all I'm saying.
Mr. Widow: Fine. We will be happy to do that as we did in 1970. Thank you.
Mr. Dawkins: I hope we have better results when you have more Black G.C.'s
than we ended up with this time now.
Mayor Ferre: All right, next.
Mr. Ron Frazier: My name is Ron Frazier. I'm president of Miami Dade Chamber
of Commerce, 6255 N.W. 7th Avenue. I'm here to speak on behalf of Miami Dade
Chamber of Commerce in favor of this ordinance. I think first listening to
some of the cpmments that the contractors have made and that the legal person
it is very interesting to hear words like discrimination and reverse discrimination,
and help, and sponsor, and assist. For 200 years the law of the land was to
keep your foot on the Black man's neck. That was the law of the land. I
don't see anything about that. But I have not heard the word participate
from the other side. I think this is what we are about in terms of this
ordinance. We feel that this ordinance is good and appropriate and it
should be passed. I think that this ordinance will allow for the opportunities
and for the accessibility by Black businesses to finally share in the
economic benefits of the City of Miami through participation in projects
that are financed by the City of Miami. I think it will help to correct
past discrimination; level the Blacks by the various White contractors and
White businesses. We have to look at that from a factual standpoint. Up
until this point they have enjoyed a total monopoly on the majority of, if
not the total amount of projects that have been put out by the City in
the past and the present. I think it will finally begin to eliminate
specifically a lot of make shift minority corporations. I would like to
say this for everybody to understand. Everybody figures that Blacks got
all of the 10% set asides that the Feds put out and everybody else. They
neglect to look at those companies that had minority fronts and took the
lion's share of those contracts. This ordinance begins to weed out the
little people that make make shift corporations and try to come in through
the back door. So, I think this is good for that particular instance.
Finally, I think we will finally begin to address the development of
an economic base for the Black community and its various businesses. We
support this ordinance. We hope that you adopt it as of today so we can
get on with pursuing and we plan to pursue the 25% and much more than that.
We would like for everybody to understand that. We are not going away.
We plan to pursue and to monitor this particular project. Thank you.
Mayor Ferre: Yes, sir.
100 DEC 9 1982
0 •
Mr. Edward King, Jr.: Mr. Mayor, my name is Edward King, Jr. I am president
of the Allied Minority Contract Business Association here in the Miami area.
We have over 150 minority contractor members who are a part of our association.
We wanted to appear before the Commission today, myself as a representative
of those contractors, to encourage the Commission to adopt and to vote yes
for this ordinance. I don't think I need to get into a lot of historical
information which I'm sure you are already familiar with. It is a historical
fact that in this City and in Dade County minority contractors have been
discriminated against. I think that this Commission has taken a bold step
in trying to rectify some of the past discrimination that have happened
against minority contractors. Dade County, recently in the latter part
of the summer, adopted a set aside ordinance, which is being challenged
in court right now by the Associated General Contractors. I think that
this Commission ought to be aware. I was in contact with our national
office which we are affiliated with in Washington, D.C. I received a
report across my desk the other day. A.G.C. is challenging a set aside
ordinance that has been adopted in almost every state of the Union.
Mayor Ferre: You don't say!
Mr. King, Jr.: Yes, I do say. Ohio has been engaged in a law suit with
A.G.C. The State of California, also Boston, Massachussetts, and several
other states that have adopted a set aside ordinance are being challenged
by Associated General Contractors. I don't need to get into this thing
because the fight is not with A.G.C. What we have in front of us here is
an ordinance that will open the doors to minority contractors so that we
can be a part of this economic process that is going on here. We do
encourage this Commission to vote yes and adopt this ordinance. Thank
you.
Mayor Ferre: All right, sir. Any other speakers?
Mr. Jerry Overstreet: My name is Jerry Overstreet. I reside at 14224 S.W.
75 Terrace. I'm the executive vice-president of the South Florida Chapter
of the National Electrical Contractors Association. Well, that is a mouthfull,
isn't it? Gedt-lemen, I speak in opposition to the ordinance. I submit that
we have a constitutional question involved here. I am questioning too whether
or not this ordinance is in interest of all citizens of the City of Miami.
We have a lot of Federal laws, the E.O.C., minority M.B.E., Minority Business
Enterprises. We have the Miami plan.
Mr. Mayor, you mentioned earlier ... you said that 10% procurement did not
work. How can 50% work?
Mayor Ferre: No, no, I did not say that.
Mr. Overstreet: Has it arrived at 10%?
Mayor Ferre: We are working at it.
Mr. Overstreet: O.K., if it has not arrived at 10%, how are you going to
arrive at 50%?
Mayor Ferre: We are going to work at that too. Any other speakers? All right,
now from the Commission I would like to ask the City Attorney, Mr. City Attorney,
do you have a letter dated December 9th signed by two lawyers, David Cornrich
and Gordon Dean Rogers, who is here. They question the legality of what you
propose. They also assimilate the similarity between our case and the Metro-
politan Dade County case before Judge Kehoe. They also talk about potential
constitutional defects. Since you are the City Attorney, I think that is
something that affects you as the chief legal officer of this corporation,
if you would care to address the legal issue.
101
sl DEC 91982
r]
Mr. Garcia -Pedrosa: Mr. Mayor, Members of t
letter presented by counsel carefully. I ca
ordinance and particularly section 2 thereof
its face presents a different situation from
Mayor Ferre: How so?
hs Commission, I have read
n reiterate to you that our
on the last page, page 6,
that of Metropolitan Dade
the
on
County.
Mr. Garcia -Pedrosa: Specifically section 2 is the one that provides that
notwithstanding the provisions of section 1, no person who submits a
qualified bid or proposal shall be excluded from consideration based
solely on race or national origin. I must explain that there is a difference
between that and the County situation in which, as one speaker put it, no
others need apply. Anyone, under our ordinance, not only can apply, submit
a bid or proposal, but will be considered if he or she or it meets the
qualifications. What is being done in the ordinance in the overall coptics
- of the total dollar volume of the contracts is to utilize the constitutionally
approved standards that you refer to, Mr. Mayor, in the Fullilove vs. Koutznick
case decided by the Supreme Court of the United States in 1980. In order to
set aside, and those are the statutory words, by the way, of the Federal
Statute challenged unsuccessfully in that law suit; what we are doing is
we are implementing that approved procedure at the municipal level. In
that case the question arose as to the constitutionality of a set aside
in the Federal Statute which did what we are attempting to do here. As
we know, the Supreme Court of the United States rejected that challenge
and upheld the constitutionality of the statute. One other point that
has been brought out that I think the Commission might have an interest in
is this. The notion that by setting aside a portion of the contracts you
might inevitably be disappointins_; others who might have wished to get the
benefit of those contracts, were specifically addressed by the Supreme Court
in the Koutznick case. The court said as follows: "It is not a constitutional
defect in this program that it may disappoint the expectations of non -
minority firms. When effectuating a limited and properly tailored remedy
to cure the effects of prior discrimination, which the Commission intends
to do here, of course, such a sharing of the burden by innocent parties
is not impermissible.
0
0
Mr. Garcia -Pedrosa: (con't) And they go on to say:
"Moreover, although we may assume that the complaint of any discrimi-
natory conduct be it the A.D.C. or any other body, it was within con-
gressional power to act on the assumption that in the past, some
non -minority businesses may have reaped competitive benefit over the
years from the virtual exclusion of minority of minority firms from
these contracting opportunities."
So, I am satisfied, Mr. Mayor, that the ordinance in question complies with
constitutional statutes.
Mayor Ferre: Just for the record, I might say that our City -Attorney is a
graduate of an American law school, Harvard University and he has practiced
law for how many years?
Mr. Garcia -Pedrosa: Eleven.
Mayor Ferre: In the private law practice in one of the most prestigious law
firms in this community and he has joined this City this year, that he has
I think, a distinguished law department and that I, for one, am fully satis-
fied that he has carefully researched the law and that this proposed ordinance
on second reading, especially as amended and approved and corrected, meets
the legal requirements and I think we rest our situation on that.
Mr. Garcia -Pedrosa: Mr. Mayor, I would wish in the interest of justice to
recognize that my predecessor, George Knox, who served this Commission with
distinction for a number of years..
Mayor Ferre: I was going to call on him.
Mr. Garcia -Pedrosa: I do want to acknowledge publicly if I might, that he
contributed very generously of his time and his talents to this effort and I
would not want to take complete credit for something that he was very help-
ful in drafting.
Mayor Ferre: Mr. Knox, would you mind stepping forward briefly? I am not
going to go into a long ... Mr. Knox, you are a graduate of an American Law
School too, aren't you, sir?
Mr. George Knox: Yes, sir.
Mayor Ferre: And you have practiced law. You have been a professor of law, _
haven't you, sir?
Mr. Knox: That is correct, sir.
Mayor Ferre: And you now are in the private practice in a very prestigious
law firm too, aren't you? -
Mr. Knox: That is correct, sir.
Mayor Ferre: Now, you have gone over this document, and I assume that you
concur with the legal position, since you were one of the authors of it.
Mr. Knox: Yes, sir, I do concur in the legal position taken by the City
Attorney.
Mayor Ferre: And I assume that you feel confident that it can be defended.
Mr. Knox: Yes, sir. I feel eminently confident that the suit is not only
defensible, but that the ordinance will withstand constitutional and judicial
scrutiny.
Mayor Ferre: All right...
Mr. Harry Toby: Can I ask a non -argumentative question, Mr. Mayor?
Mayor Ferre: Yes, Harry. Go ahead.
Id
103 DEC 919�2
4
0
Mr. Toby: Do I understand that you made quite a number of changes here on this
ordinance, which we have not had the opportunity to investigate and digest, or
know anything about?
Mr. Gary: No, that is not correct.
Mr. Toby: Oh?
Mr. Gary: The changes you are talking about were the changes that were made
to the ordinance that was originally presented about a month and one-half ago.
The ordinance that we have discussed today was duly advertised and published
and is an official part of the records. It is the same one that we discussed
today.
Mr. Toby: It is the same one that the A.G.C. office has?
Mr. Gary: I don't have anything to do with A.G.C.
Mr. Toby: Jim Widall kept saying it was different, that is why I asked.
Mayor Ferre: Harry, you have got to be very clear with the law on this. Let
the record reflect that this ordinance that we are about to pass, if it passes,
is before us legally and that a copy of it is available to any member of the
public.
Mr. Toby: That is what I ... (INAUDIBLE)
Mayor Ferre: All right now, into the record I want to say the following thing.
The first thing that Mr. Rogers said, and I don't know whether Mr. Rogers is
still here or left - the first thing that Mr. Rogers said was that this has
been amended and amended. The legislative process of any legislative body,
including the City of Miami Commission permits and indeed encourages amend-
ments to laws to improve them. All of the amendments that have been made have
been carefully studied by lay people and especially by attorneys, so that it
will strengthen the law as we are about to adopt it so that we can defend it,
hopefully successfully in court when it becomes challanged. There is nothing
wrong, Mr. Rogers, with process of amending ordinances. Secondly, with regards
to whether or not it is lawful or unlawful, you sir, cannot determine that.
That is to be determined by a court when it gets challanged. With regards
to whether or not it is irresponsible, I would suggest to you that the opposite
has been irresponsible over the years and the proof of the pie is in the eating,
and the fact is, that there has been patent and obvious discrimination, which
I think is not the documentation. Lastly, the question of legitimate and re-
sentment and all of these other adjectives that go along with it, I think if
anybody has a legitimate resentment, it is the people who have not had the op-
portunity to openly participate in the process, and I think this is an attempt,
and at that, a feeble attempt to correct the process. Lastly, I want to say,
why have we not done this before. Let's document this carefully. We have not
had the legal wherewithal constitutionally to move because of the confusion
that came after the Bakke case. The Bakke case confusion was summarily
cleared up and clarified and the Fullilove case, according to our attorneys.
We are traveling along that same road, using that same vehicle. Furthermore,
the constitution of the City of Miami, which is our Charter, was also confused
in that issue. That has subsequently been amended. It was amended on November
2nd of this year. It has just been a month and a few days ago that we were
able to correct our own procedures and the people of Miami did that. We are
not authorized - we on this Commission are not authorized to correct our consti-
tution that is our Charter. Only the people can do that, and that has been
done. We are now ready, both at the U. S. level and the City level to move
forward and we expect to move forward vigorously and with a great sense of
history and conviction and I don't have anything further to say, but hopefully
to vote on it. Are we ready to vote? Is there a motion?
Mr. Dawkins: Yes, I move it.
Mayor Ferre: All right, Commissioner Dawkins moves.
Mr. Carollo; Second.
Mayor Ferre: Commissioner Carollo seconds. Further discussion? Read the
ordinance.
ld 104
DEC 9 190?
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA, BY ADDING A NEW SECTION 18-73 ENTITLED
"MINORITY PROCUREMENT PROGRAM", PROVIDING A 50% SET -
ASIDE FOR MINORITY CONTRACTORS OF THE TOTAL DOLLAR
VOLUME OF CONTRACTS FOR THE CONSTRUCTION AND OPERA-
TION OF CERTAIN FACILITIES FINANCED BY PUBLIC FUNDS;
DEFINING MINORITY PROCUREMENT COMPLIANCE BOARD; RE-
QUIRING CERTAIN CONTRACT PROVISIONS; REPEALING ALL
ORDINANCES IN CONFLICT; AND PROVIDING FOR SEVERA-
BILITY AND AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of November 10, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Carollo,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner 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. 9530.
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.
s ,
Mayor Ferre: i am very happy that this is a unanimous vote at the City
Commission level.
I.
38. DISCUSSION ITEM AND DEFERRAL OF CONSIDERATION OF TWISFER OF _
TAFT BROADCASTING STOCK TO T.C.I. SO THAT ALL PARTIES MAY BE
PRE SEA'T . I
Mayor Ferre: We are going to take this out of turn because of the fact that
your associate has to take a plane. Go ahead - quickly now, because we need
to get back on the schedule.
Mr. Carollo: Excuse me, do we have an answer for the questions that I brought
up earlier?
Mayor Ferre: Mr. Manager, we are now on Item Number 30, which is T.C.I. -
Taft.
Mr. Gary: Commissioner Carollo, I put it right in front of your desk. Let
me give you my copy.
Mr. Plummer: Excuse me. Mr. Gary, just so that there is no misleading,
this is the answer to my question. It does not address the questions asked
by Commissioner Carollo.
Mr. Gary: He is going to supplement this with the verbal comments or re-
sponses to those questions.
Mr. Martin Genauer: Mr. Mayor, members of the Commission, Martin Genauer,
200 S. E. lst Street, Miami, Florida. I am here representing Taft Broad-
casting Company on a matter that has been brought before the attention of
ld 105 DEC 91982
ill 0
this Commission before. As I previously explained, Taft Broadcasting Com-
pany is proposing to purchase Channel Six, a local commercial television
station. In order for it to be permitted to purchase Channel Six, it is
necessary that Taft Broadcasting Company dispose of its present interest in
the cable television system. Taft Broadcasting Company feels that it can
contribute more to the City of Miami, more to this community in its primary
role as an owner of Channel Six, rather than its present passive role in the
cable televison system and I believe I have answered a number of questions
on this matter before. If you have any further questions, I would be happy
to address them.
Mayor Ferre: All right, members of the City of Miami Commission.
Mr. Carollo: Yes, I certainly have some questions and before we get into
the area of the relationship that Knight-Ridder has with T.C.I., I would
like to have these questions answered. The first question that I have is,
number one, what is the equity that T.C.I. has at this point in time. In
other words, the essence of what I am trying to find out is, up to this
point in time, has T.C.I. lived up to its complete financial commitment
in the system, or has the other partner had to carry on their shoulders part
of your commitment?
Mr. Genauer: I am happy to answer the question and I guess I would like to
first point out that again, as I pointed out the last time I was here, these
questions, at least in my mind, don't ready relate to the matter that I am
here, and I am here on behalf of Taft Broadcasting Company, not T.C.I.
Mr. Carollo: It does to me and let me explain why, Counselor, because if fi-
nancially T.C.I. has not lived up to its commitment up to now, then I quest
-
tion Greatly their position in the future if they acquire this additional
stock. So, what I would like to find out is, have they kept their financial
commitment?
Mr. Genauer: The answer to your question is that so far, my understanding is,
that there has been 5.7 million dollars of internally generated cash which
has been spent on this system.
Mr. Carollo: lias that come evenly between T.C.I. and Americable?
' Mr. Genauer: No, it has not. T.C.I. has put up 3.7 million and Americable
has put 2 million.
Mr. Carollo: Okay, well the information that I have, Counselor, is that
T.C.I. is some $300,000 in arrears and I would like to have something in
writing to what you are telling me before I can make up my mind on which
way I am going to vote on this whole situation before us and I am not talk-
ing about the initial $2,000,000 that was put as a bond. I am talking
about whatever other expenses have been acquired by the partners, which I
think that figure that you gave, you include in that $2,000,000.
Mr. Genauer: It does, since the original $2,000,000 is part of the cash
requirement for building the system since it was required to be put up by
the terms of the ordinance, and money is money.
Mr. Carollo: Well, you still haven't answered my question. Now, I can
understand you don't have the answers, therefore you can't really answer my
question. The other question that I have, and I would imagine you don't
have the answer for it either, is where has this financing come from? Has
it come from the financial and lending institution of T.C.I. or Americable?
Mr. Genauer: The money that I am speaking of, the 5.7 million dollars has
not come from a lending institution. This is the cash contribution that
has been made by the different partners. Like I said, 3.7 of internally
generated, not outside financed cash has come from T.C.I.
Mr. Carollo: Yes, but what I am referring to specifically is, the complete
amount of monies up to now have been borrowed, or are in the process of
closing on. Where has it came from?
Mr. Genauer: The money that has been ... let me make sure that I understand.
Are you asking me about the 5.7 million?
ld 106 DEC 9 190
2
0 0
Mr. Carollo: Well, there is going to be millions of dollars that you all are
going to have to spend to build the system. Where is that money being borrowed
from?
Mr. Genauer: The construction financing, as I understand it, which is not the
money that has already been spent, but the money that will be spent on the
construction of the cable system in the future. That will come from borrow-
ing from a group of banks, which is being lead by the bank of Montreal.
Mr. Carollo: Okay, now who acquired that financing? Was it Americable or
T.C.I.?
Mr. Genauer: It is going to be a joint obligation of both of them. I believe
that Americable has had past dealings with the Bank of Montreal in the past,
and that they were probably the ones who made initial contact, although the
liability for the financing is going to be shared equally between the two.
Mr. Carollo: Well, I appreciate your efforts in trying to answer my questions,
Counselor, but it appears to me that even though you are trying your best, you
really don't have the answers before you and you are going to have to do some
research.
Mr. Genauer: I am not sure in what respect I am not answering your questions.
Mr. Carollo: Well, neither of my questions have been really been answered to
the point. The information that I have is that out of the cash outlay that
has been spent so far, not including the $2,000,000 initial outlay, you all
are $300,000 in arrears and that the banks that have arranged the financing
have been institutions that have given the financing because of their past
dealings with Americable and my biggest concern right now is the financial
position of T.C.I. I don't want to take a dinosaur and feed it more and then
watch it go extinct. What it shows me when I see a company like T.C.I. having
to go out and bring in partners like Knight-Ridder and others, is that their
financial situation is no where near as good as we were once told and in
fact, the information that my staff has been able to gather points out to the
fact that T.C.I. has been having financial problems in their obligations in
the system right here.
Mr. Genauer: T.C.I. is not in financial difficulty. It is an extremely strong
company financially. I would venture to say that it is far stronger than
Americable. It is far larger than Americable. It has much greater ability
to obtain financing commitments. It is borrowed from much bigger banks and
I don't think that there is any factual basis at all for thinking that T.C.I.
is being financially carried in this venture by Americable.
Mr. Carollo: Well, just because they are bigger doesn't mean that they are
in better financial shape. Sometimes when you ar bigger, you over extend
yourself so much that actually you might be in worse shape, just because of
that reason than a smaller company. Now, I see there -are some of your stock-
holders that are here. If any of them would like to make any statements,
especially some of the statements that were made to me when they came to my
office, the mikes are open, gentlemen. You have the opportunity to come up
and say your piece if you so would like at this point in time.
Mr. Genauer: Again, I would like to repeat that this is a matter which is
really involving Taft Broadcasting Company and I think that it would be a
mistake to prohibit, or cause it to be very difficult for Taft Broadcasting
Company to come into this community in the area in which I think Taft Broad-
casting Company can contribute the most to this community.
Mayor Ferre: Are there any other statements? Mr. Friedman?
Mr. Carollo: Counselor, I would like to say this for the record. How can
you intelligently tell me that this only a matter having to do with Taft
Broadcasting Company when in fact the identity that is going to end up with
all Taft Broadcasting stock is going to be T.C.I. In fact, it will be a mat-
ter of having to do with T.C.I.
Mr. Genauer: The reason is because at the present point in time Taft is taking.
a completely passive role in the cable television system. It is not in active
way affecting it. It is not lending its financial support to it and it is not
assisting cable television in any way and therefore it is not assisting the
107 DEC g i9Of%
$z
ld
0
City of Miami in any way. If it comes into the commercial broadcasting area,
it will own it completely and it will therefore contribute positively to the
City of Miami. It is now contributing absolutely nothing! T.C.I. is taking
the lead role and will continue to take the lead role.
Mr. Carollo: Counselor, let me say this. I don't think you believe that
answer yourself.
Mr. Genauer. Well, I do believe it.
Mayor Ferre: All right, Mr. Friedman...your name and address.
Mr. Julius Friedman: Julius Friedman. I am a lawyer; my address is 12490
N. E. 7th Avenue, North Miami, Florida - my business address. I have been
a resident of Dade County since 1919. What I am here for is one, to suggest
that cnnsideration of this petition be deferred, but on very basic grounds.
This ordinance is an agreement, a contract and should be governed by the
law of contracts. The ordinance provides for certain procedures to deter-
mine whether or not the parties, the licensees are in default, or fully com-
plying with the contract. These procedures have not been followed - and
permit me to read from the ordinance:
"Within thirty days after the Licensee's report becomes available
to the public, the City Manager shall review the Licensee's per-
formance to determine..."
and it goes on and on. In short, it is required under the ordinance that the
Licensee file reports and upon these reports, the City Manager then reports
to the legislative body, the Commission and there be public hearings to
determine the recommendation of the City Manager and as notice thereon, I
suggest that the Licensees are in default of their obligation under this
contract and that the City Manager first be required to compel the Licensees
to comply with the terms of the contract and make their report and then the
City Manager proceeds to report to this body to determine whether or not the
Licensee should continue to be the Licensee, or whether the license should be
revoked. That is a predicate to any further legislative action. Now, what
these people are doing here and I think that the Petitioner is not even a
party. He is jan improper party and that the Commission should not act upon
the petition of Taft. If there is going to be any changes, it has to be pre-
sented by the Licensee, and I might add this: The Licensees are engaged in
a joint venture. A joint venture under law is a partnership for limited
purposes. Now, what they are coming in and asking this body to do is to per-
mit a change of Licensee. That is precisely what has occured. By change of
stock ownership of one of the corporate partners, the partnership is dissolved
and upon dissolution of the partnership this body is compelled to deciae
whether or not the license should continue in one or the other, but in any
event, until such time as the City Manager has reported to this body and
whether or not any default exists on the part of the Licensee. we submit...
Mayor Ferre: Mr. Friedman, you have already said that five times.
Mr. Friedman: Well, I am going to say it one more time! This counsel...
Mayor Ferre: Okay, just say it one last time.
Mr. Friedman: Just a minute, don't cut me off. This governing body should
not and cannot lawfully consider any petition requiring legislative action.
Mayor Ferre: Okay, thank you sir. Now, Mr. City -Attorney, do you concur with
Mr. Friedman's position legally on this?
Mr. Garcia -Pedrosa: No, sir. The ordinance itself provides for the standards
that the Commission should take into account, if I might just read the sentence
from Page 12 of Ordinance Number 9332, subsection "E".
"For the purpose of determining whether it shall consent to such
a change of ownership or control, the City may inquire into the
qualifications of the prospective controlling or owning party into
all matters relevant to whether such party is likely to adhere to
the terms and conditions of this ordinance, and whether the pro-
posed change of control or ownership is in the public interest."
DEC 9 ti9a2
ld
Mayor Ferre: All right.
Mr. Friedman: May I respond?
Mayor Ferre: Very briefly, yes.
Mr. Friedman: Very briefly, what I am trying to bring to this body here is
that no decision or legislative action should be considered at this time
because there are defaults, or there may be defaults in the contract - that
if any legislative action is taken by this body and whatever act is taken
legislatively may waive the default existing under the contract, if any.
Now, I suggest that we follow the dictates of the ordinance and the contract
and that the City Manager first let the Licensees do that which they are
required to do under the ordinance - then the City Manager proceeds accord-
ing to law to report to this council and then the council can decide on
legislative action.
Mayor Ferre: Thank you, Mr. Friedman. The City -Attorney has told us that
he disagrees with you and that the Manager feels that from the Administration's
point of view he concurs, I don't think there is any further discussion on
that point.
Mr. Plummer: Sir, you said you are a lawyer.
Mr. Friedman: Yes, sir.
Mr. Plummer: May I ask for the record who you are representing?
Mr. Friedman: Well, at this particular time I am also speaking as an interested
citizen.
Mr. Plummer: But are you representing a client?
Mr. Friedman: I am engaged in litigation right now for Sable Cable because
of breach of contract and it is now pending in the circuit court.
Mr. Plummer: iliank you, sir. Just for the record, you are representing a
client.
Mr. Friedman: In a way, yes, but I am also insisting as a citizen of this
County, as representing other tax payers of the City of Miami that we fol-
low the dictates of this ordinance.
Mayor Ferre: All right, thank you, sir. Any other statements from members
of the public or anybody else who wishes to speak to this issue? If not,
further questions from the Commission?
Mr. Perez: Mr. Mayor, could I get a clarification from the City -Attorney
about the question that I made in the morning about the security bond of
$2,000,000?
Mayor Ferre: Mr. City -Attorney, are you ready to render an answer on that?
Mr. Garcia -Pedrosa: Yes, sir. In my opinion, Cormissioner Perez, the trans-
fer of stock ownership under the terms of the ordinance would not trigger a
loss of the $2,000,000 deposit and the reason for that is that only happens
in the words of the ordinance in the event the system is transferred. sold,
or assigned prior to five years and the word "system" is defined in the
ordinance as meaning the broad -band communications facility, rather than
any stock ownership interest in it.
Mayor Ferre: All right, further questions? What is the will of this
Commission?
Mr. Carollo: I have one additional question. Mr. Paul, are you repre-
senting anybody?
Mr. Paul No, I am not representing anybody...(INAUDIBLE, OFF MICROPHONE)
Mr. Carollo: Okay, thank you, sir. I appreciate it.
ld 109 DEC 91982
6 0
4�
Mayor Ferre: Any further...
Mr. Carollo: I am not done, Maurice.
Mavor Ferre: Go ahead.
Mr. Carollo: Counselor, for the record again, who are representing here
today?
Mr. Genauer: I am representing Taft Broadcasting Company. I have done work
for Miami Telecommunications Inc. as well, and I have done work for T.C.I.
as well. —
Mr. Carollo: Therefore, we actually only have a representative here for —_
Taft Broadcasting. We don't have a representative here for T.C.I., nor
Americable.
Mr. Genauer: You do not have a representative of Americable to the extent
that anybody is representing T.C.I., I guess I have offered information to
you that concerns. -
Mr. Carollo: But, you are not representing them officially here today.
Am I correct or not?
Mr. Genauer: I guess I am representing them here today as well.
Mr. Carollo: You also representing them here as well? Okay, well, you are
wearing two hats then.
Mr. Genauer: I feel I can answer questions that relate to T.C.I. Most of
the questions that you were asking me related to T.C.I. and not Taft...
Mr. Carollo: You feel you might be able to answer questions, but my direct
question was, who you are representing. So, after you changed your mind from
only representing Taft, you also represent T.C.I. now. Well, the questions
that were raised by Commissioner Plummer and also really were raised by my-
self. To the best of your information, is this two -page letter that you
sent to myself and the rest of this Commission, does this include all of
the involvement that Knight-Ridder has at this point in time with T.C.I.?
Mr. Genauer: Yes, it does, to the best of my knowledge.
Mr. Carollo: Mr. Mayor, there is no way that I am going to vote to have any
transfer of stocks right now to T.C.I. until I have the answers that I have
requested as to their financial and present situation right now and as to how
have they lived up to their financial obligations and their situation with
the lending institutions in this cable license that we have with the City.
Now, what I would like to do so that I don't have somebody from one partner
saying they did this, and the other partner can't answer, or they will come
back to you and say "No, they didn't do this", or what have you. I would
like to have representatives from both T.C.I., Americable and Taft Broad-
casting here to answer all the financial questions that I have brought out
and anything else they would like to volunteer.
Mayor Ferre: All right, does anybody have any objections to this request?
Do you want to formalize it in the form of a motion so that we can be legal
about it.
Mr. Carollo: All right, I will make a motion to that effect.
Mayor Ferre: All right, Mr. Manager, let's make sure - and Mr. City -Attorney,
because I don't want to get in a legal quagmire here. There is a motion
afoot and I recognize it at this point - that this item be continued for
the purposes of having before us the representatives of the three interested
parties, so that they can answer each of the questions that have been prof-
fered directly. Is there a second to that motion?
Mr. Plummer: Second the motion.
Mayor Ferre: Now, I assume that that is December 16th.
Mr. Carollo: Yes. That is the next meeting we have.
110
DEC 91982
i
i
Mayor Ferre: Further discussion on the motion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved its
adoption.
MOTION NO. 82-1138
A MOTION DEFERRING CONSIDERATION OF PROPOSED REQUEST FOR
TRANSFER OF STOCK FROM TAFT CABLEVISION ASSOCIATION TO
T.C.I. DEVELOPMENT CORPORATION TO THE DECEMBER 16TH CITY
COMMISSION MEETING; FURTHER INSTRUCTING THE CITY MANAGER
TO HAVE REPRESENTATIVES OF T.C.I., AMERICABLE AND TAFT
BROADCASTING PRESENT AT THE CITY COMMISSION MEETING IN
ORDER TO RESPOND TO QUESTIONS FROM THE CITY COMMISSION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Mayor Ferre: All right, we will see you on the 16th. Mr. Paul.
Mr. Carollo: Mr. Mayor, if I may - furthermore, I would like to have our
City -Attorney guide us to the best of his ability on any rights that the
City of Miami has anything pertaining to this transfer of stock.
Mayor Ferre: Rights and obligations.
Mr. Plummer: Also, Mr. City -Attorney, I would like a ruling from you what
happens if this Commission denies the transfer.
Mayor Ferre: Yes, that is what I said - rights and obligations.
C
39. PERSONAL APPEARANCE: DAN PAUL re REMOVAL Or TREES IN BAYFRONT 4
PARK IN PREPARATION OF THE GRAND PRIX AUTO RACE.
i'
Mr. Dan Paul: My name is Dan Paul, 19 Star Island, Miami Beach. Mr. Mayor,
I come here on an emergency matter for you today to bring to your attention
something that is happening in Bayfront Park and to ask you to bring a halt
to it. I sat yesterday through a trial in which the judge entered an injunct-
ion against the City of Miami from cutting down or removing any further trees
in Bayfront Park without tree permits and what I am urging you to do is to
_
pass a resolution or give an instruction today that no further permits should
be applied for and no further trees should be cut down or removed. If you
recall, when this matter originally came before, there was a race course
--
attached to the contract. That course has now been altered and the parts of
—_�
the race that were to be run on the City streets are nor primarily being run
in the park. These people came also at a public hearing before the Downtown
Action Committee of the Chamber of Commerce and extensive questions were asked
whether there would be damage done to the park, or trees removed, and they
V
represented that none would be done. Not any of that turned out to be true.
The City has already removed, and when I say removed, removed permanently.
There isn't any intention of putting them back in these locations at all.
There is an intention of making this a permanent race course and not only have
the trees been removed, some in Margaret Pace Park, but they have been cut
down, viable trees, as they are defined under the County ordinance, which
may have had some diseased wood, or may have had some ants in the trees, but
ill DEC
91982
ld
were still...that great tremendous Banyan tree that stood in the traffic
median as you drove down Biscayne Boulevard is now gone and cut down. Tomor-
row you are having a developers conference at Miami Marina and what do you want
those developers to see? Those big holes in the ground where the trees had been
removed, where the sea grapes that used to grow there along the roadway as you
drove in to Miami Marina? They are gone! Completely! And I sat yesterday and
listened to the City in sworn testimony testify how these trees were removed.
They took a backhoe and dug a trench around them and then took a crane and
yanked them out of the ground. There was no root pruning done on the trees to
prevent any shock to them. Some of them may die; some of them may live, de-
pending on the size of the root balls, but I can tell you, if any other pri-
vate citizen had come and asked to cut down trees in Bayfront Park and to
permanently turn this roadway into a race course, they wouldn't have stood a
chance and I think that the Parks Department and the Public Works Department
have not protected the park and the citizens. A lot of effort has gone in
developing a plan for Bayfront Park and to have this kind of desecration take
place without any kind of public input at all I think is outrageous. In
addition, there is a whole question... right in the one place of the raceway
where they want to use, all of a sudden a great section of tall, 30 foot or
more podacarpus have all of a sudden, died. Yesterday sworn testimony was
offered that somebody came and sprayed those trees. Nobody seems to know
who did it.
Mayor Ferre: All right, Mr. Kern.
Mr. Paul: I urge you strongly to adopt a resolution directing the City not
to seek any permit to remove any further trees or to cut down any further
trees and to forthwith replace the ones that have been removed.
Mayor Ferre: All right, Mr. Manager.
Mr. Gary: I'd like to respond to that.
Mayor Ferre: I am going to recognize you in a second. At best - at best,
we have not gone forth in this in the best public relations way possible, and
even though I know that the race is around the corner, the impression that I
think most people get by watching television or reading the newspapers and
this isn't just i he Miami Herald, is that we have gone about this with a real
meat ax approach and that we are doing in our own way what we don't permit
others to do. Now, I know that the trees - it is a question as to how badly
diseased or dead they were and that has to be clarified, but I don't think
that the public perception that I can see of how we went about this is the
best public relations tool that the City has used this year.
Mr. Gary: Well, I am going to clear up some of the facts so that Mr. Paul
can give the right public perception. Maybe we will zone Biscayne Boulevard
R-5A, but the route in the park has not changed. The route has changed,
which was approved by the City Commission. What we have done is cut off
the loop around the Southeast Building, but the park route has not changed
there.
Mayor Ferre: The park what?
Mr. Gary: The route in the park has not changed and those changes that were
made, you approved.
Mayor Ferre: In other words, how the cars drive around the park is the same
as it was before. Okay, I got you.
Mr. Gary: It is the same as before. Secondly, any damage or any modifications
to the park, in compliance with the route that this City Commission passes
has to be put back in place as it was at the expense of the promoters, which
means that the temporary road that goes through the park will be dug up,
resodded, the trees put back, once the race is over. Any liability...
Mayor Ferre: Okay. The same trees, you mean?
Mr. Gary: Same trees. Any liability that exists in the park or throughout
the City as a result of the race, the expense is to be born by the promoter.
Mayor Ferre: Part of the problem is, that if you take a big tree, and old
tree like that and you dig it out and you put a crane and you yank it out
112 DEC 91982
6 0
and then you put it over at Pace for a couple of months, you know, it may die.
Mr. Gary: Yes, but you know, the whole thing is everybody wants to go to
heavon, but nobody wants to die. You know, everybody thought it was a good
idea to have this race in the downtown community.
Mayor Ferre: But can't we have it without chopping down the trees?
Mr. Gary: We could not have had the route without cutting down the trees.
This route is a route that would allow the race to occur with a minimum
amount of destruction to the park.
Mayor Ferre: I don't want to get into an argument with you, because this
really isn't with you, except through you with your people. I do not remem-
ber one single occasion where either Dena Spillman or the Parks Department,
or any member....
Mr. Gary: You are correct.
Mayor Ferre:....from Mr. Kern on down and the Parks Department said "We want
the Commission and the public to realize that we will be moving three trees,
that they are fifty year old trees, now they are full of ants and diseased,
but this is what we are going to do". Not once was that public statement
made.
Mr. Gary: You are correct, and I apolgize for that. I think you are correct
on that issue.
Mr. Plummer: Well, look, the important thing as I see it is this - that after
_ the race is said and done, that what was there be restored to the way it was
prior to the race. Now, that is what is important. Now, let me tell you,
as far as I am concerned, if the City forces can't do it, and they are doing
it wrong, if what Danny says is true - jerking them out of the ground, they
are not going to live. Then I think it behooves the City to have professional
people come in and do what is necessary, because they do this all day. You
know, I have just looked at I will bet you four hundred sixty -foot trees to
be transplanted over onto the Metrorail. At least, okay? So, it can be
done and it is: just a matter that it is going an accomodation for three or
four or five days, whatever it is and they be put back with assurances they
will be put back.
Mayor Ferre: I will tell you, my position is in the middle of this and I
will tell you exactly how I feel. I will memorialize it and put it in a
motion. I move that the City Administration be instructed not to remove
one single tree more unless the City Manager himself, through the assurance
of a professional in the nursery or whatever it is - botanical business,
assures you that those trees will not be killed when they are moved. And
if you are sure and you have the assurance of professionals in this field
and that we are going to go about this in a proper way, then I have got no
objections of temporarily moving those trees. Unless we have absolute
assurance that we are not killing those trees by yanking them out with a
crane, then I don't think we should remove any more trees.
Mr. Gary: Mr. Mayor, I must say this in defense of staff. It is very
difficult for me to believe what Dan Paul says, because I have personally
experienced the professional removal of trees by our Parks Department and
we have removed very, very large trees and replanted them successfully and
right in front of my house is a good demonstration of three, four of those
trees that have been done successfully - huge trees. So, we will do that,
but I must defend my staff. They have been doing a good job and successfully
removing trees.
Mayor Ferre: Mr. Manager, I will tell you what. I will modify it out of
courtesy to the statement you just made. I will modify that if you are
satisfied and you get the assurance from Mr. Kern, I will accept that, but
I would recommend to you, with all due respects to you and to him that you
document it very carefully, so that if by any chance one of those trees dies,
it doesn't end up....
Mr. Gary: Yes, sir.
ld 113
DEC 91982
6 0
Mr. Plummer: How can it be replaced?
Mayor Ferre: What? How can you replace a fifty year old tree that is eight
feet across in diameter or something?
Mr. Carl Kern: Sir, we didn't move any.
Mayor Ferre: What?
Mr. Kern: We didn't move any quite like you described. He is getting a
little sensationalistic on his description. We looked - the large Banyan
tree is still there. If they drive down Biscayne Boulevard, you will see
the large Banyan tree. We moved the roadway to miss the large Banyan tree.
We cut down the dead Banyan tree that was growing in the shade of the large
Banyan tree. He has to point this out.
Mayor Ferre: Well, let's move. -
Mr. Carollo: Well, I will tell you, I thought I would never live to see the
day that Dan and Janet are part of the Right to Life movement. You are
against abortions too, right?
Mayor Ferre: Let's not get into that! All right Janet, very quickly.
Ms. Janet Cooper: I am appalled at the City that has a strong environmental
protection code, a heritage preservation code, tearing out even one tree or
one bush or anything for a two day automobile race in a public park!
Mayor Ferre: Well, don't be appalled.
Ms. Cooper: I am! I have heard Commissioner Plummer say that parks are
for people not for cars - not for parking cars, not for driving cars. I
don't care how careful you are in removing trees, how professionally it is
done, there is no guarantee that trees are going to live and even if they do
live, they will not be the same. There is damage that is done. This is just
totally absurd.- It should never have been done and there should be no further
removal of trees and if the race cannot be done in such a way that there is
no removal of trees, then maybe it needs to be done someplace else.
Mr. Paul: Mr. Mayor, there is a total variance that what has been testified
under oath in a court hearing yesterday. There is no intention of putting
these trees back in median. They testified yesterday they are preparing a
permanent race course; that they intend to do this race year after year.
Are you going to go every year and go and pull these great big trees up out
of the median, move them to some other place? One of them has been planted
at Margaret Pace Park. The great big, tall royal palm that was at the entrance
to the park to go Miamarina has been moved to another place in the park. There
is no intention to put these trees back and tear this roadway up again.
Mr. Kern: Mr. Mayor, we evaluated each tree that would be affected by these
modifications. All the good, healthy trees were moved. The dead and diseased
trees were to be cut down. That is the bottom line. The big palm tree he is
talking about is forty feet over into the park, replacing one that had died
years ago, replacing a gap in the royal palms along Biscayne Boulevard. The
coconut palm that he is talking was moved. It was root bound in the parking
_ lot. It is now growing freely in the park thirty feet away where it has
plenty of growth room. The smaller trees we just planted two years ago in
the traffic island in front of Miamarina. The same plaintiff tried to stop
that movement two years ago. Now she doesn't want us to move them for en-
vironmental reasons.
Mayor Ferre: All right.
Mr. Kern: You are right. We have had bad publicity about this.
Mr. Paul: They haven't answered the question - they had no intention of putting
them back.
Mayor Ferre: Are those trees going to be replaced after the race?
Mr. Gary: Yes, they will. They may not...after we get a specialist to
find out whether we put it back in that same...
114 DEC 91982
0 0
Mayor Ferre: Mr. Manager, to cut through this, I will repeat my motion and
see if the Vice -Mayor can get a second. I move that no more trees be removed
from the park unless you personally are satisfied through expert information
that you will obtain from either the City staff or people that are profes-
sionally competent to your satisfaction with the intent that all healthy
trees will be saved, number one, and number two, that they will be replaced
as soon as possible after the race.
Mr. Carollo: Second the motion.
Mr. Plummer: Any further discussion? Motion understood, call the roll.
The following motion was introduced by Mayor Ferre, who moved its
adoption.
MOTION NO. 82-1139
A MOTION INSTRUCTING THE CITY MANAGER NOT TO REMOVE ANY
FURTHER TREES FROM BAYFRONT PARK IN CONNECTION WITH THE
FORTHCOMING "GRAND PRIX RACE" UNLESS ADEQUATE ASSURANCES
ARE RECEIVED BY THE CITY MANAGER FROM THE PARKS DEPART-
MENT DIRECTOR THAT ANY TREES REMOVED WILL BE ABLE TO BE
SUCCESSFULLY TRANSPLANTED, AND THAT THEY SHALL BE REPLACED
AS SOON AS POSSIBLE AFTER THE RACE.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES:
ABSENT:
None
None
40. FIRST READING ORDINANCE: AMEND SECT. 36-11 OF CHAPTER 36 OF THE
CODE ENTITLED NOISE - "MVVNU FACTURE, SALE 6 DISCHARGE OF
FIREWORKS". f
t
i
Mayor Ferre: We are now on Item Number 15. Go ahead.
Ms. Vera Walker: Vera Walker, 11370 1C. E. 8th Avenue, Biscayne Park. I am
here to speak in opposition, strongly in opposition to this ordinance. First,
fireworks have a noble history.
Mayor Ferre: Noble what?
Mr. Plummer: Noble history.
Ms. Walker: Fireworks have a noble history. This ordinance seems to deni-
grate fireworks in a way. Today, every other major international city - many
other international cities are having fireworks festivals and international
competitions. For instance, Monte Carlo; Cannes; Milan; Valenzia, Spain...
Mayor Ferre: Ma'am, to try to save time...we may save you an awful lot of
talking.
Ms. Walker: I will only be four minutes - three minutes.
Mayor Ferre: You may not need to be even that. Mr. Manager, how strong do
you feel about this?
Mr. Gary: Very strongly, sir.
115
DEC 91982
Id
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Mayor Ferre: Well then, go ahead.
Ms. Walker: Okay, I want to go even further into the...
Mayor Ferre: Well, I think my point is this. You know, this is New Years,
right?
Mr. Plummer: No, this is all year long, the ordinance applies to.
Mayor Ferre: But, you know on the Fourth of July and on New Years, for ex-
ample, you know, people are going to have fireworks. The Orange Bowl Com-
mittee has a big parade and this Latin Orange Bowl Festival Committee has a
big New Years celebration.
Mr. Carollo: I think we should make an exception for New Years and the Fourth
of July.
Mr. Plummer: Okay, I was going to make an exception to this and modify it,
excluding New Years' Eve, the Fourth of July and the other portion and the
other portion I don't like is the 9:00 o'clock. I think that is unreasonable.
I think 11:00 o'clock is when the noise ordinance goes into effect, and
11:00 o'clock, any fireworks shows shall be concluded by 11:00. Then, the
Orange Bowl has their bit on national T.V.
Mr. Gary: I think you should make the exceptions for those dates that you
mentioned and that the time that you mentioned should be only for those dates.
Mayor Ferre: That is fine.
Mr. Plummer: No, no. absolutely not! What are you going to have? You are
going to have on New Years Eve at 10:00 o'clock?
Mr. Gary: Make the exceptions and the time that you want for that date.
Ms. Walker: But in Miami we are living in Cuban time now and all of the
partying goes very late.
Mr. Plummer: Oh Oh!
Mayor Ferre: Now look, Mr. Manager, I'm with you, I will go along with
that, but I think we have to except from that the Fourth of July and New
Years Day, okay?
Mr. Plummer: Yes, but it is 11:00 o'clock, Maurice.
Mayor Ferre: And as far...
Mr. Dawkins: Well, you said 11:00 o'clock, J. L.
Mayor Ferre: No, no, no. Fully exempt those two days.
Mr. Plummer: No, no, I am saying any time that there is a festival being
placed that is granted a permit, that they must be finished by 11:00 P.M.
Ms. Walker: There are also the things called silent fireworks. You may not
have heard those, because the Orange Bowl employs very noisy people, but...
Mayor Ferre: (LAUGHTER) I didn't say that!
Mr. Plummer: Mr. Golby, would you agree that you hire very noisey people?
You do agree? All right.
Ms. Walker: Our company has done silent fireworks so that they would not
even disturb the endangered manatee over CocoPlum, and so it is possible to
have silent fireworks at at late hour.
Mr. Carollo: Will 1:00 in the morning be sufficient for you?
Ms. Walker: What is that?
Mr. Carollo: 1:00 in the morning.
116
DEC 9 1982
It 0
Mayor Ferre: I think the point is simply this. The Fire Department feels
very strongly about this. The Manager is recommending it. My guess, I don't
know what is going to happen here, but I think we need to get on with the vote.
This is on first reading. T will recognize you for second reading and I would
think that the sense of this Cc.:mission is, as I sense it now is, that New
Years and the Fourth of July be exttmpt and that ... Plummer, do you want to
insist on 11:00 o'clock?
Mr. Plummer: Well, I will buy, let me tell you my compromise, okay? I
will buy Fourth of July, New Years Eve...
Mr. Dawkins: And Martin Luther King's birthday.
Mr. Plummer: And Martin Luther King's birthday and the Orange Bowl game on
New Year's day. Okay? Any others that wish to go beyond 9:00 o'clock will
have to be considered by this Commission on an individual basis. I will
buy that as a compromise.
Mayor Ferre: With that amendment, is their a motion on the ordinance?
Mr. Carollo: There is a motion.
Mr. Dawkins: Second.
Mayor Ferre: There is a motion by Plummer, seconded by who?
Mr. Dawkins: Either one of us is fine.
Mr. Garcia -Pedrosa: Mr. Mayor, point of clarification, please.
Mayor Ferre: On first reading, read the ordinance.
AT THIS POINT THE CITY ATTORNEY READS THE ORDINANCE INTO THE PUBLIC
RECORD BY TITLE ONLY.
Mayor Ferre: Ready to vote?
Mr. Plummer: As amended.
Mayor Ferre: As amended. All right, it has been moved and seconded....
Mr. Plummer: Wait a minute. Wait a minute.
A GENTLE*tEN STEPS UP TO THE MICROPHONE.
Mr. Dan MacNamara: Mr. Mayor, I am sorry but...
Mayor Ferre:....on first reading. Name and address - statement.
Mr. Dan MacNamara: Those of you who are familiar with my work know that the
hours I spent here today are very critical and I do this because of the im-
portance of this thing. I almost got up to speak a moment ago on the last
issue here and I am going to just go back to that for a moment if I may.
Have you ever heard of LeMans, Monza or Monte Carlo? Monte Carlo, yes.
That is where all of the gambling is done, but the other two? They are
known for car racing, international car racing, one of the most exciting
things you could possibly put before the public anywhere. A group of people
are bringing a car race at great risk to this community and it bothers me to
see people turn away from the potential attention that this community can get
from this event.
Mayor Ferre: Nobody is turning them away.
Mr. MacNamara: I know. I understand that, but there are people here that
would destroy that and...
Mayor Ferre: Yes, but so what!
117 DEC 9IF-
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Mr. MacNamara: Okay, my point is that this is a gala community. It is a
community known for tourism and fun and games and so forth. Now, about six
years ago, there was Fourth of July display, put on down at Bicentennial
Park and I saw the Fire Department bring that show to a halt because it had
not been set up right. The public was too close to the display and they...
please, Mr. Mayor, don't hurry me, I...
Mayor Ferre: You are going to lose a vote. You see what is going to happen
is, you are going to have only two or three people here!
Mr. MacNamara: I am asking you not to hobble this community with a thing
like that. Someone might come along, wanting to put on a display on another
day and you are putting laws into the books that hobble things and I am saying
it isn't necessary.
Mayor Ferre: Mr. MacNamara, Commissioner Plummer has amended the recommended
matter by doing three things. In the first place, he is recommending an
expansion of the hours, right? In the second place, he has exempted from
this the fourth of July and New Years Eve and the Orange Bowl game and
Martin Luther King's birthday, okay? Wait .a moment, let me just finish, please!
He has further said that he will allow further exemptions, provided they come
before the City of Miami Commission.
Mr. MacNamara: That takes all day!
Mayor Ferre: That may take all day, but...
Mr. Dawkins: You would have to start early.
Mr. Plummer:- All day and all night!
Mayor Ferre: tow, you know, are we ready to vote on this?
(INAUDIBLE BACKGROUND C01,DIENTS NOT PLACED INTO THE PUBLIC RFCOFD)
Mr. Plummer: can't hear you, Ma'am.
(INAUDIBLE C010iENTS)
Mr. Plummer: Who do you represent?
Mayor Ferre: A fireworks company. All right, is there further discussion?
(INAUDIBLE COMMENTS)
Mayor Ferre: No, sir! Mr. MacNamara, you do not have to come any more.
Mr. MacNamara: (OFF MICROPHONE - INAUDIBLE COMMENTS)
Mr. Plummer: No, no, no. I said the Orange Bowl game! You don't have to
come for a variance! No, no. New Years Eve is something separate. Your
Orange Bowl game is never on Nev Years Eve. It is on New Years day.
Mayor Ferre: You are exempting specifically....
Mr. Plummer: One is on the 31st.
Mayor Ferre:....New Years day, New Year Eve, Fourth of July, and Martin
Luther King's birthday.
Mr. Plummer: Well, I said in particular, Maurice, the Orange Bowl.
Mayor Ferre: Demetrio Perez also wants to exempt Jose Marti Day and Columbus
day. (LAUGHTER) Seriously now, getting back...we are only talking about
silent fireworks. Can we do that too, Mr. Manager?
Mr. Gary: Mr. Mayor, you know, obviously, they have a special interest, yes
•they do. Obviously, if you properly advertise in the newspapers that we were
going to be talking about this, you probably have half of the community down
here, because half of the community has been complaining to our office about
118 DEC 91982
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ld
these loud noises all time of night in this community without any control. I
am suggesting that you keep the ordinance as it is with those modifications.
Mr. Carollo: Excuse me, Mr. Manager, since you live real close, next to the
Orange Bowl, how loud have these been in the past?
Mr. Gary: I will tell you what. I got a couple of windows shattered because
of it.
Mr. Plummer: No, that was your friends throwing rocks.
Mayor Ferre: We are ready to vote now.
Mr. Carollo: He has got a conflict of interest!
Mayor Ferre: This is on first reading. The ordinance has been read. Further
discussion, as amended. Call the roll.
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 AUTHORI-
ZING EXCEPTIONS TO THE RESTRICTIONS BY THE CITY COMMISSION;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Plummer
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
*Savor '4aurice A. Ferre
NOES: None
ABSENT: None
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City
Commission and to the members of the public.
ON ROLL CALL:
Mayor Ferre: I vote "yes" This will come up on second reading. Mr. Manager,
let's make sure that Mr. MacNamara and this lady here that represents the
fireworks has an opportunity to read what we are recommending. I think the
problem is solved. Now, Mr. MacNamara, before you leave, let me say that I
think that the job that you and the Orange Bowl Committee do is a wonderful
thing for the public relations and publicity. It goes all over the world
about Miami and we are very much aware of that and we are very appreciative. _
We may have disagreements on other things, but we certainly agree on the fact
that Miami is well served by these events and that this is indeed a gala type
of a community and that we are all in favor of things and I don't know - you
know, there are people here like those who have spoken that represent, in my
opinion, a small minority, even though an outspoken and vociferous minority.
Well, I, along with you, agree that the vast majority of this community ap-
preciates and is thrilled by the gala events that has made Miami famous for
many, many years.
119 DEC 91982
r�
41. FIRST READING ORDINANCE: AUTHORIZE.ISSUANCE NOT TO EXCEED
$65,000,000 - MULTI FAMILY HOUSING REVENUE BONDS FOR THE CITY
OF MIAMI, FLORIDA.
Mayor Ferre: All
right, Item Number 16.
Mr. Gary: Mr. Mayor,
this ordinance primarily permits us to file a
bond vali-
dation to be tested
in the circuit court and before we get ready to
sell the
bonds, we will be
back to you.
Mayor Ferre: Who
is the attorney you are going to use on this?
Ms. Dena Spillman:
Brown, Woods & Ivey.
Mayor Ferre: Who
determined that?
Ms. Dena Spillman:
They have been used on this program since...
Mr. Gary: Those programs
have been going on for two years.
Mayor Ferre: All
right, is there a motion on Item 16? Plummer, do
you move
it? Plummer, did
you move it?
Mr. Perez: Yes, I
move.
Mayor Ferre: All
right, it has been moved by Demetrio Perez. Who
seconds?
Plummer seconds.
Further discussion. Read the ordinance.
THEREUPON, the City -Attorney read the ordinance into the record.
Mr. Plummer: Call the roll.
Mr. Dawkins: Discussion.
Mayor Ferre: Discussion, go ahead.
Mr. Dawkins: I will Ms. Spillman and the Manager to understand that in this
ordinance, any land that is acquired in Liberty City or Overtown, that before
you relocate anybody that you have facilities within that same vicinity, to
relocate them, that is all I want to ask. Thank you.
Mayor Ferre: All right, call the roll.
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 ESTI-
MATED $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 PROCEEDINGS FOR SUCH
BONDS.
Was introduced by Commissioner Perez and seconded by Commissioner Plummer
and passed on its first reading by title by the following vote:
120
DEC 91982
.0
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AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commisioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
The City -Attorney read the ordinance into the public record and announced
that copies were available to the members of the City Commission and to
members of the public.
Mayor Ferre: We are now on Item Number 19. Mr. Manager.
Ms. Cathy Leff: In May, 1982, this City Commission designated the Manuel
Artime Community Center as a Category "B" project with respect to acquiring
the services of an architectual engineering firm to prepare construction docu-
ments for the renovation. A selection committee was established and the selec-
tion committee met on two occasions to establish criteria in accordance with
the provisions set forth under Section 18-77 of the City Code. The proposal
was advertised, forty-six firms responded. The committee ranked the forty-six
proposals. Ten firms were short listed and interviewed...
Mayor Ferre: What is the bottom line now?
Ms. Leff: The committee is recommending that the City Commission accept the
City Manager's recommendation on rank order of the top three firms, with
Duany, Plater-Zvberk and Plasencia, John Ross Associates as the number one
firm, Zycovich Architects and Associates as the second ranked firm and
Boerema, Bermello, Kurki and Vera, Inc. as the third ranked firm, at which
time, if approved, negotiations would start with the first ranked firm.
Mayor Ferre: All right, let me ask you the following - who is on the selec-
tion committee?
Ms. Leff: I acted as chairperson; Walter Pierce, representing the City
Manager's office; Pete Long, representing Public Works; Jorge Santiago -
Ventura, from the Building & Fire Rescue and Inspection Services Department;
Carlos Garcia, Finance; Gale Baldwin acting as architect and Conchita Blanc,
who was the community representative who participated in part of that job
selection.
Mayor Ferre: Oh, I see it, okay. Now, let me ask you this - was there a
grading system?
Ms. Leff: Yes, there was.
Mayor Ferre: What was the numerical grade for number one, number two and
number three?
Ms. Leff: For number one, it was eighteen, for number two it is sixteen,
number three was fifteen.
Mayor Ferre: Fifteen. Let me ask you this - you said you met twice. Was
there a vote the first time around?
Ms. Leff: The committee met twice to establish the criteria and I can read
you that. Then, the committee met on two days after a short list. From the
first criteria, the short listed the ten firms as being the most qualified,
from the forty-six. The ten firms were interviewed on two separate days,
five each day, after which the committee ranks the top ten.
Id 121 DEC 91982
ri
Mayor Ferre: My question is specifically this. Were there two times when
there was a vote taken and was there a difference in the results from the first
and the second vote?
Ms. Leff: Oh, no. Well, there were two votes, one was short listing the forty-six
to... number to be personally interviewed.
Mayor Ferre: In the first vote which is the short listing...
Ms. Leff: Right, how did these people...
Mayor Ferre: ... how did these one two and three firms get rated?
Ms. Leff: Ok, Duany came in... Duany Plater Zyberk and Plasencia ranked second,
Zycovich ranked fifth, Boerema, Bermello, Kurki and Vera ranked eighth, this is
out of the ten.
Mayor Ferre: Out of the what?
Ms. Leff: Out of the first ten.
Mayor Ferre: What happened to the first.
Ms. Leff: Number one was Milton Carlyle Harry and Associates in the first
ranking. The initial evaluation is done by a written proposal and the second
ranking is done by a presentation by each of the, vnll know, top ten firms.
Mayor Ferre: Ok, now, I will tell you the rest of my questions are to the
representatives that are here. Are the representatives of these firms here?
Alright, would you please step forward? Would you please step forward? Just
two firms. Where is the third firm?
Ms. Leff: Willie Bermello was here and he was told that it was unnecessary
that he...
Mayor Ferre: What?
(BACKGROUND COhLV= OFF PUBLIC RECORD)
Mayor Ferre: Is there a representative... did you tell him that he should stay
and...
Ms. Leff: No, he said he didn't know if it was necessary that he stayed and I
didn't tell him to stay.
Mayor Ferre: And what did you tell him? You what?
Ms. Leff: I did not request that... I did not tell him to stay.
Mayor Ferre: Kathy, you should not make an assumption like that.
Ms. Leff: I mean, I didn't tell him to leave, he just said I'm leaving...
Mr. Gary: But we don't normally follow this process anyway.
Mayor Ferre: What?
Mr. Gary: We don't normally follow the process where the firms are here.
Mayor Ferre: I realize that, but I think... Oh, yes we do. I have always asked
questions of all the firms and so has Plummier. I can't ever remember Plummer
not questioning ever single firm that's being recommended. We did it... My
God, I remember the hassle we got into with Father Gibson and Lester Pancoast,
who was the second or the third, twice and we ended up with representatives
that we had got one hell of a big hassle on that.
Mr. Gary: That is because of the controversy.
Mayor Ferre: No, not controversy, as Father Gibson wanted Lester Pancoast's
firm to get it.
122 W. n ,A�,�
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Mr. Gary: That is a controversy.
Mayor Ferre: That is not controversy. He had that right as a Commissioner,
and so does each and every one of us here.
Mr. Plummer: It is going to be controversy.
Mayor Ferre: Okay, now. Let's start with you and then with you. Your
name. Can I go through this quickly and then I will shut up and let you
guys...
Mr. Plummer: Oh, I am sorry, you have questions of them? Okay.
Mayor Ferre: Yes, of both of them. All right, your name and address for
the record.
Mr. Bernard Zycovich: My name is Bernard Zycovich. I have an office here at
3326 Mary Street in Coconut Grove and Coconut Grove is also my residence.
Mayor Ferre: How large an office do you have?
Mr. Zycovich: I have six people in my firm that as principal, I also engaged
consultants and special consultants on this job.
Mayor Ferre: How many are members of the minority, women, Blacks and Latins?
Mr. Zycovich: Okay, my firm is owned by myself. I am not classified as a
minority. Thoren Grafton is a special consultant. He will be sharing in
the architectural work. He has a firm. He is not a minority. My electrical/
mechanical engineer is Irene Fraga. She is not only Latin, she is a woman and
owns her firm. It is totally 100% minority. The firm of Gaston DeZarraga,
Donnell, Duquesne is also 100% Latin.
Mayor Ferre: And they are civil engineers.
Mr. Zycovich: She is also a civil engineer.
Mayor Ferre: No, no, no. You said Gaston...
Mr. Zycovich: Gaston DeZarraga, Ramon Donnell and Pedro Duquesne are all Latin
owners of the structural firm.
Mayor Ferre: Structural.
Mr. Zycovich: Structural firm. Now, I have as my grass roots consultants on
this project, Barry Steinman, who is the General Manager of Players State
Theatre, who I selected for obvious reasons. I have Olga Pagan, who is instru-
mental in producing "Que Pasa" as my special theatre consultant. She is Latin. I
have Gonzalez Rodriguez, who is my lighting consultant, who does most of the
on hand lighting of the type of performances that we expect to see here. He is -
also Latin.
Mayor Ferre: Okay. Anything else you want to add to that? With regards to
that question.
Mr. Zycovich: Not with regards to that question.
Mayor Ferre: Okay, now your name and address for the record.
Mr. Andre Duany: Andre Duany, 5612 LeJeune Road. First name, Andre.
Mayor Ferre: Answer the same questions that I asked. .
Mr. Duany: The number of Latins and minorities?
Mayor Ferre: And Blacks and women.
Mr. Duany: Well, we have the three of us. Two of us are Latin and one of the
partners is a woman, obviously. The consultants are A. R. Condum for accoustic
engineering and Leonard Glazer for the lighting engineering. They are not
minorities and John Ross and Partners are our structural engineers. I do not
know the composition of their firms. I know that we are in touch with a Mr.
Rodriguez in Mr. John Ross' firm. Mr. Condum is a Cuban, excuse me.
123 o E C 91982
Mayor Ferre: Mr. who?
Mr. Duany: Mr. Condum.
Mayor Ferre: Okay.
Mr. Duany: Everyone who works for us is either women or Latin, including a
Mariel refugee.
Mayor Ferre: Okay, now I am through with my questions.
Mr. Plummer: Well, of course, the disadvantage is we can't asked the third
firm.
Mr. Dawkins: The third firm that was here - how was he rated the guy that
left? He was number one.
Ms. Leff: He was rated third. He is a minority owned firm.
Mayor Ferre: (INAUDIBLE)... partners in that firm.
Ms. Leff: Well, part of them are minority - two or three.
Mr. Dawkins: Okay, and this group was rated, what?
Ms. Leff: One.
Mr. Dawkins: One - he was rated two, and the other guy was rated three.
Ms. Leff: And the one that left was rated third.
Mr. Plummer: Let me ask this question. Cathy, aid you make the statement that
the intent of the City was to award this contract to a small firm, because it
is a small project?
Ms. Leff: No. The size of the firm was considered as far as the size being
adequate to provide the types of services required, but as far as a firm having
to be smaller,: lio, that was not a requirement, nor was it stated.
Mayor Ferre: The Zycovich firm has six? You have how many?
Mr. Duany: Nine, sir.
Mayor Ferre: All right. In other words, they are both small firms.
E
Mr. Carollo: Mr. Mayor, it is 7:00 P.M. at night and I think all three firms
are qualified. However, I am going to go ahead with the recommendations they
have made as the number one firm. They spent a lot more time going over then
we are going to here, so I make a motion that we go with the number one firm.
Mayor Ferre: Okay. Unless somebody else wants any discussion, I will recog-
nize that as a motion. Does anybody have any ruther questions? Then, as soon
as the questions are over, I will recognize you for that motion. Are there
any other questions, or any other statements that need to be made? All right, _
do you want to make any kind of a short concluding statement?...and the same
thing to you.
Mr. Duany: Well, it is rather difficult to make a statement here on what
amounts to self -advertising.
Mayor Ferre: Of course!
Mr. Duany: We have a record of ... we have a rather lengthy record for being
such a young firm, of receiving extensive awards, publication and recognition
for almost all of our designs - national and international awards. We also
have... including, actually, last Friday - we received two awards - two honor
awards from the American Institute of Architects. I think one of the things
that we do well, is that we have restored several old buildings in Miami, in-
cluding the Dade Heritage Trust headquarters, which is Dr. Jackson's office.
We have restored the oldest house in Key West and we are in the process now of
restoring to Federal standards the Sunshine Food Company guest house and if you
Id 124 DEC 91982
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know the building, you will realize, although it was built in 1959, it was a
very old style and it could well have been built in 1859 and I think the church -
the church that we are about to renovate and I think that we can offer a just a
great deal of knowledge and sympathy for that type of architecture. As a matter
of fact, most of the new work that we do, we like to think it is indistinguish-
able from the old work and that is something that is special to our firm - that
we just have a great sympathy for the building and whatever modifications that
are done, that are mostly inside, would be a continuation of the architecture
of the exterior.
Mayor Ferre: All right.
Mr. Zycovich: My purpose in being here is not to question qualifications. I
believe that the selection committee did their job - they did their job well.
They ranked us one, two, three. That is not the reason I am here. The reason
I am here is because I am not talking about my minority ownership. I am talk-
ing about minority, specifically Latin cultural representation. The issue here
is not who should own the firm. I think the issue here is whose team best re-
presents the Latin cultural community. It is very interesting to me, who is
not a Latin, to know that I have included with my letter to you (eight letters)
of the Latin cultural community, including Jose Bajamonde, who was the Executive
Producer of Que Pasa, saying that, based on his experience, the consultants that
I have selected, best represent the users who will ultimately be occupying this
facility. Any of the three firms is qualified to do the job. They were after
all forty-six who applied, and they ranked us one, two, three. The focus is,
that ours has a unique approach that I do believe none of the other teams have,
and that is specifically, the fact that we have a representative not in a pro-
fessional capacity, but in a hands on capacity, namely, Barry Steinman, of
how to really run a theatre, which is ultimately the objective of this project.
We have on our team Olga Pagan, who is representative of many cultural groups
here in Miami and knows exactly what their needs are and by the way, we believe
those needs were not addressed in the Sasaki master plan....
Mayor Ferre: Okay.
Mr. Zycovich:.... and this was a big part of our presentation. We also have
Gonzalez Rodriguez, who is not a lighting engineer, and I have the utmost
respect for Leii Glazer; I have worked with him before. He is actually the
guy in the catw,lks, who works as living, knowing what these theatre groups
need to produce the production. We came in with a very bold scheme, which
was perhaps too bold in lieu of the final voting, but this scheme that we
came up with, based on the people I have just mentioned, and letters that
you have received, is, I believe, representative of the types of facility that
the cultural...
Mayor Ferre: I don't understand. What are saying, bold scheme? What do you
do, tear it down?
Mr. Zycovich: No, I am not suggesting that we tear it down. There was an
interesting thing that came up in the discussion during the presentation.
Mayor Ferre: Just answer my question.
Mr. Zycovich: The thing that we are doing is, we proposing in this scheme,
which is not the ultimate scheme after all, that one possibility here is to _
add a smaller theatre, which this community does not have - not a five hundred
seat theatre, which is being proposed and which you are about to spend
$1,500,000 on only, but that we need to incorporate a smaller theatre for the
many small groups in this community that have audiences of one hundred or one
hundred fifty people.
Mayor Ferre: Can you do that within the scope of the contract?
Mr. Zycovich: We can do that within the scope of our contract.
Mayor Ferre: Let him finish, Katy, and then I will recognize you for the
closing statement and then we will vote.
Mr. Zycovich: I think that my basic point is, as I made it - I am not challeng-
ing architectural qualifications. What I think our team has that is unique is
Id 125 DEC 91982
0
the fact that we can bring management that is first hand to the theatre, via
Players State, which is after all, the best known. We can bring direct, hands
on experience of what the users need and not base it upon what the master plan
necessarily tells us to do.
Mayor Ferre: Thank you. Cathy?
Ms. Leff: I just wanted to make comment. While I respect Bernard and his
talent and his team, they are a very good team, just as far as what the com-
mittee felt would be first -ranked team, their presentation did not preclude
them from bringing in any other types of consultants that were necessary to
insure community involvement or user involvement. Additionally, their pre-
sentation specifically stated that they would look towards alternatives and
examine what the master plan stated, so they didn't come in there with a
specific idea, but they were not required at the presentation, nor were they
even asked to present alternatives at that time.
Mayor Ferre: All right. Now, we have a motion before us. If there is a...
Mr. Carollo: There is motion to accept the number one firm that was recommended
by staff.
Mayor Ferre: I am going to ask for a second. If there is no second, then we
will just do it by a simple voting procedure. There is a motion on the floor
that we accept the Manager's recommendation - the Administration's recommendation.
Is there a second?
Mr. Perez: I second.
Mayor Ferre: All right, there is a second. Further discussion?
Mr. Perez: I second, but I would like to emphasize, Mr. Mayor, the committee,
or the City, does not negotiate with the first firm, that they give the option
to the second firm.
Mr. Carollo: That is obvious that is the way it works.
Mayor Ferre: Further discussion?
Mr. Plummer: Mr. Mayor, well, I will make a statement when I vote.
Mayor Ferre: All right, call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-1140
A RESOLUTION APPROVING THE SELECTION BY THE CITY MANAGER
OF THE MOST QUALIFIED FIRMS TO PROVIDE PROFESSIONAL ARCHITEC-
TURAL/ENGINEERING SERVICES FOR THE RENOVATION OF BUILDING A
OF THE MANUEL ARTIME COI-MLNITY CELNTER; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT; DI-
RECTING THE CITY MANAGER TO PRESENT A NEGOTIATED AGREEMENT
TO THE CITY COMMISSION FOR APPROVAL UTILIZING FUNDS FROM
THE 8TH YEAR COMMUNITY DEVELOPMENT PROGRAM TO COVER THE
COST OF SAID AGREEMENT FOR THE PROJECT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Mayor Maurice A. Ferre
NOES: Vice -Mayor J. L. Plummer, Jr.
ABSENT: None
ld 126 DEC
91982
ON ROLL CALL:
Mr. Plummer: I am voting "no" and the reason I am, I think it is unfair where
we have three firms that were proffered and one of them does not have the oppor-
tunity. I have do have to question whether or not it was a criteria as to
whether or not a small firm was favored, but more importantly, I think we have
to give all three the same opportunity, and that has not prevailed here today.
43. AUTHORIZE AGREEMENTS WITH SCHOOL BOARD FOR VOCATIONAL JOB TRAINING
SERVICES AT PUBLIC SCHOOLS.
Mayor Ferre: The next item before us is Item Number 24.
Mr. Gary: Mr. Mayor, this item is a part of the CETA contract and allows us
to enter an agreement with the School Board to provide vocation and English
as a second language ane other remedial educational training. They are a
very, very low rate.
Mr. Plummer: Move it.
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. 82-1141
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
AGREEMENTS IN SUBSTANTIALLY THE SA. *SE FORM ATTACHED HERETO
WITH 9HE SCHOOL BOARD OF DADE COUNTY, FLORIDA, FOR THE
PURPOSE OF PROVIDING VOCATIONAL JOB TRAINING SERVICES AT
PUBLIC SCHOOLS FOR THE CITY OF MIAMI'S COMPREHENSIVE JOB
TRAINING PROGRA"i PARTICIPANTS IN AN AMOUNT NOT TO EXCEED
THIRTY FOUR THOUSAND FOUR HUNDRED DOLLARS ($34,400) WITH
FUNDS THEREFOR ALLOCATED FROM THE CITY OF MIAMI'S CETA
FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution :was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
ld 127 DEC g 19$2
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44, SECOND READING ORDINANCE: NEW TRUST AND AGENCY FUND
"APPRENTICESHIP PROGPLMi FY'83"; "COMPREHENSIVE JOB TRAINING
PROGRAM FY'83"; "OVERTOWN JOBS PROGRAM FY'83"; AND "TRAINING
FOR INDEPENDENT LIVING FY'83".
Mayor Ferre: Take up Item number 8. This is an ordinance, second reading.
Mr. Gary: Mr. Mayor, this is allocation of our CETA dollars which totals
1.6 million dollars. This is a considerable reduction from amount that we
had before.
Mayor Ferre: On second reading - is there a...
Mr. Plummer: Move it.
Mayor Ferre: It is moved by Vice -Mayor Plummer. Seconded by Perez?
Mr. Perez: Yes.
Mayor Ferre: Further discussion.
Mr. Dawkins: Discussion.
Mayor Ferre: Go ahead.
Mr. Dawkins: This apprentice program that we have - that is with us?
Mr. Gary: Yes, sir. It is over in public works and it is very successful.
Mr. Dawkins: What is the amount of this money that we are spending for salaries?
Mr. Gary: Building and Vehicle maintenance. Oh, it is a very small amount,
most of it goes to participants. I will get that figure for you in a minute.
Mr. Krause: I'am sorry, I don't have a breakdown. Now, most of the money —_
goes to the participants, not salaries for administrative. We pay 80% of
the journeyman rate for a first year apprentice. No, it is $87,000 out of the
entire amount.
Mr. Gary: Out of the entire amount, $87,000 goes for salary - out of the entire
1/6 million dollars.
Mr. Dawkins: Out of 1.6 million, $87,000 goes for salaries?
Mr. Gary: That is all.
Mr. Krause: I am sorry, Commissioner, I really through we were talking about
the apprenticeship program. Salaries out of the ...
Mr. Dawkins: Okay, now, down here in the comprehensive job training, it says
$97,000 here. Does that go for salaries too?
Mr. Krause: Out of the 1.6, roughly $300,000 would go for City staff salaries.
Mr. Dawkins: City staff salaries?
Mr. Krause: Yes, these are counselors, primarily counselors. '
Mr. Dawkins: Give me an ethnic breakdown on where they are and what have you.
Okay, and I am finished with it.
Mr. Plummer: Is there a motion on 8? Is the: a motion on Item number 8?
Mr. Carollo: Moved.
Mr. Plummer: Moved by Carollo. Seconded by Demetrio Perez. Any further
discussion? Motion understood. Call the roll. Read the ordinance for second
reading.
128
Id
DEC 9 1982
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SECTION 1 OF ORDI-
NANCE NO. 8719, ADOPTED OCTOBER 26, 1977,
THE SUMMARY GRANT APPROPRIATIONS ORDINANCE,
AS AMENDED: BY ESTABLISHING FOUR (4) NEW
TRUST AND AGENCY FUNDS ENTITLED: "APPREN-
TICESHIP PROGRAM-FY'83"; "COMPREHENSIVE JOB
TRAINING PROGRAM-FY'83": "OVERTOWN JOBS PRO-
GRAM-FY'83"; AND "TRAINING FOR INDEPENDENT
LIVING-FY'83"; APPROPRIATING FUNDS FOR THE
OPERATION OF SAID TRUST AND AGENCY FUNDS
IN THE AMOUNTS OF $87,410; $1,138,790;
$223,400; AND $150,400, RESPECTIVELY, FOR
A TOTAL OF $1,600,000; PROVIDING THE AUTHOR-
ITY FOR THE CITY MANAGER TO TRANSFER FUNDS
AMONG AND S�TWEEN ANY OF THE FOUR (4) NEW
TRUST AND AGENCY FUNDS HEREIN ESTABLISHED,
WITHOUT EXCEEDING THE $1,600,000 TOTAL
APPROPRIATION, INSOFAR AS SAID TRANSFER IS
AUTHORIZED BY THE SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM; CONTAINING A RE-
PEALER PROVISION AND SEVERABILITY I:LAUSE.
Passed on its first reading by title at the meeting of November 4, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Plummer, seconded by Commissioner Perez,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
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 DESIGtiATED ORDINANCE NO. 9531.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and tc the public.
45. SECOND READING ORDINANCE: AMEND SECTION 54-3 OF THE CODE;
INCREASE FEE FOR APPLICATION OF PERMIT TO OBSTRUCT STREETS
OR SIDEWALKS OR IMPEDING TRAFFIC.
Mr. Dawkins: Move 10.
Mayor Ferre: We are now on Item number 10. There is a motion on 10. Is there
a second?
Mr. Carollo: Second.
Mr. Plummer: Second.
Mayor Ferre: It has been seconded. Further discussion. Read the ordinance.
Id 129 DEC 9 982
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•
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SUBSECTION (d) OF SECTION 54-3 OF THE
CODE OF THE CITY OF MIAMI, BY INCREASING THE FEE FROM $15 TO
$30 WHEN APPLYING FOR A PERMIT TO OBSTRUCT A STREET OR SIDEWALK
OR IMPEDE TRAFFIC; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of November 4, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Carollo,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
AYES: Commissioner 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. 9532.
46. SECOND READING ORDINANCE: AMEND SECTION 54-6 OF THE CODE;
INCREASE FEE FOR APPLICATIONS FOR PERMITS FOR PARADES AND
PROCESSIONS.
Mr. Dawkins: Move Item Number 11.
Mr. Carollo: Yes, second on 11 for parades, processions and funerals.
Mr. Perez: (COMMENT IN SPANISH)
Mayor Ferre: All right, there is a motion on Item 11 by Dawkins, seconded by
Carollo, amended to include funerals. Further discussion.
Mr. Plummer: What? No!
Mayor Ferre: All right. No funerals! (LAUGHTER)
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SUBSECTION (f) OF SECTION 54-6 OF THE
CODE OF THE CITY OF MIAMI, BY INCREASING THE FEE FROM $15
TO $30 WHEN APPLYING FOR A PERMIT FOR PARADES AND PROCESSIONS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of November 4, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Carollo,
the ordinance was thereupon given its second and final reading by
title and passed and adopted by the following vote:
130
DEC 91982
Id
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. 9533.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
Mayor Ferre: There is a pocket item the Manager wants to bring out. Mr.
Manager, the Chair recognizes you for the question of Virginia Key as a
resource based park.
Mr. Gary: Yes, Mr. Mayor. We have brought before you the Selection Committee's
recomendation with regard to a firm to do the master planning for Virginia Key.
We have gone through that process. You have directed me to negotiate the agree-
ment. We have it here before you. I apologize for it not being on the agenda.
It is important for us to do it, because it relates to a State and a Federal
grant and we have to show activity in terms of expenditure of funds in order
for us not to lose those funds.
Mr. Carollo: icr moved.
Mr. Dawkins: Second.
Mayor Ferre: It has been moved and seconded and this is a resolution that is
before entitled: (AT THIS POINT, MAYOR READS RESOLUTION) Now, Mr. Manager,
I am voting for this, so let's not misunderstand my question. So that we
don't get into trouble later on about procedure, how we select this firm?
Mr. Gary: We selected this firm in the same manner as the previous selection
process occurred to allow the City staff a criteria short lived.
Mayor Ferre: This has been a previously selected firm and we are just expanding
their contract?
Mr. Gary: No. It was a firm that was ranked number one. You selected them. `
You directed me into negotiating the contract and we are now bringing the
contract back to you, authorizing me to execute it.
Mayor Ferre: Okay, and the contract for $135,000 - $100,000 for the prelimi-
nary and $35,000 for all documents....
Mr. Gary: Construction documents..
Mayor Ferre:....so that after we spend $135,000, you have got a finished
product.
Mr. Gary: Exactly.
Mayor Ferre: The main firm here is Black, right?
Mr. Gary: The main firm here is Black.
Mayor Ferre: But, they will be subcontracting with other firms?
131 0 E C 9 1982
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d,(
Mr. Gary: Yes, Post, Buckley, Schuh is one of them.
Mayor Ferre: I have'no further questions. Anybody else?
Mr. Carollo: Yes, what happened to my study to use Virginia Key, part of it
as an open door gun range and the horses?
Mr. Gary: Oh, no. This is a part of the study in the master plan. The
part of the master plan - they are taking into consideration all the requests
the City Commission made in terms of the gun range and I think there is some-
thing about the dogs. They are going to come on with the master plan in
terms of where these things should be located - situated. They are profes-
sionals.
Mayor Ferre: Dogs - you are not going to be shooting dogs, now are you?
What is this?
Mr. Gary: This is more like dog training - you know, the Canine.
Mayor Ferre: Oh, I see, it has nothing to do with the shooting range.
Mr. Plummer: They are teaching the dogs how to shoot straighter! (LAUGHTER)
Mayor Ferre: All right. Further discussion. All right, call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-1142
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
NEGOTIATED AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED
HERETO, BETWEEN THE CITY OF MIAMI AND SYNTERRA, LTD. TO
PROVIDE LANDSCAPE ARCHITECTURAL, ARCHITECTURAL AND
ENGINEERING SERVICES RELATED TO THE DEVELOPMENT OF VIRGINIA
KEY,-UING PREVIOUSLY ALLOCATED FUNDS TO COVER THE COST OF
SUCH'RERVICES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
NOTE FOR THE RECORD: COIvMISSIONER DAWKINS LEFT AT 7:20 P.M.
Mayor Ferre: We have Item number 6. Is there a motion on that?
Mr. Carollo: Moved.
Mr. Perez: Second.
i 132 DEC
919$2
Mayor Ferre: All right, it has been moved and seconded. Plummer, do you have
any questions? Call the roll on 6.
AN ORDINANCE ENTITLED:
AN EMERGENCY ORDINANCE MAKING APPROPRIATIONS FOR CAPITAL
IMPROVEMENTS, CONTINUING PREVIOUSLY APPROVED CAPITAL
IMPRO=N,T'PROJECTS, AND ESTABLISHING NEW CAPITAL IM-
PROVEMENT PROJECTS TO BEGIN DURING FISCAL YEAR 1982-83;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo, and seconded by
Commissioner Perez, for adoption as an emergency measure and dispensing
with the requirement of reading same on two separate days, which was
agreed to by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Whereupon the Commission on motion of Commissioner Carollo, and
seconded by Commissioner Perez, adopted said Ordinance by the following
vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Joe Carollo
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9534.
The City Attorney read the ordinance into the public record and
announced that copies were available to members of the City Commission
and to the public.
INSTRUCT CITY MANAGER TO DOUBLE THE PACE TO COMPLETE SEWERING
OF THE ENTIRE CITY IN A PERIOD OF THREE TO FOUR YEARS.
Mayor Ferre: Mr. Manager, I would like to make a motion that we accelerate
the sewering of the City of Miami. I know, and I don't mean to be disrespect-
ful to my good friend Vince, or to Mr. Cather, or anybody else - we have a
kind of slow plodding way - I understand seven or eight years from now we are
going to be fully sewered. I'd like to be sewered three or four years from
now. Now, the debt structure of the City of Miami is extremely low for the
size city we are and I guarantee you that in the next twelve months, you will
have the lowest bond rates that we will have in the next five years and I
really think that we should accelerate our sewering program and 1 would double
the quickness of it and I would like...
Mr. Gary: Mr. Mayor, we are following that policy that you have been espousing
even to the point that in March we will be coming to the City Commission
with a recommended G.O. bond sale for more.
Mayor Ferre: Yes, but you see, you are not following it. What in effect you
133
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0 E C 91982
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are doing is - Lynwood Sanitary 3,2, Durham Sanitary is 1.4. That makes
4.6 and the rest of these improvements are not sanitary sewer. What I am tell-
ing you...
Mr. Gary: That is because you have got to get more money, Mr. Mayor.
Mayor Ferre: Okay, but what I am doing is, I am memorializing for you in
a resolution to instruct you to proceed to double the pace that we are sewer-
ing now, because before Plummer retires in a... in a...in a... year —or maybe
four or five years...we want to finish the sewering! Now, if he retires...
Mr. Plummer: Manolo's phone number at home, please? (LAUGHTER)
Mayor Ferre: If he retires in a year, we have no chance, but if he retires
in five years, I would like, when Plummers retires, to have a city fully
sewered, so that he can say that he was responsible for getting a lot of
(bleep!) off the streets.
Mr. Plummer: When I came here, Mayor Maurice Ferre was full of (bleep!) and
no longer do we have to worry about that.
Mayor Ferre: So, I so move.
Mr. Plummer: So I have got to second that.
Mayor Ferre: Okay, call the roll, Joe.
Mr. Carollo: Roll call.
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 82-1143
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
TAKE THE NECESSARY STEPS TO ACCELERATE THE PACE OF SEWERING
THE MMAINDER OF THE CITY OF MIAMI SO THAT THE ENTIRE CITY
WILL BE SEk'ERED THREE TO FOUR YEARS FROM THIS DATE.
Upon being seconded by Commissioner Plummer, 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: None
ABSENT: Commissioner Miller J. Dawkins
Mayor Ferre: All right, Mr. Manager, the intent of that motion is that you
come back in January, or at latest, February with a schedule of a plan as to
how we are going to get sewered before Plummer retires.
Mr. Plummer: Cesar Odio is back in the ground again now.
50. APPROVE MIAMI CAPITAL IMPROVEMENT PROGRAM FROM 1902 TO 1988.
Mayor Ferre: Agenda Item 6a.
Mr. Carollo: Moved.
Mayor Ferre: It has been moved, is there a second?
134
DEC 9 1980
Aw
Id
Mr. Perez: Second.
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. 82-1144
A RESOLUTION APPROVING THE MIAMI CAPITAL IMPROVEMENT
_ PROGRAM 1982-1988 IN PRINCIPLE; TO PROVIDE GUIDELINES FOR
CITY AGENCIES, BOARDS AND DEPARTMENTS.
(Here follows body of resolution, omitted here and on file
on 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 ;tiller J. Dawkins
-----------------------------------------------------------------------------
NOTE FOR THE RECORD: Agenda Items 14 and 14a were withdrawn.
NOTE -FOR THE -RECORD: -- Agenda Item ---
23 was withdrawn.
----------------------------------------------------------------------
-77 _.
51. INFOR?i METRO THAT WE INTEND TO TAKE CREDIT FOR PAST C0ITRIBU-
TIONS FOR LA,D FOR METRORAIL PRIOR TO TRANSFER REQUESTED ON
THIS AGENDA.
Mr. Gary: What I would suggest, the approach to take is, it would be
appropriate to have a motion of the City Commission, informing Dade County
that we plan to take credit for these contributions to the downtown people
mover.
Mr. Plummer: Prior to the transfer of this, what is requested.
Mr. Gary: I agree.
Mr. Plummer: I so move.
Mayor Ferre: It has been moved by Plummer. Is there a second? Are we pass-
ing Item 23 with that qualification?
Mr. Gary: No, we have withdrawn it.
Mayor Ferre: You withdrew Item 23 and this is in lieu of.
Mr. Gary: Yes, sir.
Mayor Ferre: Okay, Plummer moves and Perez seconds.
Mr. Plummer: We are deferring it until they send us a credit slip.
Mayor Ferre: All right, further discussion. Call the roll.
Id 135 DEC
919$2
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The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 82-1145
A MOTION OF THE CITY COMMISSION INFORMING METROPOLITAN DADE
COUNTY THAT THE CITY OF MIAMI PLANS TO TAKE CREDIT FOR ALL
CITY OF MIAMI CONTRIBUTIONS TO THE DOWNTOWN PEOPLE MOVER
PRIOR TO CONSIDERING A REQUEST MADE BY METROPOLITAN DADE
COUNTY FOR A PERMANENT EASEMENT AGREEMENT FOR US OF A PAR-
CEL OF LAND APPROXIMATELY 1,593 SQUARE FEET IN THE NORTH
EAST QUADRANT OF THE MUNICIPAL JUSTICE BUILDING PROPERTY FOR
FOUNDATION AND COLUMNS OF THE AERIAL GUIDEWAY OF THE RAPID
RAIL TRANSIT SYSTEM.
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: None
ABSENT: Commissioner Miller J. Dawkins
52. RATIFY, APPROVE, AND CONFIRM AGREEMENT; RICHARD B. HORROW,
INTERIM CONSULTING SERVICES re ONE CENT SALES TAX ISSUE.
Mayor Ferre: Take up Item number 29.
Mr. Gary: Mr. Mayor, this item is a ratification of an action taken by the
City Manager to retain the services of Mr. Rick Horrow to provide technical -
services with regards to the new sports facility.
Mayor Ferre: This is through January 17?
Mr. Gary: This is through January, yes, sir.
Mayor Ferre: All right, is there a motion? Plummer moves. Is there a
second?
Mr. Perez: Second.
Mayor Ferre: Perez seconds. Further discussion? Call the roll on 29.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-1146
A RESOLUTION RATIFYING, APPROVING AND CONFIRM-
ING THE ACTION OF THE CITY MANAGER IN EXECUTING -
THE ATTACHED PROFESSIONAL SERVICES AGREEMENT
WITH RICHARD B. HORROW TO PROVIDE THE CITY WITH
I
INTERIM CONSULTING SERVICES REGARDING THE 1j
SALES TAX ISSUE SCHEDULED FOR THE DECEMBER 14,
1982 REFERENDUM TO INCLUDE ASSISTING THE CITY
MANAGER WITH TECHNICAL ADVICE ON MATTERS RELAT-
ING TO SPORTS FACILITIES AND THE 1j SALES TAB
TO FINANCE SUCH FACILITIES, SAID AGREEMENT
PROVIDING FOR THE INCLUSION OF THE SERVICES
OF STAFF MEMBERS PREVIOUSLY SERVING IN THE
4
OFFICE OF THE FORMER SOUTH FLORIDA REGIONAL
SPORTS AUTHORITY, WITH FUNDS THEREFOR ALLOCAT-
ED IN AN AMOUNT HOT TO EXCEED $40,000 FROM
SPECIAL PROGRAMS AND ACCOUNTS. CONTINGENT FUND.
e'
19OL
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(Here follows body of resolution, omitted here and on file
on 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: Commissioner Joe Carollo
ABSENT: Commissioner Miller J. Dawkins
53. APPOINT REVEREND JIM MCCARTNEY AS REPRESENTATIVE OF BISCAYNE
COLLEGE ON MIAMI CABLE ACCESS CORPORATION BOARD OF DIRECTORS.
Mayor Ferre: Item 39 is non-controversal. Somebody want to move that?
Mr. Perez: Moved.
Mayor Ferre: Demetrio Perez moves Father McCartney. Plummer seconds.
Further discussion? Call the roll on 39.
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 82-1147
A RESOLUTION APPOINTING REVEREND JIM McCARTNEY AS THE
REPRLB£NTATIVE OF BISCAYNE COLLEGE ON THE INITIAL BOARD
OF THE MIAMI CABLE ACCESS CORPORATION BOARD OF DIRECTORS
(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: Agenda Items 35, 40 and 41 have been withdrawn.
---------------------------------------------------------------------------
Mr. Gary: The City Attorney's office presently has an outdated copier.
Mr. Garcia -Pedrosa; Two of them.
Mr. Gary: We have the option of trading them in for high speed copiers and
it only going to cost us $16.50 more per month. This is a very good deal and...
137 DEC 91982
4 i
Mayor Ferre: Is this this year?
Mr. Gary: That is it right there.
Mayor Ferre: Plummer, do you have any major objections to this?
Mr. Plummer: I am told by Mr. Pedrosa that I have no major objections.
Mayor Ferre: All right, a resolution approving the substitute of two
photocopying machines under lease from IBM with one high speed copier and
so on. Is there a motion?
Mr. Perez: I move.
Mayor Ferre: Carollo moves, Perez seconds. Further discussion, call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-1148
A RESOLUTION APPROVING THE SUBSTITUTION OF TWO
PHOTOCOPY MACHINES UNDER LEASE FROM
INTERNATIONAL BUSINESS MACHINES CORP. (IBM)
WITH ONE HIGH SPEED COPIER (IBM III, MODEL 60)
AT AN ADDITIONAL MONTHLY COST OF $16.50 FOR USE
BY THE LAW DEPARTMENT; AUTHORIZING THE
EXECUTION OF A LEASE/RENTAL AGREEMENT FOR SUCH
NEW COPIER UNDER A STATE OF FLORIDA CONTRACT;
ALLOCATING FUNDS THEREFOR FROM THE 1982-83
OPERATING BUDGET FOR SAID DEPARTMENT;
AUTHORIZING THE CITY MANAGER AND THE PURCHASING
AGENT TO ISSUE A PURCHASE ORDER FOR SAID NEW
COPIER.
(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
Mayor Ferre: A resolution appointing nine individuals to the city-wide
Community Development Board that we approved this morning. Is there a motion?
Mr. Carollo: Moved.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Moved by Carollo. Seconded by Perez. Further discussion. Call
the roll.
133
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0
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-1149
A RESOLUTION APPOINTING NINE INDIVIDUALS TO THE CITYWIDE
CO10TUNITY DEVELOPMENT ADVISORY BOARD, IN ACCORDANCE WITH
RESOLUTION NO. 82-560, ADOPTED JUNE 17, 1982.
(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
55.1. PLAYERS STATE THEATRE BI-LINGUAL PLAY; REQUEST ASSISTANCE.
(R.FLR ZD TO TYE CITY "A!'AGZ7)
Mayor Ferre: There is a letter, Mr. Manager, from the Players State Theatre,
who have requested consideration from the City for Hispanic theatre project,
Players State Theatre, combination Hispanic and Anglo community resources.
Projects involve play by Hispanic playwright, and so on and so forth. Two
weeks period_ . for original amount. Festival Committee disqualifed,
as it is not a festival. Pocket item, based on the fact that it is the first
time a bilingual play is being presented in Coconut Grove. Would you please
have somebody study it and recommend back to the Commission.
56. EXTEND FILING PERIOD FOR APPOINTMENTS TO THE PLANNING ADVISORY
BOARD AND ZONING BOARD TO JANUARY 13TH WITH C=MISSION ACTION
TO BE TAKEN ON JAtiUARY 27TH.
Mayor Ferre: All right, there is a request here by my office that the filing
period that expires on December 16th be extended - the Planning Advisory
Board and the Zoning Board, that we extend the filing period, for how long,
Marie? Until January ... you have got to give me a specific date.
(INAUDIBLE BACKGROL"N'D C0101ENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: Defer what? In other words, the motion would be, that we are
going to defer the selection from the 16th to the meeting in January, which
is January 27th. Any problems with that, Mr. Manager?
Mr. Gary: Let's get back to you, each of the Commissioners.
Mayor Ferre: In the meantime, Commissioner Plummer moves and Commissioner
Perez seconds that the...
Mayor Ferre: No, but I don't want to have it facing us on the 16th. In other
words, the motion has to be made now that the decision will not be made December
16th, but will be deferred to the January meeting. Do you have any problems with
that, Howard?
139 DEC 91982
4
0
Mr. Gary: Except that you may not have•a board. 31st of January? Fine.
Mayor Ferre: All right, and therefore extend the application day until the
Commission meeting, which is what day? Extend to the 13th of January and we
will hear it on the 26th of January, okay? Ahd the present board is extended
for one more month until January 31st. Is that part of the motion? Any
problem with that? Plummer? All right, Plummer moves, Demetrio Perez
seconds. Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved its
adoption.
MOTION NO. 82-1150
A MOTION OF THE CITY COMMISSION DEFERRING CONSIDERATION OF
APPOINTMENTS TO THE ZONING BOARD AND PLANNING ADVISORY BOARD
PREVIOUSLY SCHEDULED TO BE MADE AT THE MEETING OF DECEMBER
16TH TO TAKE PLACE AT THE MEETING SCHEDULED FOR JADNUARY 17TH,
SETTING THE NEW DATE OF JANUARY 13TH AS THE NEW DEADLINE FOR
RECEIPT OF APPLICATIONS.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Vice-,Iayot J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
57. ;POTION DECLARING THAT THE COST OF THE DECDMBER 14, 1982 CITY OF _
MIAIII ELECTION SHALL BE PAID FROM PROCEEDS OWNED TO THE CITY
OF MIAMI BY JOE ROBBIE FOR THE USE OF THE ORANGE BOUTL STADIUM.
Mayor Ferre: I propose - I would like to make a motion, that since we have
sufficient monies out of the rental fees, although unpaid by Joe Robbie,
user fees that are forthcoming - he owes us $150,000. The election is going
to cost $85,000 and therefore, I would like to move that the fees, the monies
from Mr. Joe Robbie be used to pay for the election to improve the Orange Bowl and I
know ... wait a minute, I know that Plummer wants to make that motion. I will
let Mr. Plummer have the honor.
Mr. Plummer: I would abstain from voting... (INAUDIBLE) (LAUGHTER)
Mayor Ferre: Mr. Plummer moves that the monies forthcoming from Mr. Joe Robbie
be utilized to pay for the election to improve the Orange Bowl. Is there a
second to that motion?
Mr. Perez: I second.
Mayor Ferre: Second by Commissioner Perez. Further discussion. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 82-1151
A MOTION OF THE CITY COMMISSION AUTHORIZING AND DIRECTING
THE CITY MANAGER TO ALLOCATE FUNDS TO BE RECEIVED FROM JOE
ROBBIE IN PAYMENT OF USER'S FEE FOR USE OF THE ORANGE BOWL
K STADIUM, TO BE USED TO DEFRAY THE COST OF THE DECEMBER 14TH
CITY OF MIAMI SALES TAX ELECTION FOR IMPROVEMENTS TO THE
ORANGE BOWL ST.ADIUM.
ld �l�� DEC 9 1982
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Vice -Mayor J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Commissioner Joe Carollo
58. FORMALIZING RESOLUTION ALLOCATION OF FUNDS FOR CHRISTMA5 PARTY
FOR LITTLE HAVANA •ACT I V T r f ,`'CENTER TO BE HELD AT COCONUT GROVE
EXHIBITION CENTER.
Mayor Ferre: This is a resolution allocating $7,146 from the Contingent
Fund for the Little Havana Activities Center for the purposes of supporting
said agency in holding an annual Christmas holiday party for elderly citizens
in the City of Miami on December 15th at Coconut Grove Exhibition Hall, further
waiving the user's fee for such facility. Mr. Manager, do you support this?
Mr. Gary: Yes, air.
Mayor Ferre: All right, is there a motion? Moved by Commissioner Carollo. Is
there a second? Second by Commissioner Perez. Is there further discussion?
Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-1152
A RES61kTION ALLOCATING $7,146 FROM THE CONTINGENT FUND TO
THE LITTLE HAVANA ACTIVITIES CENTER FOR THE PURPOSE OF SUP-
PORTING SAID AGENCY IN HOLDING AN ANNUAL CHRISTMAS HOLIDAY
PARTY FOR ELDERLY CITIZENS OF THE CITY OF MIAMI ON DECDMER
15, 1982 AT COCONUT GROVE MIBITION HALL AND FURTHER WAIVING
THE USE FEE FOR SAID FACILITY.
(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
ADJOURNMENT
There being no further business to come before the City Commission, on
motion duly made and seconded, the meeting was adjourned at 7:40 P.M.
ATTEST: RALPH G. ONGIE
City Clerk
MATTY HIRAI
Assistant City Clerk
ld
MAURICE A. FERRE
Mayor
141 DEC 91982
1*F)Y OF lk"."AAMI
III
7 T�-jr- 4 V i
7,
MEETING DATE:
December 9, 1982
M
ITEM NO DOCUMENT IDENTIFICATION COMMISSION RETRIEVAL
ACTION CODE N0.
1
3
4
5
RESOLUTION CONCERNING SECURITY DEPOSITS ON RENTAL
PROPERTY
RESOLUTION OF CONDOLENCES TO THE FAMILY OF D.E.A.
AGENT ARTEL. RIOS.
AUTHORIZE PROFESSIO'•IAL SI:RVTCES AGREEMENT "ARMAC"
FOR DEPARTMENT OP COMPUl'ERS,
APPROVE EXPANSION OF CITY STNCLE.. PAMTLY RESIDENTIAL
REHABILTT'ATION LOAN PROGRAM.
131D ACCEPTANCE: SOUT1'.ERN: ATHLETICS AND FITNESS
EQUIPMENT INC.
INSTITUTIONAL SALES CORPORATION
UNIVERSAL GYM FOR EOl'IPMEINT FOR THE DEPARTMENT
OF FTRF., RESCUE AND INSPECTION; SERVICES,
1311) ACCEPTANC1: ANTHONY ABRAIIAM CHEt'RULI:T, INC, FOR
1983 VAN FOR DEPAR"I'll-N"i 01' FIRE, RESCUE AND INSPECTION
SERVICES.
BID ACCEPTANCE ENFIELDS MIAMI PHOTO, I•NIC. FOR
MICROVI II 1 READER-PRI N TFR FOR DEPARTMENT 017 FIRE,
RESCI'E AND INSPECTION SERVICES.
h'D ACCEPTANCE: DIETCRAFT, INC. FOR P;RE-SCHOOL
FOOII PROGiW! FOR DEPARTMENT OF RECREATION,
RID ACCEPTANCE: TARGET TRAILER, INC, FOR T1;O
MACHINERY TRAILERS FOR DEPARTMENT OF BUILDING
AND VEIITCIA: MAINTENANCE.
BID ACCEPTANCE: MI M CAL CO*tNA'ti I CATT ONS W)
INSTRUMENTATIONS, INC. FOR ONE MEDTCAL
COMMUNICATIONS AND T FLEMETRY CONSOLE FOR
DEPARTMENT OF BUILDING AND VETIICLE MAINTENANCE.
AUTHORIZING SALE: DISPOSAL by SALE Ol' 'THREE MOTOR
VEHICLES TO Pl'ERTO PLATA, DOMINICAN REPUBLIC.
WAIVE BID ItI;OI'IR1:"11:\TS: AUT110RT' F PURCHASE OF
MATCHER SUBSYSTEM FOR AUTOMATED FINGERPRINT
SYSTEM FROM PRINTRAK, INC.
BID ACCF.PT'ANCE: J111.ES BROTHERS UNIFORMS, INC, FOR
I'NIFORMS FOR DEPARTMENT OF POLICE.
fill) ACCEPTANCE DIVERS DEN SOUTH FOR WETSUITS AND
BOOTS FOR DEPARTMENT 017 POLICE.
fill) ACCEPTANCE: BUFFALO ROCK SHOOTERS, OAKS I%'HOLESALE
DISTRIBUTORS AND SOUTHERN GUN DISTRIBUTORS FOP,
AMMUNITION FOR TI-11: DEPARTMENT OF'POLICE.
R-82-1081
R-82-1082
R-82-1087
R-82-1089
It-82-1090
R-82-1091
R-82-1092
R-82-1093
R-82-1094
R-82-1095
R-82-1096
R-82-1097
R-82-1098
R-82-1099
R-82-1100
82-1081
82-1082
82-1.087
82-1089
82-1090
82-1091
82-1092
82-1093
82-1094
82-109 5
82-1096
82-1097
82-1098
82-1099
82-1100
N DEX
ITEM NO.
DOCUMENT IDENTIFICATION
UUI" MIZZ1Un
ACTION
MQfMIcvHL..
CODE NO,
17
BID ACCEPTANCE: THOPVIS MAINTENANCE SERVICES, INC. FOR
CUSTODIAL. AND AtATNTENANCE SERVTCES TO OFFTCI: OF
AUDITORILTNMS
R-82-1101
82-1101.
18
BID ACCEPTANCE: EAST1,1AN KODAK COMPANY AND ENFIELD 3M
BUSINESS PRODUCTS FOR MICROFILM EQUIPMENT FOR OFFICE
OF PENSIONS.
R-82-1102
82-11.02
19
BID ACCEPTANCE: PIIRIAM V. MORALES, ?1.D. FOR RADIOLOGY
SERVTCES FOR DEPARTMENT OF HIT'IAN RF.SOIIRCES.
82-1103
82-1103
20
BID ACCEPTANCE: FRAIN SERVICES OF FLORIDA FOR SECURITY
GUARD SFRVICI:S FOR OFFT.CE OF STADIUMS
R-82-1104
82-1104
21
BID ACCEPTANCE: QUALITY CHEMICAL COMPANY FOR THR('.E
FLOOR SCRUBBERS TO DEPAR TMENI. OF CONFI"R1:NCES AND
CONVENTIONS.
I1-82-1105
82-1105
22
I'll) ACCI:PTANCI:: DI`IENSIONS AND DESIGNS, INC. FOR SIN
LECTERNS TO m'IPART'11:NT OI' CONFERENCES AND
CONVENTIONS.
R-82-1106
82-1106
23
BID ACCEPTANCE: NATIONAL" LIFT TRUCK SI;R%'ICES FOR LIFT
TRUCE; AND BATTERY CILARTER FOR DFPARTMI:NT OF
CONFERFNCES AND CONVF.NT'IOC;S.
R-82-1107
82-1107
24
Al'T•IIORT7.E Pt'RCHA(;I7: PAN AMERICAN CONSTRUCTION
COMPANY TO SUPPLY 23,000 TONS. (1I' ASPHALTIC CONCRETE
TO I)EPART•MENT OF PUBLIC WORKS.
R-82-1108
82-1108
25
ORDERING LITTLE' RIVER HIGHWAY IMPROVEMENT 11-4482
AND DESIGNATING PROPERTY ASSESSMENTS.
R-82--109
82-11.09
26
AMEND RESOLUTION RE: CONSTRUCTION CRESTWOOD SANITARY
SEl•:ER T1IPROVI'"1I:NT AND REDUCING TOTAL. ASSESSMENT
COST.
R-82-111.0
82-1110
27
DIRI?CT CITY CLERK RE: NOTICE OF PUBLIC HEARING ON
ACCEPTANCE? OF CO?iP1.F.'f(:D CONS'1'Rl?CTION p1' %1NOR HIGlIWAY
IMPROVEMENT PHASE 1.
R-82-1111
82-1111
28
I'll) ACCEPTANCE: P.N.11, CORPORAT'TON. BUENA VISTA
HIGHWAY IMPROVEMENT. PRASE I-11-4475.
R-82-1112
82-1112
29
BID ACCEPTANCE: CONSTRIICT'TON CORPORATION
FOR REDEVELOPMENT OF CHARI.I?S 11AI)LEY PARK.
R-82-1113
82-111.3
30
AI''I'HOR1%I. INCREASE IN CONTRACT MET CONSTRUCTION
INC. FOR IIRANGF•, BOI,'I. CONSTRUCTION.
R-92-1114
82-1114
31
RESCIND RESOLUTION FOR CONSTRUCTION OF SIMON BOLIVAR
PLAZA.
R-82-1115
82-1115
i?
ACC I'PT COMPLET'I:D WORK: PRE CONSTRUCTION CO. FOR S.E.
4 'I'll STREET PAVING PRO.LECT.
R-82-1116
82-1116
ACCEPT C0"1111, 11:1) EdORI,: RI'SSFLL, INC. FOR MODEL.
CITIES (WDIUNI'I'1' I11'.VELOI'"1f:N 1' ST'REI?T IMPROVI.311 NT'S
(DRAINAGE)
R-82-1117
82-1117
DOCUMENTINDEX
ITEM NO.
DOCUMENT IDENTIFICATIONACTI
ON
CODE NO,
34
ACCEPT COMPLETED WORK: MORRiSON COMPANY FOR DORSEY
I
PARK DEVELOPMENT ANi) RENOVATTONS.
R-82-1118
82-1.118
35
RATIFYING, CONFIRM CITY MANAGER'S ACTION IN
EXECUTING AGREEMENT BETWEEN CITY OF MIAMI AND INTER-
AMERICAN TRANSPORT EQUIPMENT CO.
R-82-1119
82-1119
36
RATIFYING, CONFIRM CI'CN' 'MANAGER'S ACTION IN
EXECUTING AGREEMENT BETWEEN CITY OF MIAMT AND STATE
OF FLORIDA SALESMEN ASSOCIATION.
R-82-1120
82-1120
37
Al'THORI7.E TEMPORARY CLOSING OF STATE ROAf) 5, BI SCAYNE
BOULi:VARD FOR THE GRAND PRIX ALTO RACE.
R-82-1121
82-1121
38
ALLOCATE $1.24,828 TO F1'ND DEFICIT IN GASMAN HALT.
-OLYMPIA BUILDING ENTERPRISES FUND.
R-82-1122
82-1.122
39
AUTHORIZE PROFPSSiONAL SHVICES AGREE�tENT f:.H.
FRIEND AND COMPANY F0R EXPERT ASSTS-FANC17 IN PENSION
�L,%T 'ERS.
R-82-1123
82-1123
40
A["I'HURI'!.E LEASE. AGREEMENT: COCONUT CROP'(: FA?iILY
CLINIC FOR OPERATION OI. 'MEDICAL CLINIC iN
ELIZABETH VIRRT(I: PARK.
R-82-1124
82-1124
41
AUTHORIZE AGREEMEINT: CONTINUED OPERATION OF AFRICAN
SOUARF i'ARK.
R-82-1125
82-1125
42
AUTHORI7.E AGREEMENT: UNIVERSITY OF "iTANI EMERGENCY
?IEDICAI. SERVICES I'R(1VID1,I) BY THE RESCUE DIVISION
-FIRE, DEPARTMENT-
R-82-1.126
82-1126
43
AUTHORIZE AGREEMENT: SENIOR CO^1'11TNITY SERVICE
EMPLOYMENT PROGRAM AND NATTONAL ASSOCTATTON FOR
HISPANIC ELDERLY.
R-82-11.27
82-1127
44
AUTIMI7.E EXTENSION OF AGRFEMENT': LAIC FIRM OF ARNOLD
AND PORTER -CABLE T.V.
R-82-1128
82-1128
4�i
CLAIM AND SARAH GONZAI.EZ.
R-82-1129
82-1129
40
CLAIM SETTL1:MENT: 'AARTLYN LIFSET.
R-82-1130
82-11.30
47
CONFIRM ASSI:SS!lFN'I' ROLE,: COCONUT GROVE BUSINESS AREA
HIGHWAY IMPROVEMENT 11-4408.
R-82-1132
82-1132
48
CONFIRM ORDERING RES0I.11TION:KINLOCI1 SANITARY
SEI:I:R I^1PltOV1:MI:N'i' SR-5'{85-C.
R-82-1133
82-1133
49
CONFIRM ORDF.RINC RESOLUTION: KINLOCH SANITARY
Sm-,,H i.kill ROVF.MENT SR-5485-S.
R-82-1134
82-1134
CON'FIRM REAPPOIN11HENT Of-' DIANNE SAULNEY TO THE
()IT -STREET PARKING BOARD.
R-82-1135
82-1135
w
ITEM NO.
DOCUMENT IDENTIFICATION
....., .• I _ _•.
51
CONFIRM REAPPOINTMENT OF II. GORDON 1.11'1.T,I1, TO THE
OFF-STREET PARKING BOARD.
R-82-1-1.36
82-1136
52
CONFIR,I1 NOMINATION OF LESLIE PANTIN, SR. TO SERVE
AS A 1*1EMBER OF THE OFF-STREET PARKIN(; BOARD.
R-82-1137
82-1137
53
APPROVE RECO111DIENDATION OF FIRDI NUMBER ONE AS
SUBMITTED BY THE ADMINISTRATION FOR RENOVATION
OF BUILDING "A" OF THE MNUEL ARTIME CO,i`tUNT`I'Y CENTER.
R-82-1140
82-1140
54
AUTHORIZE AGREEMENTS WITH SCHOOL BOARD FOR VOCATIONAL
JOB TRAINING SERVICES AT PUBLIC; SCHOOLS.
R-82-1141
82-1141
55
AUTHORIZE AGREEMENT SYNTERRA VIRGINIA KEY RESOURCE'S
AGREEMYN'T 17OR ENGIN[:ERING SFRV10ES.
R-82-1142
82-1142
56
APPROVE. ?tIAMI CAPITAL TMPROVEME.NT PROGRAM FROM 1982
TO 1988.
R-82-1144
82-1.144
57
RATIFY, APPROVE, AND CO?;FTRM AGREEMENT: RICHARD
B. IIORROW, INTERIM CONSULTING SERVICE'S RE:
ONE CENT SALES TAX ISSUE.
R-82-1146
82-1146
58
INFORM METRO THAT F.E INTEND TO TARE CREDIT FOR PAST
CONTRIBUTIONS FOR LAND FOR METRORAIL PRIOR
TO TRANSFER REQUESTED ON THIS AGENDA.
M-82-1145
82-1145
59
APPOINT REVEREDN ITM MrCARTN17Y AS REPRESENTATIVE
OF BISCAYNE COLLEGE ON MIAMI CABLE ACCESS CORPORATION
BOARD OF DIRECTORS,
R-82-1.147
82-1147
60
AUTHORIZE LEASE OF PHOTOCOPTER EQUIPMENT FOR Till:
LAV DEPARTT•tI:NT.
R-82-1148
82-1148
61
FORMALIZING RESOLUTION APPOINTING NINE PERSONS
To THE C01,11 UNITY DEVELOPMENT ADVTSORY BOARDS.
R-82-1149
82-1149
62
FORMALIZ.ING RESOLUTION ALLOCATION 0I' FUNDS FOR
CHRISTMAS PARTY FOR LI'I"ALE HAVANA COMMUNITY CENTER
TO B17 HELD AT COCONUT GROVE EXHIBITION CENTER.
R-82-1152
82-1152