HomeMy WebLinkAboutCC 1982-05-27 MinutesCITY OF MIAMI
lw _
OF MEETING HELD ON MAY 27, 1982
(REGULAR)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY H AL L
RALPH G.. ONGIE
CITY CLERK
1NO
ct4iSTIaNiaF, &DA
1� �• REGULAR - P & Z SLBM MAY 27, 1982 I KESOLLMON NO PAGE NO.
1
RESCHEDULING OF PUBLIC HEARING IN CONNECTION WITH
PROPOSED DEMOLITION OF LIBRARY AT BAYFRONT PARK
M-82-431
1-2
2
AUTHORIZE CITY MANAGER TO NEGOTIATE A TEMPORARY
EMERGENCY USE AGREEMENT WITH "CENTRO HISPANO"
(CATHOLIC SERVICE BUREAU) FOR USE OF FIRE
STATION NO. 14
M-82-432
2-7
3
GRANT REQUEST FOR EXTRA FUNDS MADE BY LATIN AMERICAN
CHAMBER OF COMMERCE($125,000) FOR "THE
HEMISPHERIC CONGRESS".
M-82-433
7-9
4
ACCEPT PROPOSED DESIGN OF THE F.E.C. INTERIM PARKING
LOT PROJECT. AUTHORIZE OFF-STREET PARKING AUTHORITY
TO SEEK BIDS RECONSTRUCTION.
M-82-434
9-10
5
FIRST READING ORDINANCE: AMEND SECS. 35-91, 35-92 and
35-93 ESTABLISHING -RATES AT CERTAIN OFF-STREET
PARKING METERS; OFF-STREET LOTS; AND MUNICIPAL
PARKING GARAGES.
FIRST READING
10-11
6
EXECUTE LEASE AGREEMENT WITH DEPARTMENT OF OFF-
STREET PARKING FOR LEASE OF SPACE AT THE OLYMPIA
BUILDING.
R-82-435
11
7
POSTPONE CONSTRUCTION OF WEST COURTYARD ROOF AT
COCONUT GROVE EXHIBITION HALL AND INSTALLATION OF
A TENT TO ACCOMODATE A.S.T.A. CONVENTION.
M-82-436
12-16
8
COMMISSION EXPRESSION OF SUPPORT ON BAHALF
OF "1990-92 WORLD'S FAIR/EXPO 92", STIPULATION THAT IF
MIAMI WERE CHOOSEN AS THE SITE, CITY WOULD ALLOW
USE OF VIRGINIA KEY.
M-82-437
16-18
8.1
CITY COMMISSION REQUESTS THE ORGANIZATION OF AIMEhICAN
STATES (O.A.S.) THAT THEY FIRMLY BECOME THE PRIMARY
OFFICIAL SPONSOR OF THE 1991-92 WORLD'S FAIR/EXPO
92" THAT IT MAY TRULY BECOME AN INTER-AMERICAN
WORLD'S FAIR.
M-82-438
19-20
9
AUTHORIZE CITY MANAGER TO REIMBURSE "JUNTA PATRIOTICA
CUBANA" FOR EXPENSES INCURRED IN CONNECTION WITH
CONFERENCE HELD AT THE LITTLE HAVANA COMMUNITY CENTER.
M-82-439
21
10
AUTHORIZE CITY MANAGER TO DRAFT AMENDMENTS TO
EXISTING CHARTER SECTIONS IN ORDER TO PROVIDE FOR
MORE MODERN PROCURMIENT PROCEDURES FOR THE CITY.
R-82-440
22-26
11
CITY COMMISSION DIRECTS ADMINISTRATION NOT TO CUT
ANY SERVICES RENDERED AT MOORE PARK OR ANY OTHER
INNER CITY PARK; CALLING FOR FULL RESTORATION
OF SERVICES AND AUTHORIZING EXPENDITURE OF
$100,000 TO FULLY IMPLEMENT RECREATIONAL PROGRAMS.
M-82-441
27-28
12
APPOINTMENTS TO THE CHARTER REVIEW BOARD.
DISCUSSION
29
12.1
COMMISSIONER COMPLIMENTS CITY MANAGER UPON
UPGRADING OF FIRE DEPARTMENT EMPLOYEE
DISCUSSION
29
`i
IID1 FD,
13
14
14.1
14.2
15.
16
17.1
17.2
18.2
18.3
18.4
18.5
18.6
18.7
III
V ����► 1 1�' 1� i�,V� 11� i�
REGULAR-P 6 Z SI, cT MAY 27, 1982
APPOINT MR. JUVENAL PINA AS CITY REPRESENTATIVE TO THE
SOUTH-FLORIDA SPORTS AUTHORITY.
INSTRUCT CITY MANAGER TO INFORM CHIEF OF POLICE
THAT CITY COMMISSION IS AGAINST ROAD BLOCKS ANYWHERE
IN THIS CITY EXCEPT UNDER EMERGENCY SITUATIONS.
CREATE TRI-ETHNIC COMMITTEE TO EXPLORE ALTERNATIVE
METHODS RE: THE PROPER INSPECTION OF VEHICLES/
COMMITTEE APPOINTED BY THE MAYOR.
MAYOR FERRE APPOINTS MEMBERS TO THE TRI-ETHNIC
COMMITTEE FOR INSPECTION OF VEHICLES.
CITY COMMISSION CONTRATULATES CITY MANAGER ON BIRTH
OF NEW SON.
DISCUSSION IN CONNECTION WITH ALLEDGED
DISCRIMINATORY PRACTICES WITHIN THE POLICE
DEPARTMENT.
REQUIRE ALL PARTIES MAKING FORMAL -REQUESTS BEFORE THE
COMMISSION TO FIRST MAKE FULL DISCLOSURE IN WRITING
OF ALL PARTIES HAVING A FINANCIAL INTEREST IN SAID
APPLICATION
FIRST AND SECOND READING ORDINANCE: AMEND CHAPTER 2,
SEC. 2-308-PROVIDING FOR FULL DISCLOSURE IN WRITING
BY ALL PARTIES MAKING PRESENTATIONS BEFORE THE CITY
COMMISSION ON ANY OUTSIDE FINANCIAL INTEREST IN
SUBJECT MATTER.
CONSENT AGENDA
ALLOCATE $31,000 TO ALLAPATTAH MERCHANTS ASSOCIATION
IN CONNECTION WITH THE SPONSORING OF "COMMERCIAL
FACADE TREATMENT PROGRAM"
DESIGNATING TIE LITTLE HAVANA COMMUNITY CENTER AS A
CATEGORY B PROJECT.
ENTER INTO AN AGREEMENT WITH TILLINGHAST, NELSON &
WARREN IN C^NNECTION WITH ACTUARIAL SERVICES REQUIRED
BY THE GENERAL EMPLOYEES' RETIREMENT SYSTEM.
EXECUTE AGREEMENT WITH MEDICAL ARTS TRAINING CENTER,
INC. FOR COORDINATION OF SERVICES RE: AN EMERGENCY
MEDICAL TECHNICIAN/PARAMEDIC TRAINING PROGRAM.
AUTHORIZE ISSUANCE OF WASTE COLLECTION LICENSES TO
(A) ALL FLORIDA SANITATION INC.
(B) DAN GALASSO WASTE SERVICE INC.
(C) LA FE TRASH AND WASTE SERVICE
AUTHORIZE PAYMENT OF $50,000 TO BROWN, WOOD, IVEY,
MITCHELL AND PETTY FOR LEGAL SERVICES RE: SALE OF
$10,400,000 OF GOVERNMENT CENTER PARKING GARAGE
REVENUE BONDS.
WAIVE DEED RESTORATION FOR MARINE RELATED USES IN
CONNECTION WITH SUBMERGED LAND LEASE FOR DESIGNATION
LAND TO CORAL REEF YACHT CLUB INC.
PAGE # 2
OR
KESOLUT ON NO, IPAGE N0.
R-82-442
M-82-44 3
M-82-444
DISCUSSION
DISCUSSION
DISCUSSION
R-82-445
ORD. 9419
R-82-446
R-82-447
R-82-448
R-82-449
R-82-450
R-82-451
R-82-452
1 29-31
1 32-38
39-40
40-41
41-42
1 42-56
1 56-59
59-61
61
61
61
62
1 62
1 62
1 62
IldF7(
C4WIS](NTi1AFFLARID4
77, REGULAR-P 6 Z RRECT MAY 27, 1982
PAGE # 3
RESOLUT oN�t o, PAGE NO,
18.8
REQUEST HONORABLE ROBERT GRAHAM, GOVERNOR OF THE STATE
OF FLORIDA, TO INSURE THAT THE DEPARTMENT OF LABOR USE
FOOD STAMP DATA TO INCREASE THE OFFICIAL UNEMPLOYMENT
RATE WHICH WOULD SHOW REFUGEE IMPACT ON STATE
UNEMPLOYMENT
R-82-453
63
18.9
EXECUTE AMENDED AGREEMENT WITH LITTLE HAVANA DEVELOP
AUTHORITY (LHDA) FOR PROFESSIONAL SERVICES RE:
DEVELOPMENT OF A "LATIN QUARTER" IN THE CITY OF MIAMI
R-82-454
63
18.10
GRANT DADE COUNTY QUIT CLAIM DEED ON CITY PROPERTY
FOR HIGHWAY PURPOSES AT N.W. 2ND STREET AND N.W.
3RD AVENUE
R-82-455
63
19
PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS
DISCUSSION
64
20
SECOND READING ORDINANCE: APPLICATION BY A 3 A GLASS
AND MIRROR, INC.-CHANGE ZONING OF 2784 S.W. 7 STREET FIDM
R-2 TO C-4
ORD. 9420
64-66
21
BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED
SECONE READING ORDINANCE RE: "SPD-5 HERITAGE
CONSERVATION RESIDENTIAL -OFFICE SPACE OVERLAY DISTRICT'
AFTER SPD-4 DESIGN PLAZ A OVERLAY DIST. (SEE LABEL
40).
DISCUSSION
67-68
22
FIRST READING ORDINANCE: APPLICATION BY INTER-AMERICAN
BRICKELL ASSOC. CHANGE ZONING AT 181-189 S.E. 14th
LANE AND 180-189 S.E. 14th TERRACE FROM R-5 TO R-CP.
FIRST READING
68-69
23
FIRST AND SECOND READING ORDINANCE: CHANGE ZONING
AT APPROXIMATELY 701-999 N.W. 22ND STREET FROM
1-1 TO G-U.
ORD. 9421
69-71
24
APPROVE CONSTRUCTION AND OPERATION AT "SOUTH FLORIDA
EVALUATION AND TREATMENT CENTER"-AGU-AT
APPROXIMATELY 701-999 N.W. 22ND STREET
R-82-456
72
25
AUTHORIZE CITY MANAGER TO EXECUTE AND DELIVER A DEED
TO STATE OF FLORIDA TRANSFERRING OWNERSHIP OF THE
FORMER SEABOARD RAILROAD TERMINAL PROPERTY AT
2200 N.W. 7TH AVENUE (FOR A FORENSIC HOSPITAL
FACILITY).
R-82-457
73-74
26
ACCEPT PLAT: "PAGE GREEN" - LOCATED ON N.W. 23rd
STREET BETWEEN N.W. 7TH AND 8TH AVENUE.
R-82-458
74
27
FIRST READING ORDINANCE: CHANGE ZONING OF
APPROXIMATELY 6202 - 6398-BISCAYNE BOULEVARD FROM
R-C
FIRST READING
75
28
FIRST READING ORDINANCE: APPLY SPD-3 BISCAYNE BOULEV
NORTH. SPECIAL OVERLAY DIST. TO PROPERTY AT 6202-6398
BISCAYNE BOULEVARD.
FIRST READING
76
29
AMEND THE "BOARD OF MIAMI DEVELOPMENT ORDER, WHICH
WAS APPROVED BY RESOLUTION NO. 79-850.
R-82-459
77
30
GRANT THE "MIAMI HERALD PUBLICATION CO." THEIR
REQUEST FOR VARIANCES ON SETBACKS FROM CENTER LINE
OF STREET AND F.A.R. ALLOW ADDITION TO EXISTING
BUILDING AT ONE HERALD PLAZA.
R-82-460
78-10:
� N N1
31
32
33
34
35
36
37
38
39
40
41
41.1
42
43
It�X
C14 SSIff FflAF&ID4 PAGE # 4
REGULAR- P & Z sma MAY 27, 1982
GRANT REQUEST BY MIAMI HERALD FOR A MODIFICATION OF
CITY CHARTER REQUIREMENT (SEC. 3(4)(b) CHAPTER 10847)
TO PERMIT CONSTRUCTION OF ADDITION OF EXISTING
BUILDING AT ONE HERALD PLAZA.
GRANT REQUEST BY ROBERT L. JOHNSTON OF A CONDITIONAL
USE TO PERMIT A "COMMUNITY BASED RESIDENCE
FACILITY".
APPROVE "WORLD TRADE CENTER" DEVELOPMENT ORDER, A (DRI{
TO BE LOCATED IN DOWNTOWN MIAMI PER FLORIDA STATE
STATUTE, CHAPTER 380.06.
VACATE AND CLOSE N.E. 4TH STREET, BETWEEN N.E.
1ST AND N.E. 2ND AVENUES RE: 'TENTATIVE PLAT #1071.
DISCUSSION AND DEFERRAL OF CONSIDERATION OF AN APPEAL
BY SUNSET VILLAS CONDOMINIUM ASSOCIATION -PHASE III -A
INC." RE: CONSTRUCTION OF APARTMENT PROJECT
(JACARAL BAY CLUB) AT 4865 N.W. 7TH STREET.
RESTRICT ENCROACHMENT UPON EXISTING BOAT PIT AREA AT
MARINE STADIUM SUBJECT TO CERTAIN PROVISIONS, ETC.
BRIEF COMMENTS RE: "CHANPION SPARK PLUG UNLIMITTED
REGATTA".
APPLICATION BY LUIS PRIETO/CONCEPCION MUNOZ FOR ONE
YEAR EXTENSION OF VARIANCES AT APPROXIMATELY 3044
MATILDA.
RATIFY CONDITIONAL USE TO PERMIT A DRIVE-IN TELLER
FACILITY AT 501-599 S.W. 27TH AVENUE (ROYAL TRUST
BANK CORPORATION).
(CONTINUED DISCUSSION): SECOND READING ORDINANCE -
ADD "SPD-5 HERITAGE CONSERVATION, RESIDENTIAL -OFFICE
SPECIAL OVERLAY DISTRICT" AFTER "SPD-4 DESIGN PLAZA
OVERLAY DISTRICT" (SEE LABEL 21).
SECOND READING ORDINANCE: ADD NEW ARTICLE XX1-7
"SPD-5 HERITAGE CONSERVATION: RESIDENTIAL OFFICE
SPECIAL OVERLAY DISTRICT", PROVIDING FOR INTENT,
USE REGULATIONS, ETC.
BRIEF DISCUSSION ITEM IN CONNECTION WITH THE
APPROPRIATE PLACING OF PUBLIC NOTICES IN CONNECTION
WITH ZONING MATTERS.
SECOND READING ORDINANCE: APPLY SPD-5 HERITAGE
CONSERVATION: RESIDENTIAL -OFFICE SPECIAL OVERLAY
DISTRICT TO 'PETIT DUOY (1500 BRICKELL AVENUE)
AND THE "WARNER HOUSE" (AT 111 S.W. 5TH AVENUE).
APPROVE PROPOSED CHANGES TO R.F.P.'s RE:
LEASING OF LAND AT VIRGINIA KEY, SUBJECT TO
APPROVAL BY LAW DEPARTMENT AND STIPULATING MINIMUM
ACCEPTABLE BID.
RESOLUTiNANay�o, I PAGE N0,
R-82-461
R-82-462
R-82-463
R-82-464
DISCUSSION
R-82-465
DISCUSSION
R-82-466
R-82-467
ORD. 9422
ORD. 9423
DISCUSSION
ORD. 9424
M-82-468
104-105
106-110
110-116
117-118
118-121
121-122
122-123
123
124-12E
126-12E
128-133
131
131-13
132-14
•
.1
.! NO
:l
45
46
47
48
49
50
51
52
53
54
55
56
'I?w
A'PSTIff FfAFFl.ORID4
REGULAR — P 6 2 SLBM (MAY 27, 1982)
GRANT ONE YEAR EXTENSION OF VARIANCES ON REQUIRED
SIDE AND REAR YEARD SETBACK AT 315-317 N.W. 43RD
AVENUE; AS REQUIRED BY MR. AND MRS. R. TEDONE.
ADD "SPD-6" COCONUT GROVE RAPID TRANSIT DISTRICT
AFTER "SPD-5" TO ARTICLE III, ADD NEW "ARTICLE
XXI-7 COCONUT GROVE RAPID TRANSIT DISTRICT
(SPD-6), FURTHER PROVIDING FOR INTENT; ETC.
CONTINUE TO GRANT, AFTER REVIEW, CONDITIONAL USE TO
PERMIT DRIVE IN TELLER FACILITY AT 100 N.W. 12TH
AVENUE, SUBJECT TO SIX MONTH REVIEW (APPLICANT"SUN
BANK OF MIAMI) .
BRIEF DISCUSSION AND DEFERRAL OF CONSIDERATION OF:
AGENDA ITEM 17: "APPLICATION BY METRO DADE FOR
VACATING/CLOSURE OF TWO PUBLIC ALLEYS IN CONNECTION WIT
TENTATIVE PLAT #1154 "SANTA CLARA STATION" AND
AGENDA ITEM 18 "APPLICATION BY METRO DADE FOR VACATE/
CLOSURE CERTAIN STREETS IN CONNECTION WITH TENTATIVE
PLAT #1155."VISCAYA STATION".
BRIEF DISCUSSION RE: DEVELOPMENT OF VIRGINIA KEY PARK.
SECOND READING ORDINANCE: AMEND 6871, ARTICLE IV,
GENERAL PROVISIONS —PROVIDE NEW SECTION 46—"HERITAGE
CONSERVATION, HC. ZONING DISTRICTS.
SECOND READING ORDINANCE: AMEND CHAPTER 62—
ADD NEW ARTICLE VII, HERITAGE CONSERVATION BOARD.
SECOND READING ORDINANCE: AMEND CODE CHAPTER 17
"ENVIROMENTAL PRESERVATION" —DELETE 17-4 (ENVIROMENTAL
PRESERVATION REVIEW BOARD) AND SUBSTITUTE "HERITAGE
CONSERVATION BOARD" ETC.,
VACATE/CLOSE S.W. SOUTH RIVERDRIVE BETWEEN S.W. 2ND
AND 4TH STREETS (TENTATIVE PLAT #1091 "JOSE MARTI
PARK") .
APPOINTMENTS TO ENVIROMENT AL PRESERVATION REVIEW
BOARD: HENRY Co ALEXANDER. DAVID M. SCULLY,
LUIS A. FORS.
SECOND READING ORDINANCE: AMEND 6871—ARTICLE XXX,
AMENDMENTS, SECTION 14(1) AND 15(1) RE: TIME —
LIMITATIONS OF REZONING APPLICATION.
AUTHORIZE CITY MANAGER TO EXPEND AN ADDITIONAL
$151,000 TO COVER COST OF INSURANCE PREMIUMS FOR
RETIREES 65 YEARS OF AGE AND OLDER.
DISCUSSION RE: PROPOSED AMENDMENT TO CODE SECTION
62-52 ("REMOVAL"). RE: EXERCISE BY PLANNING AND
ZONING BOARDS OF THE POWER TO REMOVE BOARD MEMBERS
FOR NON ATTENDANCE TO BOARD MEETINGS.
PAGE # 5
OR
e
sow ION No. F -
C
i
R-82-469
FIRST READING
R-82-470
DISCUSSION
DISCUSSION
ORD. 9425
ORD. 9426
ORD.9427
R-82-471
R-82-472
ORD. 9428
M-82-473
DISCUSSION
14 3-144
144-146
146
147-148
148
149
1 149-150
1 150-152
1 152-155
1 156
1 157-174
1 177-181
.1im
ANATICHRAF6RID4
REGULAR- P & Z S.LECr MAY 27, 1982
PAGE # 6
ORDINANCE
KESowriay�it o. PAGE NO$
57
BRIEF DISCUSSION ITEM: REQUEST BY JAMES L. WILLIAMS
FOR A BUILDING PERMIT.
DISCUSSION
58.1
STIPULATING THAT ALL PERSONS APPEARING BEFORE THE
COMMISSION ON ZONING MATTERS BE PLACED UNDER OATH
-BEFORE ADDRESSING THE COMMISSION.
M-82-474
58.2
SECOND READING ORDINANCE: AMEND 6871-ARTICLE XXXII
-CONDITIONAL USE -SECTION 4-APPEALS FROM DECISSIONS
OF ZONING BOARD, PARAGRAPH (27-PROVIDE THAT AGGRIEVED
PERSONS MAY SEEK RECOURSE TO THE COURTS BY FILING
FOR "WRIT OF CERTIORATI".
ORD. 9429
59
SECOND READING ORDINANCE: AMEND 6871-ARTICLE XXXI-
VARIANCES, SECTION 6-APPEALS FROM DECISIONS OF
ZONING BOARD, PARAGRAPH (2)-PROVIDE THAT AGGRIEVED
PERSONS MAY SEEK RECOURSE TO THE COURTS BY FILING FOR
"WRIT OF CERTIORARI"
ORD. 9430
60
DISCUSSION AND DEFERRAL OF AGENDA ITEMS 26(a) ABD
26(b) OF THE HEREIN AGENDA.ISSUE REFERRED TO
WATERFRONT BOARD FOR RECOMMENDATION.
M-82-475
61
EMERGENCY ORDINANCE: AMEND 1 OF 9353-INCREASE
APPROPRIATIONS FOR THE CITY OF MIAMI/UNIVERSITY OF '
MIAMI/JAMES L. KNIGHT INTERNATIONAL CENTER BY
$5,250,000-CLAIM SETTLEMENT WITH CITY OF MIAMI
CENTER ASSOCIATES.
ORD.9431
62
EMERGENCY ORDINANCE: AMEND 1 AND 5 OF 9321-
INCREASE APPROPRIATION FOR GENERAL FUND BY $12,000 FOR
MAYOR'S OFFICE (ADDITION OF ONE ADMINISTRATIVE
ASSISTANT).
ORD. 9432
63
CLAIM SETTLEMENT: RAFAEL ALFONSO, BLUE CROSS/
BLUE SHIELD AND JACKSON MEMORIAL HOSPITAL
($50,000.00).
R-82-476
64
CLAIM SETTLEMENT: ROGER NEIDER, GAIL NEIDER, MARTIN
AND JOHN MARTIN ($10,000.00).
R-82-477
65
CLAIM SETTLEMENT: RINKER MATERIALS COMPANY
($11,000.00).
R-82-478
66
CLAIM SETTLEMENT: ORIENTE URQUIOLA ($8,000.00).
R-82-479
67
CLAIM SETTLEMENT: WOODROW B. HAGAN ($7,432.00).
R-82-480
68
CLAIM SETTLEMENT: HELEN AND DAVID EBENST BIN
($10,000.00)
R-82-481
69
NOTE FOR THE RECORD: AT THIS POINT, AGENDA ITEMS
63 AND 64 WERE BRIEFLY DISCUSSED AND DEFERRED.
DISCUSSION
70
AUTHORIZE INSTALLATION OF PROTECTIVE FENCING AND POSTS
IN UPPER DECK, AND REPLACEMENT OF DETERIORATED
BLEACHERS IN WEST END ZONE OF ORANGE BOWL STADIUM.
R-82-482
.x 110 0
r -
i ND,
71
e
}
72
73
74
75
76
77
77.1
78
79
80
81
It�.x
CI�'PPAGE # 7
t
MAY 2 9
REGULAR - P & Z S.�C7, 1 82
OMI NANCE
R�sourrloN�! o,
L
PAVE NO. if
_
URGENCY ORDINANCE: AMEND 1 OF 9353 - INCREASE
kPPROPRLATIONS IN "ENTERPRISE FUND -ORANGE BOWL
STADIUM 22 RESORT TAX" BY $250,000 FOR PROTECTIVE
FENCING FOR NEW BLEACHERS AT ORANGE BOWL STADIUM
ORD. 9433 204-205
kCCEPT BID: MET CONSTRUCTION INC. $30,000 ORANGE BOWL
STADIUM (WEST END BLEACHERS).
R-82-483 205-206
FIRST AND SECOND READING ORDINANCE: AMEND CODE SECTION
18-72 "MINORITY VENDOR PROCUREMENT PROGRAM" -AMEND SOME
DEFINITIONS FROM "CONTROLLED" AND "OWNED".
ORD. 9434 206-207
FIRST AND SECOND READING ORDINANCE: AMEND 1 OF 8719-
ES TABLISH NEW FUND: "MIAMI COMPRENHENSIVE NEIGHBORHOOD
PLAN UPDATE", AMEND "302-EDA PLANNING GRANT":ESTABLISH
4EW FUND: "METRORARIL STATION IMPLEMENTATION STUDIES
TECHNICAL SERVICES", ETC.
ORD. 9435 1207-208
FIRST AND SECOND READING ORDINANCE: AMEND 1 of 9353-
ESTABLISH ANTICIPATED URBAN MASS TRANSPORTATION
ADMINISTRATION (UMTA) GRANT FUND RE: "DOWNTOWN PEOPLE
MOVER" PROJECT TO PAY FOR SERVICES FRtTM PLANNING
DEPARTMENT.
ORD. 9436 208-209
FIRST READING ORDINANCE: REPEAL CODE SECTION 31-11
("FIVE DAY OCCUPATIONAL LICENSE IN CONJUNCTION WITH OPEN
AIR, OUTDOOR, CULTURAL, ART, FOLK OR STREET FESTIVALS")
AND SECTION 31-48/E: EXHIBITORS (b) ("LICENSE FEE
SCHEDULE"); AMEND SECTION 31-10 ("OCCUPATIONAL
LICENSE PREREQUISITE"); REQUIRE COMPLIANCE WITH CERTAIN
STANDARDS, ETC. (SEE LABEL 77.1).
FIRST READING 209-210
FIRST READING ORDINANCE: AMEND PARAGRAPH (7)
OF CODE SECTION 53-117-PROVIDE FOR FEE INCREASE
FOR USE OF BOAT HOIST AT MARINE STADIUM.
FIRST READING 210-211
CONTINUED DISCUSSION OF AGENDA ITEM 42. (SEE LABEL 76)
ISCUSSION 211
2ND. READING ORDINANCE: AMEND CODE SECTIONS 2-1719
2-172 AND 2-173-CHANGE NAME OF DEPARTMENT OF TRADE
AND COMMERCE DEVELOPMENT TO "DEPARTMENT OF
INTERNATIONAL TRADE PROMOTION",PRESCRIBE NEW
FUNCTIONS,ETC.
ORD. 9437 211-212
SECOND READING ORDINANCE: CREATE NEW DEPARTMENT:
"DEPARTMENT OF ECONOMIC DEVELOPMENT", PRESCRIBING
FUNCTIONS, ETC.
ORD. 9438 12-213
BRIEF DISCUSSION RE: LACK OF A HISPANIC ASSISTANT
CITY MANAGER
DISCUSSION 213
SECOND READING ORDINANCE: AN CODE SECTION 18-80-
ITY COMMISSION AFTER A FINDING TEAT A CITY OWNED
PROPERTY IS SURPLUS, MAY DICTATE SALE OF SAID SURPLUS
PROPERTY.
ORD. 9439 214-215
III
ANIST10FRAF&DA PAGE # 8
INANCE
jEM NO.
REGULAR - P 6 Z MAY 27, 1982
SI�ECT
sow�rioN�o.
PAGE N0,
82
AUTHORIZE PAYMENT TO BE14JAMIN H. TYRRELL OF
$63,437.69 FOR PRINTING SERVICES IN CONNECTION
WITH SALE OF $10,400,000 OF GOVERNMENT CENTER PARKING
GARAGE REVENUE BONDS.
R-82-484
215-216
83
FIRST READING ORDINANCE IN CONNECTION WITH USE OF
BARBED WIRE FENCING IN RESIDENTIAL AREAS.
FIRST READING
216-217
83.1
WITHDRAWAL OF THE SUPER BOWL PRESENTATION
DISCUSSION
217-218
84
CONTINUE SCHEDULED DISCUSSION RE:PROPOSED CHARTER
CHANGE FOR THE SEPTEMBER 1982 BALLOT.
DISCUSSION
218-219
`? 0 .0
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27th day of May, 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 9:04 A.M., by Mayor Maurice Ferre
with the -following members of the Commission found to be present:
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
ALSO PRESENT WERE:
Howard V. Gary, City Manager
George F. Knox, City Attorney
Matty Hirai, Assistant City Clerk
An invocation was delivered by Commissioner Dawkins, who then led those
present in a pledge of allegiance to the flag.
I. RESCHEDULING OF PUBLIC HEARING IN CONNECTION WITH PROPOSED
DEMOLITION OF LIBRARY AT BAYFRONT PARK.
Mayor Ferre: Good morning, ladies and gentlemen, this is a formal City
of Miami Commission meeting, supposedly on Planning and Zoning; but we
have some other issues that I think are going to come before us in the
pocket item portion in addition to which we agreed to extend the former
agenda on to this agenda. So there are some issues that are still pending
from the last agenda that we didn't get to cover on. The first one of which
was the question... we didn't formalize the change of meeting dates. Is
that right, Nestor? There was a problem on... Oh! The Public Hearing.
We talked about it, and we agreed but we need to do it in a formal motion.
What was the date that was chosen? July 22nd?
All right, we need now a motion, therefore, to have a Public Hearing
on the question of Bayfront Park and the library on July 22nd. Is there
a motion?
Mr. Plummer: What time? Can we do it at 2:00 o'clock in the afternoon?
Mayor Ferre: I don't remember when we agreed to do it.
Mr. Gary: Whatever time you decide.
Mr. Plummer: I move it starting at 2:00 o'clock in the afternoon.
Mayor Ferre: All right, is there a second?
Mr. Dawkins: I second.
Mayor Ferre: Further discussion? Call the roll.
01
MAY 2 7 19
t
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 82-431
A MOTION OF THE CITY COMMISSION RESCHEDULING A PUBLIC HEARING
PREVIOUSLY SCHEDULED FOR JUNE 17, 1982 IN CONNECTION WITH
THE BAYFRONT PARK REDEVELOPMENT PLAN AND TEH PROPOSED DE-
MOLITION OF THE PUBLIC LIBRARY TO NOW TAKE PLACE ON JULY
22, 1982.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice Ferre
NOES: None.
ABSENT: Vice Mayor Joe Carollo
2. AUTHORIZE CITY MANAGER TO NEGOTIATE A TEMPORARY EMERGENCY USE
AGREEMENT WITH "CENTRO HISPANO" (CATHOLIC SERVICE BUREAU) FOR
USE OF FIRE STATION NO. 14.
Mayor Ferre: Matty, was there any other procedural thing that we did not
last time that you needed clarified?
Mrs. Matty Hirai: No, sir.
Mayor Ferre: Was that the only one?
Mrs. Hirai: Yes, sir.
Mayor Ferre: O.K. We have some people that have come up and asked to be
heard on a special basis. Mrs. Corona is here with a group of distinguished
ladies. I don't know who the spokesman is going to be. I'll recognize you
at this time.
Mr. Plummer: What's the issue?
Mayor Ferre: Children, the Catholic Center, and Gesu Church.
Ms. Alice Abreu: Good morning. My name is Alice Abreu and I represent
Catholic Community Services, Centro Hispano Day Care, and the Auxiliary
Ladies of Centro Hispano. I am here in the name of all of us to request
your most favorable consideration in granting us the leasing of the fire
station located at 141 N.W. 27th Avenue, Miami, for carrying out the day
care program for Centro Hispano. Centro Hispano Day Care Program facilities
in downtown Miami is being demolished. An emergency situation, since the
building has to be vacated by the end of June... we are here requesting
your consideration and all your cooperation in granting us this most
urgent assistance at this time.
Mayor Ferre: Mr. Manager, about five months ago, we had a series of people
who wanted to take over some of these fire stations to use them. In this
particular fire station, as I recall, there were about three or four
different groups. One of them was the Brigade 2506, the other one was the
Puerto Rican Democratic Organization and the League of Puerto Rican Women,
and I forget who the others were. Now, what item on the agenda is that
today?
02 MAY 2 71982
Mr. Plummer: It's on the agenda, Mr. Mayor, the change is the wording of
the Code, which states: "....the Manager shall have the authority," and
it's proposed to change to: "....the Commission shall have the authority."
Mayor Ferre: Yes, but that doesn't solve the legal problem.
Mr. Plummer: Well, the legal problem can't be solved today until this item
passes on the agenda.
Mayor Ferre: Assuming it passes, that doesn't solve the legal problem. The
legal problem is: one, of the procedure of the disposition of surplus City
propertyr
Mr. Plummer: Yes.
Mayor Ferre: And as I recall, the legal problem... and stop me, Mr. Knox,
if I'm wrong... Number one, the property must be declared surplus.
Mr. Knox: Yes, sir.
Mayor Ferre: Secondly, it must be put out for a public bid.
Mr. Knox: Well, before that it has to be offered to either the School
Board or Metropolitan Dade County.
Mayor Ferre: To take it over.
Mr. Plummer: Governmental use.
Mr. Knox: Yes, sir.
Mayor Ferre: And then we have to put it out for bid, sale.
Mr. Knox: Yes, sir.
Mayor Ferre: And then, if all those things don't happen, then we can come
back and contract with an organization such as yours. The problem is, that
I'm afraid that if we follow the procedure the way it is. The School Board
or Dade County is going to take it over. Now, how can we deal with this
issue? Let me just, so that there is no question, and I'm sure all of you
may want to express your opinion on this. Let me say that I, for one, give
these ladies and gentlemen in the Catholic Bureau, total priority on that
property because they are dealing with children and they are dealing with
children that... and I want make sure so that it is clear on the record...
I am not against the Brigade. I think the Brigade is... and I'm sure you
are not against the Brigade, the ladies here...
Ms. Abreu: No, by all means, no.
Mayor Ferre: ....are not against the Brigade.
Mr. Carollo: (OFF MIKE) Just make sure we don't forget what we're talking
about, 2506...
Mayor Ferre: The 2506 Brigade is a source of great pride for the Cuban
community and I would say for all of us in this community. They have been
looking for a home. I understand that they are talking about having a fund
raiser to buy a private property, so they may not be a factor in all this;
but I have not heard that officially. I am not against the Brigade. I am
for the Brigade. But I do think that the need of these little children
really must take priority over anything. So that's where I am at.
Mr. Plummer: Mr. Mayor, let me... it has been indicated that you want this
on a temporary basis. I'm the Commissioner around here that says that nothing
is more final at City Hall than something temporary. How long is temporary?
Ms. Abreu: It's going to be very hard to say "temporary basis," a minimum
of one year.
Mr. Plummer: It's going to be very hard to vote on your project without
an answer.
1,
MAY 2 71982
q
Ms. Abreu: I would actually request... we have to make some remodeling
there in the bathrooms and we have to remodel all of the kitchen, so there
is an investment that is going to be made in the property... I would like
to say a minimum of one year. We could not move a program, serving 121
children and disrupt in the middle of the year. I has to be a minimum of
one year, no less than that.
Mayor Ferre: That's pretty temporary.
Mr. Plummer: Around here... Mr. Mayor, I don't think there is any question
that this Commission, under the police powers that we have as far as an
emergency► situation, would have any problem. I would have no problem with
a one year lease. The problem that I think has to be resolved is that I
very regretfully remember that the old fire station at Miami Avenue and
14th Street, when we gave that to Catholic Welfare Bureau, they accepted
it readily and thanked us very much and then gave us a bill for $250,000
to fix it up and bring it to Code.
Mayor Ferre: Let's move along. Make your point. Make your motion. Let's
move.
Mr. Plummer: Mr. Mayor, I make a motion, at this time, that the Manager
be instructed to sit down and negotiate a temporary lease with the full
understanding that it is in no way, indicating that they have any priorities
at the end of that year, and that they fully understand that any and all
alterations to that building shall be at their expense, and that be a one
school year contract, make it that way.
Mayor Ferre: Is there a second?
Mr. Perez: I second.
Mayor Ferre: All right, there is a second by Commissioner Perez, is there
any discussion?
Mr. Carollo: Mr. Mayor, can we go through the resolution that is before us
again. I want to make sure that they understand it and we all do.
Mr. Plummer: There is no resolution before us.
Mr. Carollo: What is the motion that you made?
Mr. Plummer: The motion is to send them to the Manager to negotiate a lease
for a one -school -year, and that any and all expense of fixing that place up
is at their expense, and that it is indicated that this one-year, temporary,
emergency lease is not giving them any edge for any further beyond the year.
Mr. Carollo: I would like to make a substitute motion, if I may.
Mayor Ferre: All right.
Mr. Carollo: In that substitute motion I would like to add two things to
the motion that was made previously. One is, that the Manager have this
done no later than by the end of the first week of June. I think that
gives him plenty of time to be able to negotiate with them. I am talking
by Friday, the 4th.
Mayor Ferre: Is that acceptable to the maker of the motion?
Mr. Plummer: Yes.
Mr. Carollo: Secondly of all, if at any time in the future, for any reason,
and mainly I am talking about legal reasons, we cannot proceed with the
request that is here before us, that they would have first priority in
negotiating any leases at any other sites that the City might have that
is convenient for those children.
Mayor Ferre: O.K.
Mr. Carollo: That is the....
04 MAY 2 71982
r
Mayor Ferre: That is the thrust of your motion, and you incorporate the
previous motion in it. Moved by Carollo, seconded by Plummer. Do you
have any problems with that?
Mr. Plummer: Not at all.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes.
Mr. Gary: Under discussion, I can make two points. First of all, I would
recommend that you not make it a lease, but a use agreement.
Mr. Plummer: Fine.
Mayor Ferre: O.K. Wait a minute, is the maker of the motion satisfied
with that?
Mr. Carollo: That's fine as a use agreement.
Mr. Gary: Secondly, we have a proposed settlement with the Union, with
regards to the Gates case pension negotiation which totals approximately
$30 million. One of the stipulations in that agreement says that Station
14 and Station 16 will be given to pension fund for administrative staff.
Mr. Plummer: Both?
Mr. Gary: Both. Now....
Mayor Ferre: Do they really need both?
Mr. Gary: Well, I have to sit down and....
Mr. Plummer: It's negotiated.
Mr. Gary: We've negotiated this....
Mayor Ferre: But that hasn't been finalized yet, because the Commission
has not voted on it.
Mr. Gary: No, it hasn't been finalized, but obviously, if I have an
opportunity to save the City $30 million for a facility, I would obviously
go with the facility.
Mayor Ferre: That's not the question. The question is whether or not
a final conclusion in this negotiation... whether or not that particular
problem can be solved.
Mr. Gary: I guess my solution ... my recommendation to you is not to put
a specific station in your motion, but put a fire station.
Mr. Carollo: Well, Howard, what I think the feeling of the Commission is
is that we'll cross that road when we need to, but in the mean time, let's
get moving with this, and when the time comes, we'll take that up then.
Ms. Abreu: Mayor.
Mayor Ferre: I don't think we can do that, Howard, I'll tell you. The
problem is that they can't accept... they can't put these 150 kids in
just any fire station. We have to be careful about that. I would much
rather, unless it's going to create problems in your negotiations...
if that's what you're telling me, I did not understand that ... then I
see your point, but that's not what you're telling me. Then I don't
think it makes any difference.
Mr. Dawkins: Did you say, Mr. Gary, that it had already been discussed
that in lieu of $30 million these two buildings would be provided, ar
are you saying that... I don't know, what are we saying?
a5 MAY 2 71982
'"N
Mayor Ferre: It's a lot more complicated, Mr. Gary, than two fire stations
and $30 million. This is a law suit that has been going on for five years
and has some of the biggest lawyers in this town fighting over it. And
you have not, as I understand it, from both the lawyers, the Union, and
the Law Department, we have not concluded that. There's been some nego—
tiations that bring us pretty close to conclusion....
Mr. Gary: That's correct.
Mayor Ferre: ....and you have not finalized yet.
Mr. Gary: That's correct.
Mayor Ferre: That is one out of twenty or thirty negotiating points, and
if you were to rate it from one to twenty, I'm sure it would not be in
the top ten, would it? But...
Mr. Dawkins: Hold it! Hold it!
Mr. Gary: From my point of view....
Mr. Dawkins: We wouldn't want to undercut the legs from under Mr. Gary
by limiting his options. Now, if we got up here now and say what we will
not stand for, when he goes to negotiate, then we've given the adversary,
I think, amunition, because we have limited him to what he can negotiate
with. Now, that's just my opinion.
Mayor Ferre: (OFF MIKE) Maybe you're right.
Mr. Plummer: Well, let me ask another question. Is there, Mr. Gary,
another facility available? What about Little Havana Activity Center.
Mr. Gary: No, that facility is completely full.
Mr. Plummer: Full of what?
Mr. Gary: Full of activities.
Mr. Plummer: What kind of activities.
Mr. Gary: Social service activities, sir.
Mr. Plummer: Whose social service?
Mr. Gary: Those that the City Commission supports.
Mayor Ferre: We have an awful lot of work to do today, and we're spinning
around a little bit. The question is....
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Carollo:'sadam Clerk, there is a motion and a second. If there is
no further discussion, like I don't hear any, can we have roll call please?
Mayor Ferre: Now, wait a minute! I have to do that, Joe, under the rules.
Excuse me, I don't mean to be rude to anybody here, but, you know, but a
$30 million law suit is a very important thing. We are in the middle of
negotiating this thing. It's one of the big plagues. If you look at the
accounting financial statements of the City of Miami, that's on page one
of things hanging over us, so, we all want to do this, but I don't want
to jeopardize any of this. Howard, I want, on the record, to make sure
that you say... I think that Miller has a very proper statement that he
made... Do you have any problems with the motion the way that it is now?
Mr. Plummer: He just stated that he did.
Mayor Ferre: He may restate it.
Mr. Plummer: Oh.
fin
MAY 2 71902
Mr. Gary: No, sir.
Mayor Ferre: Thank you very much. Call the roll.
Ms. Abreu: Mayor, respectfully, I would like to see if it is possible
on the motion made by Commissioner Plummer, instead of saying school year,
to put a regular year. A school year is 180 days, we need the 365 days,
please.
Mayor Ferre: Calendar year.
Mr. Plummer: Fine, calendar year, fine.
Mayor Ferre: All right, further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 82-432
A MOTION THAT, IN CONNECTION WITH A REQUEST MADE BY-CENTRO HISPANO"
(CATHOLIC SERVICE BUREAU) TO LEASE FIRE STATION No. 14, AT 141 N. W. 27 AVE.
IN ORDER TO CARRY ON A DAY CARE CENTER OPERATION, THE CITY MANAGER IS HEREBY
AUTHORIZED AND INSTRUCTED TO NEGOTIATE A TEMPORARY EMERGENCY USE AGREEMENT
FOR SAID PREMISES, FOR THE PERIOD OF ONE CALENDAR YEAR; AND FURTHER STIPULAT-
ING AS FOLLOWS:
1) NO EQUITY OR SPECIAL PRIVILEGES SHALL HAVE ACCRUED UNTO USER AT THE
END OF THE CALENDAR YEAR.
2) SHOULD THERE BE ANY ALTERATIONS TO BE MADE TO THE PREMISES, SUCH SHALL
BE SOLELY AT THE EXPENSE OF "CENTEO HISPANO";
3) NEGOTIATIONS IN CONNECTION WITH THE PROPOSED USE AGREEMENT SHALL HAVE
BEEN COMPLETED BY THE FIRST WEEK OF JUNE; AND
4) IF, AT ANY TIME IN THE FUTURE, FOR LEGAL REASONS OR OTHERWISE, SAID
PREMISES WOULD NO LONGER BE AVAILABLE THE CITY WOULD GIVE "CENTRO
HISPANO" FIRST PRIORITY TO NEGOTIATE A USE AGREEMENT AT AN ALTERNATE
SITE.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
3. GRANT REQUEST FOR EXTRA FUNDS MADE BY LATIN AMERICAN
CHAMBER OF CO10XRCE ($125,000) FOR "THE HEMISPHERIC
CONGRESS."
Mayor Ferre: All right, the next issue that we have is that the Latin
Chamber of Commerce has a request that they want to come... Captain
Alexander, would you explain to us what your request is?
Mr. Plummer: What item is this?
Mayor Ferre: They're all pocket items, J.L.
Captain Alexander: Mr. Mayor, Commissioners, as you well know, we Were
here before. We were granted through the City Manager, Mr. Gary, $103,000
they agreed to give us for our program to make the convention this year.
07 MAY 2 7 1982
Captain Alexander: (CONTINUED) We started our program, and we'd like to
see if the City Commission can agree to give us $22,000 more, all the
way to $130,000. The idea of the difference between what the City agreed
to give us to $130,000 is the implementation of the computer system to
allow us to really do the job that we plan to do.
Mayor Ferre: Captain Alexander, you know that we have a process here,
and that is that you must go through the Administration. I'm not about
to vote... as much as I like you and the Chamber of Commerce. We're not
going to you on a knee-jerk arbitrary operation basis. Have you talked
to the manager about this?
Captain Alexander: Yes.
Mayor Ferre: Does it have his concurrence?
Mr. Gary: No, sir. He talked to staff, Jim Reid. He did follow the right
process, Mr. Mayor. The issue is that when we recommended the funding we
recommended, which was accepted, funding which represents what they got
last year plus eleven percent adjustment on their salaries. What they
are now requesting is an additional, I think approximately $22,000,
which reflects what they perceive their needs to be with regard to
buying a computer software program for their particular office. It
has been my position that we have funded this Chamber of Commerce, and
we set a precedent and I think it is a good precedent. but I think there
is a limit to which we should be asked to fund finances operation as
opposed to that which should be financed by the private sector themselves.
It is my recommendation that $100,000 plus is adequate contribution from
the City government.
Mayor Ferre: All right, questions from the Commission.
Mr. Plummer: Well, how much are we apart?
Mr. Gary: $22,000.
Mayor Ferre: $22,000.
Mr. Plummer: You are willing to give the $100 plus 11%?
Mr. Gary: The total is $103,000. That includes 11%.
Mr. Plummer: And they are asking for $130 or $125?
Captain Alexander: $125.
Mr. Gary: $125.
Mr. Plummer: Well, you know, I think we either have to go with the saying
that says this conference is worthwhile or it's not. If this City is going
to do what this City wants to do, I move that we give them the $125.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Call the roll, please.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 82-433
A MOTION OF THE CITY COMMISSION GRANTING A REQUEST FOR EXTRA
FUNDS MADE BY THE HEMISPHERIC CONGRESS OF THE LATIN AMERICAN
CHAMBERS OF COMMERCE IN AN AMOUNT NOT TO EXCEED $125,000.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
08 MAY 2 71982
r
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
4. ACCEPT PROPOSED DESIGN OF THE F.E.C. INTERIM PARKING LOT
PROJECT. AUTHORIZE OFF-STREET PARKING AUTHORITY TO SEEK BIDS
re: CONSTRUCTION.
Mayor Ferre: All right, we have Mr. Roger Carlton, who is here on the
Off -Street management agreement. Mr. Carlton has to go on a trip this
morning so we are going to take him out of turn. All right, Mr. Carlton.
Mr. Roger Carlton: Mr. Mayor, two months....
Mr. Dawkins: We still will come back to other pocket items?
Mayor Ferre: Yes, of course.
Mr. Plummer: We're still on them. Oh, no we're not.
Mayor Ferre: These are all pocket items. Go ahead.
Mr. Carlton: Mr. Mayor, Commission, two months ago the Commission approved
the management agreement between the Department of Off -Street Parking and
the City for the F.E.C. Interim Parking Lot. The City engineering department
has completed the design and the project is ready to go to bid. City Manager,
Mr. Gary, asked that we give you a brief presentation.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: All right, what is it you need from us today?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIIC RECORD.
Mayor Ferre: All right, is there a motion on the J.L. Plummer Parking Lot?
Mr. Plummer: No! I'll be damned! That's another one of those temporary
deals!
Mayor Ferre: Plummer, we were going to name the waste building after you....
Mr. Plummer: But I refused to drop dead.
Mayor Ferre: ....if you would only drop dead. Since you refused to die,
we're going to name the parking lot after you.
Mr. Plummer: That's like the Rose Gordon Exhibition Hall. Roger, all
kidding aside, I have two questions I have to ask. Mr. Leslie Pantin
is here today. One of the proposals, or the alternates that they are
talking about for that fair is possibly in that area. The second one is
Mr. Dan McNamara, of the Orange Bowl Committee, of course is in a complete
dilema about where he is going to stage for his Orange Bowl parade. Is
that going to be available, or can it be used for both of those events, if
in fact....
09 MAY 2 7 19e2
Mr. Carlton: Yes, sir. Currently, we annually work with the Orange Bowl
Committee on lot 19 in the middle of Biscayne Boulevard. I assume that
if this is an appropriate site for staging, that it could be used. Same
think with Mr. Pantin. We would be more than glad to work with him.
Mayor Ferre: All right, is there a motion on this?
Mr. Carollo: Move.
Mayor Ferre: Moved by Carollo. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez. Further discussion on the approval of
the J.L. Plummer Parking Lot on Biscayne Boulevard? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 82-434
A MOTION OF THE CITY COMMISSION ACCEPTING THE PROPOSED
DESIGN OF THE F.E.C. INTERIM PARKING LOT PROJECT AND
AUTHORIZING THE OFF-STREET PARKING AUTHORITY TO SEEK BIDS
FOR CONSTRUCTION OF SAID PROJECT.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
* Commissioner Miller J. Dawkins
* Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: * Commissioner J.L. Plummer, Jr.
ABSENT: None.
ABSENT: None.
ON ROLL CALL
* Mr. Plummer: In honor of the mausoleum for Maurice Ferre, I vote no.
* Mr. Dawkins: Since Plummer has problems with it being named for him, I
vote yes.
* Mr. Carollo: I always heard there were a lot of dead -beats in this
Commission, yes.
5. 1ST READING ORDINANCE: AMEND SECS. 35-91, 35-92, AND 35-93
ESTABLISHING RATES AT CERTAIN ON -STREET PARKING METERS; OFF-
STREET LOTS; AND MUNICIPAL PARKING GARAGES.
Mayor Ferre: All right, we have items 44 and 55 that affect the Off -
Street Parking authorities. We'll take up 45.
Mr. Plummer: Move it.
Mayor Ferre: All right, Plummer moves.
Mr. Dawkins: Second.
Mayor Ferre: I'm sorry, 44. Item 44, establishing rates at certain
on -street parking meters, on first reading. It's been moved by Plummer,
seconded by Dawkins. Would you read the ordinance, please. This is
an ordinance amending Sections 35-91, go ahead. MAY 2 7 1982
10
e
0
Mayor Ferre: (CONTINUED) Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 35-91, 35-92, AND
35-93 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, ESTABLISHING RATES AT CERTAIN ON -STREET
PARKING MEMTERS AND CERTAIN OFF-STREET LOTS;
ESTABLISHING RATES AT MUNICIPAL PARKING GARAGES;
FURTHER PROVIDING FOR EFFECTIVE DATE FOR HEREIN
RATE INCREASES: RATIFYING AND CONFIRMING ALL
ACTS OF THE OFF—STREET PARKING BOARD AND ITS
DIRECTOR AS TO RATES HERETOFORE CHARGED; FURTHER
PROVIDING THAT THE DIRECTOR SHALL CAUSE CERTIFIED
COPIES TO BE. FILED PURSUANT TO SECTION 503 OF THE
TRUST INDENTURE; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer, and seconded by Commissioner
Dawkins and passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
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.
6. EXECUTE LEASE AGREEMENT WITH DEPT. OF OFF-STREET PARKING FOR
LEASE OF SPACE AT THE OLYMPIA BUILDING.
Mayor Ferre: We're going to take up item 55, which is part of the
Consent Agenda, but so that Roger will go away and not worry, let's
take it out of sequence.
Mr. Carollo: Move.
Mr. Plummer: Second.
Mayor Ferre: Moved by Carollo, seconded by Plummer. Any further discussion
on item 55? Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-435
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A LEASE AGREEMENT WITH THE DEPARTMENT OF OFF-STREET
PARKING FOR THE LEASE OF CERTAIN SPACE ON THE EIGHTH
FLOOR OF THE OLYMPIA BUILDING, 174 EAST FLAGLER STREET,
FOR THE USE QF THE DEPARTMENT OF MANAGEMENT AND BUDGET
WITH FUNDS THEREFOR ALLOCATED FROM BUDGETED FUNDS OF THE
DEPARTMENT OF MANAGEMENT AND BUDGET.
U
MAY 2 71982
N
r
(Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
7. POSTPONE CONSTRUCTION OF WEST COURTYARD ROOF AT COCONUT GROVE
EXHIBITION HALL AND INSTALLATION OF A TENT TO ACCOMMODATE
A.S.T.A. CONVENTION.
Mayor Ferre: All right, the next one is the roof. Don Cather would like
to appear on the awarding bids of the Coconut Grove Auditorium roof.
All right, sir. Mr. Manager, we're ready to listen to this.
Mr. Gary: Mr. Cather will discuss this item.
Mr. Don Cather: We are requesting, first of all, that the ordinance
appropriating the money for the west courtyard roof be increased to
cover the additional cost of this item after taking bids. Bids were
received on May 24th. Five bids were received. The low bid was from
the First Florida Building Corporation, a representative of that firm
is here today to testify that they will complete this work by October 1st.
Mayor Ferre: Mr. Cather, would you tell us the price of that low bid?
Mr. Cather: The low bid, with the items that we want in there for
additions, comes to $1,002,200.
Mayor Ferre: Zero two, two thousand.
Mr. Cather: $1,002,200.
Mayor Ferre: I tell you, I'm glad because I heard it was a million, two,
and I was going to vote against it this morning. Now, a million is something
else. Let me... your projected cost was $600,000, is that right?
Mr. Cather: Well, the revised was almost $800,000.
Mayor Ferre: Your revised estimate was $800,000. So this is $200,000
over. What was the second bid? Why don't you read me all the numbers
on the five bids.
Mr. Cather: All right, the base bids, including items 1 through 3, which
is including the special items, special provisions....
Mayor Ferre: Don't give us the details. Just apples to apples.
Mr. Cather: Apples to apples, we have: low bid, $952,500; Aid and
Construction $974,700; Wayne Blackwell Co. $997,300; Boshan Construction
Co. $1,012,000; and D.P.C'. General Contractors $1,198,750. Now we
have several items that we have to add to that.
12 MAY 2 71882
Mayor Ferre: So apples to apples it is $952,000 to $1,198,000.
Mr. Cather: Correct.
Mayor Ferre: That's a $250,000 spread, but you have three bids that are
pretty close there, all within $50,000. Now, you say this is going to
cost us $1,002,000.
Mr. Cather: That's the base construction price.
Mayor Ferre: But I see that we have project expenses of $30,000; incidentals
of $10,000; indirect costs of $41,000; and refinishing of floors as $25,000.
So, the true cost is $1,109,000.
Mr. Cather: Correct.
Mayor Ferre: Why didn't you tell us that?
Mr. Cather: That was the bid award fact sheet. We usually quote to you
the construction cost estimate.
Mayor Ferre: Aren't we interested... let me reword it another way, Mr.
Cather. What are the taxpayers of the City of Miami going to finaly end
up paying for this whole thing, bottom line, everything, you throw in
everything, every expense that you have?
Mr. Cather: About $1,200,000.
Mayor Ferre: $1,200,000.
Mr. Cather: Yes, sir.
Mayor Ferre: So the rumors that I had yesterday were true. Now, tell me
how it gets up to $1,200,000.
Mr. Cather: Well, you have quoted the $1,191,100 and we add on the design
cost of $91,000.
Mayor Ferre: Oh, I see, yes.
Mr. Carollo: Am I correct to state that when we originally were given
a verbal estimate on this, it was stated that it would be around
$600,000?
Mr. Cather: That's correct.
Mr. Carollo: Now, it is double that.
Mr. Plummer: Exactly double.
Mayor Ferre: Vince, where is Vince? Vince, I hate to do this to you,
but why don't you step forward and come here. Mr. Grimm, do you remember
going back a couple of years ago, we've had this running battle now between
Mr. Pearl and you and I and it goes back, I guess to even Joe Grassie's
days and Fosmoen and everybody else. Now, when Pearl came in, and he
said, in front of me, he said to you: "Vince, you're wrong, I guarantee
you, we're going to..." Is Larry Pearl around here today?
Mr. Vice Grimm: He was invited.
Mayor Ferre: O.K...."I guarantee you we can do this for $600,000. I
have a bid for it right now. Things are better now, for us because
prices are lower." This was a year and a half ago. He said we could
get that built for $600,000. You said: "There's no way you could ever
do that." Now, as I recall, you said: "The least it would cost is
$1,000,000 to $1,500,000." Now here we are with $1,200,000. Now, in
your opinion, is this a reasonable bid at this time for what we're
getting?
13 MAY 2 7 1982
C r
Mr. Vince Grimm: Yes, it is a reasonable bid. $1,000,000 is what we said
it would cost all the time, but I want to bring another negative aspect
into this and I think that you ought to consider it seriously. Four
months is a short period of time. If you're going to spend $1,000,000
and guarantee completion on October 1st. That Chart House Restaurant
that sits over there was supposed to be opened for New Year's Day. It
isn't opened yet. The Convention Center that I am responsible for was
supposed to be opened February 1st; it isn't opened yet. And there are
some....
Mayor Ferre: How much is it going to cost us to put up a tent?
Mr. Grimm: My memory of that... Mr. Logan is here... but my memory of
that per show is around $20,000.
Mayor Ferre: Is that right, Logan? $20,0007
Mr. Plummer: Mr. Grimm, let me ask you a question. How much would this
$1,250,000, which I'm reading in figures here which is being proposed,
how much of that is because of the four months' rush. In other words, if
you didn't put a rush job on it, what do you feel the bid would be?
Mr. Grimm: Well, I think you would be better off if you ask the contractors
that but my memorandum a year ago said that this project was going to cost
in the vicinity of $1 million dollars and I've never withdrawn from that
position.
Mr. Plummer: Well, obviously it would be a lot less money, in my estimation,
if they weren't having the bum's rush on it.
Mr. Grimm: No necessarily, if the contention is that that is the schedule
that it would take to build the building.
Mayor Ferre: Let's cut through all of this, because I think that we have
a very heavy decision to make on this. Mr. Manager, what is your recommendation?
Mr. Gary: Mr. Mayor, members of the Commission, I would recommend that
we postpone the construction of the addition. That we go with the tent
for the A.S.T.A. Convention. Once the A.S.T.A. Convention is over, then
go out for rebid again, and then expand that facility. I don't really
think that we can take a chance at this particular point in time, and
jeopardize the use of that space....
Mayor Ferre: We have too much riding on A.S.T.A. for us to make any kind
of a mistake. In fact, look, if this bid had come in under a million
dollars or something total, then I think I would feel a little bit easier
about it. But to end up with $1,200,000 and no guarantees that we're
going to get this thing done; I'm not worried about you, Mr. Logan,
and I'm not worried about Vince, or Mr. Frazier, or anybody else. I
am worried about the A.S.T.A. Convention.
Mr. Victor Logan: Mr. Mayor, I'd like to speak to that for just a second.
As a member of the selection committee appointed by the Manager, I'd
like to say that the members of that committee, for one reason or another,
were not given an opportunity to look these bids over prior to this
meeting....
Mayor Ferre: Well, you may have that opportunity now.
Mr. Logan: ....first of all. Secondly, I believe that there is a lot of
slush in that $1,200,000. It is unnecessary. You have made a lot of
promises to A.S.T.A. The last few times, or number of times that Larry
Pearl has ever used a tent over that facility, it has been turmoil. It
has rained through that tent, it has been a fiascol You have 6,000 people
that you need to feed in A.S.T.A. under that facility and the tent is not
going to do the job. I suggest there is a lot of slush there, and I think
that it could be done for a lot less. We had a price of $650,000, incidentally,
I am aware of where the -bids came in, but I really have not had an opportunity
to look at those bids.
14
MAY 2 71982
Mayor Ferre: But you see, look, we don't have time. You and Pearl, and
everybody have been telling us that it can be built for $650,000. But
God! It's going to cost us $1,200,000. You say there is a lot of slush
and it can be cut. We don't have time to do that! We have to either
decide right now and spend $1,200,000, or go put up a tent.
Now, you say that a tent isn't good. Of course, it isn't! Nobody
wants to put up a tent! You know, there are a very few people left in
Miami that like tents!
Mr. Logan: I want to make you understand that it's not going to affect me
at all because this project isn't going to be finished in time to do
anything for me. I am just talking as a member of the selection committee.
I am saying to you that for a fact I know that there are $60,000 in that
bid that is slush, under the category slush they say they always put into
the bid, and I know there are other things. So, if you are satisfied with
spending $1,000,000 to do that job, I suggest that somebody take a very
quick look at that $1,200,000 and see what can be trimmed. Now there are
other things, such as... that I don't even understand, because it has been
brought to our attention....
Mayor Ferre: That's not the point. The point is we have to have it finished
by October!
Mr. Logan: I am aware of that.
Mr. Dawkins: I think he's saying the same thing that the Mayor is saying.
The Mayor said, "Let's put the tent up, and then we have time with which to
look for this slush that you're talking about."
Mayor Ferre: Is that what you're saying?
Mr. Dawkins: But we don't have time to look for it now.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: If I may, obviously the people are more technical than all of
us who are talking probably right now, have designed that expansion for
the best interest of the City, the best interest of the facility, and in
our estimation that is the lowest bid. Obviously we have to live with it,
we plan to go with that contractor. But I must also inform you that
A.S.T.A. has informed us that a tent would be acceptable to them provided
that they can utilize that facility by October 1.
Mayor Ferre: That's the important thing.
Mr. Carollo: I think we need to meet this thing head on. I make a motion
that we go with the tent and take this matter up after the A.S.T.A. Convention
is over.
Mr. Dawkins: Second.
Mayor Ferre: It's been moved and seconded. Would you also include that
we rebid this. Is that acceptable to you?
Mr. Carollo: Take it up and rebid it after the A.S.T.A. Convention.
Mayor Ferre: I think that we ought to get the architect and our department
people to see what you can shave off of that; maybe get it down a little bit.
Call the roll.
15
MAY 2 71982
C r
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 82-436
A MOTION INSTRUCTING THE CITY MANAGER TO POSTPONE CONSTRUCTION
OF THE WEST COURTYARD ROOF AT THE COCONUT GROVE EXHIBITION
HALL AND TO IMMEDIATELY PROCEED TO INSTALL A TENT IN ORDER
TO ACCOMODATE THE IMMEDIATE NEEDS OF THE ASTA CONVENTION;
FURTHER STIPULATING THAT ONCE THE ASTA CONVENTION IS BEHIND
US, WE SHALL GO OUT AND REBID THE PROJECT.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
S. COrliISSION EXPRESSION OF SUPPO"LZ CN BEMALF OF "1990-•S2 VORLD' S
FAIV EXPC 92," STIPULATION THAT IF MIAMI WERE CHOSEN AS THE
SITE, CITY WOULD ALLOW USE Ur' VIRL41NIA &LY.
Mayor Ferre: All right, we now have Expo 500. Mr. Leslie Pantin.
Mr. Leslie Pantin: Mr. Mayor, Commissioners, I am Leslie Pantin, Sr.
I an chairman of the not -for -profit corporation, 1992 Florida Columbus
Exposition, Inc., also known as Expo 500. We come here today to ask
for your help in bringing about one of the most exciting projects to
happen in the 86-year history of the City of Miami. It's the opportunity
for all Miamians to work together on something good for all of us, and
something we can all be proud of. A project that picks up where the
fight against crime, Liberty City Revitalization, and the refugee situation
leave off, creating jobs, business opportunities, and more importantly,
community pride. A project that will speed the promotion of Miami as
center of the Americas for trade, commerce, finance, and tourism. It
is important, it is imperative that all sectors, all factions, all
ethnic groups of our community band together and get behind this project
and support it totally. We are talking about a 1992 World's Fair to
commemorate the founding of the New World by the old, when Christopher
Columbus landed on San Salvador 500 years ago. This would be a category
one, a universal category world fair, under the auspices of the Bureau
of International Expositions. We would request a resolution supporting
the project and directing the City staff to work with Expo 500 staff
to enter into a lease for the use of Virginia Key as the site of 1992
World's Fair. I would like now to have you listen to Mr. Randy Coleman,
attorney, who's our corporate president, to explain some details so that
you can further understand this project. Randy.
Mr. Randy Coleman: Thank you Mr. Mayor and Commissioners. I'm going to
try to be brief in these comments and allow you the opportunity to ask
questions about any of the details you would like. To begin with, the
application....
Mayor Ferre: Would you -start backwards? Just give us your conclusions
and then fill in between very briefly? What is it you want?
16 MAY 2 7 1982
Mr. Coleman: We have retained a consulting team who has recommended to us
the use of Virginia Key as the site for the 1992 World's Fair.
Mayor Ferre: You want this City Commission to go on record saying that
Virginia Key is available to you for usage as your site for the World's
Fair provided that you get it, obviously....
Mr. Coleman: Right.
Mayor Ferre: ....and that would be determined before the end of this year.
Mr. Coleman: The application process cost for our application to be in
on September 1 of this year and a decision should be reached by the end
of October by the president.
Mayor Ferre: I think that this is a motherhood issue. Now, Plummer, you
are the guy who's been the guardian angel of Virginia Key. I would like
to recommend a motion that would be something like this: that the City
Commission go on record specifically saying that if we are awarded a
World's Fair permit for the year 1992, that the City Commission is willing
to give up Virginia Key for a reasonable time to have the World's Fair....
Mr. Plummer: If the site is available.
Mayor Ferre: ....and the site is available and that the details be
negotiated with the Manager.
Mr. Plummer: Sure.
Mr. Coleman: Mr. Mayor.
Mayor Ferre: And come back for final approval.
Mr. Coleman: If I might add, we have to have some kind of, at least,
agreement in principle with the owner of the land, in this case, the
City of Miami, to submit with our application on September 1st, so
those negotiations would....
Mayor Ferre: So we have between now and September 1st for you to negotiate
with the Manager and come back for final... Let me share something with you
publicly on the record, so that we all understand where we are coming from.
Chicago started before us. Chicago is proposing to spend more money and
to bring in more visitors to their World's Fair than our World's Fair.
In addition, Chicago has brought over the French and they have come to
an agreement between Paris and Chicago so that they don't necessarily
conflict with each other; they're going to be friends in the way they
approach this. What I'm saying is I hope that we don't, in a typically
Miami fashion, delude ourselves that we are really a major contender at
this stage of the game. We are ... the odds of this happening are not
very excessive. However, we are still in there. We can still win.
I got on the phone and I called, at the request of Mr. Pantin, the
Secretary General of the Organization of American States. As you know,
Argentina is today or tomorrow requesting the O.A.S. to pass a resolution
that they have drafted based on article 7 of the Rio Treaty. Unfortunately
for the United States, it was the United States who was the sponsor of the
Rio Treaty. We were the drafters, and during the... what was it the
Eisenhower Administration? ...when the Rio Treaty was signed. The problem
is, of course, that if the Rio Treaty, section 7 or 11 and 3 of the Rio
Treaty are invoked, by the Argentines, the United States is going to be
very greatly embarrased. Because in effect, what it means is that we,
the authors, of this law, called the Rio Treaty, are also going to be
the first major violators of it. Now, that puts us in a very difficult
position with the rest of the hemispheric nations.
This World's Fair may not be today that important an issue if you
look at the Malvinas/Faulkland Island controversy. But on the other hand,
the day may come between now and September, that the President of the
United States may be looking very much for something that might help us
overcome this very serious problem that I think we're facing in this
hemisphere. And it might be, that we could say, look by the year 1992
we hope that people will calm down a little bit. The World's Fair for
17 MAY 2 71982
C r,
Mayor Ferre: (CONTINUED) ....that decade to celebrate the discovery of
the New World by Christopher Columbus, honest to goodness should be in
the place where the celebration is going to be an Inter -American function,
rather than a U.S. function. If there is another World's Fair in Chicago,
it'll be like the first World's Fair in Chicago except I hope we don't
have a fire this time. That was a centennial celebration, or whatever it
was, for the City of Chicago. This World's Fair of Chicago will be a
U.S. World's Fair, no matter what they do. If we have a World's Fair in
Miami in 1992, it would be an Inter American World's Fair. It would be
a World's Fair for all of the Americas. I think that after we pass this
motion, I would like to make a motion so that we formalize the request of
this City, asking the O.A.S. to make it the O.A.S. World's Fair, so that
the prime sponsor of this fair not be the City of Miami or your group, or
the State, but that it be the O.A.S., that it be the Organization of
American States that really calls together this hemisphere to celebrate
the 500th anniversary celebration in Miami which really is, hopefully,
the center of the Americas.
Mr. Coleman: We would welcome such a resolution.
Mayor Ferre: O.K., we have a motion on the floor already, right?
Mr. Plummer: I'll move the first.
Mayor Ferre: Plummer moves, is there a second?
Mr. Perez: I second.
Mayor Ferre: All right, there is a second. It's been moved by Plummer,
seconded by whom, Carollo? Or Demetrios it doesn't matter, all right.
Now, the motion is on Virginia Key. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 82-437
A MOTION THAT THE CITY OF MIAMI COMMISSION GOES ON
RECORD SUPPORTING THE "1990-92 WORLD'S FAIR/EXPO '92"
AND STIPULATING THAT THE CITY OF MIAMI WERE TO BE CHOSEN
AS THE SITE FOR THE HOLDING OF SAID FAIR IN 1992, THE CITY
WOULD BE WILLING TO GIVE US VIRGINIA KEY FOR A REASONABLE
AMOUNT OF TIME FOR THE STAGING OF SAID WORLD'S FAIR; FURTHER
INSTRUCTING THE CITY MANAGER TO NEGOTIATE A PROPOSED LEASE
AGREEMENT FOR SAID PREMISES PREVIOUS TO SEPTEMBER 1, 1982
AND COME BACK BEFORE THE CITY COMMISSION FOR FINAL APPROVAL.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
* Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
ON ROLL CALL
* Mr. Dawkins: That's at no cost to the City, right? That's at no cost
at all to the City by any of this?
Mayor Ferre: But we're going to gain the buildings after.
Mr. Dawkins: But I'm saying now.
Mr. Coleman: We anticipate no public sector support of any significant
degree and none coming from the City other than the use of Virginia Key.
18 MAY 2 71982
4
Mr. Dawkins: Financial, no financial support.
Mr. Coleman: No financial support from the City of Miami, that's correct.
8.1 CITY CC12NISSION REQUESTS THE ORGANIZATION OF AMERICAN STATES
(OAS) THAT THEY FIRi,.Y BECOME THE PRIZARY OFFICIAL SPCITSO:..
OF THE 1991-92 WOFLD'S FAIR/EXPO 92," THAT IT MAY TRULY
BECOME A14 INTER-AIIERICAN WORLD' S FAZE.
Mayor Ferre: Now is there a motion that the City of Miami agree in
being the sponsor of the World's Fair and that we respectfully request
from the Organization of American States that they formally adapt this
as a cause of theirs, and that they be the official sponsors of this,
the primary official sponsor of this World's Fair; that it be an Inter -
American World's Fair in Miami in 1992, sponsored by the Organization
of American States. Is there a motion?
Mr. Carollo: With pleasure.
Mr. Dawkins: Second.
Mayor Ferre: It's been moved and seconded.
Mr. Plummer: Question, who are the sponsors at the present time?
Mr. Coleman: The not -for -profit corporation, 1992 Florida Columbus
Exposition, Inc.
Mr. Plummer: No, no, no, no! Who is making the decision as to where it
goes?
Mayor Ferre: The President of the United States.
Mr. Coleman: The Department of Commerce will make a recommendation to
the Secretary of Commerce, who will make a recommendation to the President.
The President makes the final decision.
Mr. Plummer: O.K., so you don't feel that in any way this motion of
asking the O.A.S. would give an impression to them of trying to cut them
out?
Mayor Ferre: Cut who out?
Mr. Plummer: The Department of Commerce.
Mayor Ferre: Listen, this is the only way you're going to get this World's
Fair. If we don't do this, in my opinion, and this is the reason I'm
doing this....
Mr. Plummer: I just don't want to offend the people who are making the
decision, is there any possibility? That's my only concern. I don't want
something to be going forth with the positive aspect that in fact is
negative.
Mr. Coleman: Commissioner Plummer, the application process calls for
support from all sectors, and we have to include that in the application.
This, we would anticipate, as being a form of support, both political,
financial, and in other ways. it falls within the application process
of itself and it's actually called for by the application.
Mr. Plummer: O.K., I just raised the question. That's all.
19
MAY 2 7 1982
W t
Mr. Coleman: I don't believe that it would offend anyone, though.
Mr. Plummer: O.K.
Mr. Perez: Mr. Mayor, what kind of participation would the City have in
that kind of an event?
Mayor Ferre: That's something that they have to negotiate with the Manager.
I have already expressed my opinion that I hope that we get a lot of the
things after the fair is over in buildings and infrastructure and playgrounds,
and things like that. They'll have to come back with the negotiations.
Mr. Pantin: The residual values will be extremely important for the City
of Miami. That is one of the main factors for consideration for the fair.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 82-438
A MOTION OF THE CITY OF MIAMI COMMISSION AGREEING TO BE
A SPONSOR OF THE WORLD'S FAIR AND FORMALLY REQUESTING THE
ORGANIZATION OF AMERICAN STATES (O.A.S.) THAT THEY FORMALLY
ADOPT THIS WORLD'S FAIR AS A PROJECT OF THEIR OWN, REQUESTING
THAT THEY BE THE PRIMARY OFFICIAL SPNSOR IN ORDER THAT IT
MAY TRULY BECOME AN INTER-AMERICAN WORLD'S FAIR.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
Mayor Ferre: We look forward to seeing it after you have negotiated with
the Manager
Mr. Coleman: Thank you very much.
Mr. Pantin: Thank you very much.
Mr. Plummer: That east side looks very bare.
Mr. Coleman: We plan to....
Unidentified Speaker: Those are mangroves.
20 MAY 2 7 1982
1 0
9. AUTHOP.IZE CITY IWIAGER TO P.EIPBUF.SE "JUNTA PATRIOTICA
CUBANA" FOR EXPENSES INCURRED IN CON14ECTIOI WITH C014FEPXIICZ
HELD AT THE LITTLE HAVANA COW RIIITY CENTER.
Mayor Ferre: We now have a pocket item on the Junta Patriotica, who have....
Mr. Carollo: Yes, Mr. Mayor.
Mayor Ferre: Is there a member here from the Junta Patriotica?
Mr. Carollo: Mr. Mayor, if I may, I would like to make a motion to
reimburse the Junta Patriotica Cubana for $1,196, which they spent on
their conference of May 1st, 2nd, and 3rd at the Little Havana Community
Center.
Mr. Plummer: Did we approve this?
Mr. Perez: I second.
Mr. Plummer: Did we approve that?
Mayor Ferre: All right, it's been moved and seconded.
Mr. Carollo: No, it hasn't been approved yet, J.L.
Mr. Perez: No, I think that it is not in the agenda, no?
Mayor Ferre: This is a pocket item. They requested that they were going
to use the Little Havana Community Center on May 1, 2 and 3. And what
they are asking for is a waiver of the fees. In effect, the way we're
doing it, we're going to give them....
Mr. Plummer: No, but I thought that we had already done it.
Mayor Ferre: We have to give them 91,150?
Mr. Carollo: $1,196.00.
Mayor Ferre: So, it's been moved and seconded. Is there further discussion?
Now what we're doing is we're giving them the money, but they are paying it
back to us in a fee. Is that correct?
Mr. Plummer: We're giving them a check made out to the City of Miami.
Mayor Ferre: It's been moved, seconded, further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 82-439
A MOTION OF THE CITY COMMISSION INSTRUCTING THE CITY MANAGER
TO REIMBURSE "JUNTA PATRIOTICA CUBANA" IN THE AMOUNT OF
$1,196.00 FOR EXPENSES INCURRED IN CONNECTION WITH A CONFERENCE
HELD AT THE LITTLE HAVANA COMMUNITY CENTER ON MAY 1, 2 and 3.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None. 21
ABSENT: None. MAY 2 71982
a
10. AUTHORIZE CITY MANAGER TO DRAFT AME MIMi4TS TO EXISTIIIG
CHARTER SECTIONS III ORDER TO PROVIDE FOR MORE 110DER11
PROCUREMENT PROCEDURES FOR THE CITY.
Mayor Ferre: The last thing that we have is the question of procurement
procedures (I mean that I have on this list before we take up your list
up). Terry Percy, who is going to discuss this?
Mr. Knox: I am, Mr. Mayor.
Mayor Ferre: All right, Mr. Knox.
Mr. Knox: Mr. Mayor, members of the Commission, as you are aware, we have
been working on proposed Charter changes and amendments to the Code of the
City of Miami, which would modernize our procurement process. We have
prepared a preliminary draft of the proposed changes to the Charter. And
we are presently working very hard on the proposed amendments to the
ordinance. Yesterday, we met with some department heads and employees of
the City to discuss the proposed Charter revision and on last evening a
briefing was held for the members of the public.
Our time table for placing this matter on the September ballot
requires that on today you adopt a resolution which would authorize us
formally to prepare the proposed Charter amendment in final form. With
us today is Mr. Lester Fettig, who of course is the consultant who has
been working with us on these changes. I would indicate to you, I think
it is very important to note that the ordinances we plan to have ready
and in place by the time the citizens vote in September on the Charter
amendments because it is the ordinances that give life and vitality to
the Charter provisions. If Mr. Fettig is in the house, I'd ask him to
come forward in order to make a brief presentation to the City Commission
and answer questions.
Mayor Ferre: Mr. Fettig, just so that we can document a little bit on
the record who you are. Mr. Fettig, as I recall, you were for about a
two-year period in charge of... well, give us the title that you held in
your specific background with the federal government.
Mr. Lester Alan Fettig: Prior to taking over the Office of Federal
Procurement Policy, which is a Senate -confirmed position in the White
House for two years under President Carter, I was also for nearly five
years Staff Director of the U.S. Senate Subcommittee on Federal Spending
Practices. We had jurisdiction over all contracting and spending matters
over the course of those seven years, and prior to that as a younger
Rockefeller fellow at the Brookins Institution, I've had cause to either
draft or manage most of the modernizing legislation that's been passed at
the federal level and also in those capacities we worked closely with
state and local government on conforming their procurement systems.
Mayor Ferre: Would you say, Mr. Fettig, that you one of the more recognized
persons nationally with the federal government in the procurement process
and improving... and weren't you involved in helping Senator Lawton Chiles
in a lot of his investigations and in the improvements of procurement
procedures of the federal government?
Mr. Fettig: Yes, Mr. Mayor, I don't like to be J=odest about it, but in
addition to drafting all those regulations, I am regularly called before
the U.S. Congress as an expert witness. I appeared last month, as a matter
of fact to comment on some Reagan Administration proposals, and the inves-
tigations we conducted, which you may remember, included the 1975 inves-
tigation of Corruption in Military Meat Procurement problems that they
were having in their specifications and bid rigging, laying the ground
work for the G.S.A. investigation on furniture procurement, as well as
less famous ones that I couldn't even remember. They came and went every
day, sir.
22 MAY 2 7 19812.
0
Mayor Ferre: All right, Mr. Knox, how did you find Mr. Fettig?
Mr. Knox: One of the things that we wanted to do was to identify an
individual who had the kind of credentials that Mr. Fettig possesses,
so that pursuant to our consistent pattern, whenever we make a reform, we
try to have it be a model for the country. In checking with legal circles
and checking with local attorneys who may have had some contact with
procurement practices, we made contact with Mr. Fettig.
Mayor Ferre: O.K., thank you. Mr. Fettig, what are you going to tell us
this morning?
Mr. Fettig: We've been very busy since I appeared here in January, Mr.
Mayor. The basic package was a master plan, not just a quick fix, although
the court problems that the City has had were certainly a stimulous. We
used the oportunity to construct for you a completely new, modern, up-to-
date procurement system. The Code revisions alone will probably run a
good twenty or thirty pages when finally fine-tuned. The Charter, which
has to come first, you have before you in draft form. If I could just
review for you what we have tried to do. The basic problem existed because
the Miami procurement system had never been constructed as a whole system.
You had provisions of State law professional architects, you had a City
Charter that recognized only certain types of goods and services; it only
recognized certain types of competitive methods.
So, what we have done is start basically with a clean sheet of paper
and provide for you, number one, the authority to enter into the modern
market place so the City can and have recognized authority to acquire the
complete range of goods and services and projects that a modern city does
acquire. Secondly, to put into place a modern set of utensils, if you
will, tools, so that you can get competition without being inappropriately
bound in circumstances by the rigors of only giving a low bid to a low bidder.
Those mechanisms...
Mayor Ferre: Wait, wait, because that sounds ominous. In other words,
this is a modernization of procedures, and this is similar to what other
modernized governments, State and local, and using throughout the nation.
We are not doing something totally radical and new.
Mr. Fettig: No, absolutely! The antiquated natures come about basically
since the Revolutionary War. A lot of government procurement has been
based on'the notion of buying a cannon ball or a comodity, in which case
you may care only of paying the cheapest price. Even as a supermarket
consumer today it is a rare case when you are not concerned about other
factors: the quality, the performance levels, degree of service you are
going to receive. So virtually, certainly at the federal level, it has
been a practice for nearly twenty years now. Virtually all of the State
and local governments that have reformed their systems over the last
decade, and the American Bar Association, the Council of State Governments,
the National Association of State Purchasing Officials, they have all
recognized and endorsed using forms of competitive negotiations in
circumstances where it is appropriate.
It gives the City the opportunity to be a good consumer, and I
emphasize, in a competitive framework to get the best combination of
price and quality and other features that you seek.
Mayor Ferre: Mr. Fettig, again, are there a lot of precedents for this
in other governments, states and cities, throughout the country?
Mr. Fettig: Yes, absolutely. The model procurement code, which was
prepared by the A.B.A. over a five-year process... I oversaw some of the
funding for my federal office. I contributed to that American Bar Association
project. The precedents are set there in the code. The system, we used
that as a major input as well as others. In terms of particular projects
and places, the examples you are probably aware of. In Boston, inner
city development, in the Baltimore inner harbor, Minneapolis, many major
urban projects fall under the type of competitive negotiated framework
we are looking for here. The elementary principle being well enough
accepted in virtually all forms. I might recognize, that was also
unanimously confirmed before the United States Senate again under the
Reagan Administration proposals last month.
23' MAY 2 7 1982
C r
Mayor Ferre: Let me ask you this. I am very concerned, as a matter of
fact, just a little bit disturbed, because yesterday, some of my contractor
architect and engineer friends called up on a story that was in the Herald.
I thought it was a very good, objective, and well written story, but there
was one major inacuracy: that was the use of the word turnkey. A turnkey
is when you go out and you bid something and somebody gets the contract
to do the whole thing: they design it, they go out and they build it, and
after they finish, they turn the key over to the owner and walk away. Now,
that is not the intention of what we are trying to do here. What we are
trying to... that is a fallacious statement. We are not talking about
turnkey projects. We are talking about projects where the person who bids
will also be involved in the end, in other words, that when it is all done
and over with, the person who is a successful bidder either has a management
agreement or an agreement to operate, or a lease of some sort for a period
of time. We are not violating the procedure, I would hope, where there
would be a professional selection of architects or professionals, or a
bid procedure in the construction of whatever the project is going to be.
Mr. Fettig: That certainly was never an intention or even a likely
prospect, as I would see it. In fact, you might argue that many projects
the City would otherwise pursue and provide opportunity for the front and
planning and design functions might never come about unless we were able
to pursue it in a package whole. It's like G.E.or Pratt Whitney
trying to sell aircraft engines unless the government was buying a whole
system package, they would not have a vehicle by which to excercise their
talents and products. In all the cases that I've seen, what happens is
the architect engineer community winds up acting very much involved -as a team
member on part of the bidding proposals.
Mayor Ferre: All right, any other questions?
Mr. Dawkins: Are you housed here or do you fly in?
Mr. Fettig: No, my base is in Washington, D.C., sir.
Mr. Dawkins: You fly in.
Mr. Fettig: Yes, sir.
Mr. Dawkins: Well, I'm going to have to invoke the rule of five, because
this is too much material handed me this morning for me to read and evaluate
and I listened to you attentively so that you would not have to come back.
I'm impressed, I think that you are on the right track, but I just cannot
in good faith take this and vote on it.
Mayor Ferre: Mr. Knox, why wasn't this on the regular agenda?
Mr. Knox: Mr. Mayor, quite frankly, I don't have any idea. But let me
explain what I am asking you to do. We're simply asking you to formalize
in effect, what has already been accomplished. We are asking you to direct
us, in a formal way, pursuant to the Florida statures. This whole time
sequence is a requirement of the statutes in the Charter. We are just
asking you at this time to adopt a resolution which tells us to draft an
ordinance to have ready for you to authorize to be placed on the ballot
come June 17th, and I do apologyze for the fact that it was not on the
printed agenda.
Mr. Dawkins: But if you are only asking me to draft a principle or an
idea....
Mr. Fettig: Permission, permission though.
Mr. Dawkins: ....why is it necessary for you to have given me all this in
writing?
Mayor Ferre: It isn't...that's....
Mr. Dawkins: Now hold it! Let the attorney answer!
24
sl MAY 2 71982
Mayor Ferre: Mr. Knox.
Mr. Knox: Number one, you should be made aware that during the drafting
period, that is from today until June 16th, you have an opportunity to
comprehensively review and suggest and direct any modification that you
might want to make in the draft.
Mayor Ferre: Yes, O.K., Mr. Dawkins.
Mr. Dawkins: O.K., I withdraw my...
Mayor Ferre: It's item 30-b on the agenda. V it tell you why you are
getting all....
Mr. Dawkins: I agree with you, Mr. Mayor. But even if it is an item, I
still didn't get the material until less than twenty minutes ago.
Mayor Ferre: Miller, I agree, and it is my fault. Let me explain why.
When I found out about all this yesterday, the lawyers did not want to
give me or the Commission anything. I said, if you don't let me know
what it is that you are thinking about, I'm not about to vote for you.
You are right in your request, but the problem is this, that you see
this agenda of schedule of Charter Amendments? This is such a complicated
thing for us to reach 7-29-82, and 9-7-82, you see, Miller, the schedule?
Mr. Dawkins: Yes.
Mayor Ferre: We have to start today. What we are doing is a legal
requirement. Is that right, George?
Mr. Knox: Yes, sir.
Mayor Ferre: And if we don't do this today, you can forget this Charter
change being voted on in September. All we are in effect doing is we're
authorizing the City Attorney to start preparing a document to bring to
the Commission, period. I asked them for all this stuff as back up
material and I wrote a memorandum on it, because I didn't think that we
ought to get into something like this without having some kind of knowledge
as to what the hell this subject is all about!
Mr. Plummer: Well, Mr. Mayor, why can't we go on the November ballot,
rather than September?
Mayor Ferre: J.L., it is essential that we go on the September ballot
for a lot of reasons. First of all, because that was the Governor's
request. Governor Graham said on this ongoing issue that really has
nothing to do with this directly, but indirectly it does, which is Watson
Island, he said: "I'll hold off until December, but you put that thing
on the ballot in September, because I want to know before the November
election which way this thing is going." I said, "Governor, I can't
speak for the Commission, but I'll promise you that I'll try my very
best to get it on the September election."
Mr. Perez: Mr. Mayor, in this change you don't include the other Charter
change about the strong mayor.
Mayor Ferre: No, sir, no.
Mr. Perez: It is restricted to the....
Mayor Ferre: To purchasing procedures, modernization of purchasing
procedures, and we're not concluding anything today. All we are saying
is, "City Attorney, study it and recommend."
Mr. Perez: Yes, something that I would like to emphasize is, I understand
that one of the most serious problems affecting present bidding systems
is the City credibility to renegotiate with contractors who cannot deliver
within the agreed price. I think that is very important, and I would like
to instruct the Administration to pay attention to that field.
sl 25 MA12 71982
C r
Mayor Ferre: All right, Mr. Manager, the Commissioner has requested that....
Mr. Dawkins: No, I withdrew my....
Mayor Ferre: No, this is Demetrio.
Mr. Dawkins: Oh, I'm sorry.
Mayor Ferre: Commissioner Perez has requested that the Administration look
into the whole process of minority and other contractors in the question
the delivery of a contract in the time and money specified under the agreement.
I think -that you are going to have to explain that a little bit more to the
Manager. Would you do that?
Mr. Perez: I will discuss that.
Mayor Ferre: And would you give us a memorandum with your recommendations
on it? O.K., is there a motion, then on this? This is a resolution
authorizing and directing the City Attorney to draft amendments to
exercise, let me see... I'm sorry... to existing Charter Sections 3,
52 and 53, and create new Charter Sections, as needed, to provide
modern procurement procedures which are fair, equitable and in the
public interest. Is there a motion?
Mr. Carollo: Move.
Mayor Ferre: It's been moved by Carollo. Is there a second?
Mr. Perez: I second.
Mayor Ferre: Seconded by Perez. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-440
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY
TO DRAFT AMENDMENTS TO EXISTING CHARTER SECTIONS 3, 52
AND 53, AND CREATE NEW CHARTER SECTIONS, AS NEEDED, TO PROVIDE
MODERN PROCUREMENT PROCEDURES WHICH ARE FAIR, EQUITABLE AND
IN THE PUBLIC INTEREST.
(Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
ON ROLL CALL
* Mr. Plummer: I'm going to vote with the motion, but I want it fully
understood by the Administration that if you throw this stuff at me in
the last minute detail, you know which way I'm going to vote and it's
not going to be positive.
Mr. Gary: It's the City Attorney you mean.
Mr. Plummer: The Administration is charged with getting the material to
us, now you can fight with him.
sl 26 MAY 2 71982
0 0
11. CITY COMMISSION DIRECTS ADMINISTRATION NOT TO CUT ANY
SERVICES REUDERED AT MOORE PARK OR ANY OTHER IMIER CITY
PARK; CALLING FOR FULL RESTORATION OF SERVICES AND
AUTHORIZING EXPENDITURE OF $100,000 TO FULLY IN.PLE-
IUNT RECREATIONAL PROGRAMS.
Mayor Ferre: All right, now, the last thing that we have here, is...
is Miller around? Miller Dawkins, I'm sure that he is interested in
this. There was a rather severe article written by Luis Salome in the
Miami News two days ago dealing with... what's the name of the Park?
Mr. Dawkins: Moore Park.
Mayor Ferre: ....Moore Park. I think Salome is right, we have to do
something about this. Howard, do you have any recommendations?
Mr. Dawkins: I have a recommendation.
Mr. Gary: Yes, sir. Mr. Mayor, members of the Commission, I apologize
first of all for those reductions in services without informing the City
Commission. Secondly, with regard to the over -expenditure, those
over -expenditures have occured to the extend of which we have... we are
now researching... As of yesterday, I talked to the Recreation Department
to reinstitute those service cuts immediately. So those services are
back in force now and Moore Park is now being serviced.
Mr. Dawkins: Well, Mr. Manager.
Mr. Gary: Yes, sir.
Mr. Dawkins: I have a problem with the whole thing. I would hope that
you would inform those individuals who are responsible to you that at no
time from this day on will this Commission sit and let services to the
inner -City parks be cut. With the budgetary restraints on the families,
about the only place they have for recreation is the park.
Mayor Ferre: That's true.
Mr. Dawkins: If we start to close the parks and not putting people out
there, we are really not offering the service, so, as you said, we only
have a small amount of money, so I would appreciate that you would come
before the Commission and tell us to give you some directions on which
way to go.
Ms. Gary: Mr. Mayor, Mr. Dawkins.
Mayor Ferre: Howard, I want to make it stronger than that. I want to make
a motion right here and now that Moore Park Tennis Program and all the
other recreational programs in Moore Park specifically, and the other
inner -City parks in general, that full services to these kids be immediately
made available, so that, we are heading into the summer now, kids will be
out of school, you have 50% unemployment in the ghetto areas with youth.
Good God! If we don't have these parks open and functional and ready
for all these kids, and I hope to God everybody goes and swims, and plays
tennis and ball, and I hope we have all the facilities available, as you
said, for these kids to have, because otherwise, I think, believe me,
I know we are short of $100,000. I am aware of that. But believe me, the
cost in crime and the cost... and I'm talking about the crime that the
black community is going to have to bear the burden of because that's
where it's going to happen. It's going to be a hell of a lot more than
$100,000. And so, I think that it is absolutely essential that we have
at least these facilities, I wish to God that we could solve the problem
of unemployment, but we can't. But we can certainly do our part in
keeping these parks open.
27 MAY 27 1982
sl
Mr. Gary: Mr. Mayor, I assure the City Commission that we will implement
a full scale summer recreational program, including Moore Park. I will
make whatever budgetary decisions that need to be made to insure that.... -
Mayor Ferre: Well, I want to make sure that the Commission goes on record,
and I want to move it as a motion, that the Commission instructs the
Administration to spend up to $100,000 if necessary, which I understand
the sum that is missing, to fully implement these recreational programs
in the inner -City.
Mr. Carollo: There is a motion, is there a second?
Mr. Dawkins: Second.
Mr. Carollo: There is a motion and a second. Hearing no further discussion,
may we have roll call?
The following motion was introduced by Mayor Ferre, who moved
its adoption.
MOTION 82-441
A MOTION OF THE CITY COMMISSION STIPULATING THAT THEY WOULD
NOT TOLERATE ANY SERVICE CUTS AT ANY INNER CITY PARKS;
FURTHER STIPULATING THAT RECREATIONAL PROGRAMS AT MOORE
PARK OR AT ANY OTHER INNER CITY PARK SHALL BE IMMEDIATELY
RESTORED SO THAT CHILDREN MAY USE THEM; FURTHER AUTHORIZING
AND DIRECTING THE CITY MANAGER TO EXPEND UP TO $100,000
TO FULLY IMPLEMENT RECREATIONAL PROGRAMS AS AFORE -STATED.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
ON ROLL CALL
* Mr. Dawkins: I'm going to vote yes. I want to also stress that the money
that is allocated for capital improvements for these parks, remain capital
improvements; that this money for personnel be found in other areas.
Mayor Ferre: Good.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: I'd like to capitalize on this opportunity to state that I
appreciate what Commissioner Dawkins has said and I hope that we take
that into consideration when we make budgetary decisions for 1983.
sl
W . 0
12. APPOINTMENTS TO THE CHARTER REVIEW BOARD.
Mayor Ferre: All right, now we are still on pocket items. Any other
pocket items?
Mr. Dawkins: Yes, sir.
Mayor Ferre: Mr. Dawkins.
Mr. Dawkins: O.K., let's see. first pocket item I have is that I was
asked quite some time ago to name a person to the Environmental Preservation
Board, so my first pocket item is to name Mr. Henry C. Alexander, Jr. to
the board.
Mr. Plummer: That's on the agenda.
Mr. Dawkins: That's on the agenda? All right, I have chosen ten names for
my Charter Review Board, and they are: Mr. Dewey Knight, Mr. Wellington
Rolle, Mr. T. Willard Fair, Mr. Bob Cason, Mr. Dick Rosichan, Mr. Harvey
Rossman, Mr. Xavier Suarez, and Ms. Marilyn Koonce. They will be reviewing
the Charter and making recommendations to me.
12.1. C011MISSIONER COM.PLIIIENTS CITY MANGER UPON UPGRADING OF
FIRE DEPARTMENT EMPLOYEE.
Mr. Dawkins: The last pocket item I have is, I would like to commend the
Manager on his upgrading of Mr. Jordan, in the Fire Department. It was
done without fanfare; without a whole lot of hullabaloo. In fact, no one
knew it was occurring until it happened. I'm pleased.
I'm also pleased that you are taking your time to select a black
Assistant City Manager. I'm hoping that you are searching for an individual
who has an M.B.A. or the equivalent of, or experience, and that you will
again choose someone as you did Mr. Jordan, who will be an asset to your
office, and not a liability. Thdnk you.
13. APPOINT r!R- JUVENAL PIMA AS CITY REPRESENTATIVE TO THE
SOUTH FLORIDA SPORTS AUTHORITY.
Mayor Ferre: All right, any other pocket items?
Mr. Carollo: Yes, Mr. Mayor.
Mr. Plummer: Mr. Mayor.
Mr. Carollo: J.L., do you want to go ahead?
29
MAY 2 71982
sl
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Mr. Plummer: Mine is quick.
Mr. Carollo: O.K., go ahead.
Mr. Plummer: It's very simply to remind you, Mr. Mayor, that we were today
to choose a City member to the Sports Authority. We were absent a member
at the last meeting.
Mayor Ferre: Oh, yesl
Mr. Carollo: There was a recommendation made for Juvenal Pina. If the
Mayor would like to make the motion.
Mayor Ferre: No, you go ahead and do it.
Mr. Carollo: I mace the motion for Juvenal Pina.
Mayor Ferre: Is there a second?
Mr. Perez: I second.
Mayor Ferre: There is a second. Further discussion on naming of Juvenal
Pina to the Sports Authority? I saw Mr. Pina here a little while ago. Is
he here? Is Juvenal Pina still here? Mr. Pina, why don't you step forward
before we vote on it. We have a motion and a second. Mr. Pina, I understand
that you are one of the owners of the Everglades Hotel.
Mr. Juvenal Pina: Yes.
Mayor Ferre: That you have been very active in the affairs of the City.
I have talked to several members of the downtown community, and they
thought that it was very important that the hotel industry be represented
in the Sports Authority with a downtown hotel. Since the vacancy we are
filling is Latin, that is of Raul Masvidal who has now been appointed by
the Governor as Chairperson, I think I just wanted to say that there are
going to be some very, very important decisions to be made in the next
few months that will greatly affect the future of the City of Miami.
Commissioner Plummer is on that board with you. I'm an ex-officio
member. I've asked Commissioner Carollo to be our representative on the
selection site for the downtown coliseum. So we have some very, very
heavy things coming before us. I assume that you are going to have the
time to serve in this, if elected you will be defending the best interest
of the City of Miami?
Mr. Pina: I do, sir. I do have the time for this Sports Authority.
Mayor Ferre: I don't mean to be critical of any member of the Authority,
but we have had a problem, which is very touchy, but sometimes some of
the people that we've appointed have voted for facilities to be put out
in the County, and perhaps not taking the City totally into account. I'm
sure that will not be the case with you, that you will represent the best
interest of the City of Miami.
Mr. Pina: My first concern will be the City of Miami.
Mayor Ferre: Thank you.
Mr. Pina: Thank you.
Mayor Ferre: O.K., are we ready to vote? Call the roll.
30
MAY 2 7 1982
sl
0
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-442
A RESOLUTION APPOINTING ONE INDIVIDUAL TO THE SOUTH
FLORIDA SPORTS AUTHORITY
(Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
ON ROLL CALL
* Mr. Plummer: I will be happy to vote for Mr. Pina and offer him at least
three tons of paper work so that he can catch up this week -end.
Madam Clerk, I would ask that you immediately forward to the Sports
Authority that Mr. Pina has been named by this Commission, so that he
can immediately be copied in on all of the correspondence.
Mrs. Hirai: Yes, sir.
Mayor Ferre: Matty, let me ask you a question. Do you remember whether
we formalized the appointment of Joe Carollo as our representative in the
selection?
Mr. Plummer: Mr. Mayor, I can answer that by telling you whether we did
or did not, they have already accepted and he is a member of that board.
Mayor Ferre: Thank you, sir.
sl
31 MAY 2 71982
Es
14. INSTRUCT CITY MANAGER TO INFORM CHIEF OF POLICE THAT CITY
COMMISSION IS AGA114ST ROAD BLOCKS ANYWHERE IN THIS CITY
EXCEPT MIDER EMERGENCY :ITUATIONS.
Mayor Ferre: Next pocket item.
Mr. Carollo: Mr. Mayor, I'd like to bring up the matter of the police
roadblocks that have been occuring in the City of Miami this week. As
the members of the previous Commission, yourself and Commissioner Plummer
and the Manager will recall, this is an area that we had problems with
last year. The Commission, at that time, expressed its views that we do
not want any type of roadblocks in the City of Miami. Mr. Mayor,
colleagues in the Commission, I am extremely disturbed and upset that after
the Police Chief was told by this Commission that we do not want to see
our motor men putting up road —blocks in the City of Miami, that again
those same actions have been done in our community. There were some
initial reports on this in the Miami Herald. I'd like to make some
corrections if I may. I am against police roadblocks in anv Dart of
our City. But I am more appalled to have found out that these roadblocks
were only being done in certain sectors of the City, namely, the Hispanic
sectors of the City of Miami and the black sectors of the City of Miami.
I think that this country was founded on freedom. We, as Americans,
are proud of the heritage of the country we live in. We have freedom that
no one else in the world has. I would expect to have seen the incident
that I saw in S.W. 8th Avenue and Flagler the other day, in a place like
the Soviet Union, Cuba, the Eastern Block countries, or any totalitarian
regime, but not in the City of Miami. There were eight motor men that
were assigned to stop traffic. They were asking to see drivers licenses
and checking for expired tags. I would imagine that if someone didn't
have a driver's license or had an expired tag, that's when they jumped
to check their car for faulty equipment, which was supposed to be the
main reason they were out there. Traffic was stopped for half a block.
I wonder, during the time those motor men spent there, eight of them,
the areas where they would have patrolled regularly, how much crime we
had in those areas, because maybe those motor men were not patrolling
those areas. How many homes or businesses were broken into? How many
cars were stolen?
Mr. Mayor, I don't think anybody would question my strong support
for police matters. I was a former police officer for almost four years
in this community. I think I've been the most outspoken person in this
Commission in favor of police officers. But I am not going to stand by
and let several people in our Police Administration use tactics that are
not appropriate for this community or this country. Hitler was the
Tnird Reich, and I haven't seen the Fourth Reich being instituted in 2liami..
Mr. Mayor, I want to make the feelings of this Commission clear to
the Police Chief. I want to make it in the form of a motion. That the
Manager express to the Police Chief that this Commission is going on
record against any type of police roadblock in this community, Rnywhore
in this community.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mr. Carollo: Well, Mr. Mayor, in times of emergencies, that's a different
situation. I am referring to strictly to roadblocks for the Purpose of
inspecting faulty equipment in vehicles, to check drivers licenses, and
expired tags. Our police officers can do that in their regular patrol
duties. They don't have to stop traffic for a half a block or more in
order to accomplish that.
Mayor Ferre: Joe, all I was asking is if you would amend your motion
to include the simple words: "unless under emergency situations."
Mr. Carollo:
situations.
That would be fine, Mr. Mayor, unless under emergency
02
MAY 2 71982
i
9
Mayor Ferre: All right, is there a second to the motion as made?
Mr. Perez: Mr. Mayor, could I ask him a question? I wasn't in the
Commission last year. I would like to know what were the reasons that
this program was discontinued last year.
Mayor Ferre: Let's go over the process here. The Governor of the State
a of Florida, after a very detailed investigation by the Department of
Transportation and the Highway Department, concluded that the inspections
of automobiles was not rendering proper returns; that it was too expensive,
too burdensome, and that there was a better way of doing it routinely
through the local community. In other words, that's what you call
New Federalism applied to the States. In fact, what they were doing
is putting the burden of the decision on the City and the County. Now,
the Chief has instituted a procedure that substitutes really what the
State was doing before. Except that it is being done in a way which I
think is somewhat offensive, to put it mildly, to the people who drive
automobiles. Especially, if those roadblocks are put strictly in the
Cuban and in the black community.
I think that Carollo's point is that... and I have to agree with him,
because it's a matter of basic principle. I'll give you a quote, Joe,
that you can use in the future, that I always like to use in issues like
this. It was a great philosopher in France by the name of Anatole France
great intellectual. One time he was worried about injustice about how laws
were not applied properly. He said: "I marvel at French justice, that
equally prohibits the poor and the rich from sleeping under the bridges
of Paris!"
Now, you know, I think that this is one of these laws that is equally
applicable to the rich and the poor, to the white and the black, and the
Latins, but it just happens to only affect the black and the Latin
community. I think that is something that we have to be careful of
in perceptions. My support of this, Mr. Manager, is not in any way
to try to interfere with police procedures or with your role as Adminis-
trator and Manager, but rather to preclude the unequal application.
I met with the Police Chief this morning on another unrelated issue.
My position is I don't mind the disciplining of the police troups, as
long as it is always fair and above board and equally applied. The only
problem I have is when the rules change for somebody because they happen
to be black or they happen to speak another language, or when the rules
are applied so that they affect one group and don't affect the other:
put roadblocks up in Little Havana and don't put roadblocks up in
another part of the City is very clear indication that there's not -
equal application.
Maybe the argument can be made that that's where the bad cars are,
because Cubans drive older cars or the black people drive.... and that
may be, maybe the black folk don't have the money to drive nice, brand-
new cars and maybe there are a lot of Junkers out there. But we're
trying to build up a consensus in the community; one way not to do it
is to set up these roadblocks that send off signals that are just unreal)
Mr. Plummer: Let me ask you, Mr. Mayor, because I understand what you
are saying and I understand what Joe is saying, but I don't see it as
being the same. Joe's motion speaks to no road blocks at all; and I'm
understanding you to say that road blocks if applied evenly across the
board as Joe said in the paper, Coconut Grove, Bay Heights, as well as
other areas .... bec ause the main concern that I have is, what is the
alternative to try and make our streets safe? and that is of concern to me,
because as all of us know, with no inspection stations now, where a person,
in the past had to bring his car up to snuff once a year, he is going to
let it slide. We have all seen the problems that are existing on our
streets. So what I'm really asking, Maurice, is the definition of your
position....
Mayor Ferre: J.L., let me tell you, I think you're right. I feel stronger
about the discriminatory aspect of the implication of discrimination on
this than the reality of it. however., I want to tell you something. A
couple of weeks ago, there were some roadblocks to stop drug pushers
coming in from the Keys. Now if there's anything that the average American
hates, it's got to be these people that are corrupting our country by selling
and trafficking drugs. I think most of us in this country... I cannot think
33
MAY 2 7 SEX
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Mayor Ferre: (CONTINUED) of somebody that I despise or hF-te more than the
i drug pushers of this world. Yet,there was such a cry of... everybody was
so upset! I am not a mass psychologist or anything like that, but I would
guess that Americans do not like the imagery of roadblocks and somebody
in a uniform stopping somebody to search them. You talk, for example,
the black community...... Miller, you tell me because I didn't live through
it, you did. I would iv.agine that there was nothing more degrading
20 or 30 years ago than a punch of uniformed men with a badge and a gun
stopping a black man to search him and frisk him, and that man had done
nothing. That was used a3 a form of intimidation.
I just think that roadblocks are things that rankle the soul, not only
of black Americans, but of all of us. We don't like roadblocks. We
don't like a uniformed guy stopping us to frisk us.
Mr. Dawkins: I have to concur with Commissioner Carollo, in that I was
called also. The road block, for a lack of a better word, was instituted
at 17th Avenue and 54th Street. Not only did they hold up traffic. I must
congratulate them, they were trying to do it in an orderly manner. But
the vehicles that they were ordering to the side to be inspected, were
ordered on to the premises of a big Dairy Queen, which meant that the
person. who was running the Dairy Queen's business suffered because you
have all these cars there and these individuals cannot shop. But there
again I have to be in tune with the intent. But there is no reason that
these checks cannot rotate hourly. If you are not 17th and 54th Street at
9:00 o'clock, there's no reason why you cannot be at Flagler and N.E.
2nd Avenue at 11:00 o'clock; and Brickell Avenue and something at 12:00
o'clock; and you don't tie up one community all this length of time if
we have to have these inspections.
Now, we cannot sit here and play ostrich and put our heads in the sand.
Those of us who drive, we see vehicles that we really and truly don't
want to see on the streets. So how do we get them off the streets? I
don't know.
Mr. Plummer: That's the question I'm asking.
Mr. Dawkins: I have to agree with Commissioner Carollo. Don't single out
two communities only to inspect cars in.
Mr. Carollo: But the point that I was trying to make is that those
vehicles that are in that bad of a shape that are visible to any of us,
are also going to be visible to a regular patrolman out on the streets
doing his regular patrol. There is nothing at all that would preclude
that patrolman from stopping that particular individual and check his
equipment and if he has faulty equipment. cite him. But the way of doing
this is not by stopping hundreds and hundreds of people in a road block.
My God! This is America! This is not a totalitarian regime! The same
excuse that the Chief has given for doing this can be applied then for
police officers for going house to house and doing checks without
warrants? Where are we going to stop from there then?
Mr. Perez: Mr. Mayor, I would like to point out something. About a
month ago we approved a motion in order to enforce the rules against
vagrancy. I would like to propose today to appoint a commission from
this Commission....
Mayor Ferre: Can we take that up as the next subject because we're
still not finished with this one ?
Mr. Perez: No, it's in reference to this subject. Sure. That's a
reference that I would like to make only. I would like to propose,
if the Vice -Mayor doesn't have any inconvenience, to appoint a com-
mission, a tri-ethnic commission from this Commission that the Vice
Mayor can preside that commission, in order to meet with the City
Administration and the Police Department in order to make a formal
recommendation on this issue for the neat Commission meeting. And
maybe that we adopt, that we support what Vice Mayor Carollo proposed
today until we adopt a final resolution at the next Commission meeting.
34
MAY 2 71982
0 9
Mr. Carollo: Commissioner Perez, we could open up the Orange Bowl if you
like, and have an open house for everybody in Miami to come in and express
their views. I have no objections to that. What I do have an objection to
is that the citizens of this City, and in particular Hispanics and black
citizens,to be harassed the way they are being harassed now. I don't want
to see another roadblock for the inspection of faulty equipment, driver's
license, or tags anymore in this City. I live here. The Police Chief
doesn't. The Police Chief, when he is done and gets his paycheck, he
goes way down to South Dade in a very nice, plush, upper -middle income
neighborhood. He doesn't have to live here with us peons. So he does
not care what happens here after he leaves. I do! My wife and kids live
in this -City. They go shopping in this City; they have to go in our roads.
His don't, mine does.
So, now that we have a full Commission, the motion that I have made,
and after that I would be willing to hear any motion that you would like
to make about a committee or a sub -committee or what have you, is that
we express to the City Manager, who is hearing me right now, the feelings
of this Commission. That this Commission wants him to carry the message
to the Police Chief. That this Commission is going on record against
any roadblocks for the purpose of checking drivers' licenses, auto tags
or faulty equipment, unless we have an emergency -type situation,where you
have a civil disturbance, a hurricane, and people are looting or something
of that sort.
Mayor Ferre: There is a motion; formally I cannot accept any discussion
until we have a second. There is a motion on the floor. It has been
properly explained. Is there a second to the motion?
Mr. Perez: Mr. Mayor.
Mayor Ferre: For the purposes of seconding?
Mr. Perez: But I'll make an amendment to that motion....
Mayor Ferre: You can do it after you second it; then make your amendment.
Mr. Perez: I second.
Mayor Ferre: All right, there is a second. Now I recognize Commissioner
Perez for the purposes of making an amendment.
Mr. Perez: I support the motion pending for what I mentioned at the
beginning: that we appoint a commission from this City Commission in
a tri-ethnic representation in order to deal with the City Manager's
office and the Police Department to make a recommendation on this
issue for the next Commission meeting.
Mr. Plummer: Excuse me, Mr. Mayor, speaking to the amendment, I think
that it is only proper, and I think maybe this would do for both, that
during that subsequent period of time, that no more roadblocks take
place until this Commission has taken further action.
Mr. Carollo: No, that is not acceptable to me. If Commissioner Perez,
or someone else in this Commission wants to have a committee to look into
this any further, then they should make that in a separate motion. My
motion is simply that these roadblocks be stopped now. That this will
be the expressed feelings to the Police Chief, going through the City
Manager, of how this Commission feels.
Mayor Ferre: I'd like to recommend, perhaps a solution to this dilemma.
I think we are getting to the semantical question. Because what is the
difference whether we say that it will stop until, or just stop and
then have a commission. Just so that we don't get into a divided problem
here....
Mr. Perez: We can make two different motions.
Mayor Ferre: That's right, let's vote on Carollo's motion. After that,
I will recognize you for making a motion to study this issue and come
back with a specific recommendation after this has been discussed with
the Manager. Is that acceptable to you? All right, then you withdraw
35 MAY 2 I982
0
Mayor Ferre:(cont'd): your amendment and I'll recognize you in a
moment to make your motion. Mr. Manager, would ok you like to gay anything
before we vote on this?
Mr. Gary: No, sir, I'll give you some information by way of a memo explaining
the reasons for the roadblocks and why we think that they should be done
on a selective basis.
Mr. Plummer: Well, wait a minute, that's fine! After we vote, you're going
to tell us why we should have voted the other way; is that what your're saying?
I'd like to know what your thoughts are on the matter.
Mr. Carollo: I'd like to know why, Mr. Gary, I have a memorandum from you,
besides what you expressed to me verbally, last year, and just last night,
that you were not in favor of those roadblocks. Now it seems you might
be saying something different.
Mr. Gary: No, I think, in terms of roadblock, Commissioner, is that we
do have a responsibility and I think the fact should come out and then the
City Commission should make a decision. The facts are: number one, that
Governor Graham and the State Legislature have advocated their responsibility
and have placed such responsibility under local jurisdiction for making
sure that vehicles are safe. With regard to the particular roadblocks in
themselves, Commissioner, those road blocks are not selected based on a
given area. All this information I have just received from the Police
Department. We have selected areas where the flow is considerable, whereby
people who travel on these particular streets even though it is in a
particular neighborhood, are not just people of a particular ethnic
background. The locations that we had....
Mr. Carollo: That the flow... let me say this to you, Mr. Gary, I was
there on Flagler and 8th Avenue, and this neighborhood is 98%
Hispanic, 98%. The flow in that neighborhood, just by looking at the
faces, you could tell that at least 80% to 85% were Hispanics. Maybe
this is the erroneous information that you are getting from the Chief
of Police. What I am saying is the following and I don't want to
deviate from it. I am saying that I am against this totalitarian -type
action in any neighborhood of the City of Miami. But I am even more
appalled that it was done only in Hispanic and black areas.
Mr. Dawkins: I think, Mr. Manager, that the flow of traffic, in my opinion
and I think that Commissioner Carollo will agree, is irrelevant. It's the
inconvenience that is caused to people in the area by this: cars backing up
and what have you. So, I agree with you. One third of the people who
travel through 54th Street are non -black, but the inconvenience to the
area! Like I said, I would have no problems with this, if I had seen one
on Brickell Avenue. But the minute you get on Brickell Avenue, somebody
is going to scream to high heaven and it will be stopped.
Mr. Gary: Well, before I was interrupted,...if I could... the areas that
we have selected... I'd like to give you some of those areas just to give you
some idea that it is not selected just for blacks and Latins: South Dixie
Highway and S.W. 27th Avenue; Biscayne Boulevard and N.E. 36th Street;
South Dixie Highway and 37th Avenue....
Mayor Ferre: Are those in the future, Howard, or were those actually done
from the beginning?
Mr. Gary: No, no, these are the future. Let me just....
Mr. Plummer: But most of them were published in Sunday's paper.
Mr. Carollo: In the future, after the facts.... None of those there were
published in Sunday's paper, sir.
Mayor Ferre: Well, go ahead, Howard.
Mr. Plummer: There were seven, I thick, locations.
Mr. Carollo: None of those there were.
36 MAY 2 71982
0
Mayor Ferre: Is that after the fact?
Mr. Gary: This was published in the Sunday paper.
Mr. Plummer: Are you reading from the article?
Mr. Gary: .Yes, I am. I think the point of what I'm trying to say is that
there is a need that,. it is not selected on a discriminatory basis, and I think
it can be done with a minimum of inconvenience. Obviously, in order for
us to accomplish some good in terms of crime or anything else, sometime
the good has to be inconvenienced for the bad. I think what we probably
need to do is, and I support the committee that is being recommended, is
that first of all highlight the need. Secondly, develop a program to
address that need to solve that problem and hopefully, that program that
we develop will create a minimum of inconvenience. I just wanted you all
to know that it's not done on a discriminatory basis. It is not done in
terms of a particular ethnic group. We do have a responsibility that we
have to address.
Vow, my concern when I talked to Commissioner Carollo is that the first
time we had done it was on Coral Way. The second time, again on Coral
Way, and I became alarmed that while we were always doing it in Coral way,
that would give the perception that we were only dealing with Hispanics.
Mr. Carollo: Howard, excuse me, a slight correction. Coral Way, 8th
Street, and Flagler were the only times it was done last year. Strictly
Little Havana.
Mr. Gary: And I support you, Commissioner Carollo, in having that concern;
because I have that same concern too when it becomes, it appears to be
discriminatory.
Mr. Carollo: If I may make another slight correction that has to be
corrected before you can proceed with your defense of the Police Chief.
Howard, this is another prime example of what burns me up. That every
time the Police Chief says something, nobody wants to slap him in the
hands. Again, the information you are telling me that you read from
paper is not the same information the paper states. If maybe you had
read it a little slower, you wouldn't have been so quick to as to jump
and defend the Police Chief, maybe you would have read what was here.
Those areas that they are talking about, that happen to be in white-
Anglo-Saxon neighborhoods, were not areas where police roadblocks were
going to be put into effect. These were areas that have the highest
percentage of accidents in this City. What was going to be done there
is something I have nothing against, and it should be done. We were going
to send, on different dates, additional officers to patrol those areas
for people that would run red lights, that would not follow the traffic
rules and regulations. I have nothing against that. But roadblocks,
no, sirl You can read the article. You will see that these areas that
you mentioned, there were no roadblock plans for those areas. And I'li
give it back to you so you can read it again.
Mr. Gary: Sure, I'd like to respond to that. Regardless of what the
article says, as I said to you earlier, one of the criteria that we used
to ensure that the roadblocks occur on those areas where there is a
high volume of traffic. Regardless of what the article says, roadblocks
were going to be in those particular areas. As I said before, I think we
need to address the problem in terms of what the extent of the problem is.
Secondly, that we ought to make sure that it is not discriminatory, because
that was my concern when we talked before, because it appeared to be in
the same areas. After I received the additional information, I found
that we also had other areas. Thirdly, if we decide to implement a program,
it should create the minimum inconvenience. I don't think that we may
want to make a decision at this time that we stop road blocks forever.
I think that we should discontinue them until we have an opportunity to
establish a committee and sit down with the City Commission and provide
them with the facts before.we make a final decision. That's the only
thing I'm saying.
37
MAY 2 71'98Z
r
Mayor Ferre: All right, we're ready to vote now. Let me just say, for the
record, that I'm going to be voting with the motion, but I will also be
voting with the motion that Demetrio Perez will be making next to establish
a committee from this Commission to sit down with the Manager and the
Police Chief and go over the details and come back and report and we will
revisit this issue at the next meeting. All right, further discussion?
Call the roll.
Mr. Carollo: Mr. Mayor, let me repeat my motion to make sure there is no
misinterpretation from anyone in the Commission. The motion is to instruct
the City Manager to express this Commission's....
Mayor Ferre: No, no, no, not to instruct....
Mr. Carollo: To instruct the City Manager to express to the Police Chief....
Mayor Ferre: Cannot do that.
Mr. Carollo: ....this Commission's position. We can instruct him to express
our position. We are not instructing him to tell him to do it.
Mayor Ferre: Oh, O.K., I understand, sorry, you're right.
_ Mr. Carollo: That this Commission is not in favor of any roadblocks for
the purpose of stopping people of our City for the inspection of driver's
license, auto tags, or faulty equipment vehicles. That can be done by
regualar police patrols, during regular police patrol time. That is the
essence of the motion.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who
moved its adoption.
MOTION 82-443
A MOTION OF THE CITY COMMISSION INSTRUCTING THE CITY MANAGER
TO INFORM THE CHIEF OF POLICE THAT THE COMMISSION GOES ON
RECORD AS BEING AGAINST ANY TYPE OF POLICE ROADBLOCK ANYWHERE
IN THIS COMMUNITY, ESPECIALLY, FOR THE PURPOSE OF CHECKING
FRIVERS LICENSES, AUTO TAGS, OR FAULTY EQUIPMENT, EXCEPT
UNDER EMERGENCY SITUATIONS.
Upon being seconded by Commissioner Perez, the motion was passed
and adopted by the following vote:
AYES: * Commissioner J. L. Plummer, Jr.
* Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
ON ROLL CALL
Mr. Plummer: I'm going to vote with the motion because I'm going to vote
with the next motion also and it doesn't preclude changing the first motion.
What I think is necessary is that we stop the action until this committee in
fact meets and comes up with.some other alternative. Because the intent of
what we are trying to get accomplished of Bettina those dangerous automobiles
off the road is most important. I think there is the need to establish
some other procedure. I hope that this committee will be able to do that,
so that at that time we can vote in a formal motion of a lasting policy.
•
MAY 2 71982
i 0
Mr. Perez: I vote with the motion, pending for the other motion also. I
vote yes.
DISCUSSION OF THIS ISSUE CONTINUES HEREINBELOW.
14.1 CREATE TRI-ETHNIC COMMITTEE TO EXPLORE ALTERNATIVE
METHODS re: THE PROPEF. INSPECTIO11 OF VEHICLES /C0121ITTEE
APPOINTED BY THE MAYOR.
Mayor Ferre: Now Commissioner Perez, make your motion.
Mr. Perez: I propose to create a commission from this....
Mayor Ferre: A committee.
Mr. Perez: ....a committee from this City Commission, tri-ethnic Commission,
in order to discuss with the City Manager and the Police Chief the future
step on the roadblock issue.
Mayor Ferre: Could you change the word roadblock and perhaps substitute
instead the words: "the proper inspection of the conditions of vehicles"
so that we don't get into the road block issue.
Mr. Perez: That's right, that's right.
Mayor Ferre: See, the point is, that what we are talking about is the
conditions of automobiles that are being driven in the Miami streets, not
road blocks, that's a secondary issue.
Mr. Perez: That's right, that's right, that's right, that's my motion.
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Plummer seconds, further discussion?
Mr. Carollo: Yes, Mr. Mayor, Commissioner Perez, there are three logical
ways, or actually three logical solutions that can only be proceeded in
this situation. One would be to have the County or the State reinstitute
the inspection offices that we used to have. The State could do it, or if
not the County can take over, if they so wish. That is one solution.
The other solution is for police officers to do what they have been doing
up to now and are still doing: if they see a vehicle in the street, that
obviously has faulty equipment, by law they every right to stop that
vehicle and cite the driver of that car. Or third, to go with the road
block system that we have now. Which of those three areas do you propose
that the committee goes into and study?
Mr. Perez: All three, I....
Mr. Carollo: I want Commissioner Perez to answer me, Mr. Mayor.
Mr. Perez: I don't propose a specific plan. What I propose is that this
tri-ethnic commission discuss with the City Manager and the Police Department
the different alternatives, and make a recommendation for the next Commission
meeting. I think we already made a statement in referece to the roadblocks
mentioned in the motion that we approved, in your motion, but what I am
looking for is a full recommendation from this committee for the next
Commission meeting. That's all.
Mayor Ferre: All right, anything else?
39 t9
MAY 2 7 8Z
Mr. Carollo: No, Mr. Mayor, nothing else.
Mayor Ferre: Call the roll.
The following motion was introduced by Commissioner Perez, who
moved its adoption.
MOTION 82-444
A MOTION OF THE CITY OF MIAMI COMMISSION CREATING A
TRI-ETCHNIC COMMITTEE FOR THE PURPOSE OF EXPLORING
AND DISCUSSION ALTERNATIVE STEPS TO BE TAKEN REGARDING
THE PROPER INSPECTION OF VEHICLES IN ORDER TO ASSURE
THAT THEY ARE IN PROPER AND SAFE WORKING CONDITIONS
AND SAID COMMITTEE TO INCLUDE THE CITY MANAGER, THE
CHIEF OF POLICE AND REPRESENTATIVES FROM THE CITY
COMMISSION.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
* Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
ON ROLL CALL
Mr. Carollo: I think I made my feelings more than clear in this meeting. I will
go with the motion, because I don't want anyone to have the opportunity
to say that I am being unreasonable. There are only three ways that we can
go about it. This Commission voted one of those ways now, the only logical
conclusion that I could reach, that a committee might do, I think that five
minutes would be more than ample time for any committee to make up its mind
to ask the County and/or the State to reinstitue the auto inspections and
to allow our officers to do what they have been doing and stop traffic
violators for faulty equipment in individual cases.
14.2 MAYOR FERRE APPOINTS MEMBERS TO THE TRI-:-:TMIIC
COMMITTEE FOR I1ISPECTI011 OF VEHICLES.
Mayor Ferre: I would like to now appoint the committee. The committee
will be constituted of Commissioners Dawkins, Plummer, and Carollo. I'd
like to ask Commissioner Carollo, who has had the interest to bring this
matter before us, to chair that committee and call the other members. Mr.
Manager, if you would please arrange for the appropriate staff... after
you have written your memorandum with your recommendations as to how we
can solve the problem. There is a problem. It must be addressed. The
question is how.
Mr. Carollo: Mr. Manager, since some of us are going to be out of town,
in fact, the majority of the Commission will be out of town starting
this week -end. I would suggest that we hold this meeting tomorrow morning
at eight o'clock sharp, and I would suggest that we....
Mr. Plummer: I'm leaving tonight.
Mr. Carollo: You're leaving tonight? O.K., well, we're going to have to hold this
40 MAY 2 71982
0
' Mr. Carollo (cont'd): meeting the minute we arrive back. It's not
going to be able to be until I would say the....
{ Mayor Ferre: Why don't you make it the 11th? June the 11th.
Mr. Carollo: June the 11th would be a good day. That's about the only
time we can do it in.
Mayor Ferre: Is that acceptable to you Plummer?
Mr. Plummer: I'll have to check, Maurice, I have no idea...
Mayor Ferre: Is that all right with you?
Mr. Carollo: If you could choose an appropriate time that would be
convenient for all members of the Commission, after you check with our
staff, and I would suggest that he meeting be held in neutral grounds.
-If you understand what I'm saying.
Mr. Plummer: Let's call Ocala.
Mr. Carollo: Not the Panhandle.
15. CITY COMISSION C011GRATULATES CITY MANAGER ON BIRTH
OF NEW SON.
Mayor Ferre: We must move along now, and I would like to....
Mr. Carollo: Mr. Mayor, I have another area that....
Mayor Ferre: Before you do that, I have a pocket item. I would like to
make a motion congratulating the City Manager for the birth of a new son
and to hereby appoint him as Assistant to the Manager....
Mr. Plummer: Dawkins finally got his black Assistant Managerl
Mr. Dawkins: At one dollar a year too!
Mayor Ferre: At one dollar a year....
Mr. Plummer: Little did we realize why Gary was holding off!
Mayor Ferre:...so that this will be official and we will get somebody as a
regent capacity to function until he comes of age, in his official duties,
and we will come up with that name subsequently. And I so move.
Mr. Dawkins: Second.
Mr. Carollo: Third.
Mayor Ferre: O.K., all those in favor say "ayell
(UNANIMOUS RESPONSE FKOM THE COMMISSION)
Mr. Plummer: No, I'm opposed to the dollar.
(LAUGHTER)
Mayor Ferre: That's our conservative on the Commission. Mr. Manager, the
Commission, all of us, jointly want to congratulate you on the birth of your
son. We share with you this great joy and we wish your son and your wife
and you and the rest of your family much happiness and may he have a long
and prosperous life.
Mr. Gary: Thank you.
41 MAY 2 ? 1982
16. DISCUSSI014 IN CONNECTIO11 WITH ALLEDGED DISCRIMINATORY
PRACTICES WITHIN THE POLICE DEPT.
Mr. Carollo: Mr. Mayor, I have two more pocket items.
Mayor Ferre: Yes, sir.
Mr. Carollo: Mr. Mayor, the next pocket item that I'd like to discuss
before I make a motion, has to do, again, with the Police Department,
unfortunately. Mr. Mayor, I share the concern that a lot of people in
this community of the problems that have arisen at this point in time
in coming to light inside the Police Department. I'm greatly concerned
that a large number of police officers are voicing their opinions that
they feel there are discriminatory practices inside the Police Department.
They feel that they are not being dealt with in a just manner. I want to
give those officers and our Police Chief every right to express their
feelings, and if they can, work out their differences. But what I'm
seeing is that we're having a department that's being split in all kinds
of factions, and I'm seeing that our Police Department is not functioning
anymore as a police department, it is functioning with private armies,
A -team, B-team, m4ybe C-teams.
Mr. Mayor, I don't think that now is the time to get deeply into this;
we don't have all the people that we need to have before us, nor do I
think they have the time to prepare the information and answers that they
are going to have to provide to this Commission. What I would like to do
in the form of a motion is to request that at the very next Commission
meeting, the first item in the agenda, right from the start, the
minute we start the Commission meeting, that we have the Police Chief
come before the Commission. That we have representatives from the F.O.P.
and all aggrieved parties that would so like, come before the Co=ission,
so that we can get this matter cleared out and get some answers as to
what is happening inside our Police Department.
I am sorry to have read something in the Miami Herald, and I hope that
it was a misquote, where it quotes our Police Chief as saying that: "going
through the media is not one of them," refering to the proper ways that
these officers can express their feelings and grievances. Then he says:
"going through the politicians is not one of them." Well, I could understand
if he expresses his feelings and says: going through the Commission is
not one of them." I hope I'm wrong but I kind of think he was trying to
insult us.
We're going to talk about politics. It's evident, I don't think
anybody in this Commission wears hair spray the minute the cameras start
rolling. We're going to talk about politics, let's lay politics down the
line.
Mr. Mayor, Commissioners, Mr. Manager, this is a heck of a serious
problem that we have in our department. You have a group of Hispanic
officers that have approximately 160 to 170 members. You have a group of
black officers that have approximately 100 members. That's pretty close
to a third of the police officers out on the streets right now that are
being represented by these people. But, if that were only the case...
the case is that I have been receiving as many complaints and complaints
based on these same allegations that these officers have lodgea
from a heck of a lot of white officers, native white American otticers,
which tells me that the problem is wide spread into many areas of the
Department and our Police Department cannot function like it should with
these problems brewing and ready to explode.
So what I would like to make in the form of a motion is that this
Commission make a request for the Police Chief and the proper other parties,
including representatives from the Unions, to appear before this Commission.
Mayor Ferre: That doesn't have to be in the form of a motion. You have
that right as a member of the Commission.
42 MAY 2 71982
Mr. Carollo: Mr. Mayor, we won't make it then in the form of a motion, then,
I would just request that from the City Manager; and if any member of the
Commission feels differently, so let them speak or forever hold their
breath.
Mayor Ferre: All right, let me explain my position on this, so that we
understand each other. There are... and I'll do this very quickly. There
are four issues that are involved in the Police Department problem. One
is the hiring of minorities in the Police Department. I think we have
overcome that, we are hiring over 80% thanks to the change of the hiring
procedures as part of the Civil Service rules change that came about '
almost three years ago. In the last two years we've hired 80% minorities
and women in the Police Department.
Second problem is upward mobility. Mr. Manager, as you may recall,
about a year or a year and a half ago, there were some sergeants and
then subsequently a lieutenant promotion. Promotions bypassed a whole
series of minorities. In other words, in the 15 people that were approved,
there were eight Latins. Number one, two, three, four, five, and six
Latins were skipped and the Chief chose to promote number seven on the
list. It was my contention at the time that that was an abuse of the
Consent Decree because in effect we were taking the Consent Decree to
promote minorities, and the Chief was in effect using it to promote
people that were acceptable to him. Now, he defeded it very well. He
came up with 18 criteria.
I talked to Wally Rodak, who is here today, yesterday, and he said
that's been basically negotiated out. As you may recall, J.L., about
seven or eight months ago, Wally stood right there, you were on the Com-
mission by then, and we, the Commission said: "Wally, you, the Union, go"
negotiate with the Department, and you come back and solve this problem;
because it was the Union who was saying that they did not accept the
procedure." Now that is proper. Now, yesterday, Wally said: "Well, we've
worked it out, and we haven't..." I called up the Chief, but he wasn't
available." Bob Warshaw told me: "We worked it out, but we don't have
it in writing yet, but we're working along according to the spirit..." Spirit,
what spirit? I don't know what that's all about. What is this spirit?
As far as I'm concerned that is a stall.
Now, I want that put down in black and white. I want to know what the
policy of the Department is, and want to know how it works, and I want, Wally,
you and your attorney to come here and tell me that you accept that. That
this is something —Not now, Wally, Not now ... when we have this hearing.
You have a month to put this down in writing, and then you come and tell
us if you come to an agreement on it.
The third issue that we have before us is the issue of unfair punishment
or of selective punishment of people for dicipline purposes. The issue
before us is very complicated. One is, what is the policy of the Police
Department in diciplining the troops, which is not very clear. Two, is the
policy fair? Three, is it being equally applied? That is an issue that
this Commission needs to get into.
The fourth area that I think that we need to get into is the general practice of
the perception in some parts of this community, not everywhere, some parts
of this community that the brass (the brass means the decision -makers in
the Police Department) not just because you happen to be a major or an
assistant chief does that make you part of the inner circle of the decision
making process. Are the decision makers making decisions that are by-passing
the intentions of this Commission to be fair and open and accessible to all
members of this community, be they black or white or Latin or whatever.
Those are the four issues. I think those are the issues... the last three
are the three issues that I think, if Mr. Carollo would agree, that we should
expand this to cover those three basic issues.
Mr. Carollo: Well, I think those are the three main important issues that
we should cover for the meantime, with the exception of one more that I'd
like to include.
Mayor Ferre: Go ahead.
43 MAY 2 719"
r
Mr. Carollo: That is the area of "favoritism" in the Police Department. I
want to find out who is in the A -Team, who is in the B-Team, and why?
Mr. Manager, I think that the Mayor has made his position clear. I have.
Other members of the Commission can now express their opinion. The minute
they do, I'm going to make some additional requests on information that
I'm going to require by the very next Commission meeting.
Mayor Ferre: All right, any other members of the Commission want to express....?
Mr. Plummer: I want to hear from the Manager.
Mayor Ferre: All right, Mr. Manager. No, wait, wait! Demetrio, do you
want to say anything?
Mr. Perez: I want to hear from the Manager, but I think....
Mayor Ferre: Miller, do you want to say anything? All right, go ahead,
Mr. Manager.
Mr. Gary: Mr. Mayor, we operate in a democratic system....
Mr. Carollo: We think we do, but we haven't been.
Mr. Gary: ....in this country and also in this City. We have formal
agreements which have been mutually agreed upon by both parties, the Unions
and the City. A lot of those agreements were fought vigorously by the Unions
and one of those deals was how we deal with grievances to insure that the
employees rights are protected. It is my strong opinion that it would not
be constructive for us not to follow those agreed upon processes which
address grievances that exist among employees.
Mayor Ferre: Agreed, that's not what we're talking about.
Mr. Gary: If I could continue. I think that creates havoc, disorder, and
instead of solving the problem, the problem is heightened. I would recom-
ment that the City Commission permit me and the Police Chief to sit down
with those particular Union representatives to try to resolve those problems
before we get to a public forum, which in my estimation may not end up in
any kind of constructive resolution.
With regard to the policies that exist within the Police Department,
I think that it would be appropriate for us to bring that to the City
Commission for your review. I don't think that it is appropriate, however,
that the Unions have a right... I shouldn't use right... the Unions be
permitted to come here to discuss those without going through the appropriate
procedures that we have established. I think it is important to realize that
the Union contract not only protects the Union and the employee, but also
protects the Administration and the City Commission, and the citizens to
insure not only that there is some order in terms of dealing with employees,
but that there is some order in terms of the Administration's right to
administer. So I would suggest that you provide me with that opportunity
prior to having any kind of public forum which I don't think would lead to
any constructive... at this particular time, without giving me the opportunity
to resolve the problem.
Mayor Ferre: Howard, I agree with everything you said, and I don't think that
it precludes anything that Commissioner Carollo and I have said. One does not
preclude the other. I am concerned about your last statement. Wally, I
was hoping to avoid bringing you... and Bob, would you step forward to the
microphone? I want to make sure that we don't start here a precedent that
is going to get us in serious trouble.
Mr. Plummer: Well, you've opened the door.
Mayor Ferre: The City of Miami Commission, and Plummer has been here for
twelve years, and I've been here for eleven years.....I guess
more than that, I've been here for twelve years; three years as Commissioner
and now nine as the Mayor. I want to tell you that in those twelve years
I do not recall one single occasion when you and your predecessors, as
head of the Union, have been precluded from coming to this Commission to
discuss issues of policy that affect the Police Department. I don't want
to set that precedent now, and that's why I need to... I'm not challenging
44 MAY 2 71982
Mayor Ferre (cont'd)..... your statement, Mr. Manager, I'm just saying that
that's not historically true and that the Union has always had the opportunity
and that microphone is always open for any discussion they want to have. And
this is not a by-pass of the system because we do have a contractual
agreement, but that contractual agreement does not preclude on an issue
where the Commission involves itself on a policy ratter, from asking them to
be present and state an opinion. Am I correct in that, Wally?
Mr. Wally Rodak: You are absolutely correct.
Mr. Plummer: Let me tell you where that falls apart, in my estimation.
Mr. Mayor, one of the things that I see in one of the letters that I have
received. There is an internal problem, but I see an internal problem in
the Unions.
Mayor Ferre: That's their problem!
Mr. Plummer: No, no, no, no! That's why we're here, O.K.?
Mr. Carollo: No, that's not why we are here.
Mr. Plummer: The F.O.P. is the recognized bargaining agent for the Police
Department through P.E.R.C. with the Labor Department.
Mayor Ferre: Nobody challenges that.
Mr. Plummer: O.K., yes it is being challenged.
Mayor Ferre: Who challenges it?
Mr. Plummer: The Hispanic officers and the black officers are challenging
that they do not represent them.
Mr. Carollo: Plummer...
Mr. Plummer: Let me finish, please, Joe.
Mr. Carollo: Please finish.
Mr. Plummer: Isn't it strange that we are discussing that here today, and
if I can believe the morning newspaper, I read with interest that the same
group of approximately... I think it said 100... in Metropolitan Dade County
has walked out of the bargaining agent, that which is recognized... of
course, theirs is a little bit more binding, their insurance is through
that Union Agency. But I think what we really are seeing here is that
there is a problem that the Hispanic officers want to represent themselves;
and I don't know that I have a problem with that.
Mr. Carollo: That's completely untrue, J.L., and you know it.
Mr. Plummer: Joe....
Mr. Carollo: Completely untrue!
Mr. Plummer: Well, you know....
Mr. Carollo: That's what Mr. Harms wants to create....
Mr. Plummer: No, I....
Mr. Carollo: .... so that he can divide the Department down the line
along ethnic and racial lines. And I resent your saying that; because the
Hispanic officers have at no time whatsoever have stated that they want to
form their own group. On the contrary....
Mr. Plummer: They have.
Mr. Carollo: ....they have stayed within the F.O.P. and they are paying their
dues. Are they not, Wally?
45 MAY 2 71982
Mr. Wally Rodak: They are paying their dues, yes.
Mr. Carollo: So that is correct.
Mr. Plummer: Are they.... ?
Mr. Carollo: Furthermore, is it true or not that a member or members of
the Hispanic Association of Police Officers gave you copies of whatever
grievances they had?
Mr. Roedak: Yes.
Mr. Carollo: I think that makes it clear now that they are trying to work
within the structure that they have. Maybe they might not be appraised
completely of what all the laws are. I don't think any of those people
are attorneys, and neither are you, Plummer. But at the same time I think
they are doing the best they can to work within the F.O.P. I have personally
been told by officers from this organization they want to work with the
F.O.P. It really hurts me to see that, for the sake of divide and conquer,
people are purposely trying to create havoc and divisiveness along ratial and
ethnic lines. My God! This is sickening! This is why I stated that a lot
of those same complaints, that some of these Hispanic and black officers
have lodged, are the same complaints, that I'm hearing from a lot of white,
American -native officers. So I don't think it's just a problem of blacks
and Hispanics, even though the ones that are getting shafted the worst
right now are black and Hispanic officers.
Mr. Plummer: Mr. Mayor, I would like to continue, I let Joe go ahead.
Mr. Carollo: As long as you stick to the facts, go ahead, J.L.
Mr. Plummer: I'd like to, Mr. Carollo, if you'd give me the opportunity.
Mayor Ferre: All right, go ahead, Plummer.
Mr. Plummer: Mr. Mayor, I am in receipt of a press release. I fail to find
anywhere on this press release, where the Fraternal Order of Police, the
recognized bargaining agent, name or signatures there attached are here.
There are none.Mr. Rodak's signature does not appear on here. I don't
know that Mr. Rodak, as President of that F.O.P., is in concurrence with
this press release, are you, Mr. Rodak.?
Mr. Rodak: No, I'm not.
Mr. Plummer: All right, so in other words, the F.O.P. did not endorse this
press release?
Mr. Rodak: No, sir.
Mr. Plummer: Nor its contents?
Mr. Rodak: I got a copy of that late last night, I did not endorse that.
Mr. Plummer: O.K., now, you see, it's not a matter as to whether or not
they want separate groups. There are separate groups. This is titled a
"PRESS RELEASE BY THE MIAMI COMMUNITY POLICE BENEVOLENT ASSOCIATION....
Mayor Ferre: A social group.
Mr. Plummer: ....AND THE MIAMI POLICE HISPANIC CONFEDERATION."
Mayor Ferre: Another social group.
Mr. Plummer: Social groups when they are calling for the elimination of
the Police Chief? Is that social?
Mayor Ferre: Absolutely! They can... any group... the United States of
America, and a group, whether it is made up of an individual or a hundred,
can express any kind of opinion they want to and you can't preclude them
from doing it.
46 MAY 2 719O2
0 9
Mr. Plummer: I wouldn't.
Mayor Ferre: Now Plummer, I wasn't talking about the legality....
Mr. Plummer: I wouldn't....
Mayor Ferre: .... of this issue. I mean for you to try to gag a group of
black and Cuban police officers on this issue is totally unacceptable!
Mr. Plummer: Mr. Mayor, if you and Mr. Carollo would let me finish, I
would try to tell you what I'm trying to tell you. I did not interrupt
you. I did not interrupt Mr. Carollo. Taking a half statement is surely
understood to be a gag. When you only have 50% of what I'm trying to say...
I told you before if you would have listened! I don't know that I have
any problem with the Hispanic officers forming their own group. The
black officers have had their own group. What I'm saying to you is that
there are in fact procedures to follow. If we're going to stop this
internal bickering, then let's follow the procedures. If the Hispanic
officers want to have their right, and I think that under the P.E.R.C.
rules, they have that right to be a bargaining agent, and the blacks, let's
give them that right. But let's stop this damn internal fighting!
Mayor Ferre: Who is asking for that right? I don't see anywhere where
they are asking to be a bargaining unit!
Mr. Plummer: Mr. Mayor, what they are asking for in this letter is the
Police Chief's head! Based on criteria and allegations that they are
making, which are grievance procedures!
Mr. Carollo: Is that upsetting you Plummer?
Mr. Plummer: They have by-passed all of the procedures, which this
Commission approved in its labor negotiations. Let me ask Mr. Gary or
Mr. Mielke, has one grievance been placed? There is not..:.ttie framework
or the vehicle to bring these matters to a head. Not once has been even
used! Now, is this Commission going to start doing its own negotiation
with every Union and everybody that wants to be a Union? Or is this
Commission going to take and set forth framework and guidelines so that
everybody, not just the Police, but Sanitation, the Fire Department, all
of them have that right to circumvent the rules, which were established
by this Commission and come forth, and just everybody appear here when they
want to!
Mayor Ferre: Plummer.
Mr. Plummer: Or, are they going to do as State Law says: you form yourself
as a bargaining unit and you then bargain with the City. That's not a gag
rule! They have every right to do that!
Mayor Ferre:Plummer, I guess I shouldn't be surprised that you take this position,
because I remember that you voted against the change of the work rules and
the procedures of the Consent Decree every single time to the very bitter
end, and you even at the last vote voted against the change of the change
of rules of the Civil Service Rules, and I understand, but the fact is, J.L.,
no matter whether it's thickly veiled or thinly veiled, this community is
a changing community. I have told Wally yesterday, and I told the Chief
this morning, and everybody I speak to, you cannot hide the sky with your
hands. As much as you may want for the good old days, Miami is a different
community today. The fact is the majority of the... yea, it is a third...
but I will predict to you that within the next year or two, the majority
of the police officers of the City of Miami will be either black or Hispanic.
Now, I have pleaded with, I have asked, I have asked members of the Hispanic
group to work within the system. The system that today they resent....
Mr. Plummer: That's exactly what I said.
Mayor Ferre: Let me finish.... is the system that someday will be protecting
them, or viseversa. I understand, you cannot preclude human beings, whether
it be Sergeant Adams, who has a set of grievances, as some black members of
the Police Department; or Sergeant Aguirre to have very serious, deep-rooted'
47 MAY 2 7 19102wo
Mayor Ferre: (cont'd)..... problems with things that they perceive
in the community. I agree with you that they have a problem, and I have
so told some of these individuals that they way to do it is for them to put
in a grievance and follow the procedure. I would hope that they would do that.
But you cannot gag them, you cannot preclude them from putting out press
{ conferences, or press issues, or gathering together. I want to tell you,
I have some very strong problems with that. I'm with you, Mr. Manager,
with the County, because I know for a fact that Mr. Sergio Pereira, the
Assistant County Manager, met several months ago in Little Havana in a
restaurant with members of the Hispanic Community Police Department in the
City and in the County urging them to do exactly what they are doing right
now and to protest by coming out with statements against you, the Manager.
the Police Chief, and I, as Mayor, and his own people in the County.Jow, I
was not present at that meeting, but several of the people that were present have
told me that this was a meeting in which an Assistant County Manager was
there instigating this.
So I think that it is not quite proper and fair to put all the blame
now on these police officers, when an Assistant County Manager was in the
midst of the meeting doing exactly that!
Mr. Plummer: Why don't you invite him here and ask him?
Mayor Ferre: I think that the point is that this has been going on and this
has been fermenting for quite a while. I think it is something that requires
some very careful analysis, some very cool heads, an awful lot of goodwill,
and hopefully, we can make some progress. Mr. Manager....
Mr. Dawkins: low, Mr. Mayor.....
Mayor Ferre: ....I plead with you to do exactly what you said you were
going to do, and that is get together with the Police Chief. Let's get
this vengeance stuff out of our hearts and systems. Let's get all of this
venom and all this "I'm going to teach them!" and "They are going to obey
me or I'm going to beat them into submission," stuff, and get down to
dealing with a humanistic approach, if you'd permit that word, to solving
these problems.
You know, every time I get up in the morning, and I read the Miami
Herald headlines and I see that more people are dying in Argentina. I
can't believe thatl Here are big countries leading this world and we
are permitting this world to just stand by and letting these idiots, if
you will forgive me, kill each other off with all these bombs, as if this
were a video-tape game! You'd think people were playing Atari or something
Bombing, the cruiser was killed, twenty guys were shot down, it's unbelievable!
Mr. Plummer: Yes, but we're sending them the bombs.
Mayor Ferre: And we're sending them bombs and we're standing by while
these people are killing young human beings, British and Agentines.
All for what? Here we're doing the same thing all in a very small
scale. For God's sakesl Let's get all of this stuff out of the way
and get down to the issuesl See if we can negotiate them out. Wally,
I plead with you to exert the leadership of your office and get everybody
together and let's solve these problems.
Mr. Dawkins: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Dawkins: Joe, do you want to say something first?
Mr. Carollo: If I may, Miller, I need to clear something that Plummer
stated before you speak.
Mr. Dawkins: Go ahead.
Mr. Carollo: Mr. Mayor, I'm going to put my cards on the table. I'm
getting a little sick and tired of all these games, conspiracies, and
meetings, and A -Teams, and B-Teams; and feeding all the B.S. to the
publiq and the public doesn't know what happens behind the curtains.
They only see what happens when the curtains open up. The truth of the
matter is, the problems that these officers... when I say these officers
48 MAY 2 71982
0 Ilk
Mr. Carollo: (cont'd):.....I'm talking about white American officers,
black American officers, and Hispanic Americar, officers. The problems
that they are bringing up to light now are problems that have been
brewing inside the Police Department for several years now, especially
in the past year. What has been happening is that every time that they
want to file proper procedures, they are getting shafted and burried
in red -tape and people covering up! It's gone as far as our police
administration behind the scenes putting out the word that if these officers
proceed in the fashion that they have, that they are going to try to get
them arrested for violating some State statute or another, that they are
not going through the F.O.P.
Now, is this America? Is this the type of government in sunshine that
we want to have in this State, where intimidation, strong-arm tactics are
being used inside our Police Department? Where some of our very best and
most experienced police officers are taken from the streets and put to
rot away inside a police station while the people that we have in the
streets are basically rookies, with no experience that can compare to
the officers that they are putting inside the Police Station. Their only
crime has been that they have spoken out against some of the policies
the Police Chief wants. They haven't been part of the A -Team, or yes-men.
Now, Mr. Plummer, I know that you like to feel protected in the City
of Miami by the Police Chief when you go out to your parties and everything
else. I realize that! You see, I don't have those problems. But I realize
that you do! But, Mr. Plummer, if this is a matter that deals much, much
greater than you and your lifestyle. This is a matter that deals with a
lot of good men and women that have families, that have children, that are
protecting our families and our children. If what we want is to push those
people out of the Department and have a Department that is going to be full
of young rookies with very, very little experience, that are going to be
afraid of their own shadow, because if they say: "Bleep!" they are going
to get fired, or canned, or thrown into Siberia, then fine. But let the
people of this City make up their minds on that. The bottom line is that
you have a struggle going on right now as to who is running the City, the
Police Chief and his click or the majority of this Commission. I was
selected by the public. If the Police Chief wants to run for office, let
him get his butt into the City of Miami, move here, and run for office!
I welcome that challenge! Let's see how many votes he's going to get!
But in the meantime, I was elected.. I went through a rough election; seven
people in it. I beat all six of them. I was selected just like everybody else
here was, and we're going to run the City, not the Police Chief. Furthermore,
Mr. Manager, by the next meeting, you have for me the names and home addresses
of every police personnel from the rank of Captain and above, from Captain to
Police Chief. I want to see just how many of the people that run the Department,
the people that make the decisions for the Department, live inside the City
of Miami. I want to see how many are using our City cars and our City gas
to go and travel back and forth to Broward County, way down in South Dade,
who knows where the heck else! If Miami is good enough to pay someone a salary
and benefits of over $100,000 a year, Miami should be good enough for them
to live in!
I am telling you now. I might stand alone, I might not, I don't care!
I am going to present a motion, after I have all this information, requiring
that the Department Head of the most expensive Department in this City, the
Police Chief, move to the City of Miami.
Mr. Dawkins: To the ghetto.
Mr. Carollo: Thank you, Miller, thank youl Move to the City of Miami by
January 1, 1983. It's going to give him over seven months plenty of time
to locate appropriate housing here. In fact, I might even put nim in touc&i with
his old buddy, Armando Lacasa, he might have a good deal on a condo or two.
Mr. Dawkins: Mr. Mayor......
Mr. Carollo: But I found housing in this City for my family, my kids. I
live here. I think it would be quite an educational experience if our
Police Chief lived in our City. If he had to see the same people that
are getting kicked in the.behinds every day, not only for a few hours. And
If his wife had to go and shop where my wife does and see the people that
he deals with; if his kids had to go to some of the same schools that ours do.
I want to make sure..,.
MAY 2 719Ion
"
C r
Mr. Dawkins: Mr. Mayor.
Mr. Carollo: Excuse me, Miller.... that we don't have any more incidents
where there is a riot developing and the Chief is busy in South Dade in
an Italian restaurant. We have good Italian restaurants in Miami too, sir.
Mr. Dawkins: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Dawkins: And the other Commissioners, I'm new to the Commission but
this issue is nothing new to me. Mr. Plummer, you are right when you say
the black officers wish to form their own group. They do this, which they
feel is out of necessity. I've been with them and we have been struggling
and fighting the system, the F.O.P., since the Consent Decree. These officers
of whom I am speaking were dues -paying -members of the F.O.P. when the F.O.P.
took those funds and hired a lawyer with their dues dollars with which to
fight the consent decree. Now you can't tell me that you are working on my
behalf when you take my dues money and hire a lawyer to keep me in my
place, wherever that may be. So, there are problems and I don't think
that any of us here can sit here and admit that there are not.
Another thing that I'd like to bring out is the Latin Officers and
the Black Officers Group are both chartered in the State of Florida,
as such they have a right to petition this Commission as much as any other
chartered group in the State of Florida. The blacks whom I speak of are
tired of complaining and they wish to have some issues addressed. I was
here before this Commission and we had to argue and fight to get Leroy
Smith named to a Major; and since that time, you have "a" Major and now
you have "a" Lieutenant. See, I will say "ah" because if I say "a" you
may think I mean eight. So I've said "ah" so you know there's one.
No one in his right mind can feel that the black officers have not
been short changed and the Latin officers. And if the F.O.P. was as
benevolent as they as they want you to believe they are, they would have
been on the side of the officers fighting to upgrade to start on the job
training or some kind of training in order to ger something done. It's
only recently that the F.O.P. decided to have some blacks in their policy
making decisions.
So you see, we have a lot to do. Commissioner Plummer is dead correctd
I'm sure that when time comes to bargain again, the black officers will
be bargaining to go for themselves, and we're going to have one hell of
a problem figuring out whose going to be the bargaining agent for the City
of Miami Police! Thank you.
Mr. Plummer: No, we don't do that, you see.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
efPlumme •Fxmise me Mil1l r .a ion' A thRt, that' where the State comes into
fect. That's whey& P.E.�.t. pis. I� tie Hispanic officers want to be
a bargaining agent, then they petition P.E.R.C. The black officers, they
petition P.E.R.C., and the F.O.P. will have to go in and fight as a
petitioning bargaining agent for the representation. P.E.R.C. is the one
that will make that decision.
Mr. Carollo: Miller, let me read this to you briefly.
Mayor Ferre: And after that, can we move along?
Mr. Carollo: After I touch a couple more points, Maurice, that have to
be touched. This is a letter from the Police Chief addressed to the
Head of the Miami Community Police Benevolent Association. It's addressed
to their President, Sergeant Eddie Smith. He says here that in the history
of the Miami Police Department to date, 44 blacks have been promoted.
And during his ten years as Chief of Police of Miami he has promoted
18 blacks, which accounts for 40% of those promotions. He is proud of
that.
Well, like a black police officer told me, "how can this man say
he's proud of knowing that for every year that the City of Miami has
existed, less than half of the police officers that are black have been
Promoted. Boy I read that well! Wally, let me ask you something.
50
MAY 2 7 1982
Mayor Ferre: Joe, just before you do that, ladies and gentlemen, you've
been waiting here since 9:CO o'clock; it's almost noon. I have a strong
feeling the way this is going that we're not going to be coming to these
scheduled items until after lunch. So, there's no use to submitting so many
of you to wait here any longer. Why don't you all go on ahead and have
lunch and come back. We'll start at 2:00 o'clock?
Mr. Carollo: That would be fine.
Mr. Plummer: That's assuming that we get out at noon.
Mayor Ferre: Now look, at 2:00 o'clock we are going to start on the published
agenda, and we're not going to take up any more pocket issues. All right,
so at 2:00 o'clock we start on the agenda.
Mr. Carollo: We'll take up pocket issues until noon.
Mayor Ferre: That's fine.
Mr. Plummer: Yes.
Mr. Carollo: Mr. Mayor, if I may ask Wally a question. Wally, you don't
have to answer it, you can tell me the truth or you can lie to me, I don't
care. Wally, did the Police Chief in the last two days give you a call, and
try to tell you, or ask you, "Wally, what are you going to do if these guys
revolt and are not going through you?"
Mr. Rodak: No, he did not.
Mr. Carollo: Not whatsoever, O.K.
Mr. Rodak: In fact, it is my understanding that he was out of town.
Mr. Carollo: Like I said, he's out of town again? Mr. Manager... thank
you, Wally, you just reminded me of something.
Mr. Rodak: I believe he was out of town yesterday.
Mr. Carollo: Mr. Mayor, Wally was kind enough to remind me of
something else I was going to bring up. Every other time that I call the
Police Department I hear that the Police Chief is out of town. I would
like to have all the dates, places, who paid for the trips, that our
Police Chief has been out of town in the last year, the whole 1981 and
all of this year, so far. And every other time that he steps out of work,
or out of town, even for one hour, I would like to be informed of it
beforehand, beforehand,not after the fact. Is that understood?
Mr. Gary: Yes, sir.
Mr. Carollo: O.K., there's not going to be any problems with it later on, right?
Mr. Gary: I will inform you.
Mr. Carollo: O.K., thank you.
51
C 011
Mayor Ferre: Anything else now?
Mr. Carollo: Wally, let me say this to you. In the past, everytime that
you, your attorney, some of your people have come to cry on my shoulder
about Harms is doing this, Harms is doing that, he's sticking it to us
like this, I've been there with you, sir, backing you 100%, and stuck
my neck on the line, something very few people in this Commission have
done. And I'll say this to you, as long as you behave with the same
courage that I've seen people in the F.O.P. behave in the past, you will
have my support. But if I see legs that are shaking because of intimidation,
Wally, don't look at me any longer, sir, because I'm not going to be there.
Just like I'm telling you now that I'm will fight to keep the F.O.P. a
strong unit where everybody is working together, if I see that people that
are paying their dues, and people that have come to you time and time with
complaints are being put aside because it's expedient, or rather they are
having cuts in something else, don't look my way then, because I'm taking
the gloves off on this one. I'm going with what's right and against what's
wrong.
When I could not get the Chief to listen to me, I came before the Civil
Service Board on promotional issues., I came before this Commission
when we by-passed some blacks for blacks and Latins for Latins, and then
we sat down and we resolved that issue.
Mr. Carollo: And I compliment you for that, Wally.
Mr. Rodak: And anytime that there is somebody that comes up before me
and has a grievance and they want to do it, we do it through the proper
channels. That's the way we have to do it. I have filed eight grievances in
the last three months, and I will continue to do that. Any member that comes
up to me demanding representation about a problem, they want to file a
grievance, I will file that grievance for that individual and pursue it.
Mr. Carollo: Let me tell you where I stand. My concern is that all these
grievances are going to be buries for months and months$ and months to come.
In the meantime you have officers rotting away somewhere in this City suffering.
That's my concern, Wally. And I'm laying it to you right down in front of
you where I'm coming from. Mr. Manager, as I stated before, the other
members of the Commission expressed their point of view and I think a
majority of this Commission wants to see the Police Chief here at the
next meeting, the first item on the agenda, to have answers to us on the
areas that we have expressed here and an invitation given to any party
inside the Police Department that has any grievances or complaints.
Mr. Gary: Mr. Mayor, members of the Commission, I will have the Police
Chief here at the next meeting. But I will instruct him not to discuss
grievances at that time. I feel the grievances should go through the
proper procedures as agreed to by the F.O.P. and I think that it would be
more constructive to take that process with regard to grievances than to
deal with the grievances here in the City Commission meeting.
Mr. Carollo: Well, Howard, let me tell you something. I am instructing
you, like I have every right to in the City Charter, that if any police
officer wants to come before this Commission that we are giving them
that right on that occasion. Now, you are telling me that you are not
going to follow....
Mr. Gary: That's a violation of the contract that we have with F.O.P.
with regard to grievances.
Mr. Carollo: Tell me what violations. If any police officers want to come
before us now and express their feelings about anything, you are telling me
that they cannot do it?
Mr. Gary: Yes, sir.
Mr. Carollo: If that's the case, why has Harms in the past met with all
these guys when it was to his benefit? He didn't apply these laws then,
did he?
52 MAY 2 71982
Mr. Gary: That's the procedure, Mr. Carollo.
Mr. Carollo: But read to me the procedures.
Mr. Gary: If you'd like to have Mr. Mielke come explain to this Commission....
Mr. Carollo: See, what I see here is that we have a conspiracy to gag
these officers buying up time to squelch the rebellion, kill the
leaders, and then everybody else sees and says -"hey, we've gut --
to surrender".
Mr. Gary: No.
Mr. Carollo: This is what I'm seeing. You know I'm right.
Mr. Gary: No, that's not the....
Mr. Carollo: You know I'm right!
Mr. Gary: No, that is not the intent of this Administration and this
City Manager to do that.
Mr. Carollo: Well, Howard, let me tell you. Do you know what the word
out there is? I'm going to tell you now. The word out in a lot of
police officers is, and more people than just police officers, that you
are afraid of the Police Chief. And they are wondering, why is he afraid
of the Police Chief? There is something there that the public doesn't
know about?
Mr. Gary: Well, I can't respond to those kind of rumors; and I won't
dignify those kind of rumors.
Mr. Carollo: I didn't think you would.
Mr. Gary: But I think....
Mr. Carollo: At the same time I realize that it's hard for you to deal
with a situation like that when you're so close to the people. The Mayor
once said that he found it very unhealthy when he had the City Manager,
the Police Chief and someone else in this Commission, Mr. Plummer, going
like the three musketeers to places together, in motorcycles and everything
else. I'm beginning to see what he meant now.
Mr. Gary: Well....
Mr. Carollo: You know, this is America. I cannot believe that we are
trying to do everything possible to squelch the feelings of several
hundred police officers. I can't believe that! This is exactly what
we're doing here.
Mr. Gary: Well....
Mr. Carollo: Wally, let me ask you this. You tell me, and your attorney
is here, you tell me what can be done in your opinion where these officers
can express their feelings. Do you feel that it is wrong for any police
officers to come before this Commission, if this Commission requests that
they come and is opining its doors to ask them any questions that this
Commission would like? They can't do that?
Mr. Rodak: My personal feelings are that we are the recognized bargaining
agent, that there are certain procedures to follow....
Mr. Carollo: Wally, I'm not questioning that. What I am saying is this.
Is it against the law, and you tell me what law, for any police officer
who is invited, like I am inviting them....
Mr.Rodak: I can't....
Mr. Carollo: ....to come before this Commission so that we can ask any
questions of them. Is it against the law for them to do that?
53
MAY 2 71982
E
U
7
Mr. Rodak: I can't answer that. I'm not an attorney, but I'll refer
to my attorney.
Mr. Carollo: Please put your attorney.
Mr. Robert D. Klausner, Esq.: Through the Mayor, Mr. Commissioner, to
question; Robert'Klausner, 28 W. Flagler Street, Counsel for Fraternal
Order of Police, Lodge 20. To answer your question, the Commission has
subpoena power. It subpoenas a person before the Commission and orders
a person to come before the Commission. It is within its jurisdiction
answer any questions....
Mayor Ferre: Bob, it's much more basic than that.
Mr. Klausner: No, that gets to the basic question.
answer your
Hil
Mr. Carollo; That might be the next step that we might have to take, Bob.
Mayor Ferre: Wait, wait, wait, you're getting into extremes. The Commission
of the City of Miami has the right individually, any of us, collectively
to ask any questions of any City employee for the purpose of investigation.
That's number one. Number two, City of Miami Commission, collectively,
has the right to empanel itself as the Board of Inquiry and Investigation,
and that is specifically in the Charter.
Mr. Klausner: That's true too.
Mayor Ferre: To investigate anything we want within the City! And number
three, as you just pointed out, we have subpoena power. But that's way
out there. But before we get way out there, there's no question that
any member of this Commission can ask any question from any employee and
get them before here and ask them officially any question.
Mr. Klausner: Absolutely. The issue that we're getting to is this.
Mr. Carollo: Well, this is what I wanted to make clear, Bob.
Mr. Klausner: The concerns that I am aware that are being expressed are
concerns that relate to terms and conditions of employment, to the way
things are run in the work place. If that is the case, the proper form
is for those persons to come to their Union; present the grievances for
the Union to conduct the investigation. If it is a matter covered by the
contract, we file a grievance. We take it first to the Chief, then to
the Manager. If we are not satisfied, we get an arbitrator as provided by
the law, and we do it that way.
This Union has never been bashful about taking on any official in
this City when they thought he or she was wrong, including the Commission,
or the Manager, or the Chief, or anybody else.
-low, when others gather as a group to express their feelings as a social
organization, they are priviledged under the Constitution of the United
States, and this Union as believers in that, would defend that right. But
when another group, covered by our bargaining unit and covered by our
contract, seeks official recognition to address terms and conditions of
employment, then it seriously concerns the Union; because we are being
circumvented. All of these people are our members. When the F.O.P deals
with a police officer, the issue is not black, or white, or Latin, or
male, or female. The issue is they wear a blue uniform; and that is what
we are concerned about. And if any officer... as a matter of fact, there
is an officer, a Latin officer, who felt his transfer out of one unit, out
of the Canine Unit, was for punitive reasons. We have in fact filed a
grievance. We were unable to resolve it at the second, third, and fourth
steps of the process. We have demanded arbitration. That issue will be
presented to an arbitrator from the American Arbitration Association
within the next several weeks. So, is there a process to review? Sure,
there is!
Mayor Ferre; Bob, wait a minute, because I don't want anybody to misun-
derstand, I think that we're getting into very deep water. I want to
publicly state here on the record....
54
MAY 2 7 1982
Mr. Klausner: No question, Mayor.
Mayor Ferre: .... that I strongly believe in the rule of order....
Mr. Klausner: And so do we.
Mayor Ferre: ....that we are going to follow the procedures and the law
of the land. I don't care if it is my brother who is involved in any
grievance! A procedure must be followed. Otherwise, we head for anarchy!
Mr. Klausner: No question.
Mayor Ferre: Let me finish. I don't think that anybody here on this
Commission wants to go to anarchy. There are rules and they must be
followed. I am pleading publicly, now, again, with the members of those
people who feel that they are agrieved to follow the legal procedure of
going through their representative as long as you're their representative,
which is the Union. And I concur with what Carollo is saying: that if
you don't represent those people properly, and if you don't represent
those people objectively and I'm sure you will, because you always have,
I want to make sure that you understand thhat along with not having Carollo,
you won't have me either!
Now, I want you to know that I am looking as much to the Chief, as
I am to the Manager, as I am to Wally, and to the Union to solve this
problem. I am also putting the burden on those people who claim they
have been agrieved. If they have a proper grievance, then by God, let
them put the grievance in writing, have the guts to put their name on the
grievance, and submit it to you for processing either through the
procedure that is established in the contract with the Manager or through
the Civil Service procedures! One or the other! And I want to tell you
that I am with them! I support them. But I expect for them to support
the rule of order of this community.
Now, that in no way is contradicting anything that has been said before, because
I think that we are in the cross roads of a very, very, very important
issues, I don't want signals to go out, and you understand exactly what
I'm talking about, Wally, and I told you this yesterday. I'm supporting
you and the Union. But we have to be careful how we go out and say these
things, because unfortunately, there an awful lot of complainers out there
that have an awful lot of agendas. I don't want them using you or me,
as a battering ramp for hidden issues. When I hear about secret meetings
going on in Centro Vazco with Sergio Pereira in the middle of it,
organizing a protest group to come before the City and the County, then
I become very suspicious as to who the politicians are behind that;
and I mean politicians with a small "p" that are politicking on the
grievances and problems of the people in the City of Miami. And you
know who I'm talking about. I'm not going to spell out the name, but
he was very well known a couple of months ago when there was a campaign
going on.
Mr. Plummer: Wally, let me ask you one question. Because, you know, I
don't see where the Mayor and I have any disagreement. Yet, it is said
that I'm trying to gag someone. Wally, this press release that was put
out by a``sociar organization does contain what I believe any reasonable
person would say are grievances. Did you read it?
Mr. Rodak: Yes, I did.
Mr. Plummer: Would you concider these grievances?
Mr. Rodak: I, I....
Mr. Plummer: They spell out....
Mr. Rodak: I object to the letter because they were terms and conditions
of employment.
Mr. Plummer: Excuse me, sir. Do you concider these items in here to be
grievances?
Mr. Rodak: Yes, I do.
55
MAY 2 71982
f r
Mr. Plummer: All right. My question then, to you, very simply is: were
any of these matters by these social organizations brought to you or your
organization to follow the proper procedure of filing a grievance?
Mr. Roedak: There were some items, yes; and there were some items that we
worked out.
Mr. Plummer: O.K., but were all of them?
Mr. Roedak: No.
Mr. Plummer: That's all I'm asking! Look, all I'm saying, I think, and I
could be wrong, and Mr. Mielke is here, and is standing here and can correct
me if I'm wrong. There is a provision in the Union contract prohibiting
grievances by employees being taken directly to the Commission. Am I
right or wrong? All I'm saying to you, all of you, my colleagues as well
as all of the members of the Department, either we're going to have a set
of rules that are established and we're going to follow those, or I want
to tell you we have just opened the door....
Mayor Ferre: J.L., that's fine, as long as there are no hidden agendas.
You and I and Miller Dawkins, better than any of us knows that those very
same rules were used....
Mr. Plummer: That work for you or work against you.
Mayor Ferre: ....were used to keep a lot of black people from going up in
the ranks of certain departments including the Police Department. So don't
come telling me that the rules J#are the rulespand we have to live only by
them. There are a lot hidden agendas; and we have to make sure that the
rules are fair and just and applied to everybody the same. That's alll
As long as that's done...
Mr. Carollo: Round one is now officially over. Round two is scheduled for
the next meeting. And to make Plummer happy, I make a motion that we make
out the mutiny the next police station.
Mr. Plummer: You won't make me happy making the mutiny.
Mayor Ferre: O.K., let's go. Anything else?
Mr. Carollo: UNINTELLIGIBLE COMKUgT.
Mayor Ferre: Anything else on this particular....
Mr. Plummer: That's as bad information as the rest that you have.
Mayor Ferre: Is there anything else on this issue? Are there any other
hidden agendas?
17.1 REQUIRE ALL PARIES MAKING FORMAL REQUESTS BEFORE THE
COIMSSION TO FIRST MARE FULL DISCLOeTTog TN LMTTTNP.
OF ALL : A^."_'IEC ".A71•!C-- A nF.A"'CIiI !1`TEREST IN SAID
APPLICATION.
Mr. Carollo: I have one more very open agenda. I have a
resolution that I would like to bring up. U resolution authorizing the
City Attorney to draft an ordinance requiring that all parties making
presentations, requests, or petitions to the City Commission or any City
board first make full disclosure of all parties having a financial interest
either direct or indirect to the subject matter of said presentation requests
the petitionerefurther declaring that henceforth were such prior full
disclosures not so make either in writing or orally, said presentation
requests or petitions shall now be concidered to be complete or in
proper form for concideration by the City Commission or any City board!
5s
MAY 2 71882
i
Mr. Plummer: O.K., what are you trying to accomplish, Joe?
Mr. Carollo: What I'm trying to accomplish, just like the County does,
that every time that someone comes here for any matter, that there is
a full disclosure of who all the parties' owners, related owners, prior
to the Commission hearing....
Mr. Plummer: In other words, what you are saying is that at the time that
they file an application, they would file a full disclosure.
Mr. Carollo: What I'm saying here... yes, from the minute they come
before this Commission, from now on, anybody who comes before this Commission
has to disclose any hidden interests.
Mr. Plummer: O.K., what about those matters, Joe, that for example, that
they are not putting in a formal application. For example, a person
comes here to testify on a personal item.
Mr. Carollo: We're talking about formal applications, J.L.
Mr. Plummer: But I think you have to spell that out. I'm all in favor.
I have no problems with all people doing it.
Mr. Carollo: The only change I'll make in that resolution is to put the
word~formaf request.
Mr. Plummer: Where an application is submitted together with that
application must be a full disclosure.
Mr. Carollo: Verbally or orally. From now on, in other words, anything
that hasn't come up before this Commission up to now will be included.
Mr. Plummer: Well, not orally, I can't agree with orally. I want it
in writing where you can hold them to it, and they attach a signature.
Mayor Ferre: Mr. Knox.
Mr. Carollo: J.L., I think we ought to be fair enough and make it either....
Mayor Ferre: We can cut through this right away. Mr. Knox.
Mr. Knox: Yes, sir.
Mayor Ferre: The ordinance that the department has drafted that is before
us here that has your signature as to form and correctness, does this make
our law similar to what the County has?
Mr. Plummer: Yes.
Mr. Knox: Well, the County has a process they have not Codified, but this
would make our procedures similar to those of the County.
Mayor Ferre: In other words, as I understand it, in the County, if you
are up before this Commission, there is no such thing as a hidden group.
We need to know who we're dealing with.
Mr. Knox: That's correct.
Mayor Ferre: Who the owners are.
Mr. Knox: Yes, sir.
Mayor Ferre: And this would then bring that to the front, because I read
in that Herald article, I -think a couple of days ago, that we had a
different procedure and that in the case of the City, things could be
done without the public knowing who they were dealing with.
Mr. Knox: Yes, sir.
5'7
MAY 271982
f
Mayor Ferre: And this would preclude that, is that correct?
Mr. Knox: Yes, sir.
Mayor Ferre: I'm ready to vote on it. Are you moving it?
Mr. Carollo: I'm moving the resolution first, then I move the ordinance.
Mayor Ferre: Where is the resolution?
Mr. Plummer: I don't have a resolution.
Mr. Carollo: The resolution which I just read, did the City Attorney pass
a copy out? It was read into the record.
Mr. Knox: Yes, sir.
Mayor Ferre: Would you read it into the record again?
Mr. Carollo: '�A resolution authorizing the City Attorney to draft an
ordinance requiring that all parties making presentations, requests, or
petitions to the City Commission or any City board, first make full
disclosure of all parties having a financial interest either direct
or indirect in the subject matter of said presentation, request, or
petition; further declaring that henceforth where such prior full
disclosures is not so made either in writing or orally, said presentation
request, or petition should now be considered to be complete or in
proper form for consideration by the City Commission or any City board 0
Mr. Plummer: That's the ordinance, Joe.
Mr. Carollo: This is the resolution, now. The ordinance will be next.
Mayor Ferre: All right, is there a motion on the resolution?
Mr. Carollo: Move.
Mayor Ferre: Is there a second?
Mr. Plummer: I don't have it in front of me!
Mayor Ferre: Well, it's the same as the ordinance, J.L.
Mr. Carollo: It's the same thing as the ordinance, in resolution form.
Mr. Plummer: Fine.
Mayor Ferre: Is there a second?
Mr. Perez: I second.
Mayor Ferre: Perez seconds, is there further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-445
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO DRAFT AN
ORDINANCE REQUIRING THAT ALL PARTIES MAKING PRESENTATIONS,
FORMAL REQUESTS OR PETITIONS IN WRITING TO THE CITY COMMISSION
OR ANY CITY BOARD FIRST MAKE FULL DISCLOSURE OF ALL PARTIES
HAVING A FINANCIAL INTEREST, EITHER DIRECT OR INDIRECT, IN THE
SUBJECT MATTER OF SAID PRESENTATION, REQUEST OR PETITION; AND
FURTHER DECLARING THAT HENCEFORTH WHERE SUCH PRIOR FULL DISCLOSURE
IS NOT SO MADE IN WRITING, SAID PRESENTATION, REQUEST OR PETITION
SHALL NOT BE CONSIDERED TO BE COMPLETE OR IN PROPER FORM FOR
CONSIDERATION BY THE CITY COMMISSION OR ANY CITY BOARD.
58
MAY 2 71982
(Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
* Vice Mayor Joe Carollo
* Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
ON ROLL CALL
Mr. Plummer: I'm going to vote with the motion, but I still personally
feel that if you're going to do it... Father Gibson used to say black and
white doesn't lie... and I think that it ought to be in writing, because
that's the way that you can hold their feet to the fire.
Mayor Ferre: Wait, wait, wait, wait!
Mr. Carollo: The ordinance will clarify that now.
Mayor Ferre: Does the maker of the motion agree with the premise established
by Commissioner Plummer?
Mr. Carollo: In writing, fine.
Mayor Ferre: All right, into the record that is part and parcel of this.
Mr. Plummer: Fine. Good.
Mr. Carollo: Fine, O.K.
Mayor Ferre: Go ahead, Plummer.
Mr. Carollo: I go along with you, J.L., no problem, I vote yes.
17.2 1ST AND 21M READING ORDINANCE: A?M-M CHAPTER 2,
SEC. 2-308 - PROVIDING FOR FULL DISCLOSURE IN
WRITING BY ALL PARTIES 1✓,AKING PRESENTATIONS
BEFORE_THE_CITY_COMMISSION_ON ANY OUTSIDE
r
Mayor Ferre: Now, the ordinance.
Mr. Carollo: You want to read it George?
Mayor Ferre: No, you got to make the motion first.
Mr. Carollo: I make a motion that we adopt this ordinance.
Mr. Plummer: As amended.
Mayor Ferre: Is there a second as amended?
Mr. Plummer: Yes.
Mr. Carollo: As amended in writing.
Mr. Plummer: Second.
Mayor Ferre: Alright, now read the ordinance as amended. Further discussion?
Let the record reflect that all members of the Commission and the public have
a copy of this amended ordinance before you. Alright, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 2 ENTITLED
"AMINISTRATION" OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY ADDING A NEW
SECTION NUMBERED 2-308 PROVIDING FOR FULL
DISCLOSURE BY ALL PARTIES MAKING PRESENTA-
TIONS, FORMAL REQUESTS OR PETITIONS IN WRIT-
ING TO THE CITY COMMISSION OR ANY CITY BOARD
OF ALL PARTIES HAVING A FINANCIAL INTEREST,
EITHER DIRECT OR INDIRECT, IN THE SUBJECT
- MATTER OF SAID PRESENTATION, FORMAL REQUEST
OR PETITION; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND DISPENSING WITH
THE REQUIREMENT OF READING SAME ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF
THE MEMBERS OF THE COMMISSION.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
for adoption pursuant to Section 4, Paragraph (f) of the City Charter,
dispensing with the requirement of reading same on two separate days by
a vote of not less than four -fifths of the members of the Commission -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission, on motion of Commissioner Carollo and seconded
by Commissioner Perez, adopted said ordinance by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9419.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and copies were available to the public.
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60 MAY 2 7 1982
0
9
WHEREUPON the City Commission recessed at 12:06 P.M.
and reconvened at 2:15 P.M., with all members of the
City Commission Found to be present.
13. CONSENT AGENDA.
Mayor Ferre: "Before the vote on adopting all items included in the Consent
Agenda is taken (Items 46-66), is there anyone present who is an objector
or proponent that wishes to speak on any item in the Consent Agenda?* Hearing
none, vote on adoption of the Consent Agenda will now be taken.
NOTE: Items 50,51,57,58,59,60,61,62,63 and 64 were not taken up.
The following resolutions were introduced by Commissioner Plummer,
seconded by Commissioner Dawkins and passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
18.1 ALLOCATE $31,000 TO ALLAPATTAH MERCHANTS ASSOC. IN CONNECTION WITH
THE SPONSORING OF "COMMERCIAL FACADE TREATMENT PROGRAM."
RESOLUTION NO. 82-446
A RESOLUTION ALLOCATING THIRTY ONE THOUSAND DOLLARS $31,00.00
OF SEVENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE
ALLAPATTAH MERCHANTS ASSOCIATION FOR THE PURPOSE OF ASSISTING
THE ORGANIZATION IN SPONSORING A COMMERCIAL FACADE TREATMENT
PROGRAM; AND FURTHER, AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, IN ESSENTIALLY THE FORM ATTACHED HERETO, WITH
SAID COMMUNITY BASE ORGANIZATION FOR A PERIOD OF ONE YEAR.
18.2 DESIGNATING THE LITTLE HAVA11A COMMUNITY CENTER AS A CATEGORY B PROJECT.
gi
RESOLUTION NO. 82-447
A RESOLUTION DESIGNATING THE LITTLE HAVANA
COMMUNITY CENTER AS A CATEGORY B PR=CT
WITH RESPECT TO CONTRACT DOCUMENTS, DRAWINGS,
SPECIFICATIONS AND CONSTRUCTION ADMINISTRATION
FOR THE RENOVATION OF BUILDING A, 900 S.W.
1ST STREET, IN ACCORDANCE WITH SUBSECTION (a)
OF SECTION 18-77.2 OF THE CITY CODE, WHICH
ESTABLISHES PROCEDURES IN CONTRACTING FOR SAID
PROFESSIONAL SERVICES AND ALSO ESTABLISHES
COMPETITIVE NEGOTIATION REQUIREMENTS WITH
REGARD TO FURNISHING OF SUCH SERVICES; FURTHER
APPOINTING CATHY LEFT, ASSISTANT DIRECTOR OF
THE DEPARTMENT OF COMMUNITY DEVELOPMENT, AS
CHAIRPERSON OF THE COMPETITIVE SELECTION COM-
MITTEE, IN ACCORDANCE WITH SUBSECTION (c) OF
SECTION 18-77.2 OF THE CITY CODE.
51
MAY 2 7 1982
f r
18.3 ENTER INTO AN AGREEME T WITH TILLINGhAST, NELSON, a WARREN INC. IN
CONNECTION WITH ACiuAFur'►i S%r 1CL'J ^. L'Y:.EL B' THE GENERAL EMPLOYEES'
RETIREMENT SYSTEM.
RESOLUTION NO. 82-448
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE FORM
ATTACHED HERETO, BETWEEN THE CITY OF MIAMI AND TILLINGHAST,
NELSON & WARREN, INC., FOR ACTUARIAL EXPERIENCE SERVICES AS
REQUIRED BY THE MIAMI CITY GENERAL EMPLOYEES' RETIREMENT SYSTEM,
USING FUNDS THEREFOR FROM FURRENTLY BUDGETED FUNDS.
18.4 EXECUTE AGREEMENT WITH MEDICAL ART S_TRAINING CENTER INC. FOR COORDI- .._
iIATIOti OF SERVICES re: AN EMERGENCY MICA:. T::CSi'lCL1:7/PA24,;-LLIC
TRAINING PROGRAM.
RESOLUTION NO. 82-449
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREZ:M;T WITH THE BOARD OF DIRECTORS OF MEDICAL ARTS
TRAINING CENTER, INC. (M.A.T.C.), FOR COORDINATION OF SERVICES
IN CONNECTION WITH AN EMERGENCY MEDICAL TECHNICIAN -PARAMEDIC TRAINING
PROGRAM TO BE CONDUCTED SUBSTANTIALLY IN ACCORDANCE WITH THE
TERMS AND CONDITIONS SET FORTH IN SAID AGREEMENT.
18.5 AUTHORIZE ISSUANCE OF WASTE COLLECTION LICENSES TO (a) ALL FLORIDA
SANITATION INC.:(b) DAN GALASSO WASTE SERVICE INC.; (c) LA FE TRASH
AND WASTE SERVICE.
RESOLUTION NO. 82-450
A RESOLUTION AUTHORIZING THE ISSUANCE OF WASTE COLLECTION
LICENSES TO ALL FLORIDA SANITATION, INC., DAN GALASSO WASTE
SERVICE, INC., AND LA FE TRASH AND WASTE SERVICE, PERMITTING
THEM TO COMMENCE DOING BUSINESS UPON FULL COMPLIANCE WITH
CHAPTER 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, (1980).
18.6 AUTHORIZE PAYMENT OF $50,000 TO BROWN, WOOD, IVEY, MITCHELL & PETTY
FOR LEGAL SERVICES re: SALE OF $10,400,000 OF GOVERNMENT CENTER
PARKING GARAGE REVENUE BONDS.
RESOLUTION NO. 82-451
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PAY THE AMOUNT
OF $50400 TO THE LAW FIRM OF BROWN, WOOD, IVEY, MITCHELL
& PETTY FOR LEGAL SERVICES RELATED TO THE SALE OF $10,400,000
REVENUE BONDS IN CONNECTION WITH THE GOVERNMENT CENTER PARKING
GARAGE; USING FUNDS THEREFOR FROM THE BOND ISSUE PROCEEDS.
18.7 WAIVE DEED RESTORATION FOR MARINE RELATED USES IN COYrRECTIGIT-41ITH
SUBMERGED LAND LEASE FOR DESIGNATION LAND TO CORAL REEF YACHT CLUB
INC.
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RESOLUTION NO. 82-452
A RESOLUTION REQUESTING THE WAIVER OF DEED RESTRICTIONS FOR
MARINE RELATED USES, FROM THE BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND, IN CONNECTION WITH THE
SUBMERGED LAND LEASE OF CERTAIN DESIGNATED LAND TO CORAL
REEF YACHT CLUB, INC.
fit
MAY 2 71982
4
18.8 REQUEST HON. ROBERT GRAHAM, GOVERNOR OF THE STATE OF FLORIDA, TO INSURE
THAT THE DEPART!WNT OF LABOR USES FOOD GiAl ° DATt. TO niCRLASE TdE
OFFICIAL UNEMPLOYMENT RATE WHICH WOULD SHOW REFUGEE IIT-ACT ON STATE
UNEMPLOYMENT.
RESOLUTION NO. 82-453
A RESOLUTION REQUESTING THE HONORABLE ROBERT GRAHAM, GOVERNOR OF
THE STATE OF FLORIDA, TO ENSURE THAT THE FLORIDA DEPARTMENT OF
LABOR AND EMPLOYMENT SECURITY USES FOOD STAMP DATA AS AN AID
TO SECURE AN OFFICIAL INCREASE IN THE LOCAL UNEMPLOYMENT RATE
SHOWING THE REFUGEE IMPACT ON UNEMPLOYMENT WITHIN THE STATE
TO PROVIDE A MORE EQUITABLE DISTRIBUTION OF FEDERAL. FUNDING;
FURTHER DIRECTING THE CITY CLERK TO FORWARD A COPY OF THE
HEREIN RESOLUTION TO GOVERNOR ROBERT GRAHAM.
18.9 EXECUTE AMENDED AGREEMENT WITH LITTLE HAVANA DEVEO ?*!EFT AUTHORITY
(LHDA) FOR PROFESSIONAL SERVICES re: DEVELOPMENT OF A "LATIN QUARTER"
IN THE CITY OF MIAMI.
RESOLUTION NO. 82-454
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
AMENDED AGREEMENT BETWEEN THE LITTLE HAVANA DEVELOPMENT AUTHORITY
AND THE CITY OF MIAMI FOR THE PROFESSIONAL SERVICES OF SAID
AUTHORITY IN THE DEVELOPMENT OF A LATIN QUARTER IN THE CITY OF
MIAMI IN ACCORDANCE WITH THE TERMS AND CONDITIONS AS SET FORTH
THEREIN.
18.10 GAT DADE COUNTY QUIT CLAIM DEED ON CITY PROPERTY FOR HIGHWAY
PURPOSES AT N.W. 214D STREET AND N.W. 3Rn AVENUE.
RESOLUTION NO. 82-455
A RESOLUTION GRANTING TO DADE COUNTY A QUIT -CLAIM DEED FOR A
PORTION OF LOT 11 IN BLOCK 95N A.L. KNOWLTON MAP OF MIAMI
(B-41) CITY OF MIAMI PROPERTY FOR HIGHWAY PURPOSES AT N.W.
2ND STREET AND N.W. 3RD AVENUE AND AUTHORIZING THE CITY MANAGER
AND CITY CLERK TO EXECUTE SAID DEED THEREOF.
�
0
19. PRESET. iTATIONS, PROCLAT-il oriS, MCIAL ITEMS.
1. Commendation: To Honorable Carmen Men6ndez, upon being
reelected Councilwoman or the City of
Sweetwater.
2. Commendation: To Dr. Eugenio Sanchez-Torrent6, for his
efforts on behalf of people suffering from
alcohol and drug problems.
3. Proclamation: Declaring May 23 to 29 as "Florida Home Health
Week". Presented to ris. Diane Unger, o
American Health Care Services.
20. 2nd RE0MG ORDINANCE: APPLICATION BY A & A GLASS AND HIRROR,
I1:C. - CHANGE 20NING OF 2784 S. W. 7.STREET FROM R-2 TO C-4.
s
Mayor Ferre: Alright, we are on item #1 of the morning meeting which is
an application by A&A Glass and Mirror Company to change the zoning on 7th
Street 2784 Southwest from R-2 to R-C.
NOTE FOR RECORD: AGENDA ITEM #4 IS CONTINUED AT THE REQUEST
OF THE ADMINISTRATION.
Mr. Whipple: Mr. Mayor and members of the Commission, Richard Whipple,
Planning Department 10330 Southwest 199th Street. Item #1 is on second reading
As the Commission might remember the applicants proffered at the last meeting
that they would accept a change of zoning only on the South forty feet of the
property which is the corrected ordinance in front of you today and that they
would profer the necessary guarantees by which they provide unity of title.
So, everything is in order pursuant to the first reading of this item.
Mayor Ferro: Any objections? Any objectors? Is there a motion? This was
previously moved by Commissioner Perez. Mr. Perez you want to move it again?
Mr. Perez: I move. Yes.
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64 82
MAY 2 7 1982
Mayor Ferre: Commissioner Perez moves, is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Commissioner Dawkins... Alright, now we have a motion and a
second, further discussion, call...
Mr. Plummer: Under discussion. Mr. Gary, this man is enchancing the value
_ of his property tremendously by jumping from an R-2 to a C-4. Is his permit
going to packed with future impact fees?
Mr. Gary: We will stamp that on his permit.
Mr. Plummer: Excuse me, isn't it the direction of this Commission that all
of them are going to be subject to impact fees?
Mr. Gary: Yes, sir.
Mr. Plummer: And sir, you realize that when this City Commission imposes its
impact fees you are in fact going to be subject to that.
UNIDENTIFIED SPEAKER: I'm now finding that out. I was not familiar with that
before.
Mr. Plummer: You shall learn to love it, sir. We want to congratulate for...
Mayor Ferre: Whipple, is this going to end up creating... This is the first
intrusion of C-4 into that R-2 area, is that right?
Mr. Whipple: Yes, sir, Mr. Mayor, and you know, I did not want to rehash
what I went over last meeting, but the Department did recommend denial of the
change of zoning. The lesser request was proffered by the applicant and I
felt the Commission as they passed it on that basis first reading that was the
Commission's intent to do it, but yes, it does tend to encroach into the
residential area. The forty feet, of course, not as severely as if you were
to rezone the entire lot.
Mayor Ferre: Didn't you have an attorney here last time?
UNIDENTIFIED SPEAKER: I had a representative that was here before, but he
has taken ill and he could not be here. He was a consultant that was...
Mayor Ferre: Who was that?
UNIDENTIFIED SPEAKER: Mr. Eddie Gonzalez.
Mr. Plummer: This is, as I recall the one about the propane tanks in which
you are going to change your fleet from gas to propane?
UNIDENTIFIED SPEAKER: From gasoline to propane. Yes, sir.
Mr. Whipple: We do have the proffer. The covenants that are in the hands of
the Law Department, which means some minor correction.
Mayor Ferre: Well, what are the covenants?
Mr. Whipple: This was to provide a unity of title of these properties so that,
that north hundred feet of lot five could not be sold off as a separate
entity.
Mayor Ferre: Oh, yes. Ok.
Mr. Plummer: Did we also get in that covenant that they waive their right
to a transitional use?
Mr. Percy: We can so modify it.
Mr. Whipple: We could include that. I'm not too sure it will be applicable,
but we can include it if necessary. Yes, sir.
UNIDENTIFIED SPEAKER: In reference to the other hundred feet, is that...
91 65 MAY 2 7 igM
r
Mr. Plummer: To the North... yes, to the North...
UNIDENTIFIED SPEAKER: The North hundred feet? Yes, that would be no problem.
Mr. Plummer: Well, it's subject to that, of course.
Mr. Percy: We will get it in the covenant, Commissioner.
Mr. Plummer: It will be when he volunteers it.
Mr. Whipple: There would be no transitional use on the North hundred feet
Commissioner Plummer under the terms of the transitional use provision it
could not be used as a transitional use.
Mr. Plummer: Alright, then I got no problem.
Mayor Ferre: Alright, are there any opponents who which to speak? If not
we have a motion and a second. Further discussion, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
AS AMENDED, THE COMPREHENSIVE ZONING OR-
DINANCE FOR THE CITY OF MIAMI, BY CHANGING
THE ZONING CLASSIFICATION OF THE SOUTH 40'
OF LOT 5, BLOCK 2, HARDING HEIGHTS (6-138),
BEING 2784 SOUTHWEST 7 STREET, FROM R-2 (TWO
FAMILY DWELLING) TO C-4 (GENERAL COMMERCIAL);
AND BY MAKING THE NECESSARY CHANGES IN THE
ZONING DISTRICT MAP MADE A PART OF SAID OR-
DINANCE NO. 6871, BY REFERENCE AND DESCRIPTION
IN ARTICLE III, SECTION 2, THEREOF, BY RE-
PEALING ALL ORDINANCES, CODE SECTIONS OR
PARTS THEREOF IN CONFLICT AND CONTAINING A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of April 22, 1982, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Perez, seconded by Commissioner Dawkins, the Ordinance was thereupon
given its second and final reading by title and passed and adopted by
the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
NOES: Mayor Maurice A. Ferre
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9420.
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.
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66 MAY 2 7 1982
21. BRIEF DISCUSSION AND TEMPORARY DEFERP,AL OF PROPOSED 214D READING
ORDINA14CE re: "SPD-5 HERITAGE C014SERVATION RESIDE'.TTIAL - OFFICE
SPACE OVERLAY DISTRICT" AFTER SPD-4 DESIGN PLAZA OVERLAY DIST.
(SZE LABEL 40)
Mayor Ferre: You are involved in Item d12, aren't you? Alright, the Chair will
recognize you for the purposes of making your statement on Item #k2.
Ms. Joyce Meyers: Mr. Mayor, if you would like, the Planning Department would
like to review the changes that were made in this ordinance since first reading.
Mayor Ferre: Fine. That's fine.
Ms. Meyers: Those were as follows, under Section 4, Use Regulations, banks,
savings and loans and similar financial institutions have been excluded from
the use which is entitled mortgage financing. That was to prevent uses with
a lot of walk in trade to be located in these historic properties. Secondly,
under use regulations the language was clarified for the retail sales of the
antiques and art work and handy craft related to historic preservation. Those
are to be things only related to local history so that we are not getting into
a universal antique business in these properties. And thirdly, site and
development plan approval Section 7, language has been added requiring a
public notice for the Urban Development Review Board meeting in which the
site and development plans would be approved. Now, the type of notice that
has been inserted is a ten day prior notice in a newspaper of general
circulation. This was based on Commissioner Plummer's motion which said
adequate notice which the Law Department has interpreted to mean this
newspaper of general circulation. Thank you.
Mr. Plummer: Let me ask a question.
Mayor Ferre: Questions?
Mr. Plummer: Is that a notice being appearing at the owners expense?
Ms. Meyers: That is undetermined. If the Commission wishes...
Mr. Plummer: Well, I think it's only fair that you know, it's not a City
generated. It should be at the owners expense. That would seem logical to
me especially at the price of advertising today. I would like... Mr. Percy,
I would like that.inserted.
Mr. Percy: Yes.
Ms. Dolly McIntyre: My name is Dolly McIntyre, I live at 1835 South Bayshore
Drive. I'm one of the owners of the Warner House. We have no objections to
these changes that have been made. In fact, they were made primarily at the
instigation of Janet Cooper. They don't pose any problems for us. I would
like to respectfully ask that you gentlemen go ahead and vote on this matter
at this.time. When the request was made to defer this, was it made publicly?
Did you ask if there were others in the audience on that item?
Mr. Plummer: Yes.
Ms. McIntyre: You did?
Mr. Plummer: Yes, they were... it was about twenty minutes to twelve.
Mayor Ferre: Here is what happened. At twenty minutes to twelve sitting
right there was Janet Cooper and she said "look, I have been waiting all
morning, I need to testify on this, but I need to go to work" and I said "look,
Janet, I will hold up Items 2 and '3 and 4 if I can, if I can until five". Now
out of courtesy to you, I have peraitted for you to make your statement into
the record. Out of courtesy to Janet we will not vote on this issue until
she has had an opportunity to make her statement into the record. This will
be voted on today.
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MAY 2 71982
V 0
Ms. McIntyre: Well, I must say that I find this as inconvenient and costly to me
as a property owner involved as it is to her. We have tried to accommodate all
of her complaints and troubles with this ordinance and I think there are others
in this audience who are equally penalized by this action.
22. 1ST P.F.ADING ORDINANCE: APPLICATION BY IiITER-AI�XRICAII BRICKELL
ASSOC. - CHANGE ZOVING AT 131 - 189 S. E. 14 LAME AND 180 - 1C9
S. E. 14 TEP.R. FROM R-5 TO R-CP.
Mayor Ferre: Alright, we are now on Item #3.
Mr. Percy: Mr. Mayor?
Mayor Ferre: Yes, this is on first reading. Now, in this case I don't have
any problems because on first reading we can always... the other one is on
second reading which creates a problem. We are on Item #3 on first reading.
Yes, sir?
Mr. Percy: Item 15, that 2:30 item on the D.R.I. with the World Trade Center
Tower, the proponents of that application are here now. So, whenever it's
convenient to squeeze it in. The public hearing.
Mayor Ferre: We will get to it as quickly as possible. we are now on Item
#3, counselor?
Mr. Robert Traurig: Yes, Mr. Mayor. Item #3 on first reading and I think
that the point has been made and that is that Ms. Cooper will have an opportunity
on second reading to suggest any arguments that you might consider, you know,
contrary to this. Very, very, quickly the property which is the subject
of this hearing is shown on your map in yellow. It goes between 14th Terrace
and 14th Lane. You can see it's really anomalous. It's part of an overall
super block that runs from Brickell Avenue to that semi -circular curb and it's
behind the R-5 District. Showing you this aerial photograph it's this block
that we speak about. The only property which is the subject of this hearing
is the property on the far easterly end which used to have two small apartment
houses which have now been torn down. In view of the fact that it fits within
the RCB the rest of the block being RCB, you staff has recommended approval
of this application and the Zoning Board has recommended to you that you approve
it. We are here to answer any questions you may have, but I think that it's
such a simple item that it doesn't require very extensive arguement on our.
behalf. If you do have any questions we are happy to respond. So, we ask
that you past this on first reading recognizing that Ms. Cooper will have an
Opportunity to appear before you on second reading.
Mayor Ferre: Alright, under those conditions I personally don't have any
problems unless somebody... Alright, any objections to proceeding in the
way we have outlined on first reading?
Mr. Plummer: First reading.
Mayor Ferre: Plummer moves on first reading, is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Ok, it's been moved and seconded, further discussion, read the
ordinance. Alright, call the roll.
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Mr
MAY 2 7 19002
4 0
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS
19 THRU 23, BLOCK 1, POINTVIEW AMENDED (2-93), BEING
APPROXIMATELY 181-189 SOUTHEAST 14TH LANE IN APPROX_
IMATELY 180-190 SOUTHEAST 14TH TERRACE, FROM R-5
(HIGH DENSITY MULTIPLE) TO R-CB (RESIDENTIAL OFFICE),
AND BY MAKING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871,
BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 2,
THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS,
OR PARTS THEREOF IN CONFLICT, AND CONTAINING A SEVERA-
BILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins
and passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
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.
23. 1ST AND 21TD READING ORDINANCE: CHA17GE ZONING AT APPROXI-
MATELY 701-999 11. U. 22nd STP.EET FROM 1-1 TO G-U.
IL
Mayor Ferre: We have Item ##5 now. Alright, this is 5a, 5b. Alright, let's
go on Sa.
Mr. McManus: Mr. Mayor?
Mayor Ferro: Yes, sir.
Mr. McManus: Mr. Mayor and members of the Commission, Joe McManus, Acting
Director of City of Miami Planning Department. Mr. Mayor and members of the
Commission, the first part of this item is the small or the rezoning of a
very small segment of a site and the previously--- and we have attached a
cronology of events to your package on Agenda Item S. Previously the Commission
approved the rezoning of the entire site, that is the Seaboard Terminal site
GU (Governmental Use) by Ordinance No. 9283 on June 25th previously. We then
and this was part of the discussions with the State of Florida Health and
Rehabilitative Services Department relative to the establishment of a South
Florida Rehabilitation and Treatment Center. From that point approximately
a year ago, we have then gone forward and the State of Florida has prepared
the preliminary construction documents for that particular facility. The
item that's before you then, are rezoning of a small portion of the site and
it's a very small portion of the site, approximately twenty-eight feet wide
four hundred twenty feet long along the southern portion of the site it's
shown in yellow. The Planning Advisory Board recommended a denial of this
particular rezoning.
Mr. Plummer: Why?
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MAY 2 71982
C r
Mr. McManus: Mr. Commissioner, I would characterize their denial in terms of
their overall concern with locating facilities. Governmental facilities, including
such things as half way houses within the City of Miami in going from that point
locating those types of facilities generally in the northern part of the City.
Mr. Plummer: But this is not... this is something different. This is a total
facility, it's not a grouping of half way houses as the way I understand.
Mr. McManus: Well, Commissioner, I'm trying to characterize what...
Mr. Plummer: Ok, alright, alright, I'm sorry.
Mr. McManus: ... their... what I believe what they were telling us.
Mr. Homer Rooten: Mr. Commissioner, if I could. I'm Homer Rooten with the
Florida Department of HRS and last year the action that you voted on in May
and June last year to allow the State to purchase the six acre site, the
Seaboard site the Planning Advisory Board at that time voted against that action
seven to nothing.
Mr. Plummer: But I was just asking... you know, may be they knew something
I didn't know, why they were voting against it and it's not a close vote.
Mr. Rooten: No, and he is prefectly right. The intent of the Planning Advisory
Board seem to be there should be no more half way houses bids built in the...
Mr. Plummer: But this is not a half way house.
Mr. Rooten: And you are absolutely right there. This is a mental hospital
and it has been somewhat confused with nursing home type bids.
Mr. Plummer: Alright, thank you.
Mr. Perez: Now, who is the applicant here the City of Miami or the HRS?
Mr. McManus: This is a City of Miami Planning Department application.
Mr. Perez: Is the applicant also?
Mr. McManus: And the applicant.
Mr. Plummer: Is that to save the State money?
Mr. McManus: Well, the reason for that is the City of Miami is basically
the owner of the property. You know, we are the...
Mr. Rooten: The closing date has not occurred on the piece of property yet.
So, officially at the present time the City of Miami still owns the piece of
property.
Mr. Plummer: Yes, but it was my understanding that you know, you all were
going to pay for any cost incurred and you are going to pay for this application,
I assume.
Mr. Rooten: We are paying.
Mr. Plummer: Ok, it's on the record.
Mr. McManus: So that the two items before you in this hearing are rezoning
of a very small portion of the site and in terms of the Gu (Governmental Use),District
permission to construct and operate the South Florida Evaluation and Treatment
Center.
Mayor Ferre: Are there any objectors? Alright, what's the will of the
Commission on Item 5a?
Mr. Plummer: Move it.
Mr. Carollo: Move.
Mayor Ferre: It's been moved and seconded, further discussion, read the
ordinance. Alright, is there further discussion? Call the roll.
91 70 MAY 2 71982
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, _
AS AMENDED, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI, BY
CHANGING THE ZONING CLASSIFICATION FROM
I-1 (LIGHT INDUSTRIAL) TO GU (GOVERNMEN-
TAL USE) ON BLOCKS 1 AND 2 (PT); NORTH —
28' OF THE SOUTH 53' OF THE EAST 420' OF =_
THE WEST 1014.26' t COMMENCING AT NORTH-
WEST LOTH AVENUE AND EXTENDING 1014.26' t
EASTERLY BOHEMIA PARK AMEND (6-171);
BEING APPROXIMATELY 701-999 NORTHWEST
22ND STREET, AND MAKING THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE A
PART OF SAID ORDINANCE NO. 6871 BY
REFERENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2, THEREOF; BY REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT; AND CONTAINING A
SEVERABILITY CLAUSE: AND DISPENSING WITH THE
REQUIREMENT OF READING THE SAME ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE
MEMBERS OF THE COMMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner Carollo
for adoption pursuant to Section 4, Paragraph (f) of the City Charter,
dispensing with the requirement of reading same on two separate days by
a vote of not less than four -fifths of the members of the Commission -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission, on motion of Commissioner Plummer and seconded
by Commissioner Carollo, adopted said ordinance by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9421
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and copies were available to the public.
ON ROLL CALL:
Mr. Dawkins: I'm going to vote "yes", but I want it clearly understood why
I'm voting "yes". Everytime there is a governmental entity whether it be
low income housing or whatsoever, there is only one community that it gets
stuck in and I have a problem with that and from now on as I sit here on this
Commission I will be addressing that. If other individuals in the City of
Miami are not desirous of having such entities in their "neighborhoods", then
I as a Commissioner will see that they do not get stuck in my "neighborhood".
I vote "yes".
gl
71 MAY 2 71982
24. APPROVE CONSTRUCTIO11 AND OPERATION AT "SOUTH FLORIDA EVALUA-
TION AND TREATMENT =TER" - AGU - AT APPROXIMATELY 701-999
N. W. 22 STREET.
Mayor Ferre: Does anybody want to move Sb?
Mr. Plummer: Move it.
Mayor Ferre: Alright, it's been moved,...
Mr. Dawkins: Second.
Mayor Ferre: ... and seconded, further discussion on 5b, call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-456
A RESOLUTION GRANTING PERMISSION TO
CONSTRUCT AND OPERATE A GOVERNMENTAL
FACILITY (SOUTH FLORIDA EVALUATION AND
TREATMENT CENTER) ON LOTS 5 THROUGH 12,
BLOCK 1, L.C. RICE ADDITION NO. 1(9-175),
ALL OF BLOCKS 1, 2, 3, 41 LESS SOUTH 25'
i COMMENCING AT NORTHWEST LOTH AVENUE AND
EXTENDING 1014,26' 1 EASTERLY; BOHEMIA
PARK AMENDED (6-171), AND THE UNPLATTED
PART OF NORTH h OF NORTHEAST h OF SOUTH-
EAST 4 OF SOUTHEAST k OF SECTION 26,
TOWNSHIP 53 SOUTH, RANGE 41 EAST LESS
EAST 182' AND LESS SOUTH 35' FOR STREET,
EAST 182' OF NORTH h OF NORTHEAST k OF
SOUTHEAST h OF SOUTHEAST h OF SECTION 26,
TOWNSHIP 53 SOUTH, RANGE 41 EAST LESS
NORTHWEST 7TH AVENUE AND LESS SOUTH 35'
TO THE SEABOARD AIRLINE RAILWAY; BEING
APPROXIMATELY 701-999 NORTHWEST 22ND
STREET, PER SITE PLAN ON FILE, PER ARTI-
CLE XXI-2 GOVERNMENTAL USE DISTRICT,
SECTION 3(1)(a) OF COMPREHENSIVE ZONING
ORDINANCE NO. 6871; ZONED GU OR PROPOSED
TO BE REZONED TO GU.
(Here follows body of resolution, omitted hors 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 J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
gl
72
MAY 2 7 1982
0
25. AUTHORIZE CITY MANAGER TO EXECUTE AND DELIVER A DEED TO STATE
OF FLORIDA TRARSFERRING OWNERSHIP OF THE FORMER SEABOARD
RAILROAD TERMINAL PROPERTY AT 2200 N.W. 7 AVENUE (FOR A
FORENSIC HOSPITAL FACILITY).
Mayor Ferre: Alright, this is a resolution authorizing the Manager to execute
and deliver a deed to the State of Florida transferring ownership of the former
Seaboard Railroad Terminal Property located at 220 Northwest 7th Avenue,
consisting of 6.14 acres, more or less for use as a Forensic Hospital facility
in exchange for the payment of five hundred forty-four thousand six hundred
fifty dollars. Is there a motion?
Mr. Carollo: Move.
Mr. Plummer: Well, you know...
Mayor Ferre: Who moved it?
Mr. Carollo: I moved it.
Mayor Ferre: Is there a second? Hold on.
Mr. Perez: Second.
Mayor Ferre: Alright, under discussion, Plummer.
Mr. Plummer: Mr. Mayor, you know, I have been behind this project all the way
along and I want to continue to be for it, but I want to tell you something.
That is about as slip shod wording as I have ever... "more or less". Well,
you know, "more" could be an additional twenty-two acres that we don't own.
I just...I tell you, I cannot in good faith vote for something with... you know,
you want to make the dollar figure "more or less", I will go along with that.
Mayor Ferre: J. L., I'm not a lawyer, but I am sure that 6.14 acres more or less
could not be construed as twenty-six acres.
Mr. Plummer: No, I have seen it happen Mr. Mayor, where it was fifty.
Mayor Ferre: More or less the 6.14 acres I'm sure is more or less 6.14 acres.
Mr. Plummer: Then drop more or less, that's what I'm saying. I... you know...
Mayor Ferre: But it isn't exactly 6.14 acres. It could be 6.18.
Mr. Plummer: Perry, let me tell something old buddy, one of the problems of
being around here for a long time, Maurice should remember the sewage plant at
Virginia Key. Now, that was the biggest more or less I ever saw. And all I'm
saying to you is to ask me to vote for something more or less is ridiculous.
Mr. Carollo: Let's just make it this way, let's make it 6.14 acres more or less,
but no more than 6k.
Mr. Plummer: Fine, be definitive.
Mayor Ferre: Ok, further discussion on the motion as amended?
Mr. Gary: Mr. Mayor?
Mayor Ferre: Yes, sir.
Mr. Gary: Can we just make it 6.14?
Mayor Ferre: Yes, sir.
Mr. Plummer: Fine.
Mayor Ferre: Fine, is that alright? Further discussion, call the roll.
91 /3
MAY 2 7 19822
C r
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 82-457
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND TO
DELIVER A DEED TO THE STATE OF FLORIDA TRANSFERRING OWNERSHIP
OF THE FORMER SEABOARD RAILROAD TERMINAL PROPERTY LOCATED
AT 2200 N.W. 7TH AVENUE, CONSISTING OF 6.14 ACRES, MORE OR
LESS, FOR USE AS A FORENSIC HOSPITAL FACILITY IN EXCHANGE
FOR THE PAYMENT OF $544,650.
(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 J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
26. ACCEPT PLAT: "PAGE GREEN." LOCATED ON N.W. 23 STREET BETWEEN
N. W. 7TH AND 8TH AVENUE.
Mr. Homer Rooten: Mr. Mayor, there is only one other issue that's on your
agenda today surrounding this topic and that's Item 20 and that has to do
with the plat of that property and if you would, I would appreciate your
taking...
Mayor Ferre: Alright, does somebody want to move Item 207
Mr. Carollo: Item 20?
Mayor Ferre: Plat.
Mr. Carollo: The plat, I will move.
Mayor Ferre: Alright, it's been moved by Carollo, is there a second? On
Item 20.
Mr. Perez: I second.
Mayor Ferre: Seconded by Perez, further discussion, call the roll.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 82-458
A RESOLUTION ACCEPTING THE PLAT ENTITLED "PAGE GREEN", A
SUBDIVISION IN THE CITY OF MIAMI, FLORIDA; AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING
THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA.
74
gl
MAY 2 ? 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 Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
27. 1ST READING ORDINANCE: CHANGE ZONING OF APPROXIMATELY 6202-
6398 - BISCAYNE BLVD. FROM R-C TO C-1.
Mayor Ferre: Alright, now we are on Item #6.
Mr. Whipple: Mr. Mayor and members of the Commission, Item 6 is in a way
just a housekeeping item. As the Commission may be aware we just at zoning
passed a SPD-3 Overlay District for Biscayne Boulevard approximately a year
ago. Inadvertently some property was left out in this process and we
then have this item before you today by which to include it. As far as the
zoning goes C-1 and the SPD-3 Overlay District, parts A and B.
Mayor Ferre: Anybody have any problems with this? Any problems with this?
If not, who wishes to move Item 6a?
Mr. Carollo: Move Item 6a.
Mayor Ferre: Alright, Commissioner Carollo moves 6a, is there a second on 6a?
Mr. Plummer: Second.
Mayor Ferre: Seconded by Plummer, further discussion, read the ordinance.
Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
AS AMENDED, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI, BY
CHANGING THE ZONING CLASSIFICATION OF
LOTS 11 THROUGH 15, NORTHGATE BLACK 9
RESUB (9-157) AND THE EAST 40' OF LOT 11,
AND ALL OF LOTS 12 THROUGH 15, BLACK 10,
NORTHGATE (8-88), BEING APPROXIMATELY
6202-6398 BISCAYNE BOULEVARD, FROM R-C
(RESIDENTIAL OFFICE) TO C-1 (LOCAL COM-
MERCIAL), AND BY MAKING ALL THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE A
PART OF SAID ORDINANCE NO. 6871, BY REFE-
RENCE AND DESCRIPTION IN ARTICLE III,
SECTION 2, THEREOF, BY REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS
THEREOF IN CONFLICT AND CONTAINING A
SEVERABILITY CLAUSE.
gl 75
MAY 2 71982
\'
e
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
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.
28. 1ST READING ORDINANCE: APPLY SPD-3 BOSCAYNE BLVD. NORTH SPECIAL
OVERLAY DIST. TO PROPERTY AT 6202-6396 BOSCAYNE BLVD.
Mayor Ferre: Alright, we are now on Item 6b. Who moves 6b?
Mr. Carollo: Move.
Mayor Ferre: Moved by Carollo, is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Seconded by Dawkins, further discussion, read the ordinance.
Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
AS AMENDED, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI, BY
APPLYING ARTICLE XXI-5, THE SPD-3 BIS-
CAYNE BOULEVARD NORTH SPECIAL OVERLAY
DISTRICT TO PROPOSED C-1 LOTS 11 THROUGH
13, NORTHGATE BLOCK 9 RESUB (9-157) AND
THE EAST 40' OF LOT 11, LOTS 12 THROUGH
16, BLOCK 10, NORTHGATE (8-88), BEING
APPROXIMATELY 6202-6398 BISCAYNE BOULE-
VARD; AND BY MAKING ALL THE NECESSARY
CHANGES IN THE ZONING DISTRICT MAP MADE
A PART OF SAID ORDINANCE NO. 6871, BY
REFERENCE AND DESCRIPTION IN ARTICLE
III, SECTION 2, THEREOF, BY REPEALING
ALL ORDINANCES, CODE SECTIONS, OR PARTS
THEREOF IN CONFLICT AND CONTAINING A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Dawkins
and passed on its first reading by title by the following vote -
AYES: cm=issioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
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 membepA&f the City Commission and�t tj �n
91 lu
MH T G
29. AMEND THE " PORT OF MIAMI DEVELOPMENT ORDER: WinCH WAS APPROVED
BY RESOLUTION 110. 79-850.
Mayor Ferre: Take up Item #7, which is the Port of Miami Development Order.
an amendment.
Mr. Carollo: Move.
Mayor Ferre: It's been moved by Commissioner Carollo, is there a second?
Mr. Perez: Second.
Mayor Ferre: Seconded by Commissioner Perez.
Mr. Carollo: Mr. Mayor, there might be someone here who might like to speak
against it, I don't know. No. Ok.
Mayor Ferre: Alright, are there any opponents?
Mr. Gary: No, he is for it.
Mayor Ferre: Any opponents?
Mr. Gary: He is for it.
Mayor Ferre: Your name and address for the record.
Mr. Gary: He is not an opponent.
Mayor Ferre: Your name and address for the record.
Mr. Bill Franco: Oh, I'm Bill Franco from the Port of Miami.
Mayor Ferre: Alright, Mr. Franco, you want to give us any...
Mr. Franco: No, sir, I'm just here representing Mr. Lunetta, who is
out of town.
Mayor Ferre: Ok. Mr. McManus?
Mr. McManus: No, sir.
Mayor Ferre: Alright, is there further discussion, call the roll.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 82-459
A RESOLUTION OF THE CITY OF MIAMI COMMISSION FINDING THAT THE
FOLLOWING AMENDMENTS DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION
FROM THE TERMS OF THE PORT OF MIAMI EXPANSION DEVELOPMENT ORDER
(RESOLUTION 79-850 DATED DECEMBER 15, 1979); AMENDING SAID
DEVELOPMENT ORDER CONCERNING THE TIME LIMITS IN CONDITIONS 2, 3,
9 and 17; AND FURTHER, AUTHORIZING AND DIRECTING THE CITY CLERK
TO FORWARD THE RESOLUTION TO AFFECTED AGENCIES AND THE APPLICANT.
(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 J. L. Plummer, Jr.
vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None. 77 MAY 2 71982
gl &%CC%TW. *I---
J
30. GRANT THE "MIAMI HERALD PUBLICATION CO." THEIR REQUEST FOR
VARIANCES ON SETBACKS FROM CEIiTER LINE OF STREET AITD F.A.R. -
ALLOW ADDITION TO EXISTING BLDG. AT 1 HERALD PLAZA.
Mayor Ferre: Take up Item #8. This is an appeal by the Miami Herald Publishing
Company. Is the Miami Herald Publishing Company here? Alright, would you
please step forward.
Mr. Carollo: Excuse me, is Mr. McMullin here today or not?
Mr. Dorey Davis: No, sir he is not.
Mr. Carollo: Ok. Someone said he had a strong case of the stomach flu, it's
been confirmed.
Mayor Ferre: Alright, we are now on Item #7, Mr. Davis.
Mr. Carollo: For the record Mr. Mayor, before we start, the last time that
the Miami Herald came before us for this variance we gave the opportunity to
and invited their editor, Mr. McMullin.and all those fine chaps who write all
those editorials and I would just like to point out for the record the fact
again, that we did extend that invitation and that they all declined to
appear before us. Not that it surprised me, but I would just like to put it
for the record.
Mayor Ferre: The record will so reflect. Go ahead Mr. Davis.
Mr. Davis: Mr. Mayor and members cf the Commission, for the record I am
Dorey Davis, Steele Hector and Davis, Southeast Bank Building, Miami, Florida.
Mr. Carollo: Excuse me, sir, can you get a little closer to the mike or move
it closer so we could hear you?
Mr. Davis: Yes, I'm sorry.
Mr. Carollo: Thank you.
Mr. Davis: I wonder if that's better.
Mr. Carollo: That's better, sir.
Mr. Davis: The Miami Herald has a compelling need for expansion of its
press facilities and its office space and to meet this need the Miami Herald
request approval of its application for permission to construct a sixth floor
addition to the existing five story press building. The existing improvements
on the Miami Herald Property consist of two interconnected buildings. The
larger southerly building is six stories. The smaller northerly building is
five stories. The requested six story addition to the northerly press building
would bring into harmony a six story building of the two interconnected buildings.
There is a photograph in front of you there that gives you an idea of the
improvements that are sought by this application. Outlined in red is the
proposed six story addition. The existing buildings were constructed nearly
twenty years ago. At the time of construction they complied with all City
requirements. Due to the changes during the past twenty years the proposed
six floor addition now requires a variance from the floor area ratio requirements.
2.0 is allowed, 2.52 is needed for the sixth floor addition. Also, is needed
a variance from the street setback requirements of 48.52, 75 feet from the
centerline is required and the present base line is 35 feet from the center line
of the street. In addition to those variances a modification of the Charter
requirement that the proposed six floor addition setback 50 feet from the Biscayne
Bay seawall. Existing building constructed in 1962 sets back only 25 feet
from the seawall. The requirement for the 50 foot setback from the seawall
was adopted September 18, 1979 seventeen years after the construction of the
present building and this is setforth in Section 3, Subsection 4 of the
Charter Amendment. Also, the side yard... the Herald request modification of
the side yard requirements, twenty-five percent of the total waterfront property
is required and 5.19 percent is presently provided. I would like to first
gl
MAY 2 71982
address very briefly the request for the variances. There is no adverse impact
upon the neighboring properties, because the Herald building is bounded on the
south by the I-95 expressway right -a -way and by the McArthur Causeway. On the
north it is bounded by Northeast 15th Street and the Venetian Causeway. On the
west by the Herald Plaza that extends from 15th Street to deadend at the Venetian
Causeway at 13th Street at the end of that.
Mayor Ferre: In other words, your client owns :it all?
Mr. Davis: He owns that area between the two causeways► yes, sir, and on the_
east by the seawall of the Biscayne Bay. The Herald does as you know own the
property westerly of the Herald Plaza. So, this isolated location on the north
the south and the east and the west provides a buffer for any adjoining properties.
Mr. Carollo: So, in all the blue area this property is owned by the Herald?
All the blue area in the map?
Mr. Davis: Yes, sir. That indicates the property to the west of the subject
property that is owned by the Herald, which I think demonstrates the absence
of any potential impact on the surrounding property.
Mr. rarollo: Now, I wouldn't say that, but go ahead, sir.
Mr. Davis: I'm not sure I understood your question.
Mr. Carollo: I said go ahead.
Mayor Terre: Oh, what he means is that the Herald may not own the blue area
forever and someday there might be other neighbors, so we cannot just consider
the question based on the premise that the Herald happens to own everything
around it. In other words, I think we have to consider this on the merits of
the issue rather than the fact the Herald controls all the land. I know the
Herald likes to control a lot of thing, but that is perhaps a... not a very
totally germane point, but we don't mean to interrupt your presentation,
Mr. Davis.
Mr. Davis: Well, on continent on that I would respectfully submit for your
consideration and in consideration of the merits, I think we are bound to
consider the existing use and the existing situation and not in respect to
the potential of any future occurrence and my point simply is, that in respect
to any adverse impact on the neighborhood, it's demonstrated that the isolated
condition and the ownership on the west would eliminate, the possibility of
an adverse impact. in respect to the hardship aspect as a basis for the request
for the variance, I would point out that in support of that, that the Planning
Department has reported to you as follows; a hardship can be recognized when
working with the restraints of an existing building which was was conforming
when constructed, but became non -conforming in part due to the zoning ordinance
amendment. Also, I would point out that Ordinance No. 9305 creating a new
commercial district CB-2 is applicable to an area immediately west of the
property owned the Miami Herald and that new zoning classification permits
a setback of ten feet and a floor area ratio from 7.5 to 10.5 of property
similar in the nature and character of the Herald's property in the neighborhood.
And also, in the interest of time I with the Commission's permission, I would
like to make a part of the record the Miami Herald's application for the
variances which states in four pages succinctly the grounds and basis for
the existence of the hardship. And with your permission I would like to ask
that it be made apart of the record and that the Clerk make copies available
to the Commission. We now come to the matter of the Charter modification of
the amendment adopted to Section 3, Subsection 4. This Charter Amendment
adopted September 18, 1979, some seventeen years after the construction of the
Miami Herald Building requires as a condition for the issuance of building
permit for any enclosured structures located on Biscayne Bay that such
structures, one, be set back at least fifty feet from the Seawall and Secondly,
that the side yards equal at least twenty-five percent of the water frontage
of the Property. The Miami Herald building that was built twenty years ago
does not meet the 1979 Charter requirements. The building base line is less
than twenty-five feet from the seawall and the loading dock by which news
print is unloaded and supplied to the Herald is less than the twenty-five
feet from the sea wall. The side yards do not aggregate twenty-five percent
of the water front property. The paved area between the building and the
seawall is used primarily for a loading dock for delivery of news print that
is required for the operation of the Herald. The Charter Amendment does
gl 79 MAY 2 71982
C 0
provide for a modification under certain conditions as you well know. And
to refresh your recollection, Section 3, Subsection 4 adopted September 18, 1979
provides that the setback and side yard requirements may be modified by the
City Commission if it is determined that the modifications requested provide
public benefits such as direct public access, public walkways, plaza dedications,
covered parking to the flood plane level or comparable benefits which promote
a better urban environment and public advantages which preserve natural
resources. A review of the Charter... 1979 Charter Amendment, I think, would
raise a question in your mind as to the intent that, that be applicable to
the situation existing in the Miami Herald building. It is indicated, I think,
clearly that it is intended to be applicable to a new structure at ground level
and was not intended to apply to structures in existence at the sixth floor
level. This is also indicated, I submit to you, by the fact that the exceptions
were granted in respect to projects planned before the effective date, but be
that as it may,the Herald proposes to comply fully with the spirit and intent
of that ordinance and to that end it is profferred as a part of its application
and request for permission for a public walkway extending the full length of
the Herald water front property, some seven hundred eighty feet. It provides
also for the establishment in maintenance of a public park at the northerly
end of the property which will also provide waterfall facilities and landscaping
and bench areas for the use of the general public. This public park will
be provided by an entrance from the 15th Street and also an entrance at the
southerly end. There will be some twenty-five thousand seven hundred square
feet dedicated to the permanent public use in the nature of a park and a public
walkway. The estimated cost of providing these improvements initially is
in excess of three hundred thousand dollars coupled with the permanent
obligation to maintain them permanently. These we submit constitute a compliance
with the public benefit requirements provided in the Charter Amendment. I
would like to ask with your permission that we make a part of the record and
ask the Clerk to make available to the members of the Commission a brochure
consisting of nine photographs. These photographs are designed first to
show the relationship of the Herald building to the surrounding area in the
neighborhood, then is followed by two photographs showing the relationship
of the Herald building to the bay front and the remaining photographs show
the present use of the area between the building base line and the seawall
and utilization of the property at the present time. We submit, therefore,
that the basis for the variance from the street setback is a valid proposal
since the base line is now thirty-five feet from the centerline of the street
and no adverse impact is brought about to the neighborhood. We have established
we believe, the necessary hardship basis and also in respect to the compliance
with the existing floor area ratio. We submit that we have supplied a
compliance with the public benefits requirements and with that presentation
I would ask with your permission to present to you Mr. Jose Feito, who will
first show you a before and after aerial photograph. First what the existing
facilities are and what is proposed and then with some detail show you exactly
what the Herald proposes to construct and maintain at its expense. The seven
conditions that have been prescribed or recommended by the Planning Department
are acceptable and the Herald has agreed to be bound by each and all of those
seven conditions. So, with your permission I present Mr. Jose Feito, who is
the architect and consultant to point out to you in some detail the proposed
public benefits.
Mayor Ferre: Alright, proceed Mr. Feito.
Mr. Jose Feito: Mr. Mayor, Commissioners, this photo here show the building
as it is now with the parking on the north and these area here which is now
where the barge comes and unloads the paper and they stack all these trailers
over here. What we are planning to do is the following, we are going to add
all these landscaping on the northern part of the building which will be...
the parking will be all remodeled and a lot of lush landscaping will be added.
Then this will be what we call the park and the walk along the bay. On this
area we are going to leave about fifty feet or fifty-two feet entrance to
the walk which will be a park with the waterfall here and then we have a
seating area, we have landscaping, then the walk will continue all the way
for seven hundred eighty feet.
Mr. Carollo: How much did you say you were going to spend on that landscaping
and walkway, three hundred thousand?
Mr. Feito: We are going to spend on all this around three hundred thousand
dollars.
ql so
MAY 2 7 1982
Mr. Carollo: Well, those are going to be some pretty expensive trees.
Mr. Feito: Well, we have to remodel the whole park and that's including the
parking lot. And that's including some of the work that we have here.
Mr. Carollo: I suggest you shop around a little more. I think whoever gave
you that figure is taking you for a ride.
Mr. Feito: Well, may be we made a mistake, but we will check on that.
Mr. Carollo: Yes, I suggest you do.
Mr. Feito:. Thank you. Now, the intention is that the people who walk around
here, we were complying with all the requirements for the walks on the bay
and we talked with... we already talked to Mr. McManus and Mr. Whipple and
his people on all the details required for that walk. We will have seating
area, we have lighting, we will have landscaping and we have everything...
Mayor Ferret Is it going to be lit at night?
Mr. Feito: Yes, of course.
Mayor Ferre: Mr. Feito, are we going to be able to have fishing from that
area?
Mr. Feito: Oh, yes.
Mayor Ferret Ok. One of the conditions, Mr. Davis, that I want to make sure
that the Miami Herald recognizes... you know, the Miami Herald was very strong
about letting the Boys Scouts and the kids, you know, from the Black community
and from Little Havana fish along South Bayshore Drive. They thought it was
just a patriotic thing that everybody ought to have the right to fish and
I would like very much to make sure that they are consistent with their
philosophy and I want to make sure that we have very large signs and that's
going to be one of the conditions of my vote that it says "The Miami Herald
welcomes you to fish off of our public walkway", you know, so that we can
be consistent with this pro bono fishing attitude that the Herald has.
Mr. Davis: The bay walk guidelines require a signed public area and I'm
certain that there is no problem in extending a more definitive welcome for
fishing.
Mayor Ferret Yes.
Mr. Davis: I think you must bear in mind that this area, the park and the
bay walk is dedicated for the public use to the full extent of the public
use. I should point out though and I want to take this opportunity to point
out because I should have done it before, that there is one limitation on that
and that is that doing those periods of time that these barges come in to
bring news print...
Mayor Ferret Yes, I understand.
Mr. Davis:... to unload at the loading docks there it's necessary that we
close it down because of public safety and the liability.
Mayor Ferro: Yes, I understand.
Mr. Davis: Now, with the exception of that limitation this is dedicated to
the complete and absolute public use.
Mayor Ferret Yes, we understand. You know, the Miami Herald by the way was
very, very strong in their opinions that Ar. Ball on the F.E.C. Railroad
not have these terrible barges unloading industrial products, you know, on
the bay side and of course, I'm sure that's not applicable in this particular
case because there is a big difference between these barges and of course,
the barges that the F.E.C. was bringing in, but in the case of fishing, I
don't think that there is really that much difference between the 3oys Scouts
and the poor folk that were going'to go down and fish along Bayshore Drive
and since this is a little bit closer to where a lot of poor folk live perhaps
there will be less of an objection on the part of the Herald to have the
poor folk fishing there.
91 81 MAY 2 71982
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Mr. Davis: Well, I'm sure there would be no objection, not on the contrary.
I think there would be an affirmative welcome to utilize it.
Mayor Ferre: They will have that opportunity.
Mr. Feito: The section that is... and we were going to continue the walk as
required by the guidelines twenty feet more or less wide, but we decided that
on the average will have about thirty-three feet wide. When we come to this
point then we are going to go back to the building and then we enclose the
bottom of the building with protection for the building and for the people.
So, therefore, at this point the setback will be about fifty feet. Here we
will have fifty feet average of thirty-three and this will be the closest
point here which is fourteen feet which of course, is an existing wall and
we cannot tear it down. I would like to show the floor plan on a bigger
scale. What we are doing now as I'm going to explain to you, we have...
all this parking will be redone, all the landscaping will be new, will comply
in excess with the required landscaping and all this front will be new, all
the paving and the...
Mr. Carollo: Where is the park going to be at?
Mr. Feito: The park will be a feature park entrance what we call it. We
are supposed to have twenty feet, but we are going to back to fifty feet here.
Mr. Carollo: Fifty feet?
Mr. Feito: Set back....
Mr. Carollo: By how many feet?
Mr. Feito: We have about six thousand feet here.
Mr. Carollo: That's a pretty small park. I thought you were talking about
a real park.
Mr. Feito: Well, we are talking about an entrance park which is actually
added to what is required by the river walk.
Mr. Carollo: Entrance park?
Mr. Feito: It's an entrance park, yes. Instead of having something very
narrow we are opening that with a cascade waterfall here and seating area.
We are going to continue all the way through this walk and enclose all the
areas of the building so you won't see trucks service areas, you will see
only all design safety we are going to add and there will be seating and
will be tables and the people will be able to come from this side, walk all
the way across and get on the other side which is the McArthur Causeway. I
think we have some of the views of how they look. We are talking approximately
about twenty-six thousand square feet of area which the Miami Herald is adding
to this project, which by the way I think is an excellent idea of the front
view to the bay. This is the entrance where you were asking. Now, the feature
park or mini park the entrance will be fifty-two feet from here to here and
we have a waterfall, we have concrete walls and railings and landscaping.
Mr. Carollo: How far back those fifty-two feet go for?
Mr. Feito: They go about, I would say another fifty feet here and then the
rest will be twenty... about thirty feet Isere and then it goes down to twenty-five
and then to fourteen and then to fifty.
Mr. Carollo: Are they going to have spaces there so the people can play
dominoes and stuff?
Mr. Feito: I can't hear you.
Mr. Carollo: Are they going to have little tables so people can come and
Play dominoes, sit down and have a picnic or anything like that?
Mr. Feito: Everything could be possible.
Mr. Carollo: You mean everything could be... I didn't hear that did I?
Everything could be possible?
91 2 MAY 2 71962
Mr. Feito: Yes, everything could be possible there. You can have tables,
you can have picnics. You have a lot of things happening there.
Mr. Carollo: I didn't hear that. I didn't hear that, because you know, I
got this article propositioning Miami in front of me the Herald wrote and when
I hear that it makes me nervous. I didn't hear that.
Mr. Feito: You have another one over there. Another view.
Mr. Carollo: I don't want people to get the wrong impression that for a
couple of picnic tables or dominoe tables we are going to give a variance
i away.
Mr. Feito:* By the way, we are going to work with the Planning Department and
we already said that and we are going to work with Mr. McManus and Mr. Whipple
and some of his staff people and we are going to comply with whatever they
require if possible.
Mr. Carollo: Well, I'm glad to hear that.
Mr. Feito: So, that's basically... We will have... after this we will have
to go and work with them.
Mr. Carollo: I'm glad to hear that. I just hope...
Mr. Feito: That's the way we have been working.
Mr. Carollo: I just hope you all remember that you have to work with us
before you work with anybody else.
Mr. Feito: I always remember that Mr. Carollo. This is the section of the
building and the walk which is divided as usual. This will be the bulkhead,
the circulation area and then will be the private area or passive areas
as they call it where you will be sitting playing dominoe and doing whatever
what you want, picnic or... alright.
Mr. Carollo: I'm going to get some buses, if by some miracle this becomes a
reality, you know, so that all the people that need to come in there will come
there everyday.
Mr. Feito: And this is the area that we call in front of the building in
which we have the separation between the parking and the passive area. And
that's about what we have. If you have any questions I will be very glad to
answer them.
Mayor Ferret I will tell you, could we see the drawings? I can't see that
far. I would like to see it in better detail.
Mr. Feito: Oh, I'm sorry about that, sure.
Mr. Carollo: Do you have any drawings of what the actual sixth floor is going
to look like?
Mr. Feito: We don't have that here... well, we have that showing on the first
one.
Mr. Carollo: Where?
Mr. Feito: Mainly the one that we have with the...
Mr. Carollo: Can you show me that please?
Mr. Feito: Yes, of course. Yes, I will bring that to you. This is the one.
This is the way the sixth floor is going to be added.
Mayor Ferret Is that a finished design?
Mr. Feito; Yes.
Mayor Ferret The trucks come into the middle?
Mr. Feito; The trucks are going to come from inside.
the building and then go out on that way.
gl 83
They will come under
MAY 2 71982
V
(COMMENT INAUDIBLE).
Mr. Feito: This over here, Mr. Carollo.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Feito., Yes. Actually we follow the same foot print that we have on the
existing building which we call... this is about seven percent of the total
building area.
Mr. Carollo: Seven percent...
Mr. Feito:_Uf the area........
Mayor Ferre: I have got some technical questions if you are ready to answer
them.
Mr. Feito: I will try.
Mayor Ferre: One of the things that I want to make sure ,;hat we achieve, if
this were to be passed by the majority of the members of L;:.e Commission is
that we have a continuity along the bay. Now, that continuity, of course, is
not... Mr. Whipple, you better listen to this. Now, that continuity is
important so that people who are in Downtown will be able to walk to Margaret
Pace Park or to the Omni area along the Bay. Now, to do that we are going
to have to cut over that Causeway. Otherwise there is no continuity.
Mr. Feito: Those two causeways actually. This and that. Well, I suppose
we are going to continue this way. Right?
Mayor Ferre: Yes. Well, I... but it's going to be impossible to continue
that way because Mr. Hollo has already built that building even though next
building...
Mr. Feito: Oh, you mean this one over here.
Mayor Ferre: That's right, is setback, but that building is not. Now, there
is a walkway there which as I understand by the way Mr. Manager, according
to Mr. Dan Paul even though a year and a half ago, two years ago we passed
the ordinance, this City of Miami has still not collected the deeds to the
water front property. Are you aware of that Mr. Manager? Mr. Reid? Would
Mr. Gary: No.
Mayor Ferre: Would you believe after all the work and everything we have
done we still do not have the deed to the water front dedication on the bay
walk on the Hollo property right next door. And I asked Mr. Hollo and he
said "I have got no problem I'm ready to sign it any time you want, but nobody
has asked me for it". Now, that is absolutely shameful. I just can't believe
that we could let something like that go. Now, getting back to this piece of
property here. Are you going to be deeding or are we getting a legal document
that says that, that bay walk is open to the public in perpetuity except when
the barges are there?
Mr. Davis: Yes, sir.
Mayor Ferre: Now, Mr. Feito,... yes, sir?
Mr. Davis: In conjunction with that matter the Planning Department has
submitted a easement which describes the property and grants a permanent
easement there. That's if this... the Commission sees fit to approve our
request. The execution of that document which needs only to be revised to
set up the right to close it to public use when the barges are there, that
document is ready to be executed subject to your approval of the application.
Moreover, we are going to have to replat the area that's the site for the
building and we... has been proposed that the dedication be incorporated in
the plat, either or both.
Mayor Ferre: Now, Dorey, how about the parking lot that's going to be landscaped,
is that ... how is that treated?
gl
84 MAY 2 71982
Mr. Davis: That is part of the plan approval that has to be accomplished and
approved before a building permit is issued.
Mayor Ferre: That property is part of the Herald Publishing Company?
Mr. Davis: Yes, sir, we own it.
Mayor Ferro: And you retain the title to it and use it as a parking lot.
Mr. Davis: No, the part that is to be dedicated for a park entrance or whatever
you may call it will be part and parcel of that, that's dedicated to public
use.
Mayor Ferrel That's not my question.
Mr. Davis: I'm sorry. I didn't...
Mayor Ferre: Mr. Davis, the property next to the Miami Herald building that
you have here is a parking lot.
Mr. Davis: Yes, sir.
Mayor Ferre: The fee title to that is in the hands of the Herald Publishing
Company.
Mr. Davis: Yes, sir.
Mayor Ferre: Now, you are going to landscape and beautify that, are we getting
any kind of commitment on the usage of that property that is going to be
maintained as open space?
Mr. Davis: To the extent that our showing of the landscaping is part and
parcel of the site plan or the plot plan that has to be approved before a
building permit is issued...
Mayor Ferre: That's not my question.
Mr. Davis: ... we can't dedicate trees.
Mayor Ferre: No, no, that's not my question.
Mr. Davis: I'm sorry Mr. Mayor, I didn't understand it.
Mayor Ferre: Let me be more specific. Ten years from now can the Miami Herald
apply to a future Commission for a twenty story building on that piece of
property, that's my question?
Mr. Davis: What would happen then?
Mayor Ferre: No, can the Herald apply for a rezoning of that piece of property
to build a high story building in years to come?
Mr. Davis: Oh, sure they could.
Mayor Ferre: Ok, so in other words, we are not placing any restrictions on
the usage of that property?
Mr. Davis: No, to this extent, to this extent that area that will be dedicated
for public use, will be dedicated to public use in the form of a permanent
easement together with the easement for the use of the public.
Mayor Ferre: I understand. I understand. Understood.
Mr. Davis: Now, that would be no matter what they did in the future. We
would be subject to that recorded document.
Mayor Ferret Understood.
Mr. Davis: otherwise, if they wanted to tear it down and build a skyscaper
they would follow the usual zoning procedures. There nothing to prevent them.
gl MAY 2 7 Igor,
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Mayor Ferre: On the property?
Mr. Davis: But that would still be subject to the dedication that we are making.
Mayor Ferre: I understood that Mr. Davis, that has nothing to do with my
question. I'm just trying to get a very simple question answered and that
is, is that lot, that parking lot there are no restrictions that are being
placed by this covenant on that park other than the fifty feet which you have
already outlined three times to us.
Mr. Davis: That's correct, sir.
Mayor Ferrer. Ok, that's all I want to know. Now, getting back to Mr. Feito
on the question of access. You know that eventually there has to be a
pedestrian bridge under that causeway, under or over.
Mr. Feito: One way or the other.
Mayor Ferre: Ok. As I under...
Mr. Feito: Or cross over there or put a light which I think won't be workable.
I don't know.
Mayor Ferre: Have you looked into that Mr. Feito, as part of your charge?
Now, well, we have and evidently and I was going to insist that the connector
be paid for by the Herald Publishing Company. However, I found out that it's
probably going to cost about three or four hundred thousand dollars because
it has to be a concrete walkway that goes underneath and it has to step
down and around and becomes a very► very expensive thing. So,...
Mr. Feito: It is very low. So, you have to go out to get the hepdroom
Mayor Ferre: I understand. So, therefore, we can't really ask you to do that
in my opinion. I think it's a rather... it's too much of a burden to ask.
But I do think this that I want to put into this document and I want to know...
Who is the attorney that worked on this document? Mr. Knox, who is the attorney
that worked on the legal document on the...
Mr. Whipple: On the easement, sir?
Mayor Ferre: Yes, sir.
Mr. Whipple: In conjunction with the platting the Law Department... Mr. Percy
is overseeing that.
Mayor Ferre: Did you consider at all the obligation and I told Mr. Dan Paul
when he talked to me about this that the minimum that I would insist on is that
when that walkway connector is built, that the Herald Publishing Company
pay for the lighting and the safety precautions. In other words, if they
I understand they are going to put a television thing there to kind of monitor
that nothing,is going on along that walkway and I want to make sure that we
have a commitment from the Herald legally binding and in writing that, that...
the lighting and the safety precautions will be extensive to the areas that
will connect to the next piece of property. Now, in other words, I want the
burden on the property owner to keep that lit and to keep it patrolled even
if it's with a television camera. However, they are going to do their own
safety. I want it extensive across that causeway to the park, to the edge
of the park. Now, from the park on...
Mr. Feito: You mean to here, to here.
Mayor Ferre: No, to the other side.
Mr. Feito: You mean the whole thing or whatever... bridge.
Mayor Ferre: That's precisely the point. Not the money now, don't misunderstand.
Not the expensive of building it, because that's too much. Talking about
Not the expense of building it, because that's too much. Talking about
safety feature, that you do it on that walkway as well as along the thousand
feet in front of the Herald.
Mr. Feito: I will have to pass that to Mr. Davis.
91
06 MAY 2 71982
Mr. Davis: Well, I want to be sure this time Mr. Mayor, that I understand and
try to accurately answer your question. In respect to the seven hundred eighty
feet of the walkway and the park entrance that's on the Herald's land it's
my understanding that their obligation to keep it lighted and subject to the
security...
Mayor Ferre: To keep it lit and to keep it maintained.
Mr. Davis: Maintained, is part and parcel of the bay walk guides that we have
agreed to live up to...
Mayor Ferre: Yes, sir.
Mr. Davis: ...and they will be incorporated as part of the plat use plan.
Mayor Ferre: Yes, sir.
Mr. Davis: So, to the extent that they require lighting, to the extent that
we are liable for the maintenance, to the extent that we are liable for the
security and it hold the City harmless from any liability that is required
as I understand it as part of the bay walk guidelines which are incorporated
where applicable into our application.
Mayor Ferre: Yes, sir. Now, that's not my question. My question is I want
that same... those same conditions extended in the future walkway if and when
it is built by the City or whatever governmental agency across that roadway,
that highway to the park. In other words, two hundred feet. If we build it I
want to make sure that the Herald keeps it lit, clean and guarded. In other
words, I want you to assume the responsibility to the next piece of property,
which in this case happens to be the park.
Mr. Davis: Well, to be sure I understand, you are talking about in the
event of the connection and the extension of the walkway through the Bicentennial
Park owned by the City that they will now agree to pay for the cost of lighting
Mayor Ferre: And maintaining it and guarding it.
Mr. Davis: Mr. Mayor, I can't give you an answer. I think that's a policy
matter and I certainly would respectfully submit you consider that because you
are asking them to...
Mayor Ferre: I apologize to you because I... and I know that Dan Paul is not
the Herald's attorney on this issue, but in discussing it with Dan Paul on two
or three different occasions, now and he was calling me to recommend that with
these conditions, that this was a fair type of a thing and I told Mr. Paul
when I talked to him that I would insist that the Herald pay for the lighting,
cleaning, and the television monitor to make sure that the connector to that
park is safe and clean, if and when we build it. Now, you know, it may be a
moot point, because it may be twenty years before this city finds three hundred
thousand dollars to build a connector between the park and Herald... and now
the Herald bay walk.
Mr. Carollo: Maurice...
Mr. Davis: Excuse me, my answer is the same. I can't commit the Herald to
that.
Mayor Ferre: I understand. I would like to, if we get to voting on this
thing today, Mr. Attorney, I want to make sure that, that is a condition of
at least my vote and the Herald can of course, answer if they wish. I don't
think this is an unreasonable request and in talking to Dan Paul about it
he didn't either. He thought that was a very mild thing. All we are asking
for is a couple of light bulbs and that the same people that are cleaning
up the walk along the Herald do it for another couple of hundred feet, that's
all. And if you are going to put a t.v. monitor, that you also cover the
new walkway.
Mr. Carollo: Maurice, one of the statements made by Mr. Davis was that, well,
they built that building there before the fifty foot set back law was enacted, therefor,
they really don't have to conform with the law. Wall, let me make a correction.
If you didn't have to conform to the law, you wouldn't be here today. So, that
alone, I think, answers that pretty clearly. Second of all, how can these
91 87 MAY 2 7 190825.
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people... I mean, are we fools to sit up here. They have been demanding, yelling,
writing about, attacking this Commission, that we are letting this building have
one inch or two inches more than they should next to the water side, Dan Paul
has been... you know, he's got their ruler worn out from what I hear and now
they are going to come before us and they are going to tell us that they
are going to give us a few feet for a walkway in return for them to violate
the law for us to give them a variance. I think that if you all were really
so sincere in all the editorials that have been written month after month you
wouldn't have waited until now to have volunteered this walkway. This would
have been done out of the goodness of your hearts a long time ago. It insults
me sir, that you are going to come before me now and say that, well, we are
going to give this walkway, we are good people, we care about the community.
If you really did and if you really were so sincere in the editorial that have
been written that walkway would have been built along time ago. And the truth
of the matter is, the only people that walkway is going to benefit is going
to be you and your employees there. How many people are you going to see use that
walkway? Well, you know, I can count it on one hand. If Bicentennial Park is used
so little as it is and that's a beautiful park, do you thing that people are
going to through a very crammed walkway in an area that, that you know, no
one is going to be walking around in because their is nothing pretty about that
area, least of all that ugly building. That's one of the biggest eye sores
that we have in the City of Miami. You know, I just can't believe that we
are going to give this variance in return for this little walkway and this
joke of a park. If you want to give us a park why don't you give us that
whole area that you are going to landscape. Now, there you could get my
attention if you are really sincere for this community and not a little spot
fifty feet by fifty feet on one side and fifty by thirty on the other. That's
not a park. Furthermore, sir, even when you built the Miami Herald building
some years back this is the one building that received the most variances in
the history of Miami or as much anyone else. There were two City streets...
Mayor Ferre: No, they still hold the record. This is the record. There
has been no other building that has gotten more variances than this building.
This is it.
Mr. Carollo: Hopefully, after today, they will still hold it. There's
one... two streets that were take over; they were City property that you
built over. There were all kinds of variances, including variances to
put the name of the Miami Herald up there in that building.
I just find it so extremely hypocritical that after editorial and
editorial attacking this Commission; everything that we're doing is wrong;
that we should do this; developers should do that, that you are coming
before us and offer something that should have been done already by you
a long time ago. I hate to bring this up again, but I'd just like to
bring this up to the record again: the editorial from January 28th, 1982.
It had the title: "Propositioning Miami." I think that it is a very
appropriate article, especially for what I'm seeing here today.
"PROPOSITIONING MIAMI"
"Miami, the City that can't say "no." The beauty we see in
his eyes, see in his smile, in a weak spot for every developer
who comes along. Miami, the City that talks about its high
zoning standards, only to totally toss them aside every time
some developer makes a pass. Isn't it time for the Miami
City Commission to redeem the City's round heel's reputation?
I certainly think so."
and he finishes up by saying:
"The City should set the reverse precedent. Making developers
who are eager to capitalize the Miami's boom comply with City
Planning and Zoning guidelines. Zoning doesn't deter developers.
It provides the contacts for them, and the people who have to
live with what they develop. Why pretend to have a zoning law
if it is to be waived every time some developer finds it incon-
venient."
Isn't that what you're all doing, finding this inconvenient now? It's
like the lady of the evening whose virtues aren't accessible except by
any high roller who asks. Well, I tell you, my friends, you are not
going to find any lady of the evening over here. At least in the right
side of this Commission.
Mr. Mayor, I think that first of all, the bottom line is these people
are asking for something that they don't deserve according to our present
laws. They are asking for something that is going above the requirements
of the law. My feelings are the following: I think that this should be
something that every citizen of Miami should have a right to decide upon.
My personal feelings are that that building is one of the biggest eye-
sores in the history of Miami, and I'm not going to contribute anything
else to make it even uglier than it looks already. I personally feel,
Mr. Mayor, that the best position, the best route that this Commission
can follow, is by placing this in the ballot. If the people of Miami
want to approve this, I'll go along with the will of the people of Miami.
If they don't, so be it. If not, the only thing I could suggest is that
maybe you look in Broward County, maybe as close to the Panhandle, even
as close as Alaska. I'm sure you'e find some land at a pretty good price
over there to build.
Mayor Ferre: All right, Mr. Davis, do you want to say anything also
on your presentation?
Mr. Dawkins: I have a question or two for Mr. Davis, please, or the
architect, either one. flow many parking spaces will be added with the
new structure?
Mr. Feito: There won't be any added. There will be 19 less.
Mr. Carollo: Nineteen less?
Mr. Dawkins: Nineteen less?
MAY 27482
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e
Mr. Feito: INAUDIBLE COMMENTS (OFF MICROPHONE) NOT ENTERED INTO THE PUBLIC
RECORD.
Mr. Dawkins: You don't have to... I hear you well. So what you are saying
is that there will be 19 less than you presently have. And we have problems...
no, let me rephrase that... I have problems getting a parking space when
I have to transact business at the Herald.
Mr. Armando Gonzalez: Right now we have 917 parking spaces.
Mayor Ferre: Does that include the lots?
Mr. Gonzalez: I beg your pardon?
Mayor Ferre: That includes the lots where you own property.
Mr. Gonzalez: All the lots. At the end we are proposing 935.
Mr. Dawkins: And you have approximately how many workers per shift?
Mr. Gonzalez: Armando Gonzalez, Miami Herald. The maximum number of
workers per shift would occur during the day side Monday through
Friday. It is difficult to estimate the number of employees at that
point, but it would be in the order of 600 to 700.
Mr. Dawkins: 600 to 700.
Mr. Gonzalez: That, of course, would vary with the time of the day, with
the day of the week.
Mr. Dawkins: And you have how many parking spaces? Six hundred and what,
sir?
Mr. Gonzalez: 917 at the present time.
Mr. Feito: We have 917, but we'll be finishing 935. INAUDIBLE COMMENTS
NOT ENTERED INTO THE PUBLIC RECORD. We have 100 cars on the street that
we don't count. So it's around 1000 cars that you can park over there.
Mr. Dawkins: O.K., thank you.
Mayor Ferre: Are you telling me that the Miami Herald wants us to really
count street parking as part of the Herald?
Mr. Feito: No, I'm just telling... he's asking how many parking spaces
are being used over there.
Mayor Ferre: O.K., I didn't think....
Mr. Feito: For the relation with the... and this is basically used by
the people of the Miami Herald. No, we're not counting those.
Mr. Dawkins: O.K., secondly, how many hours per day is the barge tied up
and would blockade or prevent the use of the walk?
Mr. Gonzalez: On the average the barge makes ten visits per year to Miami.
On the average, the stay of the barge is four days. It could be less than
that or it could be slightly more than that. Sometimes, because of repairs
or bad weather, the barge may have to stay an additional day or so. It is
of course impractical and uneconomical for the barge to stay in Miami any
longer than absolutely necessary.
Mayor Ferre: Thank God!
Mr. Dawkins: That doesn't answer my... O.K., so what you're saying is
it makes ten trips a year. Is that what we're saying?
Mr. Gonzalez: On the average.
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MAY 27 1982
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Mr. Dawkins: O.K., so on the average of....
Mr. Gonzalez: ....four days.
Mr. Dawkins: ....4.5 days that you cannot use it.
Mr. Gonzalez: I would not average 4.5, I would say the average is 4.
Mr. Dawkins: Well, you just said it goes over four.
Mr. Gonzalez: If there is bad weather or repairs.
Mr. Dawkins: During the winter... I've been a seaman 18 years —during
the winter there are times when you have rough weather, when a barge
cannot go out or will be late, or what -have -you. And there are repairs
that are necessary, required. So I think 4.5 is nearer than 4. That's
just my opinion. So that is 45 days a year that the public will not have
access to toe walkway, right?
Mr. Gonzalez: That's correct.
Mr. Dawkins: Thank you.
Mayor Ferre: Any other questions?
Mr. Plummer: Yes, I have a question.
Mayor Ferre: All right, Mr. Plummer.
Mr. Plummer: Mr. Davis, or to the architect, whomever wants to answer.
I would like to first thank you for this letter which you sent to me.
It really doesn't give me the assurances that I'm looking for. First
of all I would ask you, looking at the map, since you have made it such
a very strong point that this will not impact on your neighbors, I have
to ask the question, is all of the property in yellow and in blue held in
unity of title?
Mr. Davis: I don't know.
Mr. Plummer: Well, Mr. Davis, it is very important. To me it is, because
of the fact that if in fact we were to approve this application, we could
then bind you that you could not build on the remaining property in
elimination of parking spaces. Do you see what I'm saying? Let me use
the outmost property, the one nearest to the boulevard. Today you are
using that as part of the configuration to determine your parking requirements.
Tomorrow you come in with an application... this is not personal, of course...
you, the Miami Herald, comes in with an application and you say, "City
Commission, we want to build a building there; or we are within the scope
of building a building."
Mr. Carollo: Give them another variance.
Mr. Plummer: Well, my concern is whatever that represents in number of
parking spaces would be lost. We had this problem with Jackson Hospital.
Every time Jackson Hospital came before this Commission to build a building,
it just so happened that it was on the top of a parking lot. Then in the
final analysis, when parking became so critical that even the Administration
could not find parking places, they came here and demanded that we build
them a parking garage.
I think that it is most important, especially the two that are immediately
to the west, that by unity of title, it will guarantee me that what you said
here today will have to be, in fact, lived up to. That is that you are your
next door neighbor and as such you will be prohibited from siphoning that
property off and building another building. One of the common practices,
as you know here today, is with hospitals. Mercy Hospital is a classic
example. They went immediately next door to utilize the both structures
and built the Professional Building. I'm sure that if the Miami Herald
flourishes as they have in the past ten years, they might want to build
another building across the street strictly for administrative purposes.
I think it is most important that that property, at least the two to the
91
MAY 2 71982
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Mr. Plummer (CON'T): immediate west, must be held in unity of title so that
we can be assured that they cannot, at any time, ever build and eliminate
more parking. I am concerned about that.
Mayor Ferre: All right, any further questions?
Mr. Carollo: I have one question. If I may get our first ring attorney...
Mayor Ferre: Wait a minute, Joe, I'm going to get to you in a second.
Plummer had the floor. Are you finished with your questions?
Mr. Plummer: For the time being, yes.
Mayor Ferre: All right, Demetrio has not had any questions.
Mr. Perez: I would like, Mayor, is to know more specifically why the
Planning Department recommends the approval for this variance.
Mayor Ferre: All right, Planning Department. The question is why is the
Planning Department recommending approval?
Mr. Richard Whipple: Well, I believe it was....
Mr. Carollo: Whipple, you are forgetting something.
Mr. Whipple: Yes, sir. My name is Richard Whipple, I live at 10330 S.W.
199th Street.
Mr. Carollo: South Dade, right, not the City of Miami. Thank you.
Mr. Richard Whipple: Unincorporated area of Dade County. The Planning
Department, in recognizing that we are dealing with an existing structure
as noted by the zoning ordinance, this can be recognized as a hardship to
development; and therefore, if this hardship is sufficient, could justify
the granting of the variance.
We felt that as we were dealing with a existing building footprint,
we are talking about an additional floor on that footprint, that we did
not have a problem with that additional area and setback.
Mayor Ferre: Dick, I can't believe that! Are you telling me... this is
the first time in twelve years that I've heard you talk about these things.
This is the first time that I've heard you say that. You mean to tPl me...
because you are always telling me that economics is not a hardship.
Mr. Whipple: I didn't say anything about economics, sir.
Mayor Ferre: Now tell me again, why does the Miami Herald have a hardship,
because of the footprint? You mean to tell me with all the land they have
around there they can't build their 40,000 square feet anywhere else?
Mr. Whipple: They probably could, sir. I'm not here to dictate where
they want to put it. I'm here to make a recommendation....
Mayor Ferre: Well, explain the hardship again, because I really want to
understand what the hardship is. Tell me what the hardship is.
Mr. Whipple: As stated in the zoning ordinance, the hardship can relate
to the size, shape of the property, and sometimes the location, and also
with respect to buildings and structures that may exist already on a site.
Mayor Ferre: And you find this to be a real hardship?
Mr. Whipple: I'm saying I believe there is sufficient hardship to
justify this, yes, sir. When working with the building that we have
and the plan that was proposed.
Mr. Carollo: Mr. Whipple, don't squeeze the Charmin. I see that they
haven't spoken evil of you as of late. I wonder why?
Mr. Whipple: They are not allowed to.
sl
MAY 2 71982
Mr. Carollo: I know how it works. Well, if I may, now, Mr. Mayor.
Mr. Whipple: Did I answer the question?
Mayor Ferre: Wait, Joe, I'm going to recognize you in a moment, but I
want to make sure everybody has a chance. Are you finished with your
questions?
Mr. Perez: Yes.
Mayor Ferre: All right, you've already had your questions answered. My
turn, O.K.?
Mr. Carollo: Yes, sir.
Mayor Ferre: Mr. Gonzalez, you are with the Miami Herald Publishing Companv.
Mr. Gonzalez: Yes.
Mayor Ferre: What position do you have in the Herald Publishing Companv?
Mr. Gonzalez: I'm in charge of the Management Engineering Department.
Mayor Ferre: The Management Engineering Department... and who do you
report to, who is your boss?
Mr. Gonzalez: Mr. Boykin Wright, Director of Operations.
Mayor Ferre: And who does Mr. Wright report to?
Mr. Gonzalez: Mr. Beverly Carter, General Manager.
Mayor Ferre: And who does Mr. Carter report to?
Mr. Gonzalez: Mr. Bill Ott, Corporate Vice President.
Mayor Ferre: And who does Mr. Ott report to?
Mr. Gonzalez: Jim Batton, President of the Knight=ltidder.
Mayor Ferre: And who does Mr. Batton report to?
Mr. Gonzalez: Alvah Chapman, Chairman of the Board.
Mayor Ferre: I just wanted to get the relationship. I don't mean... you
know, I'm very happy that you have that nice job in the Herald. I just
wanted to know where we were dealing. We have the architect, fine architect.
You have a fine attorney, and we have a fine representative of the management.
Mr. Gonzalez: Thank you.
Mayor Ferre: I say that sincerely. I just wanted to know where into the
scheme of the Herald situation you fit. Thank you, that's the only question
that I have. Let me ask this, I just want to express my opinion. I personally
don't have any objections to this and I have no problems voting for it. I
am... I mean we've done this... and I know that the Herald Editorial Department
is totally different from the Herald Business Department and one thing has
nothing to do with the other. I accept all of that. I also accept the fact
that the Herald and Knight-Ridder newspapers are a very important cart of the
business community, and that they pay taxes, even though I always thought that
the Herald got away... don't ask me how they have done it... but I think the
taxes on this building... when this building was built, Mr. Jimmy and I went
around telling everybody that it had cost $23 million when they first built
it. I think those are the figures that I recall. It was an unbelievable
amount of expenditure in those days. I was here when that building was
built 20 years ago. It was a source of pride to this community that this
big, new building had been built. Then I saw what the tax assessor was
assessing this building twenty years ago, and I just couldn't believe it.
As the years have gone by, 'it's unbelievable how little taxes the Herald
really pays on that building. But that's not our jurisdiction.
sl 93 MAY 2 71992
Mr. Dorey Davis, Esq.: They have very confident counsel, Mr. Mayor.
Mayor Ferre: Yes, I see, I don't have any questions about that.
Mr. Plummer: Yes, it's called the man who wrote the Metro Charter.
Mayor Ferre: Now, I think, the point that I'm trying to make in all of
this is that I don't really have any objections to voting personally on
this because I think this is something that we do with everybody else,
and I don't have any problems. However, my only concern in all this is
that I wonder if we are really... and I don't think that we can squeeze
more than what is fair, but when I saw the photographs here, I recognize
that Daq.Paul is wrong; that we cannot put a pedestrian connector underneath
that causeway unless you go way out, and I think you'd go about 100 feet
out. So the only way you could really connect that park to that causeway
is over; and you have to go high enough so that the trucks, and the
highway standards, and what have you. I really don't know how much that
would cost, but I don't think that a pedestrian connector of that sort
is that big of a thing. I personally think that if the Herald and the
Knight -Reader newspapers would find it within their heart —and we've been
kidding an awful lot here but this is serious now, for me... if the Herald
would find it within its corporate heart, because we all know that there
is no editorial heart, within its corporate heart to help us, even if it
is... I think it would just be a sign of good faith... because I think that
otherwise that walkway really is a sham. We're just kidding ourselves.
There is no walkway. It is a walkway for the Herald employees. If it has
no access and it has no connector to the park and to the public, then there
is no walkway.
I think that it is also unfair to put the blame totally on the Herald,
because I think that you are talking about a major expenditure. But I
think that the City ought to go on a 50/50 basis type of a thing. We'll
pay for half of it if the Herald and the Knight -Reader papers would pay for
half of it, so that it really is an honest to goodness walkway. For my
part, if we can accomplish that and keep it lit and properly patrolled,
then I think we made some major headway and I think that in our Bayfront
walk, and I have no problems with that, but now, that is a personal opinion
that I have expressed here and we could get something like that.
Commissioner Carollo wants to put this thing on the ballot. I have
my opinion on that but I will reserve it until after he asks his questions.
Mr. Carollo: Maurice, all that you have stated is fine. It sounds very
pretty, but the bottom line is if these people are so sincere about these
walkways, the community, and everything else they talk about, they should
be there pitching in and not making it a basis for a trade-off. You know,
propositioning Miami, like they talked about in this article here: "We'll
give you this if you give us that." That is what it amounts to.
Mayor Ferre: I just want to be consistent that I accept other propositions
for the welfare of the City and I don't mind accepting this proposition
if it's also for the welfare of the City.
Mr. Carollo: I'd like to get our first string attorney here, George Knox,
the illustrious George Knox.
Mr. Plummer: The lame duck.
Mr. Carollo: George, is there anything in the law that prohibits us
from putting this issue here before us in the ballot?
Mr. Knox: Well, the thing that we have to ascertain... and I do appreciate
the fact that you are sparing at least the alternate quarterback the ire
of the Miami Herald. The thing that I believe we would need to research,
Commissioner Carollo, is the question of whether or not the question that
we put on the ballot would be a police power question. Generally zoning
is represented as the exercise of the City's police power and we would
not, and may be legally precluded from abdicating our police power by
getting a concurrence, as it were, from the members of the public.
If, on the other hand, the question as to whether or not the public
would be satisfied with the amenities that are being offered in exchange
for having a variance be granted... if that is the case, then that would
be a proper question for a referendum.
sl 94 MAY 2 71982
I
Mr. Carollo: What I'm looking for, George, is anything that would be legally
bound. I remember the last time we discussed this in a public meeting, I
don't know if it was you or Terry or Clark that gave me an opinion that:
"Yes, it would be legal." I have no fears of putting exactly what trade-
off they are giving to proposition Miami for this variance. Let's put it
right out front.
Mr. Knox: To the extent that a party may offer a covenant which would run
to the land, I mean that would be enforceable.
Mr. Carollo: So what you are saying is that as long as we put the complete
trade-off that they are offering, volunteering on the ballot, that in that
basis, it would be legal.
Mr. Knox: Well, what I'm saying is that you would have received permission,
as it were, from the members of the public to accept what is being offered
and unless this question involves and exercise of the police power, then it
would be a legitimate question to put to the electorate. If, however, we
determine that this is a purely zoning decision pursuant to your police
power, then we would probably suggest that you not establish a ?recedent
of asking the members of the public for permission with respect to exercising
your police power.
Mr. Carollo: Well, it's not really starting a precedent, George. We're
dealing here with supposedly the people that want everything to be in, the
sunshine and open. I'm sure that they would not object at all to the
public being involved in this, and the public voicing their opinion on it.
I would be shocked if that were the case, that they would be against it!
Mayor Ferre: Well, let's move along.
Mr. Carollo: I mean, aren't they the people that have fathered government
in the sunshine?
Mayor Ferre: Make your motion, Joe.
Mr. Carollo: The motion is, Mr. Mayor, to place this in the ballot in the
best legal and concise way that we can, so that the public can vote upon it.
Mayor Ferre: All right, there is a motion on the floor. Is there a
second? Is there a second to that motion? Is there a second to the
motion on the floor? I'd like to recommend, perhaps... and I think that
what you are saying has its merits, however, having been here for twelve
years and voting for so very, very, very many variances, some of them
I don't think any better. We've had some that I think may have been
slightly worse, but not much than this. I think that really this is a
pure zoning matter, and I think that we have to vote on it. Now, I
just want to express my opinion on this. I'm willing to vote personally
for this on the following conditions. Number one, that we somehow cover
the issue that Plummer brought up about the ?18 parking spaces. Somehow
we need to have assurance that those are not curtailed. We have a bad
enough problem parking there as it is. Number two condition, is that
the Herald come back and pay for at least half, and the City will pay half,
of the connector between this bay walk and the Bicentennial Park. And I
go back to those who will be critical of this that the position we have
taken between Gould and Southeast and other property owners when there
was a connector, we said: "All right, you pay for half and somebody else
pays for half." If indeed we're sincere about the bay walk, and I will
assume that the Herald is sincere about the bay walk, or they would not
be doing this, that there must be a bay walk. And the only way there can
be a bay walk is if there is a connector. So that is my second condition.
My third condition is that the Herald assume the responsibility along with
lighting, cleaning, and securing 8he 00 and some odd feet, whatever it is,
that it also do the same for this additional piece that connects it to the
park. And my last condition is I really think that the 50 feet at the
entrance is awfully skimpy, and I don't think that we can ask you to give
the whole lot up, but I really think that it ought to be stepped back where it's
75 feet and then 50; just a strip of it, that's all. So that at the
entrance of it we have a little... Jose, as an architect, I'm sure that
you'll agree that if we add just a little 25 feet extra, I think you
could make that entrance a little bit nicer.
95 MAY 2 71982
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INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Excuse me?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: I realize that it would take two parking spaces away.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: No, I don't think that it would be more than two. You are
talking about maybe three. Just 25 feet, just where you have that water-
fall, make that a little bit nicer entrance. Fifty feet is not very much.
I'm not talking about for the whole strip, just in the entrance. Go 75
feet, then 50, and scale it down... but make it a little bit more generous.
I'm not talking about a major... I think you're not talking about a major
thing. Those are my four....
Mr. Carollo: Maurice, I've learned something here today. You learn
through life. I guess what I learned today is you can't judge a dog by
its bark. But, you know, you learn a lot in life, quite a bit so.
Gentlemen, don't bark in the future. You know, you guys want to give
them the variance? Hey! Whatever deals were cut with Dan Paul or someone
else, give them the variance! I'm going to vote 'no.' Whoever else is
going to vote 'yes,' vote 'yes' and let's get it over with and not waste
any more time. But I see this deal has been cut already.
Mayor Ferre: All right, now, I've expressed my opinion, and I think every-
body else has expressed theirs. Where are we and what do you want to do?
Mr. Plummer: Mr. Mayor, I would like to... Mr. Knox, one of the first
line attorneys that we have. You have heard my concern about the parking.
I'm not trying to place an undue burden, but what assurances do I need,
is it in a covenant? Is it in unity of title? What I am basically saving
is they have proffered 917 spaces, which does in fact incorporate all of the blue
area, that we can condition a variance, and as such, what would I have to
have, or this Commission have to have to be assured that at no time will
they ever be able to reduce that number by virtue of selling a lot, or by
virtue of building on that lot. What would be the proper vehicle to give
assurances to this Commission that they shall at all times maintain no
less than the 935 parking figure that they proffered.
Mr. Knox: Mr. Plummer, let me answer your question this way. The Miami
Dolphins succeeded last year because they had two kinds of quarterbacks.
I'm a passing quarterback, and your question calls for a running quarter-
back. I'm going to ask Mr. Percy to answer that.
Mr. Plummer: Mr. Robbie.
Mayor Ferre: All right, Mr. running quarterback. Are you in your seat now?
Mr. Percy: In order to achieve the objectives stated in this Commission,
you could require the Herald to proffer a covenant running with the land
to restrict the use of the properties and/or to prevent them from selling
off the property require a unity of title tying the parking lot property
to the property where the improvement of the structure is presently.
Mayor Ferre: Mr. Percy, on following up on Mr. Plummer's question, the
other conditions that I have talked about obviously have to be proffered
voluntarily, don't they?
Mr. Percy: As a variance and the approval of this modification you could....
Mayor Ferre: Pass it subject to?
Mr. Percy: Yes, sir.
Mr. Plower: Subject to, it's a variance.
Mayor Ferre: Jim, do you want to add to that?
96 MAY 2 71992
Mr. Plummer: You can condition a variance.
Mr. Jim Reid: One of the things that they are asking for is the Waterfront
Amendment waiver, if you will. That amendment carries with it the right
for this City Commission to determine what constitutes a proper public
benefit package.
Mayor Ferre: O.K., in other words, what is the word, Joe, that the Herald
uses? "Negotiate?"
Mr. Davis : Proposition.
Mayor Ferre: Proposition, O.K. I'm propositioning you, Mr. Davis. My
proposition to you is that if the Herald meets those added requirements
to the public benefits, pro bono, that I'm perfectly willing to vote for
this variance. Now, this is a one-man proposition, you realize that you
must proposition or be propositioned by the other members of the Commission.
You need three propositions here to pass. I'm sure that Mr. McMullin will
not mind this kind of a proposition, though. This one might be more acceptable
than the others.
Mr. Reid: Mr. Mayor, one point of clarification on your second condition,
which deals with an over -head walkway. It may be more desirable in the future
to have a ground level connection that comes through the corner of the
Herald property, and connects up with a walkway underneath the expressway.
I think, possibly, your condition could be worded so that option, then
bearing the costs of that option is an alternative.
Mayor Ferre: I would be perfectly willing to make it, Mr. Reid, flexible,
so that the ability to reach the park, which is the main issue here would
be in more than one way. I don't care how it's done. I just don't want
that to be an isolated walk. I want it to be accessible to the public.
If it is a public walkway, it has to be a public walkway.
Mr. Dawkins: I would agree with Mr. Reid. I'd like to see it kept at
ground level in that some of the individuals using that walkway may be
seniors, and we don't know how high, Mr. Mayor, we'd have to go up to go
over, and that would create a hardship.
Mayor Ferre: I have no problems with that, Miller, but the problem is how
do you keep it aground when you have an expressway which bottom is not high
enough to walk under it?
Mr. Plummer: You make it a combination walkway/catwalk.
Mayor Ferre: But that means that you have to go into the water almost!
There is no way you can make a catwalk there. Look at the picture, see?
That's what Dan Paul was talking about, but I have news for you. I don't
think there is any way you can make a walk underneath that bridge. Look
at the picture.
Mr. Reid: Mr. Mayor, I was talking about proceeding west.
Mayor Ferre: Show me how on that picture, would you please?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Ahl Come onl You're not going to make somebody do that!
What are you, out of your mind?
Mr. Reid: Mr. Mayor, that's the same kind of walk that's now required by
the boat slip that connects the F.E.C. property and Bicentennial Park, so
the question is whether you make people walk fifty feet up in the air and
then fifty feet down or around.
Mayor Ferre: Mr. Reid, you've not looked at the photographs. You've not
been there! Show me where your ground walkway crosses that expressway,
would you please?
61 0 MAY 2 7 1982
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Mr. Reid: What I would suggest to you, Mr. Mayor, is to make a walkway
connection at the same point that you go underneath the expressway....
Mayor Ferre: Wonderful!
Mr. Reid: ....to go to Miami Beach.
Mayor Ferre: Show me where. Show me where that is physically.
Mr. Reid: Right here.
Mayor Ferre: I see. So in other words, so that somebody doesn't have
to go up twenty steps, you are going to make them walk 1000 feet over and
1000 feet back.
Mr. Reid: No, I'm just suggesting that it be left open as an alternative,
Mayor, I'm not suggesting a solution.
Mayor Ferre: Well, I tell you, I... at the options...
Mr. Plummer: Well, it's simple, you put forth, Maurice, that the City
is desirious to join with the Miami Herald in creating a walkway, and that
they will buffer up to 50% of the cost together with the City, and leave
it at that.
Mayor Ferre: But not... J.L., if you make it a walkway....
Mr. Plummer: I didn't say do anything a walkway.
Mayor Ferre: O.K., I would just like to say that because that might be
a loophole for these people to get out of building a walkway, because they
say, you know...I want to make sure that it is very clear that the purpose
is to make that a public walkway accessible to the park. As long as that's
the condition, how we word it is something that is secondary in my opinion.
Any other comments here? We have to move along. Does somebody want to make
a motion one way or the other?
Mr. Carollo: I made mine.
Mayor Ferre: Anybody else?
Mr. Carollo: Make a motion to kill it? If you second, I'll make it.
Mayor Ferre: You make the motion. You can make any motion and we'll see
where it goes. Is there a motion now... Plummer? Where did Plummer go?
Plummer went to the hospital for a transfussion of blood.
Mr. Carollo: Well, don't everybody come up at one time, guys!
Mayor Ferre: Is somebody around that can tell Commissioner Plummer we are
waiting for him? I've now asked Mr. Plummer if there are any further
questions or statements, if not, the Chair is ready for a motion.
Mr. Plummer: Well, Mr. Mayor, I still would like to hear from the running
back. Will a covenant do what I'm trying to accomplish tying these pieces
of property from future anything other than parking or more parking? Or
should it have to be a unity of title? All I'm trying to do is to say
they are proffering 935.
Mr. Percy: Well, I'll put it this way, Commissioner. Some of the requirements
that have been suggested here will be best covered by covenant running with
the land to bind the property. That covenant would not necessarily prevent
that property from being severed from that owner and going to a separate
owner, but the uses would be restricted so that you would have a unity of
title to tie the properties together in addition to your covenant.
Mr. Plummer: What you are saying is then a unity of title of those properties
outlined showing where the 935 configuration comes from.
Mr. Percy: Correct.
Mr. Plummer: All right, fine.
. sl
98 MAY 2 ? 1982
a
Mayor Ferre: O.K.
Mr. Perez: Mr. Mayor, let me ask him something (to the City Attorney) about
the covenant.
Mayor Ferre: Dr. Schultz, we are in the middle of a hearing. I can't
interrupt now. I'll take you next.
Mr. Plummer: Unity of title.
Mr. Perez : I want to ask him a question about the covenant. Anyhow, do
you think that the City Attorney Department can enforce a covenant in court?
Mr. Percy;, If the covenant is properly executed and recorded, both the
City and the general public whose benefit the covenant would be for, can
seek enforcement of that covenant in court, yes, sir. And we would have
it worded so that the City would have the right to do so on behalf of the
public.
Mr. Perez: I would like to clarify something. I think the other day when
I was in the Zoning Department, I don't know if that is the opinion of Mr.
Perez-Lugones. I think that you gave me some information, not in this
particular issue, only about the covenant, that I mentioned to you the
covenant and you mentioned that you thought it would be impossible to
enforce in court.
Mr. Aurelio Perez-Lugones: No, Terry, it was relating the fact that there
are covenants which are in relation to changes of zoning, and that the City
is in no position, and that has been the Law Department's decision or
interpretation that the City is in no position of enforcing covenants in
relation to changes of zoning.
Mr. Percy: I think that what he is suggesting, Commissioner, is that the
City cannot require a covenant in a change of zoning as a condition of
approval. However, once the covenant is proffered by the property owner
and recorded, it is enforceable against that property owner to do what that
covenant requires.
Mr. Plummer: Thank you, but you said we would be better off with a unity
of title.
Mr. Percy: As to the binding of the properties together, but the other
conditions you would want in the form of a covenant.
Mayor Ferre: All right, Plummer, are you ready?
Mr. Plummer: Yes, spell out your...
Mayor Ferre: I tell you, if you don't want to make... I'd be happy to make
a motion or have one of the....
Mr. Plummer: Well, let's undera and. We're talking about addressing the
parking issue in unity of title with the covenant. We're talking about
a walkway in which they will participate with the City at 50% level.
Mayor Ferre: Yes.
Mr. Plummer: What was the third item?
Mayor Ferre: To be defined within in six months of construction to begin
within a year.
Mr. Plummer: What if the City doesn't have the money?
Mayor Ferre: We'll have the money.
Mr. Plummer: All right. The third item, as I recall, you wanted the north
side to be 75 feet graduating down.
Mayor Ferre: Yes, that's right. Where it is 50, 75; where it is 30, 50;
and where it is whatever it is 25 at least to the end of that lot. Give it
a little more depth at the entrance.
61 347 MAY 2 71982
Mr. Plummer: Well, but you have to spell it out, don't you, Maurice?
Mayor Ferre: Yes, I just did.
Mr. Plummer: What is the opening on 15th Street? What is the width on
15th Street?
Mayor Ferre: 75 feet. And the.last thing was that they must keep lit,
clean....
Mr. Plummer: ....maintain....
Mayor Ferre: ....and put a television in. They are going to have a television
monitor for their walkway in front of the Herald building, that they also have
one for -the- walkway in the park.
Mr. Plummer: So we are talking about four items.
Mayor Ferre: That's right. That's my proposition.
Mr. Plummer: I have no problem with that.
Mayor Ferre: Do you want to move it?
Mr. Plummer: Yes, one other question. What about review?
Mayor Ferre: What about it?
Mr. Plummer: The Law Department said what about it, are we going to review
it in a year? Two? Well, you are really kidding yourself!
Mayor Ferre: What are we going to review? Once it's up, it's up! What
do you mean a review?
Mr. Plummer: Once that 44,000 square feet is there, it's there.
Mr. Percy: The conditions that you are placing on it will take a period of
time to comply with.
Mayor Ferre: O.K., let's go.
Mr. Plummer: All right, so we will add one year review to make the Law
Department happy.
Mayor Ferre: All right, anything else? Any other conditions?
Mr. Richard Whipple: This would also include our conditions that we
recommended as may be adjusted pursuant to the Commission's additional
conditions.
Mr. Plummer: All previous commitments made by them subject to these
further amendments. Is that correct?
Mayor Ferre: Waits I have one last one. I think that we have to memorialize
the amount of money that they are going to spend on landscaping. I don't
mean to say that....
Mr. Plummer: They said $300,000.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Parking.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Oh, no, no, no, you don't have me on that one! I think that
$300,000 on landscaping today is just a drop in the bucket. $300,000 in
landscaping doesn't go very far, as I'm sure you are finding out in some
of the projects that you are involved in. $300,000 is nothing. That's
my fifth condition: that the $300,000 be part of the condition for
landscaping. What else do we have?
sl 100 MAY 2 71982
Mr. Carollo: The only other thing that I thought about for you guys....
Mayor Ferre: Landscaping and beautification that I'm talking about.
Mr. Carollo: ....is maybe to include something that that new structure that
they are going to add to, can stand winds up to 125 miles an hour for
hurracaines, but I don't think that we'll include that. We'll leave that
out.
Mayor Ferre: All right, is there anything else? Plummer, you make that
in the form of a motion with those five conditions?
Mr. Plummer: I'd be happy to do that, but I would like to hear Mr. Davis'
response to this.
Mayor Ferre: He's not going to tell you, but he already told you he can't
talk for his client.
Mr. Plummer: Maybe he would like to try and address some of it.
Mayor Ferre: I don't want to go through the litany again, but you were
gone and Joe, you were gone, I want you to listen to this. Mr. Gonzalez
is a fine man here from the Herald who reports to somebody, who reports
to somebody who reports to somebody who reports to somebody who reports
to Albah Chapman. From Alvah Chapman down, he is sixth in line.
Mr. Plummer: So are we then saying we approve this subject to these
conditions being met?
Mayor Ferre: Yes, but I... look, I must tell you something, and I'll
say it on the record. If anybody has hurt this community in the thirty
years that I have lived here it is the Miami Herald. It is the most
destructive, negative, vicious, malicious, repugnant....
Mr. Carollo: Take it easy, Maurice, I want you to vote for it now.
Mayor Ferre: ....pugnacious group of people! I say this publicly and
I'll say it under oath! They have held back this community more than
any single... they are worse than the riot. They are worse than all the
riots! They are worse than all the hurricanes and all the blight that
this community has had. They are the blight and they are the scourge
of this land. Having said that...
Mr. Plummer: Can anybody think of anything else?
Mayor Ferre: Having said that, and I'll repeat it publicly time and time
again, I must say that despite their venom and their editorials, we, as
a governing body cannot fall into the horrible trap that they fall into.
Because if we become like them, then there is no hope. We cannot vote
in this government based on who and not what. We must make our decisions
based on the merit of the case. There isn't anybody here, including you
Joe, that hate the Miami Herald more than I do. I'm voting on this thing
not because it's the Miami Herald, but because I'm voting my conviction in
what is right. That's all. Now, are you ready to make your motion?
Mr. Plummer: I said I'd move it. All I asked was to give Mr. Dorey
Davis the courtesy if he wished to comment on any of this.
Mayor Ferre: I want to tell you something else for the record, just so
that we have it clear. Dan Paul called me once and we talked about it.
None of these conditions have been discussed with Dan Paul. These are
all things that I've come up with completely on my own.
Mr. Plummer: Wow! Correct yourself, now. You said that you had talked
to him about the walkway.
Mayor Ferre: Yes, but the rest of these conditions...
Mr. Plummer: That's one of the conditions.
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101 MAY 2 71982
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Mayor Ferre: That's one of the conditions, and we talked about that, and
his recommendation was that it was too expensive to impose on the Herald,
and I'm coming up with the 50%, so I didn't talk to Dan Paul about this.
Mr. Carollo: I'm sure that I'll find out quite a bit. We're going to be
in a plane for about five, six hours between Miami and Europe.
Mr. Plummer: You and Mr. Paul?
Mr. Carollo: Yes, we'll be in the same plane.
Mayor Ferre: You'll get a full confession, all right.
Mr. Carollo: Yes.
Mayor Ferre: Now we have a motion.
there a second to the motion?
Mr. Perez: I second the motion.
Is there a second to the motion? Is
Mayor Ferre: All right, Commissioner Perez seconds the motion. Further
discussion? Call the roll.
Mr. Plummer: I still for the third time would like to ask Mr. Darrey Davis,
do you wish to comment, sir. If you don't, that's all right.
Mr. Darrey Davis: I would like to make a very brief comment, and I would
hope that I might have the ability to put this into the proper focus of a
zoning matter. As the Mayor has indicated, we are simply asking to put
a sixth floor on a five story building that will match the other part of
the building. We went to the City and asked them what we had to do. They
said under present conditions you have a problem with your floor area ratio.
They probably said we were all right when we built it twenty years ago.
You have a set back problem. Those are variances. You and I know, through
zoning, that those are rather immaterial variances, particularly when the
neighboring property to the west, you have rezoned that and permit a non-
residential property to have a ten foot set back, and from seven and a half
to ten and a half floor area ratio. It can't be anything that bads If
this is the worst looking building in the world, another story is not going
to do the harm. Incidentally, it's the best built building in the state of
Florida because of the press requirements. It was welcome when it was
built there in an undeveloped area and you applauded them for doing it.
Now, our problem is, because of the bay walk situation, they said: "This
is what we have. Look at it. We use it for loading newsprint. It's a
dock area," which is an exception in your Charter amendment. We have to
use it. We'll give you part of our parking lot for a park, because we are
afraid to say we'll give you a public walk when we have to know we have to
put newsprint in it. And your Planning and Zoning people drove a hard
bargain. They said we must have a walk and we'll take the park. So, we're
hereon saying: "This is what we have to give you in trying to comply with
your ordinance." Now that is the pure and simple zoning matter, and I
certainly would hope that you would look at it not in the ideas of emotion
and your personal feelings against the Herald, but as a zoning matter and
consider it on its merit, and I submit that it does, on that basis, have
merit.
Mayor Ferre: We're going to do that, Mr. Davis, and we're going to put the
same kind of conditions that the Herald editorially asked that we put on other
projects like those on Brickell Avenue, like what is the name of that center
on Brickell Avenue that we...
Mr. Plummer: Allen Morris.
Mayor Ferre: Not the Allen... Nasher Center, Gould, all these different
things that we've asked. You're not the only one that we've asked... we
asked Gould to put a walking connector bridge across the street. We've
asked for donations to parks, we've asked for dedications of park walkways,
we've asked for improvements of parks for much more than $300,000 of
improvements and beautifying. So, I don't think that this is inconsistent,
and this is in no way any... If we were being vindictive here, we'd be voting
'no.'
102
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MAY 2 71982
B� •
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Mr. Carollo: See, you never win with those guys. Say you're going to give
it to them instead of complaining.
Mayor Ferre: I'm not worried about who, I'm worried about what, and I'm
making my motion on voting on what.
Mr. Plummer: The only thing that I would ask is that once these covenants
have been proffered to the City Attorney, and I'm sure that this will come
back in second reading in thirty days.
Mr. Percy: No, it's one shot.
Mr. Plummer: Well, I would like to see the covenant before this becomes official.
Now how do I do that?
Mayor Ferre: All right, we're going to do this, if we could put it to a vote
now, before it goes into effect, no? We can't?
Mr. Percy: I'm sorry?
Mayor Ferre: I want to put a condition that before we put this into effect,
I want the members of the Commission to see the covenant in writing. Can
we do that?
Mr. Percy: Certainly.
Mayor Ferre: Is that legal?
Mr. Percy: Yes, sir.
Mayor Ferre: And if any member of the Commission has any objections, limited
to the ... what is the word I am looking for?
Mr. Plummer: The condition.
Mayor Ferre: The intent... that's the word I am looking for... the intent
of the Commission, then we'll bring it back for discussion at the next
zoning hearing.
Mr. Carollo: Can we also include that there would not be any pornography
in any of the television sets in that part of the new construction, and
no nudist beach in the back of...
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-460
A RESOLUTION GRANTING VARIANCE FROM ORDINANCE 6871, ARTICLE
XVI, SECTIONS 4(d) AND 6, TO PERMIT A 44,000 SQUARE FOOT ADDITION
TO THE EXISTING MIAMI HERALD BUILDING ON TENTATIVE PLAT 81145-A
- "HERALD PARK"' BEING 1 HERALD PLAZA, AS PER PLANS ON FILE,
PROVIDING A 35' SETBACK TO THE CENTERLINE OF THE STREET FROM
A POINT ONE-HALF (�) THE HEIGHT OF THE BUILDING ABOVE GRADE
(48.75' REQUIRED); PROPOSING A FLOOR AREA RATIO (FAR) OF 2.52
(2.52 (2.0 FAR ALLOWED); SUBJECT TO THE MIAMI HERALD PROVIDING:
THE CONTINUED EXISTENCE OF A MINIMUM OF 917 PARKING SPACES;
PAYING 50% OF COSTS FOR CONSTRUCTING A PUBLIC CONNECTING WALKWAY
BETWEEN THE HERALD BUILDING BAYWALK AND BICENTENNIAL PARK, SAID
CONNECTOR TO BE DESIGNED WITHIN SIX (6) MONTHS OF MAY 27, 1982,
AND CONSTRUCTED WITHIN ONE (1) YEAR OF MAY 27, 1982; LIGHTING,
MAINTENANCE AND SECURITY, INCLUDING TELEVISION MONITORS FOR
THE PUBLIC CONNECTOR (SHOULD T. V. BE UTILIZED ON THE HERALD
BUILDING'S BAYWALD SECTION); PROVIDING FOR SEVENTY-FIVE (75) FEET
OF GRADUATED FRONTAGE FOR THE ENTRANCE FEATURE LEADING TO THE
BAYWALK ON THE NORT'HSIDE OF PROPERTY AND AN ENTRANCE FEATURE ON
THE SOUTHEAST CORNER OF PROPERTY; REQUIREMENT FOR MINIMUM
EXPENDITURE OF $300,000 FOR LANDSCAPING AND BEAUTIFICATION; A
PUBLIC EASEMENT AVERAGING AT LEAST 20 FEET IN WIDTH ALONG AND
ABUTTING THE PAYFRONT FOR THE ENTIRE LENGTH OF THE PROPERTY WITH
PUBLIC ACCESS AND SIDEWALD LEADING TO THE BAYFRONT EASEMENT;
FURTHER PROVIDING FOR MAINTENANCE OF EASEMENTS AND AN INDEMNIFICATION
CLAUSE' REVIEW BY THECI COMMISSION
IN ONE YEAR; ZONED c-1 (LOCAL
s1 COMMERL�IAL) AND c THE_CITY
103 MAY 2 71982
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(Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
- NOES: Vice Mayor Joe Carollo
ABSENT: None.
Mayor Ferre: Thank you, Mr. Davis, and please I want to say one thing
to you in particular. This Commission holds you in the highest regard,
and you know you represent the City in other issues, and I don't want
you in any way take any of this personally. You know this has nothing
to do with you. We think that you are a great Miamian and a great
lawyer. Our concerns are really with the basic issues that are represented
here and have nothing to do with you or anybody else personally.
Mr. Davis: Mayor, I appreciate that and I've been an advocate tno long
to take matters personally that are dirrected to McCloud. I do appreciate
your time and consideration.
Mayor Ferre: All right,Mr. Davis.
31. GRANT REQUEST BY MIAMI HERALD FOR A MODIFICATION OF CITY
CHARTER REQUIREMENT (SEC. 3 (4)(b) CHAPTER 10847) - TO PER?SIT
CONSTRUCTION OF ADDITION OF EXISTING BUILDING AT 1 HERALD
PLAZA.
Mr. Plummer: Mr. Mayor, before Mr. Davis leaves, I move 8-b.
Mayor Ferre: All right, we have the matter of 8-b, which is a resolution.
Is there a second?
Mr. Plummer: Same conditions.
Mayor Ferre: With the same conditions.
Mr. Perez: Second.
Mayor Ferre: Seconded.
Mr. Pli—er: That's understood that 8-b carry the same conditions as
outlined in 8-a.
Mayor Ferre: Call the roll on 8-b.
sl
104 MAY 2 7 t982
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-461
A RESOLUTION GRANTING MODIFICATION OF
REQUIREMENTS OF MIAMI CITY CHARTER CHAP-
TER 10847, SECTION 3(4)(b)-1 HERALD PLAZA
AS PER PLANS ON FILE TO PERMIT CONSTRUC-
TION OF AN ADDITION TO AN EXISTING BUILD-
ING AT 1 HERALD PLAZA WITH A PROPOSED 25'
SETBACK FROM THE SEAWALL AT THE POINT OF
MINIMUM DISTANCE (50' REQUIRED), AND
10.32' (5.198) AGGREGATE SIDE YARD BASED
ON AVERAGE LOT WIDTH (198.8' (25%) RE-
QUIRED),; SUBJECT TO THE MIAMI HERALD
-PROVIDING: THE CONTINUED EXISTENCE OF A
MINIMUM OF 917 PARKING SPACES; PAYING
50% OF COSTS FOR CONSTRUCTING A PUBLIC
CONNECTING WALKWAY BETWEEN THE HERALD
BUILDING BAYWALK AND BICENTENNIAL PARK,
SAID CONNECTOR TO BE DESIGNED WITHIN SIX
(6) MONTHS OF MAY 27, 1982, AND CON-
STRUCTED WITHIN ONE (1) YEAR OF MAY 27,
1982; LIGHTING, MAINTENANCE AND SECURITY,
INCLUDING TELEVISION MONITORS FOR THE
PUBLIC CONNECTOR (SHOULD T. V. BE UTIL-
IZED ON THE HERALD BUILDING'S BAYWALK
SECTION); PROVIDING FOR SEVENTY-FIVE (75)
FEET OF GRADUATED FRONTAGE FOR THE EN-
TRANCE FEATURE LEADING TO THE BAYWALK ON
THE NORTHSIDE OF PROPERTY AND AN ENTRANCE
FEATURE ON THE SOUTHEAST CORNER OF PROP-
ERTY; REQUIREMENT FOR MINIMUM EXPENDI-
TURE OF $300,000 FOR LANDSCAPING AND
BEAUTIFICATION; A PUBLIC EASEMENT AVER-
AGING AT LEAST 20 FEET IN WIDTH ALONG AND
ABUTTING THE BAYFRONT FOR THE ENTIRE
LENGTH OF THE PROPERTY WITH PUBLIC ACCESS
AND SIDEWALK LEADING TO THE BAYFRONT
EASEMENT; FURTHER PROVIDING FOR MAINTEN-
ANCE OF EASEMENTS COVENANT AND AN INDEM-
NIFICATION CLAUSE; REVIEW BY THE CITY
COMMISSION IN ONE YEAR; ZONED C-1 (LOCAL
COMMERCIAL) AND C-4 (GENERAL COMMERCIAL).
(Here follows body of resolution, omitted herein 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
Commissioner
Commissioner
Mayor Maurice
J. L. Plummer, Jr.
Demetrio Perez, Jr.
Miller J. Dawkins
A. Ferre
NOES: Vice Mayor Joe Carollo
ABSENT: None.
$I
105
MAY 2 71992
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32. GRANT REQUEST BY ROBERT L. JOHNSTON OF A C014DITIONAL USE TO
PERMIT A "COMl-IfUdITY BASED RESIDENCE FACILITY."
Mayor Ferre: Take up item number nine, which is an appeal by Robert L.
Johnston. Take up item number nine. All right, let's hear from the
Administration.
Mr. Richard Whipple: Mayor, members of the Commission, this request is
for conditional use approval for a community based residential facility
to house six children with no resident staff. The Planning Department
recommended approval of this item, as did the Zoning Board. The
application is before you today on appeal, and I'll let them explain
the basis for their appeal.
Mayor Ferre: In the interest of moving this thing very quickly, hopefully,
I have a letter here from Max Rothman, District Administrator for Health
and Rehabilitative Services. One from Senator McKnight, one from Minister
to Judge Gladstone of the llth Judicial Court, one from Margarette S.
Staple, Senate Director for the South Miami Child Care Center, I said one
from Senator Bob McKnight, one from Senator Jack D. Gordon, one from
Claudette Carrie, one from Janet Reno, Nan Rich, President of the Greater
Miami Section of the Council of Jewish Women, Dade County Publish Schools,
Janet R. McAliley,Vice-Chairperson... Michael Anderson is against, I know
that. So those are the people that have written in favor of, and Michael
Anderson, I'll let you speak for yourself.
Mr. Plummer: May I ask who the proponents are? Where are they?
Mayor Ferre: Proponents?
Mr. Plummer: I mean who is the applicant?
Mr. Whipple: The item is being appealed by the neighbors, sir.
Mr. Plummer: I understand, but who is the applicant of the application
originally?
Mayor Ferre: Parent Resource Center Crisis Nursery Program.
Mr. Plummer: All right.
Mr. Whipple: Mr. Traurig I believe is representing the client.
Mr. Plummer: Mr. Traurig, are you....
Mr. Traurig: I would like to introduce Ms. Gloria Simmons.
Mr. Plummer: And Gloria Simmons will identify herself, who she represents,
and will she be telling us what she is proposing on the site?
Mayor Ferre: Is this in Coconut Grove?
Mr. Plummer: It's in Jackson Street.
Mayor Ferre: What?
Mr. Plummer: It's on Jackson.
Mayor Ferre: Well let's go, come on, time's running.
Mr. Michael Anderson: My name is Michael Anderson, attorney with offices
at 8525 S.W. 92nd Street.
106
MAY 2 71982
sl
Mr. Plummer: I am still a Commissioner in this City, I believe, and I
have asked to hear from the people that are making the proposal, and I
want....
I Mr. Gary: Mike Anderson is making a proposal because he's the appellate.
This is appeal.
Mr. Plummer: Mr. Gary, you don't understand. Mr. Gary, I'm a Commissioner
and I have made a request to hear from this lady who made the application
to tell me what she is proposing on this piece of property, and I'd like
to hear that before I hear the answers. Now what is the question? What
do you want to do? Who do you represent? And then, maybe I can start
putting two and two together.
Ms. Gloria Simmons: My name is Gloria Simmons, and I am Program Director
for Crisis Nursery, a program proponent of the Parent Resource Center.
We made application for conditional use of 3175 Jackson Avenue, as a
community based residential facility. We asked that we be allowed to
care for six children ages zero to six. We have a rotating staff. We
do not have any resident staff. It is a community based residential
facility that is funded by community resources and the State of Florida.
That use was granted by the Zoning Board and was appealed.
Mr. Plummer: O.K., but you represent... what is the name of the organization
you represent?
Ms. Simmons: Parent Resource Center of Dade County.
Mr. Plummer: And that is a non-proffit organization?
Ms. Simmons: Yes.
Mr. Plummer: And it is sponsored by the State of Florida and Dade County.
Ms. Simmons: It's sponsored by the State of Florida and community resources
by donations by private individuals who are interested in the project.
Mr. Plummer: And what you are talking about is housing of six children.
Ms. Simmons: Right. It's a child abuse prevention project. It is part
of a district network that is a part of a district design that is a result
of four years of community effort to provide a community based facility to
try to stop the spiraling rate of the.....
Mr. Plummer: O.K., we don't need a commercial, now, I'm trying to get to
the zoning of it, O.K.?
Ms. Simmons: It's just a respite facility....
Mr. Plummer: You stated, on the record, that you would not have any
residential staff.
Ms. Simmons: Residential; we have rotating staff but any residents living
in the facility.
Mr. Plummer: O.K., but will there be a full time person there who will be
an overseer?
Ms. Simmons: Yes, I am the overseer. I am the Director.
Mr. Plummer: And you will be there on a full time basis.
Ms. Simmons: I am there on a full time... I would be there on a full time.
Mr. Plummer: O.K., I thank you. Mr. Anderson, please. now I know what
I'm dealing with.
Mr. Anderson: My name is Michael Anderson, and I'm an attorney with offices
at 8525 S.W. 92 Street. I represent two of the appellants who are objectors
at the Zoning Board, Robert and Gladys Johnston. My clients live directly
south of the subject property. You can see the subject property is in
107 MAY 2 ? 1982
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Mr. Anderson (CONT'D): ....gold, and my clients live directly south, just
on the other side of Jackson Street. We took this appeal and then the
Crisis Nursery moved in across the street. I'm here to tell you that the
way it is being run presently my clients have no objection to it. However,
I don't want to minimize the potential problems of this location. In
other words, as far as we are concerned, the way it is being run currently,
we don't have a problem with it. But I want to give you some idea of what
the potential problems are and ask that if you would, we would like to see
the resolution amended slightly for the protection of the property owners
in the area who initially you can see were not in favor of this item. If
you would look at these photographs; this is the property in question. It's
on... there is very little yard area. This is, I guess, the back yard.
That has... you don't see them here but there's the compressors there;
the front and side yards you can see from these photographs, and the other
side yard. So there is almost no space around this particular building.
There are only two parking spaces, one of which is over here and one falls
at an angle, which is right over here. Basically, there is no parking.
There is very little open space surrounding the building. The neighbors,
as you can see from the photographs, are very, very close by.
The facility is open 24 hours a day, seven days a week. They have up
to six children. They only have half of the duplex. One half of the
duplex is theirs, and the owner lives in the other half. So, the other
potential problems could be parking, could be noise, garbage, and there
could be a problem if one of the parents wasn't supposed to know where this
is, should find the location and create a disturbance.
The way Ms. Simmons is running it is excellent. She has melted the
opposition. However, we would like three conditions in the resolution which
are not presently there. There is a condition in the current resolution
that it be reviewed in one year. We would ask that it be reviewed in six
months; that would be one condition that we would ask you for. Another
condition that we would ask you for is that they could not expand. As
you can see it's a very small location. They do occupy half the duplex.
We would not want them to expand into the other half and have double the
amount of facility, because it just would not work in this location in
my clients' and the opinion of the other people in the neighborhood.
If they did intend to expand, we would ask that they relocate.
The third thing is that we would like it approved only for the Crisis
Nursery and with Ms. Simmons as Director. If they were to change Directors
or programs, that they would have to come back for reconsideration.
Mayor Ferre: Mike, I go along with number two, but number three is kind
of hard. You know, that's inhuman.
Mr. Anderson: Well, I understand that a program went in on a conditional
use on another location in town....
Mayor Ferre: Tell me what number one was, because I didn't hear number one.
Mr. Anderson: Number one is that there be a reconsideration in six months.
There is a current consideration of a year on it right now.
Mayor Ferre: The second condition, I can live with.
Mr. Anderson: The second one was that if they intend to expand, that
they relocate because this really is very tight (the location right now).
And the third thing is simply if they are going to change any kind of
program, if they are going to change Directors, we would like them to
come back for reconsideration. This Commission has approved day-care
centers on similar situations where it was the current owner....
Mayor Ferre: Mike, in the interest of moving forward, I want to tell you
that I'm going to vote for this thing. But I want to vote for it with the
following conditions: One, that you come back for a quick discussion or
report. Not a reconsideration, but a report in six months. And that it
then come back formally for reconsideration, as it said, in a year.
Number two, that if you expand the program or change it in any way,
that then it would automatically come back for reconsideration.
Mr. Dawkins: But that does not include changing the Director.
sl
MAY 2 71982
Mayor Ferre: No, but number three is just not acceptable. 1 mean, what
does the Director have to do with this?
Mr. Anderson: She is apparently managing it right now to everybody's
satisfaction in the neighborhood.
Mayor Ferre: Fine, but she may want to go up to Cincinnati for six months,
and somebody comes back. I mean, how do I know? I don't think that we
can condition these things based on who, O.K.? Is somebody ready to make
a motion on this?
Mr. Robert Traurig: Mr. Mayor, may I ask what this six months' report
constitute?
Mayor Ferre: I want her to come back and tell us how things are going
in the operation.
Mr. Traurig: Fine, thank you.
Mayor Ferre: Will somebody make the motion one way or the other on this
thing?
Mr. Dawkins: What are we making? To approve it?
Mayor Ferre: Well, no, or disapprove, whatever you want to do.
Mr. Perez: Do you have any special conditions that you want to include
with this motion?
Mayor Ferre: Yes, I just made them.
Mr. Perez: O.K., that's the two conditions that you mentioned. I think,
Mr. Mayor, that child abuse is a very serious topic. All the governments
have responsibility to protect the children. If the Zoning Board has
granted this conditional use and the Planning Department also recommended
this facility, I move a motion that we approve what they are requesting
with your conditions.
Mr. Dawkins: I second.
Mayor Ferre: There is a motion and a second, with the conditions as
stated into the record by myself five minutes ago.
Mr. Plummer: And also with the conditions, as volunteered by the
applicant. Particularly the one with reference to the age of the
children from zero to six years of age.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Perez,
who moved its adoption:
RESOLUTION NO. 82-462
A RESOLUTION UPHOLDING THE GRANTING OF A
CONDITIONAL USE AS LISTED IN ORDINANCE NO.
6871, ARTICLE IV, SECTION 43. TO PERMIT THE
OPERATION OF A COMMUNITY BASED RESIDENTIAL
FACILITY FOR A MAXIMUM OF SIX CHILDREN WITH
NO RESIDENT STAFF (ONLY SHIFT STAFF) ON SOUTH
80.48 FEET OF LOTS 34 AND 35; BLOCK 4: JACKSON
PEACOCK (3-18); BEING 3175 JACKSON AVENUE,
PER PLAN ON FILE. MEETING ALL THE CRITERIA FOR
A CBRF, AND WAIVING FOUR OF FOUR REQUIRED
OFF-STREET PARKING SPACES FOR STAFF AND OCCUPANTS
ON OWNERSHIP AND VISITATION; SUBJECT TO: a)
A REPORT SHALL BE MADE TO THE CITY COMMISSION
6 MONTHS AFTER C.O.; b) A REVIEW SHALL BE
MADE ONE YEAR AFTER C.O.; c) THERE SHALL BE
NO EXPANSION OF THE EXISTING FACILITY OR CHANGE
OF PROGRAM AND d) THE PROGRAM WILL SERVE ONLY
CHILDREN IN THE 0-6 YEAR OLD AGE GROUP; ZONED
R-2 (TWO FAMILY DWELLING).
109 ; ' " Qf)
W V
(Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
* Vice Mayor Joe Carollo *NOTE: Commissioner Carollo, though
Mayor Maurice A. Ferre absent on roll call, later requested
of the Clerk to be shown as voting
NOES: None. with the motion.
ABSENT: None.
33. APPROVE "WORLD TRADE CENTER" DEVELOPMENT ORDER, A (DRI) TO BE
LOCATED IN DOWNTOWN MIAMI PER FLORIDA STATE STATUTE, CHAPTER
380.06.
Mayor Ferre: Marshall, I'm sorry, this is an item that we were supposed
to do at 2:30 P.M., and I forgot. This is the approval of the development
order for the World Trade Center. Carolyn, forgive us for a moment, but
we're going to get through this one, hopefully, quickly. All right, Mr.
Reid, Mr. McManus, what is the recommendation of the Administration on
item 15?
Mr. Joe McManus: Mr. Mayor, members of the Commission, the Planning
Department recommends approval of a development order with certain
modifications. We believe the modifications are consistent with the
recommendations that have been made to the City by the South Florida
Regional Planning Council.
Mayor Ferre: All right. What are the modifications?
Mr. McManus: Let me briefly go through these. They are contained in
your agenda package as an attachment to the resolution.
Mayor Ferre: Very briefly would you tell us what they are?
Mr. McManus: Briefly... let me indicate first of all that the project
now is consistent with all these zoning requirements of the City of Miami.
They have achieved for example, the variance to the height limit. We
are recommending certain energy conservation measures, permits from the
South Florida Water Management District, and certain energy conservation
measures that would be undertaken as a part of the development of the
building. In some previous development orders, we had a recommendation
that the applicants provide roof structures for the City's communication
system, I believe Commissioner Plummer made that recommendation previously.
We are carrying that on. We are recommending that the Fire Department
and the Police Department review the construction documents for safety
and security and for emergency exit. We have included, consistent with
previous development orders, minority participation plan for a minority
employment on the construction of the project and for awards of contracts
to minority contractors. There are approximately three provisions relating
to traffic and transportation. The first of these has to do with the
applicant,would fund, bond, or provide a letter credit in the amount of
$416,000 for surface street improvements, which would be identified by
the State or County, which could be off -set by the City's class 4
improvements for the perimeter streets around the project.
The next item is the applicant would front end, that is by loans
or bonds, $3.31 million (in 1982 dollars) for the construction cost
of the I-95 bifurcated ramp system. Based on an equitable reimbursement
agreement, if a public sector financing package had not been committed
by March 15, 1983, the companion obligation on the part of the City
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Mr. McManus (CON'T): ....obligates the City to insure that funds are
provided to permit right-of-way acquisition construction bid letting
in a timely manner for the I-95 ramp construction. Further that such —
obligation must specifically provide that City funds are available by K
March 15, 1983 if further arrangements cannot be made by that time for ,
the I-95 bifurcated ramp system.
Further, we are promoting energy conservation by encouraging the -_
applicant to engage in transportation system management and corresponding
obligations on the part of the City. The rest of these provisions follow the format, procedures, and previous development orders by requiring —
monitoring on a certain time limits.
Mr. Mayor, I would suggest that would cover the more saliant points
of the development order. I'll be happy to answer any questions.
Mr. Plummer: Get a little saltier on that City guarantying the money of
the bifurcation.
Mr. McManus: The recommendation is that the City would obligate itself
to insuring that funds to permit right-of-way acquisition in construction
bid letting are available in a timely manner for the I-95 ramp construction.
Mr. Plummer: But we're not into this one.
Mr. Gary: Same thing.
Mr. Plummer: No, no, Mr. Gary, no. We find ourselves in a sad state of
affairs with the other two, because we've approved them before Tallahassee
started doing all kinds of funny dances up there. And we haven't approved
this one. I'm not worried about the $3.32 million, Mr. Gary, I'm worried
about the wording that says that the City guarantees funding. If, in fact,
the rest doesn't come through. Read that sentence again, Mr. McManus.
Mr. Jim Reid: If I could, Commissioner Plummer.
Mr. Plummer: Gee! You don't even look like Mr. McManus.
Mr. Reid: I'll remain neutral on that comment.
Mr. McManus: It'll be the first time.
Mr. Reid: This is an important issue in the development order.
Mr. Plummer: I didn't hear Mr. McManus read that. I've asked Mr. McManus
to read that sentence again.
Mr. McManus: Commissioner Plummer, it's actually two sentences. Let me
repeat them both again. The City would obligate itself to insuring that
funds to permit right-of-way acquisition and construction bid letting are
available in a timely manner for the I-95 ramp construction period.
(Continued on the second sentence) Such obligation must specifically
provide that: if State monies are not provided or an agreement for
State reimbursement for State reimbursement for City Funds is not
executed by March 15, 1983, the City shall in collaboration with Metro-
politan Dade County provide funds to front end construction costs for the
I-95 ramp system.
Mr. Plummer: That is what has me concerned.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No, no, no. We have committed in the two development
orders that we have approved.....
Mayor Ferre: Yes, but look.
Mr. Plummer: And that is what is creating the panic.
Mayor Ferre: Hey! J.L., this is a very, very important project.
Mr. Plummer: I understand that.
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MAY 2 71982
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Mayor Ferre: And we've already....
Mr. Plummer: Every project is important.
Mayor Ferre: No, but this one is particularly important, and we have now
taken a position which we are stuck with with Gould and with Southeast.
I can put it to you this way, once you're pregnant, what's the difference?
You're either pregnant or you're not pregnant. Now we are pregnant.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: You're not, but the majority of this Commission is already
involved in this thing. I mean, we've already approved two others, a
third isn't going to make a bit of difference. I think that we have to
get on with this and build this City. Let's go!
Mr. Plummer: Mr. Gary, on the record, sir, where is the money coming from?
Yes, laugh, you dirty devil, because you are going to leave the day before
the check comes due.
Mayor Ferre: We are presently negotiating it.
Mr. Gary: We are working out a negotiation with the State and Dade County,
ourselves, and the developers for the financing. I have sumbitted to members
of the City Commission the most recent meeting we had with the Governor.
We've had another meeting since that time, and we are coming to some
conclusion there we feel would be acceptable to the City Commission.
Mayor Ferre: And it's coming on quick, right?
Mr. Gary: Yes, sir.
Mr. Reid: Yes.
Mayor Ferre: And I want you to know you are going to be happy about it.
And I want you to know, J.L., that you shouldn't pay attention to the
Miami Herald editorials.
Mr. Plummer: No, no, no, no, I'm not paying attention to those. I can
bark my own bite.
Mayor Ferre: That's not what Carollo said.
Mr. Plummer: Well, Mr. Mayor, let me tell you, and maybe we ought to
discuss this matter after this is down and over with. Maurice, let me
tell you something, the Dade Delegation in particular are pretty damn
upset with the County Manager's decision as it relates to the spending
of dollars which they allocated. I want to tell you that a great number
of those people are going to take in the future and so bind that there
will be no'latitude for anyone to use monies for other than what they
designated.
Mayor Ferre: I know, but I hope that they don't tie us into that, because
we had nothing to do with what Herret Stierheim and the County Commission
did.
Mr. Plummer: What they are about to do.
Mayor Ferre: What they are about to do. But we have a problem and it is
a serious problem of transportation downtown. We have to solve it with
or without this building. So why hold this building hostage to a problem
that they have nothing to do with. Marshall, do you have anything to do
with the Dupont Plaza traffic mess? Why are we going to hold him hostage
for?
Mr. Plummer: I won't touch that line, Mr. Harris.
Mr. Carollo: Maurice, I'm ready to move.
112
MAY 2 7 1982
31
Mayor Ferre: He wants, he has to say something.
Mr. Marshall S. Harris: I have one point. If I might introduce myself first,
I'm Marshall S. Harris of the law firm of Harris & Sirkin. We are counsel
to Dade Savings and Loan Association. I'd like to thank the staff of the
City who were instrumental in our being able to work with South Florida
Regional Planning Council. We have worked out all of our problems with
South Florida and with the City with one exception. I'd like to spend just
one moment touching on that issue. In the computation of the $3.31 million
that we are being asked to front end, is an assumption....
Mayor Ferre: Three point what?
Mr. Harris: $3.31 million. There is an assumption of our mass transit
ridership at 30% of those people who will be in the building, and the reason
given by South Florida Regional Planning Council is that our people mover...
you have to go from the people mover down to the ground floor and then into
the entrance lobby to go up into our building. Yet they gave 50% presumption
of mass transit ridership to both Gould and Southeast, where in the
Southeast case, the station is across the street, not even in the same
building! And they gave them 50%!
Mayor Ferre: Now, now....
Mr. Harris: If you gave the same presumption today that they gave and you
approved to Gould and to Southeast, our commitment would be $1.91 million,
not $3.31. That's the only issue that we have. We just like to be treated
like everybody else. They are, after all, our competitors.
Mr. Plummer: But Mr. Gould gave the City a million dollars for Bayfront
Park.
Mr. Carollo: Worse than that.
Mr. Harris: Well, then I'll make my other argument, Mr. Plummer, which is
we really shouldn't have to pay anything. We're your lessee. It's the City
that ought to be paying all, but I didn't want to say that.
Mr. Carollo: Well, you did.
Mr. Plummer: Not as long as we hit you with impact fees. That's no problem.
Mayor Ferre: This is what is sauce for the goose is sauce for the gander
argument. Why would you use a....
Mr. Plummer: The sauce is a million dollars.
Mayor Ferre: Why would you use a 50% assumption with Southeast and with
Gould, and a 30% assumption with them?
Mr. Harris: It's not your staff's fault.
Mr. Jim Reid: Could I answer that question?
Mr. Harris: I'm sorry, Jim.
Mr. Reid: Mr. Mayor, the point made by Mr. Harris is very valid. The
assumption that we carried into our development order was that developed
by the South Florida Regional Planning Commission, because it has been
our experience in the past that they have appealed development orders
and have been nit picking about their provisions and formulas. I think
it is very valid and a case can be made before them to make the same
assumptions in terms of rapid transit ridership for his project as the
Southeast and Gould, and that is 50%.
113
MAY 2 7 1982
C C I
Mayor Ferre: Do you agree with the calculation that he has come up with,
that if it were 50 rather than 30, instead of it being $3.3 million it
would be $1.9 million?
Mr. Reid: Yes, Mr. Mayor.
Mayor Ferre: Well, I think that's fair. Would you mind rounding that
off to $2 million, just because I like round figures?
Mr. Harris: I happen to be unlike Mr. Davis, I have that authority. Yes,
sir.
Mayor Ferre: All right, now, do we have any other problems?
Mr. Gary: Should go two and a half.
Mayor Ferre: I should have talked to my Manager!
Mr. Plummer: Wait a minute, are we talking about....
Mayor Ferre: Would you believe two and a half?
Mr. Plummer: Woa! Are we letting them off the hook of $3.31 and putting
them back on the hook for $2 million?
Mayor Ferre: Yes, based on what he said. What he is saying is that what
is sauce for the goose is sauce for the gander. What do you want to do,
make it $2� million, is that what you want?
Mr. Plummer: Why would you let them off the hook for less than what they
were already obligated to?
Mr. Harris: We're not obligated to anything, Mr. Plummer. That is a
faulty assumption by South Florida Regional Planning Council, which your
staff then used in making....
Mayor Ferre: They're not obligated.
Mr. Harris: .... their recommendation. I have withheld my attack on that
assumption because you people are going to make that decision. It was not
fair to barrage Mrs. Rockefeller and her board with that miscalculation.
Mayor Ferre: Yes, well anything is fair to barrage Mrs. Rockefeller and
her board with.
Mr. Gary: Mr. Mayor.
Mayor Ferre: But, Howard, the point is this, besides the 501V or the 30%
argument. The fact is that part of that building is ours. We have a
garage and a lot of other things, you know, so....
Mr. Plummer: Mr. Harris, didn't you when you negotiated this, didn't you
agree to the 3.31?
Mr. Harris: Oh, no! No. The record has been clear. We have opposed
any contribution until today's date. It was only over the last two days
that I've been able to twist my brother-in-law's arm and convince him that
a contribution by Dade for solution of the problem was appropriate, if
we could get agreement that it could be done on the same basis that that
contribution was exacted from Gould and Southeast.
Mr. Plummer: I'm beginning to believe that this is like Gould's contribution
to the park.
Mayor Ferre: All right, Mr. Manager.
Mr. Gary: Mr. Mayor, I have a solution....
Mr. Plummer: Yes, please!
114
cl MAY 2 71982
Mr. Gary: ....that Commissioner Plummer may finally agree to before he leaves.
Mr. Harris: Mr. Gary, I just want you to know I just need three votes. I
don't need a unanimous vote. I learned that a long time ago in politics.
Mr. Gary: I'm trying to expedite the project. I think it is important...
I think we can live with the $2 million, Mr. Mayor, but there is a possibility
that South Florida Regional Planning Council may bottle -neck us up in terms
of going to appeal. I would suggest, for the sake of getting this thing done,
because all of us want to get the Trade Center and the garage done, that we
accept the $2 million with the understanding that if they insist or decide to
appeal the $3.31 million, that we go back to 3.31.
Mr. Harris: Mr. Gary, sir, respectfully, you're just cutting the legs off
from under me. There'd be no reason for them not to say they insisted. We
did a pretty good job and your staff can tell you, on South Florida Regional
Planning Council, when they had this matter before them. The Mayor was there.
Their staff was very embarrased. My guess is they are not about to appeal
this order on this basis, but let your own staff comment on that, if you will.
I was there. That's our judgement. We're as vitally interested in proceding
as you are.
Mr. Gary: We'll deal with the two million.
Mayor Ferre: All right, is there a motion?
Mr. Carollo: Based on the recommendation of the staff and the City Manager,
I move.
Mayor Ferre: Is there a second?
Mr. Perez: I second.
Mayor Ferre: All right, Demetrio Perez seconds. Further discussion? Now,
it is as amended to $2 million. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-463
A RESOLUTION CONCERNING THE MIAMI. WORLD
TRADE CENTER, A DEVELOPMENT OF REGIONAL
IMPACT, LOCATED AT APPROXIMATELY 201-299
SOUTHEAST 1ST AVENUE, MIAMI, FLORIDA,
AUTHORIZING ISSUANCE OF A DEVELOPMENT
ORDER FOR SAID PROJECT, APPROVING SAID
PROJECT WITH MODIFICATIONS, AFTER CONSI—
DERING THE REPORT AND RECOMMENDATIONS OF
THE SOUTH FLORIDA REGIONAL PLANNING
COUNCIL AND THE PLANNING ADVISORY BOARD
OF THE CITY OF MIAMI, AS REQUIRED BY THE
CITY OF MIAMI ORDINANCE 8290, AND AFTER
CONDUCTING A PUBLIC HEARING AS REQUIRED
BY CHAPTER 360,06 FLORIDA STATUTES, SAID
APPROVAL AND AUTHORIZATION SUBJECT TO THE
CONDITIONS OF THE DEVELOPMENT ORDER
ATTACHED HERETO AS EXHIBIT "A" AND THE
APPLICATION FOR DEVELOPMENT APPROVAL
INCORPORATED BY REFERENCE: FURTHER DIREC—
TING THE CITY CLERK TO SEND THE HEREIN
RESOLUTION AND SAID DEVELOPMENT ORDER TO
AFFECTED AGENCIES AND TO THE DEVELOPER.
(Here follows body of resolution, omitted herein and
on file in the Office of the City Clerk).
115
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MAY 2 ? 1982
Upon being seconded by Commissioner Perez, the resolution
passed and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: * Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
ABSENT: None.
ON ROLL .CALL :
* Mr. Plummer: I just don't... I'm sorry, I can't see... It has been my
understanding all the way along of the three point whatever. We're running
into damn serious problems and now we're reducing it. I can't vote for
that. I'm sorry. I have to vote negative.
Mr. Gary: The only problem is we have to pay the money back. It's just
a loan, anyway.
Mr. Plummer: Yes, but that is still... we have to get X number of dollars
out of the State and we're not going to get them.
Mayor Ferre: I think this is another small step forward in the rebuilding
of a major, major world -class city. This project shall pay millions of
dollars bf taxes into our coffers, will be the motor vehicle for building
this community into a great community. These are the kinds of positive
steps we have to take. My only concern, Mr. Harris, through you to your
client, please get going with this project. We must. This is a very,
very important part in this chessboard of the rebuilding and revitalization
of downtown Miami, and of the whole community! There will be thousands of
people employed here! Black, white, Latin, men, women, old, young, everybody!
It's a very important part of the future of this community. Get on with it!
Mr. Harris: Be happy to do so.
Mr. Dawkins: Mr. Harris.
Mr. Harris: Yes, Mr. Dawkins.
Mr. Dawkins: My vote is not against you and Dade Federal. My vote is
for the same reason that the other vote was dropped, mine was dropped from
you. I do not believe that the other groups are paying a fair share, so
that's why my vote was in the negative.
Mr. Harris: I appreciated that for reading lips, I see that, sir.
Mr. Plummer: Mr. Mayor, and this, Marshall, has nothing to do with you.
Mr. Gary, I want to tell you something. This this has me petrified to
the extent'that we are going to have to pick up a tab that we are now
committed for all three projects, that I don't think that we can afford.
I know that you have all had your meetings, but I would like a weekly
report of what's going on, because I want to tell you something. With
those three major buildings and the others that are being proposed
in that area, the traffic is going to be atrocious if this thing is not
done! And if it is done, where is the money? That is all I'm asking.
Mr. Harris: I'll just end by thanking you all and also once again
congratulating your staff. Without them we could not have achieved this.
116
MAY 2 71982
sl
34. VACATE AND CLOSE 11. E. 4 STREET, BETWEEN N. E. 1ST AND N. E. 2ND
AVENUES re: TENTATIVE PLAT #1071
Mayor Ferre: Item 16, let's go, quickly.
Mr. Joe Mc Manus: We go back to 10, Mr. Mayor.
Mr. Gary: No, you are to go to 10.
Mayor Ferre: No, wait a moment. Dr. Padron says he can get out of here
very quickly. Is this quick, non-controvertial?
Dr. Padron: As a matter of fact, I'm just here to answer your
questions. This item has been recommended by all the proper departments.
Mayor Ferre: Are there any opponents here to item 16? Is there a motion?
Mr. Perez: Let me see... I move.
Mayor Ferre: All right.
Mr. Plummer: Wait a minute, woa! There are conditions on this now.
Mayor Ferre: All right, the Administration, would you tell us the
conditions? The Planning....
Mr. Plummer: Basically, what it is, is that the 4th Street East would
become two way and that at no time can 4th Street be closed for their
benefit until 4th Street becomes two way.
Dr. Padron: We have letters from the Public Worxs Lepartment snowing
no objection to doing that.
Mayor Ferre: Does the D.D.A. agree with this? The Planning Department
agrees with it?
Mr. Plummer: Doctor, the only problem with that is they say they'll do
it but sometimes it's three or four years until they get around to it.
O.K.? So, what I'm doing is basing this on you cannot close that street
until the other one has effectively been put in two way.
Mayor Ferre: Is there a motion?
Mr. Plummer: I so move.
Mayor Ferre: Plummer moves. Second?
Mr. Perez: Yes, I second.
Mayor Ferre: Perez seconds item 16 as presented with the conditions.
Any objectors? Call the roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-464
A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINUING
THE PUBLIC USE OF NORTHEAST 4TH STREET BETWEEN THE WEST
RIGHT-OF-WAY LINE OF NORTHEAST 2ND AVENUE AND THE EAST RIGHT-
OF-WAY LINE OF NORTHEAST 1ST AVENUE AS ONE OF THE CONDITIONS
FOR APPROVAL OF TENTATIVE PLAT NO. 1071 "MIAMI DADE COM-
MUNITY COLLEGE NEW WORLD CENTER," SUBJECT TO THAT PORTION
OF NORTHEAST 4TH STREET BETWEEN BISCAYNE BOULEVARD AND
NORTHEAST SECOND AVENUE FIRST BEING MADE A TWO-WAY STREET.
11'7
sl
MAY 2 71982
(Here follows body of resolution, omitted herein 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:
NOES:
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Fevre
None.
ABSENT: Vice Mayor Joe Carollo
ABSTAIN: Commissioner Miller J. Dawkins
:Mayor Ferre: Dr. Padron, are you here on anything else?
Dr. Padron: No, thank you very much.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Let the record show that Miller Dawkins abstains on the
closing of that street, that's item 16. Further discussion? You called
the roll, right?
Mrs. Matty Hirai: Yes, sir.
35. DISCUSSION AND DEFERRAL OF CONSIDERATION OF Al APPEAL BY
SUNSET VILLIlS CONDOMINIUM ASSOCIATION - PHASE ILIA, IDC."
re: CONSTRUCTION OF APARTME::T PROJECT (JACARAL BAY CLUB)
AT 4865 N. W. 7TH STREET.
Mayor Ferre: We're now on item number 10.
Mr. R. Whipple : Mayor, members of the Commission, this item, as was
the item earlier, is an appeal of the Zoning Board's granting of variances
for a project called the Jacarol Club. The variances included....
Mayor Ferre: The Jack who?
Mr. Whipple : Jacarol.
Mayor Ferre: The Jacarol.
Mr. Whipple . The variances included, as listed in your fact sheet,
side yards, yards adjacent to public open space, set backs of parking
structures, heights of parking structures, and also floor area ratio
variance. The department recommended denial of all these items. We
feel that no hardship does exist with respect to justifying this variance.
We believe that the floor area ratio requested is excesive, and in essense
tantamount to a change in zoning. We have not had anv chances of zoning
in this particular area of any significance. The project with the additional
floor area would permit approximately 370 building units more than what
would normally be built, assuming the same size and type of development,
and for these reasons in brief is the basis for the department's recommendation
of denial. Notwithstanding our recommendation, however, the Zoning Board
did recommend approval of the variances and with a modified floor area
ratio variance (F.A.R. of 1.44), the abutting property owners are here
appealing this Zoning Board's decision.
sl
118 MAY 2 71982
i 0
Mr. Joe Matthews: Mr. Mayor and members of the Commission, I'm Joe
Matthews with the law firm of Murai Wald and Biondo, 25 S. E. 2nd Avenue,
Miami. I am here on behalf of the petitioners, the 91 signatories to the
petition for appeal of this and the Sunset Villas Phase III Association
and its President, Darjelo Garcia. I am here in the hopes that I can con-
vince this Commission to stop the City from making a mockery of its Zoning
Ordinances by giving extraordinary priviledges to some unknown individual,
person, he, she or it who will not come to the City and tell you who it is
because that individual, whoever.it is, has an agent here with the political
savvy to attach the words "middle income housing" to the project and fly
through the Zoning Board on the basis of that alone.
Mr. Carollo: Excuse me, sir, you're saying that in this particular project
the owners are not known at all?
Mr. Matthews: That's correct, sir. The owner, the legal title holder before
the Zoning Board, is Central Bank and Trust Company. An officer of Central
Bank and Trust Company appeared here and indicated that he holds, that the
bank holds bare legal title and it is not authorized to advise the Commission,
excuse me, the Board at that time, I do not know whether the same is true
today, of the beneficial owner. And the only thing that I can represent to
the Commission is that in February or March of 1981 an officer of Central
Bank and Trust testified under oath in a Circuit Court proceding that the
beneficial owner of that property was a corporation called Jacarol Bay Club,
which I don't think it takes any major jump of logic to see is Jack and
Carolyn Weiss, but that is as far as I know. Mr. Carollo, does that answer
your question? As far as I know today, there has been no disclosure of the
beneficial owner of this property. If you want, I'll proceed.
Mayor Ferre: Well, wait a minute, let me see if I understand this right.
Do we know who the ownership of this property is on?
Mr. Matthews: No, sir.
Mayor Ferre: All right, are you willing to disclose that, representing the
owners?
Mrs. Carolyn Weiss: My name is Carolyn Weiss, President of Intercontinental
Properties. Mr. Mayor, City Commissioners, I have here a letter with me
from the Central Bank and Trust Company which I would like to present to you
here at this time together with some information as to the project, if I may.
Mayor Ferre: Well, I don't want to accept any information as to the project
until we get to the issue of who the owner is of this property. Now, does
this reveal the property ownership?
Mrs. Weiss: Well, it basically says that Intercontinental Properties has a
Management Agreement with Central Bank and Trust Company. Central Bank and
Trust Company has a land trust for beneficial owners.
Mayor Ferre: Carolyn, this Commission took a position after the Herald's
story of a few days ago that we would not deal with any issue where there
was not full disclosure of the ownership of property in the same way that
Metropolitan Dade County does. Now, our ordinance was passed this morning,
it was passed as a resolution. Unless we have full disclosure, in writing,
of who the exact owners are of this property then we cannot deal with this
issue.
Mrs. Weiss: Well, the only person that can disclose the owners would be
Central Bank and Trust Company.
Mayor Ferre: well, you ask them to disclose it and we'll deal with you.
Mr. Carollo: Let me ask this, if I may ask you this, Mrs. Weiss: This
power of attorney that you have is only limited to your representing them
for the variance changes?
Mrs. Weiss: I get authorization from them from time to time for different
purposes.
Mr. Carollo: What I'm stating is that this power of attorney that is in-
cluded here, what it states here is that you have the power of attorney to
represent them on these variances on this property, is that correct?
119
MAY 2 7 1982
0
Mrs. Weiss: That's correct.
Mr. Carollo: Does it state anything else other than that?
Mrs. Weiss: I really don't know, I haven't seen it since I presented it
to the variance board.
Mr. Carollo: You haven't seen it?
Mrs. Weiss: I haven't seen it recently. I have a copy of it here in front
of me.
Mr. Carollo: Well, the only thing that I can understand is that the only
thing you have power of attorney for is to represent the trustee on this
variance or variances having to do with that property.
Mrs. Weiss: That's correct.
Mr. Carollo: Nothing else. I just wanted to make sure that what I read was
correct.
Mrs. Weiss: Well, the letter that they gave me basically says more or less
the same thing and that I have the right to be before the Commission today.
Mayor Ferre: Mr. City Attorney, based on the posture of the City of Miami
Commission on this question of disclosure, would you give us your ruling as
to whether or not we can deal with this issue at this time?
Mr. Knox: Yes, sir. You adopted, prior to the adoption of your ordinance,
you adopted a resolution which formally expressed the will and the policy
of the City Commission. The adoption of that resolution can operate as a
so-called red flag and it operates in the same manner that the red flag
theory operates for moratoriums. So the answer to your question is that you
have a right to make a determination that this matter should not be considered
until after the effective date of the ordinance.
Mayor Ferre: The Chair so determines that item #10 cannot be considered
until it complies with the intent voted unanimously by this Commission of
full disclosure of the ownership.
Mr. Matthews: Mr. Mayor, if I might ask just a procedural question. Unfor-
tunately, the posture of this particular item is such that my clients are
the petitioners, are the appellants, and as it stands right now they have
the authority from the Zoning Board to go up there and throw seven seventeen -
story towers, whoever they are. The Zoning Board has already granted those
variances and my concern is....
Mr. Plummer: But that is stayed on an appeal.
Mr. Matthews: Is it? Okay, thank you. That's all I'm asking, that's all
I was trying to do is confirm that....
Mayor Ferre: Now wait a minute, please. On the record, Mr. City Attorney,
tell us that this matter is continued and that that stays, any... that these
people in effect, and dejure, do not have variances granted.
Mr. Knox: That is correct.
Mr. Matthews: Thank you, sir, nothing more.
Mayor Ferre: Is there further discussion on this item?
Mr. Jack Weiss: Mr. Mayor, I'm Jack Weiss. Are you saying that this matter
is deferred at the present time until the next agenda?
Mayor Ferre: That's right, the next agenda if there is compliance with the
full disclosure requirement. Once that is done then there is no problem,
then we'll hear it.
Mr. Weiss: I see. Now, this particular ordinance, or the resolution rather,
that was passed today, so then it has been carried and we are riding under
that ordinance?
Mayor Ferre: No, under the resolution.
120
MAY 2 7 A982
0
Mr. Weiss: So in other words, if this had occurred yesterday then we
would have proceeded.
Mayor Ferre: What brought this matter up, Mr. Weiss, was a story in the
Miami Herald which distinguished the difference between the position of the
City of Miami and Metropolitan Dade County. Now, there was another article
on a completely unrelated matter dealing with our purchasing procedures and
we're going to modify them in the same way. So what this Commission did was
we passed both an ordinance and a resolution. So in other words it can be
brought up at the next zoning hearing which will be in June.
Mr. Weiss: Thank you, Mr. Mayor.
Mr. Matthews: Thank you, Mr. Mayor.
Ferre: We'll see you then.
36. RESTRICT ENCROACHMENT UPON EXISTING BOAT PIT AREA AT MARINE
STADIUM SUBJECT TO CERTAIN PROVISIONS, ETC.
Mayor Ferre: We'll take up Item 31.
Mr. Plummer: Mr. Mayor, this, as you know, at your request I met with the
people, the parties involved. I think we have worked out an agreeable sit-
uation with the Inboard Racing Club, with the Champion, with the City and
everyone concerned. What this resolution before you simply states, Mr. Mayor,
is in the interest of safety that for a period of the next two years that if,
in fact, boat races are to be run in the Marine Stadium that there shall be
no reduction in the size of the pit area which would make it for a dangerous
situation. Now does anybody have a resolution? You've got one in front of
you? Give it to me so I can read it, and I would ask this Commission....
You've got it? Somebody give me a 31, please.
Mayor Ferre: I have it right here. Here you are, Plummer.
Mr. Plummer: I'll read it. A resolution of intent of the City Commission
to restrict encroachment upon the existing boat pit area at the Marine
Stadium excluding any area that has heretofore been authorized for other
use and subject to the provisions that the City does not sell, lease, dis-
pose of, change the use of or close the said stadium over the next two year
period. Mr. Mayor, there also went with this the possibility of the Florida
Inboard Racing Association sitting down with the administration to negotiate
out, if they wish, on an annual basis a reduction in rent for a volume num-
ber of events. That was also included. Mr. Mayor, I urge the passage of
this resolution.
Mayor Ferre: Pass it back to me now, J. L., so I can see it. All right,
there is a motion by Commissioner Plummer, is there a second to the motion?
Seconded by Commissioner Dawkins, further discussion?
Mr. John Thomas: Mr. Mayor, could I have a clarification on this issue,
please?
Mayor Ferre: Yes, of course.
Mr. Thomas: I'm John Thomas, I'm an attorney for Marina Biscayne Inc., the
next door neighbor to this property and for my information, could you de-
scribe what it refers to about encroachment upon the existing boat pit area,
in specific terms does this include the area where boat racks are now being
built in the pit area?
Mr. Plummer: No, sir. It states, Mr. Thomas, very clearly that nothing
that has been done heretofore is in part of this resolution. We are not
going to be taking racks down to enlarge the size.
Mr. Thomas: The racks are not actually built yet, there are racks that are
beginning to be built. I don't believe that has ever been a permitted use
that has come before this Commission and I would ask that these boat racks
not be permitted to be built in that area.
141 MAY 2 7 1982
Mr. Plummer: Well, that doesn't come to that, sir, and that is not part
of the contention. It says here, "...excluding any area that has heretofore
been authorized." Those racks were authorized, sir, and as such....
Mr. Thomas: I would take exception to that, I don't believe that racks in
that position were authorized. They were authorized in Parcel B and there
no racks in Parcel B and there were racks and other uses....
Mr. Plummer: If they're not authorized, sir, then it is not part but it
is....
Mr. Thomas: That's what I'm trying to clarify, whether in your opinion or
in the opinion of the City these racks were authorized.
Mr. Gary: Mr. Commissioner, for the record, they are authorized and they
will be built.
Mr. Plummer: And if they weren't authorized it doesn't apply, that's all
I'm trying to say. Okay? So, Mr. Mayor, I urge the adoption of the reso-
lution.
Mr. Thomas: Just for the record, I would enter our opposition to the racks
being built in this area, they aren't there now, it is our opinion that
they would interfer with the pit area and that they were not properly author-
ized and they shouldn't be built.
Mr. Plummer: I think you made that point before, Mr. Thomas at the time we
authorized them.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 62-465
A RESOLUTION OF INTENT OF THE CITY COMMISSION TO RESTRICT
ENCROACHMENT UPON THE EXISTING BOAT PIT AREA AT THE MARINE
STADIUM, EXCLUDING ANY AREA THAT HAS HERETOFORE BEEN AUTHOR-
IZED FOR OTHER USE, SUBJECT TO THE PROVISION THAT THE CITY
DOES NOT SELL, LEASE, DISPOSE OF, CHANGE THE USE OF, OR
CLOSE THE SAID STADIUM OVER THE NEXT TWO M YEARS.
(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 J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo.
37. BRIEF COMMENTS re: 11CHAY2ION SPARK PLUG UNLIMITED REGATTA"
mr. Plummer: mr. mayor, 1 WUU.L%4 ►� --
come back from Spain having a beautiful sunshiny time enjoying the attributes
of the parties given by the Ring to enjoy the benefits of the Champion Un-
limited Regatta, we will have nine boats this year of the unlimited class
and it looks like that we're going to break all time attendance records.
Mayor Ferre: -That's super. Well, I'm sure we'll be well represented by you,
Plummer, and we'll see what happens after. Are you the prize?
Mr. Plummer: No, Mr. Mayor, I have volunteered you to sit in for the Timex
commercial in which they attach you to the bottom of the boat to see if you
still work after the race is over.
33. APPLICATIOil BY LUIS PRIETO/CONCEPCION MUI4OZ FOR OISE-YEAR
EXTENSION OF VARIANCES AT APPROXIMATELY 3044 HATILDA.
Mayor Ferre: There is a lady here on Item 12 who says that she is getting
labor pains - I hope she's pregnant. She's next because I think I would be
nervous otherwise. So why don't we take you up on Item 12.
Mr. Richard Whipple: Mr. Mayor, Item 12 is simply an extension of a variance
that was granted by the Zoning Board. The Department has no objection to the
extension.
Mayor Ferre: All right, if there is no objection to the extension I'd like
to ask Mrs. Munoz on the extension of the variance why haven't you begun con-
struction?
Mrs. Munoz: Because due to the construction problems and the recession we
thought it would be better to wait. There is a lot of construction going on
in the Grove....
Mayor Ferre: Okay, I hope that you will be able to begin and that you don't
have to come before us for another variance. Is there a motion on Item 12?
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 82-466
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A VARIANCE AS
LISTED IN ORDINANCE NO. 6871, ARTICLE VI, SECTIONS 2(3) AND
3(1) (a) (2)(a), TO PERMIT CONSTRUCTION OF A DUPLEX RESIDENCE
ON LOT 25, BLACK 4; JACKSON PEACOCK SUB (3-18); BEING APPROX-
IMATELY 3044 MATILDA, AS PER PLANS ON FILE, ON A LOT WITH
38.86' AVERAGE WIDTH (40' REQUIRED), 10' FRONT YARD (20' RE-
QUIRED), AND 5' SIDE STREET YARD (15' REQUIRED); ZONED R-2
(TWO FAMILY DWELLING).
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
123
MAY 2 7 1982
17,
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39. RATIFY COTIDITIOI.IAL USE TO PERMIT A DRIVE -Ili TELLER FACILITY .
AT 501-599 S. W. 21 AVENUE (ROYAL TRUST BANK CORP .
Mayor Ferre: Take up Item 13, I think that is a non -controversial item.
Mr. Plummer: Mr. Mayor, I've got a real problem with 13 because I want to
tell you, if that's the Royal Trust Bank...
Mayor Ferre: Yes.
Mr. Plummer: Mr. Mayor, this is the bank in particular that I first brought
to this Commission's attention that I wanted all drive-in tellers to be brought
before this Commission for approval. I have, in fact, prior to the break of
lunch spoke with the people of Royal Trust, my concern, Mr. Mayor, that in the
afternoons traffic had been backing up 3 and 4 and 5 blocks on S. W. 6th Street.
It is fully their intent to try to correct that situation but I want to make
sure that what they are trying to do will be lived up to in its fullest. Mr.
Mayor, they will provide at the present time six drive-in tellers. They will
provide stacking, it is my understanding, up to 67 cars off the street. Now
all of that is good and sounds good on the drawing board if, in fact, that
at all times is in effect. Let me tell you where these things fall apart from
a very easy standpoint. As long as all six of those tellers are open I'm sure
there will be no problem. But where this thing falls apart is when, in fact,
they have one or maybe two opened up and the rest are closed. It is my under-
standing, and they'll have to say it on the record, that they are agreeable
that as one of the conditions to the granting of this variance or Conditional
Use that they will maintain at all times all six windows when the drive-in
facility is in use. If you don't, you're going to back it up unbelievably.
Mr. Gary: Yes, it is terrible over there now.
Mr. Plummer: It is worse than terrible now, and I salute the bank for wanting
to do something about it but I don't want it to look good on paper and not
work in reality. Now, they were in concurrence with that, they said what
happens if one of the tellers wanted to go to the bathroom, well, I'm sure
that's an emergency and would be no problem. But all I'm saying to you is
that's what we're providing, now what the intent is is to keep the traffic off
the street. I won't go into the personal matter that took place there because
it's it's not necessary,I think anybody that has been by there has seen the
problem and the problem is very simple, the backing up on a public street
which has been blocking the street.
Mr. Richard Pober: Commissioner Plummer, I'm Richard Pober, Vice President
of Royal Trust Bank and I agree that we'll maintain the six lanes as you
requested.
Mr. Plummer: Not the six lanes, sir, the six tellers.
Mr. Pober: Well, first of all, the facility does not operate with six tellers
operating six lanes.
Mr. Plummer: As I saw it, there were six individual booths.
Mr. Pober: No, sir, the present system right now is eight booths with indi-
vidual tellers operating the lanes. The new system is a pneumatic system,
it does not work on the basis of one for one. All six lanes will be maintained,
it isn't necessarily true that it takes six tellers to operate the six lanes.
Mr. Plummer: Okay, what you're saying is that all eight booths, each booth
capable of handling a car at a time will be open.
Mr. Pober: Each of the lanes will remain open.
Mr. Plummer: The booths, the eight booths.
Mr. Pober: That's the present system right now, sir. That system is being
replaced.
Mr. Plummer: But what we're talking about is that eight cars at a time can
124 MAY 2 71982
be put through the teller service, or through the service?
Mr. Pober: Yes, sir.
Mr. Plummer: Okay. And that you will maintain, except for repairs, of
course, that you will maintain at all times thouse eight facilities will
be open. That's all I'm asking.
Mr. Pober: Yes, sir.
Mr. Plummer: Fine.
Mr. Dawkins: But what he's not saying to you, Commissioner Plummer, is
that one teller may be handling the eight stations so, therefore, they can
only handle one car and if they clear that one out, they clear it out.
It's not like what you think they're saying that a teller will handle a
line.
Mr. Plummer: Miller, I understand what you're saying and we're playing with
words. Okay? All I'm saying to you is that the schematic that they have
surrendered to this Commission, in my estimation, will work if all eight of
those little pods are open to service eight cars at a time. If it is not
the case we're kidding ourselves and it only looks good on paper, not in
reality.
Mr. Pober: All of the lanes will remain open as Commissioner Plummer had
requested.
Mr. Dawkins: But it may be one, it may be two tellers only operating the
eight lines, am I right?
Mr. Pober: Probably not.
Mr. Dawkins: But that could be, right?
Mr. Pober: Yes, sir.
Mr. Plummer: Well, Okay, look, I don't know exactly what you're talking
about, I'm going to tell you, this pneumatic doesn't have to go to the
bathroom. Correct?
Mr. Pober: Sir, a teller, a person has to operate at the bank end of the
system.
Mr. Plummer: Okay, I understand. But it would be understandable that if,
in fact, you had eight customers there on the front line that they would
not have to wait for any great period of time and as such there would be
adequate personnel in the bank to handle that case load.
Mr. Pober: Yes, sir.
Mr. Plummer: All right, sir, now I tell you what I'm going to do. I'm
going to make it a one year review.
Mr. Whipple: One year after completion, Certificate of Occupancy?
Mr. Plummer: Six months after occupancy, I'll give them a year from today
or six months after occupancy, whichever comes sooner. With those condi-
tions, I move the item.
Mr. Perez: I would like the City Attorney, I live about 200 feet from
there, does it make any difference to vote?
Mayor Ferre: Yes, you can't vote.
Mr. Percy: If you can disclose your apparent or potential conflict on the
record, Commissioner, if you feel that you can vote impartially on this
question then that's your decision.
Mayor Ferre: This is not an emergency item, is it?
Mr. Plummer: No, it is a resolution.
Mayor Ferre: We don't need his vote, so in my opinion, my advice to you is
don't vote, if you live within 200 feet of the place don't vote. QnrAv 2
4939
ice+
Mr. Plummer: And make sure you fill out a card why you didn't.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-467
A RESOLUTION TO RATIFY CONDITIONAL USE AS LISTED IN ORDINANCE
6871, ARTICLE XII, SECTION 1 03)(f) TO PERMIT A DRIVE-IN
TELLER FACILITY ON LOTS 43 TO 48 LESS DEDICATIONS, BEACOM
MANOR (8-211), BEING APPROXIMATELY 501-599 SOUTHWEST 27TH
AVENUE AND 2717-19 SOUTHWEST 6TH STREET, AS PER SITE PLAN
ON FILE; SUBJECT TO CONDITIONS AND REVIEW BY THE CITY COM-
MISSION; ZONED R-C (RESIDENTIAL -OFFICE).
(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 J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo.
ABSTAINING: Commissioner Demetrio Perez, Jr.
40. (CONTINUED DISCUSSIO17): SECOND READING ORDINANCE - ADD "SPD-5
HERITAGE CONSERVATION, RESIDENTIAL - OFFICE SPECIAL OVERLAY
DISTRICT" AFTER "SPPD-4 DESIGN PLAZA OVERLAY DISTRICT" (SEE
LABEL 21)
Mayor Ferre: All right, now we're on Item 2. Janet, that is something that
we held up for you so that you could make your statement into the record so
hurry up and make your statement.
Ms. Janet Cooper: Janet Cooper, 1901 Brickell Avenue, President of Save Brickell
Avenue, Inc. We request on page 4 that you insert in the second line after the
word hearing the following words: "following public notice as set forth in City
Code Section 62-55(1)(2)(3)and (4) which are newspaper posting, mail and optional
notice and that.....
Mr. Plummer: Janet, she has already taken care of that this morning.
Mayor Ferre: Well, but I told her that I would permit Janet the right to make
any statements into the record or call up any of these areas.
Mr. Plummer: But haven't you already corrected....
Ms. Cooper: I have no way of knowing what was done this morning.
Ms. Joyce Meyers: No, sir, there is a disagreement on the notice.
Ms. Cooper: What we talked about last time was I was requesting there be mailed,
posted and published notice, that's what I'm still requesting. At your sug-
gestion, Commissioner Plummer, you said adequate notice. ghat the Department put in
without a definition of adequate notice from the Commission was with the min-
imum of 10 days notice in a newspaper of general circulation. It doesn't talk
about newspapers in the different communities as we have for general publica-
tion requirements, it just says a, that means one newspaper of general circula-
tion. This is inadequate. It is clearly inadequate. What we're talking
about is regarding properties that may be immediately adjacent to the subject
property that is asking for site review and I think that the neighboring and
abutting property owners and the property owners within 375 feet are entitled
to mailed notice so that they know what is happening in their immediate vicin-
ity.
Mr. Plummer: As long as that cost is borne by the applicant.
^ V
H 1
MAY
2 7
1982
126
Ms. Cooper: I believe that all mailing costs for notices on applications
should be borne by the applicant. I can't speak to the procedures that exist
at the current time that may in the future, but I think a property owner is
entitled to know what is going to happen adjacent to his property and what
is provided for in the ordinance as it is proposed is not adequate.
Ms. Meyers: Just for the record, Mr. Mayor, the Department's feeling on this
issue is that we are talking about site plan approval, not a change of zoning,
not a variance, not a special condition. Site plan approval is something that
is only done in special cases, it is a precedent of getting into this mailed
notice that the department really can't handle administratively and we feel
that because it is only site plan approval that the newspaper notice would
be adequate.
Ms. Cooper: In response to that, what we're talking about in this particular
ordinance is having a commercial use in a residential district. By virtue of
that it can be very difficult for someone to live next to because you have
changed the use from residential use to a commercial use and, therefore, the
site plan of commercial use in the middle of a residential district is very
important for things such as buffing, foliage, trees, planting and these kinds
of things can make all the difference in the world as to whether it is conven-
ient or acceptable or pleasant to live next to this property. We think it is
commendable to preserve historic buildings and that is what this is trying to
do and we're not opposed to the ordinance as a whole but we do think that the
people who live in the immediate vicinity are entitled to have a great voice
in something that is such a radical change in use immediately adjacent to
their property. And if you want to insert the condition that the applicant
will pay for the publication in all the papers that are required and the
mailings, we have no problem with that. But we do think it is very important
because of the change in the nature of the use and having commercial uses
right next door that people should be entitled to that.
Mayor Ferre: All right, you've heard the conditions that she's requesting and
you've heard Joyce's answer.
Mr. Plummer: I think the question of when you speak of commercial uses, I
think you have to define commercial uses. One of the applications we have
had before us is an application which would be considered commercial, it's
office, are you talking about office commercial or are you talking retail
commercial?
Ms. Cooper: Well, Commissioner, the ordinance would permit any use that is
in the underlying zoning district which would be compatible and would not
be a problem but it would also permit....
Mr. Plummer: But you see, that would throw this application out.
Ms. Cooper: No, it permits other things, that's not the exclusive use, it
permits in addition real estate offices which can generate a lot of traffic,
mortgage financing offices which can generate a lot of traffic, accountants,
tax consultants, engineers, dental or medical offices which generate a lot
of traffic, offices of other professions or businesses not involved in the
sale or handling of merchandise and in addition, retail sales of items re-
lated to local history and historic preservation including but not limited
to antiques, art and handicrafts. So we're talking about quite a bit of com-
mercial activity and in order to preserve a neighborhood which is going to
allow this much commercial activity and office and professional activity
that may generate a lot of traffic, the placement of parking and the place-
ment of driveways, the placement of buffing and foliage and maybe walls and
all these kinds of things are absolutely essential in order to protect the
neighbors. The neighbors are entitled to know what is going to happen right
next door and the only way to achieve that is through published, posting
and mailed notice.
Mayor Ferre: Okay, we must move along. We've heard both sides of this is-
sue, now unless I heard otherwise from the Commission, we're going to move
along to item #3, I guess, right?
Mr. Percy: We haven't voted on 2(a).
Mr. Plummer: Any of 2.
Mayor Ferre: All right, is there anybody else who wishes to speak on 2(a)
127 MAY 2 7 1982
0
Ms. Cooper: This would be in 2(b) that I'm talking about.
Mayor Ferre: We're talking about 2(a), is there anybody who wishes to speak
on Item 2(a) on second hearing? All right, Commissioner Plummer, you moved
it last time, do you want to move it again? Dawkins, do you want to second
it again?
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI,
BY AMENDING ARTICLE III - ZONING DISTRICTS, SECTION 1-
CLASSES AND SYMBOLS, BY ADDING "SPD-5 HERITAGE CONSERVA-
TION: RESIDENTIAL - OFFICE SPECIAL OVERLAY DISTRICT"
AFTER "SPD-4 DESIGN PLAZA OVERLAY DISTRICT;" AND BY MAK-
ING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP
MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND
DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY RE-
PEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF
IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of April 22, 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 Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9422..
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.
41. SECOND READING ORDINANCE: ADD NEW ARTICLE XX1-7 "SPD-5
HERITAGE CONSERVATION: RESIDENTIAL OFFICE SPECIAL OVERLAY
DISTRICT", PROVIDING FOR INTEITT, USE REGULATIONS, ETC.
Mayor Ferre: Take up 2(b), any amendments or any motions on that?
Mr. Plummer: Well, let's talk about the points she makes. Am I understanding
you, Janet, to say that what you want is tantamount to a public hearing?
Ms. Cooper: Mr. Commissioner, public hearings are already required. It says
the Urban Development Review Board shall hold a public hearing and all I'm
saying is that in order to have a public hearing you must have adequate pub-
lic notice.
Mr. Plummer: No, I'm talking about to the commercial aspect of it.
Ms. Meyers; No.
Mr. Plummer; What is going to happen there?
Ms. Meyers: Commissioner, that is being permitted by virtue of your approving
this today, permitting the commercial use. The public hearing that Janet is
asking for the notice on is only site plan approval of that project.
Mr. Plummer: Isn't it really the same thing? If you deny the site plan, you
have, in fact, you know.... Hey look, here is, I think, the danger as I see
it, and I'm sorry I've got to use your Warner Building. But it is a big build-
ing. Okay? Nowhere contained in these ordinances or proposals is there a
minimum square footage of office space. Is there? Minimum square footage.
128 MAY 2 7 1982
Ms. Meyers: The only area permitted for offices within the existing build-
ing....
Mr. Plummer: I understand that. But she is the proud posessor of a big
big building or what used to be a residence. Okay? I think that the
danger that I see is that that exists in an R-1 or a residential district,
it is a residential. Okay? Now, what is to stop them from chopping that
up instead of like two one client per floor, chopping it up into 30 cubicles?
There is no minimum square footage and God knows that 30 cubicles are going
to generate a lot more problems than two tenants.
Mayor Ferre: What is your motion?
Mr. Plummer: Well, I don't know, I'm trying to find an equitable solution
in between. .
Ms. Cooper: Aren't you saying, Commissioner, that if you give public notice
to the people adequate so that they really know what is happening they can
come out and protect their own interest? You have to remember we're not
only talking about the two properties that were before you today, we're talk-
ing about any other property that may fall under the ordinance in the future.
Mayor Ferre: I'm with Janet on this, so let's move. Does anybody have any
objections to this? In other words we've got to spruce up this whole question
of public notification.
Mr. Gary: Who will bear the cost?
Mr. Plummer: well, it is already said the owner is going to bare the cost,
the applicant. They're benefitting, the City is benefitting but the appli-
cant is really going to benefit so they should pay the cost.
Mayor Ferre: Well, now give me an alternate now, in other words come up with
a solution.
Mr. Plummer: Yes, rob a bank.
Ms. Meyers: I have two concerns about this: (1) We're trying to promote
Historic Preservation and I would have to see any undue fees or penalties
placed on property owners who are trying to do what the City is trying to
do.
Mayor Ferre: But she is talking about something which is essential.
Ms. Meyers: The other point I wish to make is that the Planning Department
only intends to apply this district where it is adjacent to an existing
commercial district. We do not feel it is proper to insert office uses in
the middle of a residential area and we think that there is more than adequate
justification for an office use in a house adjacent to the RC-B and the
the R-5 high-rise district.
Mayor Ferre: Now talk to the issue. The issue is proper notification, is
that right, Janet?
Ms. Cooper: That's the issue, as you can see on this particular property,
on three sides immediately adjacent there is residential and it's only
across a major street that you've got commercial. So when you're talking
about inserting a commercial use into a residential district.....
Mr. Plummer: Where is Mr. Perez? What is the normal cost involved of the
hearing and you know, the mailing out of 375 feet out, the newspapers and
all of that? What do you estimate that cost on a normal application?
Mr. Perez-Lugones: On a normal application that probably will be in excess
of $400 depending on how many papers we publish.....
Mr. Plummer: One newspaper ad is more than $400.
Mr. Perez-Lugones: It depends -on the.... I mean we're talking about one
newspaper ad, now mailing is what concerns......
Mr. Plummer: What about the people in your office that have to type up
all the applications?
Mr. Perez-Lugones: Oh, well, you're talking in excess of $400 or $500
there. V9 MAY 2 71982
Mr. Plummer: Well, who is the fairy god -mother who is going to pay it?
Mayor Ferre: Well, one way or the other let's go.
Mr. Perez-Lugones: Well, in the case of, for example, in this vicinity
you have condominiums, sometimes we mail in excess of 1,200 - 1,400 letters.
Mr. Plummer: Exactly, that's a cost, that's a real cost.
Mr. Mc Manus: Commissioner Plummer, if the Commission understands that we
are then talking about a minimum fee in this instance of $400 I have no
objection.
Mr. Plummer: No, sir, I'm not talking about a minimum fee. I think the
applicant who is going to benefit from that hearing is the one who should
shoulder the cost. They are going to be the recipients.
Mayor Ferre: Look, the issue is we've got to notify people that we're going
to do this and I think that's fair. Now the question is who pays for it.
Mr. Mc Manus: Mr. Mayor, I have no objection to Ms. Cooper's amendments
provided the Commission understands we're now talking about a minimum fee
of $400.
Mr. Plummer: Minimum fee, I'll buy that.
Mayor Ferre: How about $300?
Mr. Plummer: No, a minimum fee, Mr. Mayor.
Mayor Ferre: Of $300.
Mr. Gary: Up to the cost.
Mr. Plummer: Up to the costs involved, that's all.
Mayor Ferre: But there may be less so why not say a minimum of $300 and a
maximum of $500?
Mr. Plummer: No, I'm not going with a maximum, if that thing costs you
$3,000 - $4,000 to put together, huh-uh. It's only fair.
Mayor Ferre: Okay, Plummer, I'll buy it.
Mr. Plummer: Make it a minimum of $200, I don't care what you make the
minimum.
Mr. Perez-Lugones: Let me state this, Mr. Mayor, if you get into a high
density area and you have three deferrals we have to notify three times.
You're talking about 3,000 or 4,000 letters.
Mr. Plummer: Exactly.
Mayor Ferre: All right, a minimum of $250 up to whatever it costs.
Mr. Plummer: Fine, right. That's all.
Mayor Ferre: Okay?
Mr. Plummer: No, it's not going to discourage development, it is going to
draw out your amortization a little bit longer.
Mayor Ferre: It is a question of public notice and people knowing what is
going on. Plummer, is that agreeable to you then?
Mr. Plummer: It is to me, yes.
Mayor Ferre: All right, well make the motion then so we can move along.
Mr. Plummer: Subject to that, I move 2(b). $250 minimum....
Mr. Dawkins: I second it.
Mayor Ferre: Dawkins seconds, further discussion?
130
MAY
2 719on
"
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI By
ADDING A NEW ARTICLE XXI-7 HISTORIC CONSERVATION: RESIDEN-
TIAL -OFFICE SPECIAL OVERLAY DISTRICT (SPD-5); PROVIDING FOR
INTENT, PRESERVATION OF HISTORIC STRUCTURES, EFFECT OF THE
SPECIAL OVERLAY DISTRICT, CRITERIA, USE REGULATIONS, LIMI-
TATIONS ON USESr AREA, YARDS, HEIGHT, LOT COVERAGE, LAND-
SCAPING FLOOR AREA RATIOS, OFF-STREET PARKING, AND SITE AND
DEVELOPMENT APPROVAL; BY REPEALING ALL ORDINANCES, CODE
SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A
SEVERABILITY CLAUSE.
Passed qn its first reading by title at the meeting of April 22, 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 Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo.
THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 9423.
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.
41.1 BRIEF DISCUSSION ITEM IN CONNECTION WITH THE APPROPRIATE
PLACING OF PUBLIC NOTICES IN CCNNECTION WITH ZONING
MATTEF.S .
Mr. Plummer: Let me, while we're on public notice, Mr. Mayor, Mr. Whipple,
Mr. Mc Manus, you're head of the Department. Mr. Mc Manus, I think we're
kidding ourselves on this public notice when we put out a sign. I noticed
some of your people yesterday on 17th Avenue. They were putting out a sign
that used to go up on a piece like a "For Sale" sign. They were attaching
that notice to a telephone pole, I think it overlapped itself. What I'm trying
to say to you, you're kidding yourself if anybody could read that sign wrapped
around a telephone pole and your people were putting it out. I think you've
got to go back if you're going to be honest with notification to the "For
Sale" kind of sign.
42. 2ND READING ORDINANCE: APPLY SPD-5 HERITAGE CONSERVATION:
RESIDENTIAL - OFFICE SPECIAL OVERLAY DISTRICT TO "PETIT DUOY
(1500 BRICRELL AVENUE) AND THE "WARPIER HOUSE" (AT 111 S.W. 5
AVE ME) .
Mayor Ferret We're now on Item 2(c). Is there any objectors to Item 2(c)?
Anybody want to talk on 2(c)? If not, Plummer, do you want to move it again?
Mr. Plummer; Move it.
Mayor Ferro: Dawkins, do you want to second? A11 right, further discussion?
Read the ordinance.
131 Y 2 1982
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY
APPLYING ARTICLE XXI-7 HERITAGE CONSERVATION: RESIDENTIAL -
OFFICE SPECIAL OVERLAY DISTRICT TO THE FOLLOWING PROPERTIES: _
1) PETIT DUOY - 1500 BRICKELL AVENUE, LOTS 41 AND 42, BLOCK
55, BRICKELL'S FLAGLER (5-44); 2) WARNER HOUSE, Ill SOUTHWEST
STH AVENUE, LOTS 8 AND 9, BLOCK 18, MIAMI SOUTH (B-41), AND
INCORPORATING BY ATTACHMENT DESIGNATION REPORTS AND CRITERIA;
AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT
MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND
DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; AND BY RE-
PEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN
CONFLICT AND CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of April 22, 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 Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo.
ON ROLL CALL:
Mr. Plummer: Realizing that all applications are subject to Impact Fees, I
vote yes.
sl SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9424
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.
43. APPROVE PROPOSED CHANGES TO R.F.P.'s re: LEASING OF LAND AT
VIRGINIA KEY, SUBJECT TO APPROVAL BY LAW DEPARTMENT AND STIPU-
LATING MINIMUM ACCEPTABLE BID.
THEREUPON, the Chair TEMPORARILY ADJOURNED THE
Planning and Zonning PORTION OF THE AGENDA, AND PROCEEDED TO
TAKE UP ITEMS BELONGING TO THE Regular PORTION OF THE
AGENDA.
Mayor Ferre: We're now on item 32. Mr. Book has to catch a plane to Detroit,
Item 32, quickly, Mr. Book so that you can catch your plane.
Mr. Ron Book: In four minutes or less. We received today from Mr. Grimm the
copy of the proposed R.F.P. for the property on Virginia Key. First of all,
I would just like to say that obviously our biggest concern is the timing of
this issue. The Assistant City Attorney and I met. We talked about the issue
as to whether or not it needed to go to bids rather than take a chance ca
somebody coming in and filing a law suit to nullify the lease because of some
technicality. We agree with him that it is much safer to go ahead and bid on
the property. There is just no sense in taking a chance and having us come
back here in six months. We don't necessarily agree with the appraisal that
has been attached to the R.F.P., but obviously that will be addressed in the
bids. There are some changes in the proposed draft that we would like to
suggest that would make it more palatable for people to bid. First of all,
on page 4 of the proposed R.F.P., under use and location, it says for a
1.32
MAY 2 7 1982
Mr. Book (CON'T): no guyed -line wire tower. We've talked to Mr. Grimm and
originally this was a recommendation that was made after consultation
with the City's Communication staff. I think that Mr. Grimm is of the
opinion now that a guyed wire tower would also be perfectly safe. The _
concern that we have, if you go with a free standing tower is first of
all, we talked to the people where we would be getting our supplies from _
today and it would take us 18 to 19 months to get the base support materials _
to build a free standing tower. That is the quickest we could get the
materials, so that in and of itself is the main issue at this point, again
going back to timing. Secondly, the cost factor involved in building a free
standing vs. a guy wire tower is about eight times more for the free
standing as opposed to the guyed wire. And thirdly, the safety factor: -
very rarely do you see the guyed wier towers go down. By and large when
towers go down, it's of the free standing nature as opposed to the guyed
wire variety. On page 5, at the top of the page, the following will be
provided to the City by Lessee at no cost to the City. Number one is
the 400 square feet of transmitter building space. We would rather not
have that in the proposed R.F.P. What we would rather it say, if it has
to be addressed to the R.F.P. is that it be left as a reasonable amount
of space as is necessary to house the equipment for the City's use of
communication purposes. The reason is that Mr. Grimm's staff is not sure
that it will be 400 feet or 800 feet. Rather than tie into a figure, we
would just as soon leave it broad enough to say that we will provide them
with a sufficient amount of space to house whatever transmission type
equipment is necessary for the City's Fire and Police and Marine Patrol, and
D.O.T. What we would not like to do is say that we will expand that space
if other public uses are necessary in the future, unless it's at someone
else's cost. On down from there, we would like to see in the park....
Mayor Ferre: Wait, wait! You are rattling on things... that you want this
and you want that, this and that. Is anybody paying attention to any of
all these things?
Mr. Vince Grimm: I am.
Mayor Ferre: Are you going to answer them?
Mr. Grimm: Yes.
Mayor Ferre: Do you agree with all these things he is asking for?
Mr. Grimm: So far.
Mayor Ferre: Continue.
Mr. Book: Underneath that section is the part dealing with the satellite
antennas. Since there is a posibility that there will be nobody bidding,
no one to bid to put the dishes on the property since Mr. Gould has now
withdrawn his desire to locate on this property, we think that it might
be more appropriate instead of it reading that the Lessee will provide,
the City would... the listed things below that, but it be the sublessee.
The reason is that there may be an occasion in a year, five years down
the way where somebody comes in and decides that they want to put dishes
there and wants to sublease from us with City approval and that should be
the responsibility of that sublessee.
Mayor Ferre: That's fine as long as we get more money.
Mr. Book: Absolutely!
Mr. Plummer: Well, no, no! I have a problem. Why should you get any money
out of that at all?
Mr. Book: Well, if it is our main lease and we're subing, what we would
like to do is work an arrangement in the lease agreement....
Mr. Plummer: I'm sure you would.
Mayor Ferre: In other words, the point is: Hey! Don't try to kill too
many birds with one stone. Plummer is right. What he is saying is you are
in this thing to get a radio tower. Stop trying to make money off of the
City.
al
133
MAY 2 7 1982
W V
Mr. Book: I don't want to make any money from the City.
Mayor Ferre: The tax payers are not going to like that, so whatever leases
we get, the money comes to the City of Miami, period.
Mr. Book: That's fine. But it should be at their cost as opposed to the
lessee's cost, because we would be the main lessee....
Mr. Plummer: Sure.
Mr. Dawkins: We'll be the lessee; it'll be at their cost.
Mr. Book: O.K. All right, we did have a concern dealing on down from there:
"....the successful bidder will be expected to maintain and keep all facilities
including access roads." Mr. Grimm and I have talked about that. We concur
that it ought to be our responsibility to maintain those access roads.
But below that where it starts talking about other governmental agencies
that might want to go up on the tower, what we would like to change that to
is that it be co -approval by the City and the tower owners as opposed to
just being City approval. That was put in specifically to speak to Mr.....
Mr. Plummer: You had better go the City Attorney on that one, because the
one thing that we're having to demonstrate here is public use.
Mr. Grimm: The technical problem with that, as I understand it, is that
any electrical condition placed on that tower that's not placed on there
simultaneously changes the interference of all the facilities that exist.
Any subsequent installation will require adjustments to each of those.
What he is saying in essence is that if you add something for your benefit
and we have to adjust our electrical conditions, or whatever they are, that
we should not have to pay for that. Now, that's the key to what he's saying,
I think.
Mr. Gary: That he shouldn't have to pay for it?
Mr. Grimm: That's right. Because it's something that we're doing. Let's
suppose we're doing it... three years from now the highway patrol decides
they want to put a facility there. We say: "O.K., yes, go out and do it."
Mr. Book is saying that his company shouldn't have to pay for that addition.
That sounds reasonable.
Mr. Book: We don't mind giving the space and not charging. But we shouldn't
have to pay to make those improvements and those changes unless they are
made on the front end when we put the tower up originally. There is a
tremendous amount of cost that are associated with those type changes
after the tower is originally up.
Mr. Carollo: Mr. Book, that's reasonable. Mr. Mayor, are we in agreement
in this?
Mayor Ferre: I tell you....
Mr. Dawkins: I have a problem. There is just too much for me to consume.
That's the only problem I have.
Mr. Carollo: The only thing that I am concerned about is that if we don't
move on this now and place the ads in the paper and move along, we're not
going to have enough time to put it out.
Mayor Ferre: O.K., I'm ready to go but I only have... I want to make...
I only have two basic conditions. One is, we have this appraisal of $62,000
Mr. Carollo: What was the appraisal?
Mayor Ferre: $62,000 a year.
Mr. Carollo: $62,000 a year?
Mayor Ferre: Yes, and I want to make sure that we get a minimum of $60,000
or something, so that....
sl
i MAY 2 71992
Mr. Plummer: What was the appraisal?
Mayor Ferre: $62,000.
Mr. Carollo: A year.
Mr. Book: Mr. Mayor, if I could just make a point. We have talked to some
appraisers who have gone out and have taken a look at the property. Our
appraisers indicate that the figure that Mr. Quinlevan gives is correct if
it is purchase of the property....
Mayor Ferre: Yes, but I think....
Mr. Book: ....and it's in line with that figure, but the problem is we're
not buying the property. We're leasing it.
Mr. Carollo: How many years have we talked about? 25 years?
Mr. Plummer: You're doing better. You have no taxes involved.
Mr. Gary: That doesn't matter, because someone could come in and offer....
Mayor Ferre: Let me tell you something, I would like to buy or lease all
of the land that I could in Virginia Key based on an appraisal of $4.00 per
square foot. I couldn't believe that Quinlevan had put such a low figure!
I couldn't believe that!
Mr. Book: It's a dump.
Mayor Ferre: Well, then, what do you want it for?
Mr. Book: Just to put a little tower on it.
Mayor Ferre: Well, I tell you. As far as I'm concerned, we are talking
about a minimum of $60,000, which is the appraisal and a cost of living
attached to it. That's it. It's from there up.
Mr. Gary: But the bid may come in higher.
Mr. Plummer: Yes, there is nothing to prohibit the bid from coming in higher
of minimum guarantee.
Mayor Ferre: I didn't say higher, I said I did not want... that's the floor,
not the ceiling.
Mr. Dawkins: Base.
Mayor Ferre: In other words., no bids unless there is $60,000 a year, and
that's $5,000 a month, or higher, with a cost of living index attached to it.
Mr. Carollo: So his appraisal based on 25 years comes to $1,550,000.
Mayor Ferre: If the land is worth $4, I'm sure it will be worth $40 in
another five or ten years....
Mr. Carollo: Were we able to work out any new arrangements insofar as
putting it closer to the mangroves so that we wouldn't use up as much space?
Mr. Grimm: One of the admonitions we, have Commissioner. is to stay away from
the mangroves. You have to realize that if this is a cable supported tower,
you may visualize just a cable being in the mangroves; but I don't know of
any way of building the support for the cable. This is going to have to
be a pile supported structure with, probably massive concrete blocks; and
you don't build that in the mangroves without building a road to it. So,
my initial impression is we are going to have to stay entirely on existing
land.
Mr. Carollo: All right, O.K.
Mr. Plummer: But it's cable -free, right?
sl 135
MAY 2 71982
f r
a
Mr. Grimm: No, sir. The initial information I had was that a cable -supported
tower would oscilate too much and make transmission by our micro dishes not
practical. I was told this afternoon at noon that a free standing tower was
not necessary; and that if space was reserved where the cables connected to
the tower, that the tower at that point would be stable enough for a micro
wave type transmition. So far, I just have to accept that.
I would like to say something. I can understand the urgency by Mr. Book.
But this is a very important decision for you. You are establishing a precedent
here, which says that if someone can prove a public purpose, that Virginia
Key can be leased. So you can't stop what you are doing at just radio towers.
Any public purpose could then come back to you and say I'd like to lease two
or three acres. Also this particular agreement is limited to a three -
acre square because at the time it was written we were talking about a
free standing tower. We are now talking about geometry which may look like
a V-shaped piece of property....
Mayor Ferre: No, wait, wait, wait! I thought it was a three -acre piece.
Mr. Grimm: Well, it is, Mr. Mayor, but it's three acres plus two easements.
The tower cables are going... well, not the way I designed it. I fooled with
it over here when you weren't looking... could require an additional 400 feet
extension beyond the tower so that the cables could come back to the ground.
So we have to work out. -some kind of an easement for that purpose.
There are a lot of things in this proposal that the staff has not even
had a chance to review. I didn't finish writing it until 4:00 o'clock yesterday
afternoon; and what I know about radio you could write on the head of a pin.
So I certainly would like to have enough time to send this through our Law
Department and through our Communications, Fire and Police Departments to
make sure that their needs are covered.
Mayor Ferre: I think we could do a conditional on all that.
Mr. Grimm: Oh, I have no problem with you approving this in principle, but
don't put it on a reasonable deadline.
Mayor Ferre: O.K., I think that's fair.
Mr. Book: Mr. Mayor, there are just a couple of things that I'd like to add.
I know that Mr. Grimm would like to spell everything out on the R.F.P., but
a lot of the issues that he wants to deal with in the R.F.P., I think can
be dealt with in the lease in negotiations with the Manager and the City
Attorney staff. Again, our concern is time. I don't want to put unnecessary
burdens on Mr. Grimm, or his staff, but time is of the essence. I would say
that a lot of the issues that he wants us to address, if we can't resolve them
to advertise this as quickly as possible, we can deal with them in the lease.
Mr. Grimm: One caution about that, if you remember correctly. We had problems
on Watson Island because we said that the R.F.P. was varied from what we
what we finally wound up in the lease.
Mr. Book: I know.
Mayor Ferre: That's right.
Mr. Plummer: How would you like to put the tower on Watson Island?
Mr. Book: I don't think the Mayor would like me to do that.
Mayor Ferre: Oh, I have no objections. You could go on top of the roller
coaster. Getting back to....
Mr. Book: I'm for Watson Island. I don't think it would be appropriate
at Watson Island.
Mayor Ferre: I think that we ought to move along, and I think that this is
good. I have no objections to it. I think that we are stuck with that
appraisal, and I cannot vote -for anything under that, so I mean....
Mr. Book: Would it be off -set by percentages used by the municipalities
and by the other governmental entities? Excuse me... Mr. Margolis would
just like to....
sl 136
MAY 2 71992
i
sl
Mr. Alan Margolis: I'm Alan Margolis, with W.M.B.M. You are giving us,
and we appreciate very much, in fact, you are letting us have a tower
both stations desperately needed. But I think the figure you are talking
about is totally out of reason with other towers in other sites.
Mayor Ferre: Alan, you you know, I....
Mr. Margolis: Let me finish, please. We are only using it for one specific
use. We are using it to transmit a signal, which in a sense is public
interest by our definition; we couldn't broadcast otherwise. Secondly,
you're limiting it in that we are only using 49%, you are using 51%.
So even if that figure was correct, we are only using half of it, plus
when you're using it, we're paying for the construction. We are building
the tower. We're not saying you pay 51%, we pay 49%. We're paying the
whole thing. We're maintaining the road. We'll take care of all the
other things, and the City is getting it free.
Mayor Ferre: Alan, don't look at me, look at them. I've already made
MY statement.
Mr. Margolis: You're my mayor.
Mayor Ferre: Yes, don't you keep looking at me as if you know... I'd like
to help you, I really would, because I....
Mr. Margolis: It just wouldn't be feasible at that point, it remains
when I have the ordinance.
Mayor Ferre: See, the point that I'm trying to make to you is that I
didn't make that appraisal. But how in the world....
Mr. Plummer: You just think it's low.
Mayor Ferre: How in the world could I vote for something and say that we
are going to accept less than what the property is appraised for? Then
all of those lies that the Miami Herald writes about the City Commission
giving away property would be given credence. I'm not going to....
Mr. Margolis: I'm agreeing with you, but I'm saying we're only using 49%
of that appraisal.
Mr. Plummer: Yes, but in effect what you are doing, Mr. Margolis, is you
in fact tying up that amount of property.
Mr. Gary: Mr. Mayor, I have a solution.
Mr. Margolis: For our use, and the City's use, and the Police's use, and
all the other uses.
Mayor Ferre: Wait, wait, wait! We may have a solution here. Howard,
see if you can find a solution.
Mr. Gary: I have a solution. I'd like to give Mr. Margolis a choice.
We can postpone our needs for another two or three years and build our
own tower, or he can accept the tower that we build now because we can
use the services now.
Mr. Margolis: Could we then rent space on your tower, sir?
Mr. Gary: Yes, sir.
Mr. Margolis: I'd love that.
Mr. Gary: on my rate.
-Mr. Margolis: But we need it now, seriously. We do need it now and K.A.T.
also needs it now. Both stations, if you are familiar with what.is going
on in radio are really in trouble right now.
137 MAY 1982
2?
61
Mr. Gary: You have the State Law, then you have to go with the $60,000.
Mr. Margolis: Mr. Mayor, Commissioners, what I can say to you is that I
don't know who else is going to bid on this particular piece of property.
We intend to come in with a very honest, good faith bid based on appraisals
that we have done. We're not trying to take advantage of the City. We
don't want to take advantage. We have no intention of taking advantage.
I think what would be fair is to not put a dollar amount in the R.F.P.
Mayor Ferre: We have to. We're stuck legally by it. Mr. Knox, tell him
what the law is.
Mr. Knox: Florida statutes respecting the lease of publicly owned properties
requires: number one, an appaisal, and then it requires competitive bids
with the appraisal value established as a floor.
Mayor Ferre: That's the law.
Mr. Margolis: Isn't that just on the purchase of property, or does that
include lease also?
MAY 2 71982
. A.
A& ss
Mr. Knox: It does include leases also.
Mr. Dawkinse Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Dawkins: I have been here since 9:00 o'clock this morning and it looks
like I am going to be here until 9:00 o'clock tonight, I hope., but we haven't
done too much. I move that we accept this proposal with the staff's recommen-
dation and that we go on with it.
Mr. Plummer: I will second the motion, but I would like one thing incorporated,
Mr. Grimm, and that is that in no way, shape or form, is anything placed on
that piece of property, that is in direct conflict with the cable franchise.
Mr. Dawkins: I will accept that amendment.
Mayor Ferre: Okay, and then the minimum rate is...
Mr. Grimm: Sixty-two, or whatever that number is.
Mayor Ferre: Whatever the appraisal is.
Mr. Carollo: Sir.
Mayor Ferre: Okay, and a cost of living.
Mr. Plummer: Increase.
Mr. Carollo: George.
Mr. Grimm: Now, one other thing I want to call to your attention. As it
presently stands, Hollywell is out of the picture.
Mayor Ferre: Who is?
Mr. Grimm: Hollywell. He is out of the picture. If they should come back
in some subsequent time, it is my opinion that that would be a seperate lease,
and not part of this at all.
Mr. Dawkins: Or if anybody else overbids, then they would lose too, We
think no one else will bid, but there may be other bids.
Mayor Ferre: Do we have a right to put something else on these three acres?
Mr. Grimm: Yes, we have a right to put anything on it that we choose.
Mayor Ferre: Wait a minute, then I think fair is fair. If we get somebody
else to come in, and use that, if the value of that land is $62,000 a year,
and there is a third station that comes in and pays for part of it, I don't
think we should burden these two stations on that.
Mr. Grimm: You are talking now if we use the same piece of property, and
that is kind of why I said what I said. Not the Highway Patrol, not the
Marine Patrol, or not any other government entity now, which would be part
of our 51%.
Mayor Ferre: No, I understand.
Mr. Carollo: Mr, Mayor, I will tell you. I would rather make a substitute
motion, if we table this matter for later, because I think it is getting more
complicated than we all thought it was, and I want to think things out.
FM
W
Id
1639
MAY 2 71982
Mayor Ferre: There is a motion, you want it tabled? You insist on table?
Mr. Book: I would prefer to go ahead and move forward with advertising.
What I am saying to you is, that there are some things that we can leave to
deal with lease, if we leave the R.F.P. broad enough, we can take them up
in the lease. For example, the cost of living increase, I think we can put
in the lease. I don't think we have an objection to that, and I understand
your point as it relates to other people coming in and using the tower and
sharing the cost of it....
Mayor Ferre: Sure.
Mr. Book:..=.and...
Mayor Ferre: If Gould all of a sudden wants to come back in, and he is able
to pay $20,000 or $30,000 a year, or whatever it is, and we accept that, I
don't see any reason why you should continue...
Mr. Carollo: Yes, plus some money up front for Noguchi Park, or Bayfront
Park.
Mayor Ferre: But, you know, as you have noticed, Gould is very flexible,
you know. He got off of it like that! You said the "boo" and he is on,
you know? So, he is a very independent guy.
Mayor Ferre: Joe, you...
Mr. Carollo: Okay, I will back off.
Mayor Ferre: Okay. We have a motion now, who moved it, Plummer?
Mr. Dawkins: It was me that moved it. Plummer seconded it.
Mr. Knox: Mr. Mayor, Mr. Plummer isn't here, but the Law Department does
_ have a concern about the suggestion by Mr. Plummer that the assurances that
our cable T.V. licensee wouldn't be interfered with, and you are all aware
of the Boulder decision and anti-trust consideration.
Mayor Ferre: The Boulder anti-trust decision makes that a a moot point, and
I think when... Plummer... well, we are going to have to get him in here.
Mr. Carollo: See now, my biggest problem is, at the same time that I want
to get the best fire surveillance for that land, we are dealing with radio
stations that serve a public purpose and I just don't see how any radio station
can afford to pay that amount of money, and on top of that, 51% of the use is
going to us and our people, so that leaves a big question mark in my mind,
but...
Mayor Ferre: Look, if you want to table it...
Mr. Carollo:. Well, no Maurice, I think the only way we can go is the way we
are going now, to see how we can work it out along the way.
Mr. Book: Without putting the dollar...what I can say to you is, that we
are going to get some more legitimate appraisals. Leave the amount out of...
Mr. Dawkins: Hold it. Are you suggesting that the appraisal we got is
illegit?
Mr. Book: I think that it was based on a purchase as opposed to a lease,
is my concern.
Mr. Dawkins: No, no, no. You didn't answer my question. Are you suggesting
that the proposal that we Rot. for instance. was illegit?
Mr. Book: No. what we are saying though. is why not let us make the bid?
If it is not high enough, don't accept it, but don't put it in to lock us
into that point right now.
Mr. Dawkins: We are going to lock you into the basic figure.
Id
MAY 2 7 Igon
or.
Mayor Ferre: Ronnie, the motion...
Mr. Dawkins: We are going to have to lock you into the basic figure, it is
just that simple.
Mayor Ferre: The motion has been made and seconded, and unless I hear anything
else, I am going to call the roll.
Mr. Book: Could I just...a point of information. If you remember, a year
ago, when we were here on the Forensic Hospital, and we had those three bids
on the parcels of property that we were talking about buying from the City,
there were bids that were four, five and six hundred thousand dollars apart.
We had to throw them out. We had to go back and get new ones. What I would
say is, if we could say that we could go out and get two more appraisals,
and then match those on the amount, that that would be the bottom figure.
Mr. Dawkins: Okay. The only thing I am saying to you is. Ever since I have
been in the City of Miami, the City of Miami comes up with the short end of
the stick, and I am practicing now with you to insure that when Joe•Robbie
comes before us, he will have no fear in my not being able to let him know
that everybody who gets anything from the City of Miami is going to pay what
this Commission feels is a fair :;hare. It is just that simple!
Mayor Ferre: Now, we have a motion and a second. The motion states that the
minimum price that you pay is that of the appraisal, which is $62,000, what-
ever it is, and that is what I am voting on. Are you ready to go? Call
the roll.
The following motion was introduced by Commissioner Dawkins, who moved its
adoption.
MOTION NO. 82-468
A MOTION OF THE CITY COMMISSION APPROVING IN PRINCIPLE
PROPOSED CHANGES TO THE RFP'S WHICH ARE TO GO OUT IN
CONNECTION WITH THE PROPOSED LEASING AND UTILIZATION OF
APPROXIMATELY THREE ACRES OF LAND IN VIRGINIA KEY, AS
DISCUSSED BEFORE THE COMMISSION ON THIS SAME DATE AND AS
RECOMMENDED BY THE CITY MANAGER; FURTHER STIPULATING THAT
APPROVAL IS CONDITIONAL UPON THE LAW DEPARTMENT REVIEWING
THE PROPOSED CHANGES AND FINDING THAT THERE IS NO LEGAL
CONFLICT INVOLVED; AND FURTHER STIPULATING THAT THE MINIMUM
ACCEPTABLE BID SHALL BE $62,000 PLUS A COST -OF -LIVING INDEX
ATTACHED THERETO, AS RECOMMENDED BY THE CITY'S APPRAISER.
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 J. L. Plummer, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
Mr. Book: Thank you.
Mayor Ferre: All right.
Mr. Book: When will they come back with those to be awarded?
Mayor Ferre: I don't know. When will they come back?
Mr. Book: Can we get a time certain? The next meeting or...
ld
141
MAY 2 7 t 982
0
Mr. Grimm: I'd like at elast three weeks in order to finish the draft of the
proposal, Mr. Mayor. We will try our best to be ready for the 24th of June.
Mayor Ferre: Okay.
Mr. Book: To award on the 24th?
Mr. Grimm: We will try our best for that.
Mr. Book: Okay, thank you.
44. GRANT ONE-YEAR EXTENSION OF VAP.IANCES ON REQUIRED SIDE AND REAR
YAP.D SETBACK AT 315-317 N. W. 43RD AVENUE, AS REQUIRED BY MR.
AND MRS. R. TEDONE.
Mayor Ferre: All right, we are now on Item Number 11, which is an application
by Robert and Gisela Tedone for a one year extension on variance. Tell us why
you haven't built on this variance?
Mr. Robert Tedone: Yes, sir. My name is Robert Tedone. I live at 317 N. W.
43rd Avenue, and basically it has been various financial difficulties and the
main one was a new roof.
Mayor Ferre: Okay, any further questions of Mr. Tedone? The Department recom-
mends and the Zoning Board granted it. Is there a motion?
Mr. Carollo: What?
Mayor Ferre: 11, continuation of a variance for one year.
Mr. Carollo: Moved.
Mayor Ferre: Moved by Carollo. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Second by Demetrio Perez. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-469
A RESOLUTION GRANTING A ONE YEAR EXTENSION OF A VARIANCE
AS LISTED IN ORDINANCE NO. 6871, ARTICLE VII, SECTION 3(2)(a)
(3-009 TO PERMIT AN ADDITION TO AN EXISTING DUPLEX STRUCTURE
on S60' OF LOTS 16 AND 17; BLOCK 2; GOLF COURSE GARDENS (39-7);
BEING 315-317 NORTHWEST 43RD AVENUE AS PER SITE PLAN ON FILE,
WITH A SIDE YARD OF 4.85' (6' REQUIRED), AND A REAR YARD OF 10'
(20' REQUIRED); ZONED R-2 (TWO' FAMILY DWELLING)
(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 J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
142 MAY 2 719$2
45. ADD "SPD-6" COCONUT GROVE RAPID TRANSIT DISTRICT AFTER 11SPD-5"
TO ARTICLE III; ADD NEW "ARTICLE XXI-7 COCONUT GROVE RAPID
TRANSIT DISTRICT (SPD-6)", FURTHER PROVIDING FOR INTENT, ETC.
Mayor Ferre: All right now, unless I hear anybody with an emergency, we
are going to...go aheadl
Mr. Robert Traurig: Mr. Mayor, on Item Number 28, the nature of the emergency
is that as the vice-president of the Chamber of Commerce, there is a dinner at
7:00 o'clock and...
Mayor Ferre: You have got to go. Yes. I will accept that only on one condi-
tion, and that is you per to Hood Bassett, and if you can't publically
extend my apologies for not being there, because I am going to be stuck here.
Mr. Robert Traurig: I will personally do that. On Item 28, Mr. Mayor, since
it is non -controversial and it is first reading on zoning ordinance being
proposed by the Planning Department, we urge that you consider that at this
time.
Mayor Ferre: All right, we are on Item Number 28.
Mr. Plummer: Bob, you have never known what a non -controversial item is.
Mayor Ferre: The Planning Department recommended approval. The Advisory Board
recommended it unanimous. It was 7 to 0. Are their any objectors? This is on
first reading. Is there a motion?
Mr. Plummer: Move on first reading.
Mayor Ferre: All right, Plummer moves. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Perez seconds. Further discussion? All right, read the ordi-
nance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
AS AMENDED, THE COMPREHENSIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI, BY
AMENDING ARTICLE III —ZONING DISTRICTS,
SECTION I —CLASSES AND SYMBOLS, BY ADDING
"SPD-6 COCONUT GROVE RAPID TRANSIT DIS—
TRICT AFTER "SPD-5 HERITAGE CONSERVATION:
RESIDENTIAL —OFFICE SPECIAL OVERLAY DIS—
TRICT": AND BY ADDING A NEW ARTICLE XXI-8:
COCONUT. GROVE RAPID TRANSIT DISTRICT
1SPD-6); PROVIDING FOR INTENT, USE REGU—
LATIONS, LIMITATIONS ON USES, FLOOR AREA
RATIO, YARDS, HEIGHT, MINIMUM FLOOR AREA,
USABLE OPEN SPACE, PARKING, LANDSCAPING,
AND SITE AND DEVELOPMENT PLAN APPROVAL;
BY MAKING ALL THE NECESSARY CHANGES IN
THE ZONING DISTRICT MAP MADE A PART OF
SAID ORDINANCE NO. 68711 BY REFERENCE AND
DESCRIPTION IN ARTICLE III, SECTION 2,
THEREOF; BY REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CON—
FLICT AND CONTAINING A SEVERABILITY
CLAUSE.
143 MAY 2 7 So&
M
C
Was introduced by Commissioner Plummer and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre.
NOES: None
ABSENT: None
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the members of the public.
Mayor Ferre: Does that cover it?
Mr. Traurig: Thank you, and I will say hello to Hood. will tell him.
Mayor Ferre: All right, thank you. Does that cover the issue you were here
on? That is it, right?
46. CONTINUE TO GRANT, AFTER REVIEW, CONDITIONAL USE TO PERMIT
DRIVE-IN TELLER FACILITY AT 100 N. W. 12TH AVENUE, SUBJECT TO
SIX-MONTH REVIEW (APPLICANT: SUN BANK OF MIAMI)
Mayor Ferre: We are now on Item Number 14. The Department recommended ap-
proval and the Zoning Board granted it, 6 to 0 vote. Are there any opponents
present? Are there any opponents here
Mr. Andy Carlino: My name, by the way is Andy Carlino.
Mayor Ferre: I think you need to say that for the record.
Mr. Carlino: My name is Any Carlino. I am with Post, Buckley, Schuh and
Jernigan. If I may, I will gladly explain it to you. All right, this is
1st Street, 12th Avenue, Flagler is down in this area here. Presently the
bank is located in this particular corner.
Mayor Ferre: What bank is this?
Mr. Carlino: Sun Bank, the Sun Bank of Miami. There is presently existing
here now, on this site (this is a wide open block) and there is nothing here
but parking and in this particular area, eight drive in tellers, which each
has an individual within each booth, which is the old teller type drive up
system, which you heard explained earlier. Obviously, for security reasons,
and other reasons, it is very difficult to have your tellers that far removed
from the bank. Additionally, the drive in tellers, the traffic backs up on
to 13th Street.
Mr. Plummer: 13th Avenue.
Mr. Carlino: Excuse me, 13th Avenue, and this is a residential area and you
try to keep as much of your traffic, your commercial traffic out of the resi-
dential areas as possible. What we have proposed to do, is to take and put a
brand new bank, (this bank will be sold, or whatever Sun Bank chooses to do
with it) to set the brand new bank on this particular corner of this block,
with the drive in tellers coming off of 2nd Street, exiting onto lat. It
will keep them in the commercial area. They no longer will have to come down
into the residential area to get into the drive in tellers. There will be
six tellers of the pneumatic type, where the actual operations people are
ld 144 MAY 2 7 1982
within the bank and the drive in booths are just located in this area. There
is enough storage for forty vehicles and we have provided an escape lane in
case somebody gets in and decides they really didn't want to get into the drive
in area. We have also isolated the parking for the customers, so that it is
completed isolated from the drive in tellers and the parking for the employees
will be provided over here. The rest of the parking is for whomever use they wish
to use it. That is available at this time completely.
Mr. Plummer: How many of these booths...
Mr. Carlino: There are five booths, and there is another teller within the
bank. There are six tellers all together.
Mr. Plummer: Mr. Mayor, I move Item Number 14.
Mr. Carlino: Okay, if I can just take five minutes of your time. I've been
here a long time and I had wanted to stress one point, and this is somewhat
of a commercial, maybe.
Mayor Ferre: You have got a motion going. Are you going to over -sell now?
Mr. Carlino: Excuse me. Go ahead with the motion then. I would like to...
Mr. Plummer: The same conditions apply - six months after occupancy a review.
Mr. Perez: I second.
Mayor Ferre: All right, there is a motion and a second. Is there further.
discussion? Do you want to give us another speech now?
Mr. Carlino: One little commercial, yes. We worked very diligently with the
City Public Works Department, Parks Department. We went over very carefully
with the community groups that try to improve the Latin quarter. This is in
the Little Havana area. Sun Bank, on recommendation, says come up with what
we consider to be one of the probably...I am just saying, this is only a
branch bank. This is not a corporate headquarters, or anything like this,
but is the bank that you will see in the area. It is in total compliance
with the entire Latin renovation of the area, including the sidewalks, the
bullets, the landscaping, presently...
Mayor Ferre: No, no. Don't use that word.
Mr. Carlino: What is that?
Mayor Ferre: Bullets.
Mr. Carlino: The bullets? You don't like that word.
Mayor Ferre: No, don't call them bullets.
Mr. Carlino: Presently Sun Bank is expanding many thousands of dollars to
take the trees that are on the site and prepare them for transplanting in
about eight weeks to where they should be.
Mayor Ferre: Congratulations! Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
Up
RESOLUTION NO. 82-470
A RESOLUTION TO RATIFY CONDITIONAL USE AS LISTED IN
ORDINANCE NO. 6871, ARTICLE XII, SECTION 1(33) (f) TO
PERMIT A DRIVE-IN TELLER FACILITY ON LOTS 1 THROUGH
20 INCLUSIVE, BLOCK 60, LAWRENCE ESTATE LAND COMPANY
(2-46), BEING APPROXIMATELY 100 NORTHWEST 12TH AVENUE,
AS PER SITE PLAN ON FILE, SUBJECT TO REVIEW BY THE
CITY COMMISSION; ZONED C-1 (LOCAL COMMERCIAL.).
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
145
MAY 2 71982
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 J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
47. BRIEF DISCUSSION AND DEFERRAL OF CONSIDERATIOiv OF: AGENDA LlLn l/ :
"APPLICATION BY METRO-DADE FOR VACATING/CLOSURE OF TWO PUBLIC ALLEYS
IN CONNECTION WITH TENTATIVE PLAT #1154 "SANTA CLARA STATION" and
AGENDA ITEM 18 "APPLICATION BY HETRO-DADE FOR VAC./CLOSURE CERTAIN
STREETS IN CONNECTION WITH TENTATIVE PLAT #1155 "VISCAYA STATION."
Mayor Ferre: 17 and 18. Does anybody have any problems with that? We are
trying to get people out on non -controversial issues. This is Metropolitan
Dade County vacation closure of two public alleys. Department recommends ap-
proval and the Zoning Board did it unanimous. Plat and Street also recommends
it. Is there a motion?
Mr. Plummer: Maybe I want to go out and look at that.
Mr. Richard Whipple: These are in conjunction with the rapid transit station,
Commissioner.
Mayor Ferre: Does anybody object?
Mr. Perez: I...
Mr. Whipple: The first one involves two dead end alleys.
Mr. Plummer: Who are you, sir?
Mr. Peter Hernandez: Peter Hernandez, from Dade County Transportation Adminis-
tration.
Mr. Plummer: And what is your position with that?
Mr. Hernandez: Project engineer, civil.
Mr. Plummer: Mr. Mayor, I want Item 17 and 18 deferred. I would like to go
look at it.
Mayor Ferre: You made this poor guy wait all day.
Mr. Plummer: He is on County payroll.
Mayor Ferre: He is going to lose his job tomorrow, you know that.
Mr. Plummer: I would like 17 and 18 deferred to go look at it.
Mayor Ferre: All right, there is a motion to defer Items Number 17 and 18
by Plummer. Seconded by Dawkins. Further discussion? Call the roll on the
deferral.
THEREUPON, the City Commission on motion duly made
by Commissioner Plummer and seconded by Commissioner
Dawkins,: UNANIMOUSLY AGREED TO DEFER THE ABOVE MATTER.
ld 146
MAY 2 71982
I
IV
46. BRIEF DISCUSSION re: DEVELOPMENT OF VIRGINIA KEY PARK.
Mayor Ferre: Quickly, on your statement.
Ms. Mabel Miller: Yes, I am Mabel Miller, president of the Environmental Educa-
tion Consortium and I have come to talk with you about the Master Plan for
Virginia Key. There seems to be some confusion as to what the Master Plan is.
The City of Miami has made a commitment to an environmental park to the people
of the City to the County in relation to your exchange of land, and you have
even made a commitment to the State of Florida, where you have taken money
from them to initially begin to develop your environmental park. Virginia Key,
and Virginia Key Park has a set of natural resources that are irreplacable. In
looking at the Ferendino-Grafton plan for Expo'92, it appears that if that were
implemented, they would, of necessity, have to destroy a great deal of the
natural resources.
Mr. Plummer: What are those resources?
Ms. Miller: All right, the resources are these. There is a manatee breeding
ground to the upper left. It appears that they plan to dredge and fill and
put in pavilions. There is a coastal strand hammock here, a mangrove nature
trail, which is used by the Dade County Public Schools at the present time,
and has been for years, a bird lake study area, Bear Cut Biscayne Bay Overlook,
and your own Master Plan, designed by your parks, anticipates development of
some low key group camping, among other things. I wanted to ask you what you
now consider to be your Master Plan, and say that you really have promised the
citizens of the City of Miami through publications, through information that
has been put out by reporters, that you are going to have an environmental
park.
Mayor Ferre: I will tell you - I have been here for twelve years, and I don't
remember any of those promises. Do you?
(INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD)
Ms. Miller: Yes, they have a plan, and as a matter of fact, you all passed on
that - your park system. This is the aerial that indicates the area.
Mr. Plummer: Wait a minute. Our park system plan had nothing to do with
environmental parks.
Ms. Miller: Yes, it is considered to be an environmental park, and we support
that concept. I think all the conservation and environmental groups do, and
we ask that you conform to your initial plan.
Mayor Ferre: Marilyn, do you have an opinion on this?
(INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: When you do, let us know. You don't need any prompting, do you?
Mr. Vince Grimm: Mr. Mayor, the plan that was submitted today for Expo 192 was
very preliminary in nature, and stated so, and let me assure you that the City
will guard against any encroachment into its environmental plan.
Mayor Ferre: Ms. Miller, I would like to recommend that you do the following.
Would you meet with the Administration. Who is the appropriate person?
Mr. Grimm: Mr. Kern.
Mayor Ferre: All right. Mr. Kern. Is Mr. Kern here? Mr. Kern, will you
stand up so Mr. Miller can see you? All right, do you know Ms. Miller?
All right, would you make an appointment with Ms. Miller and discuss all of
this. If and when this thing moves along, which I frankly doubt, if it ever
happens, then I am sure we will have a lot of talking to do, okay?
Id 147 MAY 2 71982
Ms. Miller: Yes, it would be a question of approval by the Board of Trustees
of the State, and so on and so we will stand....
Mayor Ferre: Yes, Ma'am. I know all about those.
Ms. Miller:....for your staying with your initial plan for an environmental
park. Thank you.
Mayor Ferre: Thank you, Mrs. Miller. All right.
49. SECOND READING ORDINANCE: AMEND 6871, ARTICLE IV, GENERAL
PROVISIONS - PROVIDE NEW SECTION 46 - "HERITAGE CONSERVATION,
HC. ZONING DISTRICTS.
Mayor Ferre: 23(a), (b) and (c). Are there any opponents on second reading?
Somebody want to make a motion, then? Let's see, last time it was Plummer.
Mr. Plummer: I did it.
Mayor Ferre: Perez, do you want to second it again? Perez seconds. Further
discussion?
Mr. Perez: Is this (a), (b) and (c)?
Mayor Ferre: 23(a). Read the ordinance, please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING COMPREHENSIVE
ZONING ORDINANCE 6871, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE
CITY OF MIAMI BY AMENDING ARTICLE IV -
GENERAL PROVISIONS BY ADDING: A NEW
SECTION 46 - HERITAGE CONSERVATION
ZONES; PROVIDING FOR INTENT AND PURPOSE,
EFFECT OF HERITAGE CONSERVATION ZONING,
DEFINITIONS, HERITAGE CONSERVATION
BOARD, CRITERIA AND PROCEDURES FOR
DESIGNATION OF HERITAGE CONSERVATION
ZONES; REQUIREMENTS FOR CERTIFICATES
OF APPROPRIATENESS, AND SPECIAL
PROVISIONS FOR ADMINISTRATION AND
ENFORCEMENT; PROVIDING FOR INCLUSION
OF SAME AS ARTICLE 16 OF THE PROPOSED
NEW ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA; AND BY REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT; AND CONTAINING A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of April 22, 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 J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9425
148
i MAY 2 ? 1982
50. SECOND READING ORDINANCE: AMEND CHAPTER 62 - ADD NEW ARTICLE VII,
HERITAGE CONSERVATION BOARD.
Mayor Ferre: How about (b) - do you want to move it again, Plummer?
Mr. Plummer: Yes.
Mayor Ferre:. Mr. Perez?
Mr. Perez: I second.
Mayor Ferre: All right, read the ordinance on (b).
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 62 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ENTITLED -ZONING AND PLANNING"
BY ADDING A NEW ARTICLE VII TO SAID CHAP-
TER 62 ESTABLISHING A HERITAGE CONSERVA-
TION BOARD AND PROVIDING FOR BOARD MEM-
BERSHIP, FUNCTIONS, POWERS AND DUTIES
GENERALLY, PROCEEDINGS AND NO COMPENSA-
TION; FURTHER, PROVIDING FOR APPOINTMENT
OF A HERITAGE CONSERVATION OFFICER AND
DUTIES OF SAID OFFICER AND BY REPEALING
ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT; AND CONTAINING A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of April 22, 19B2
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 J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9426
51. SECOIM READING ORDINANCE: AMEND CODE CHAPTER 17 - "ENVIRONMENTAL
PRESERVATION" - DELETE 17-4 (EIMIRONMENTAL PRESERVATION REVIEW
BOARD) AND SUBSTITUTE "HERITAGE CONSERVATION BOARD", ETC.
Mayor Ferre: How about "c"? Plummner, do you want to move it again?
Mr. Plummer: Move it.
Mayor Ferre: Perez? No, Dawkins seconded it last time. Do you Want to
second it again? All right, read the ordinance.
ld 149
MAY 2 7 1982
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 17 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, •ENVIRONMENTAL PRESERVATION" BY
REPEALING SECTION 17-4 OF SAID CHAPTER,
ENTITLED "ENVIRONMENTAL PRESERVATION
REVIEW BOARD" AND SUBSTITUTING THEREFOR
A NEW SECTION 17-4, ENTITLED "HERITAGE
CONSERVATION BOARD"; AND BY REPEALING
SECTION 17-5 OF SAID CHAPTER, ENTITLED
"ADMINISTRATIVE ASSISTANT TO THE ENVIRON-
MENTAL PRESERVATION REVIEW BOARD" AND
SUBSTITUTING THEREFOR A NEW SECTION 17-5,
ENTITLED "HERITAGE CONSERVATION OFFICER";
AND BY REPEALING ALL REFERENCES TO THE
TERM "ENVIRONMENTAL PRESERVATION REVIEW
BOARD" IN SECTIONS 17-6, 17-7, 17-12,
and 17-14, OF SAID CHAPTER AND SUBSTITU-
TING THEREFOR THE TERM "HERITAGE CONSER-
VATION BOARD"; AND BY REPEALING ALL REFE-
RENCES TO THE TERM "ADMINISTRATIVE ASSIS-
TANT TO THE ENVIRONMENTAL PRESERVATION
REVIEW BOARD" IN SECTIONS 17-8 and 17-12
PROVIDING FOR A DELAYED EFFECTIVE DATE;
AND SUBSTITUTING THEREFOR THE TERM "HERI-
TAGE CONSERVATION OFFICER"; AND REPEALING
ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT; AND CONTAINING A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of April 22, 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 Miller J. Dawkins
_ Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9427
52. VACATE/CLOSE S.W. SOUTH RIVERDRIVE BETWEEN S.W. 2ND AIM 4TH
STREETS (TENTATIVE PLAT #1091 "JOSE MARTI PARK")
Mayor Ferre: Item Number 19. This is an application by the Parks Department
for vacating and closure of S. W. River Drive between 2nd and 4th Street.
The Planning Department recommended approval, the Plat Committee and the Zon-
ing:.Department recommends it. Carollo moves Jose Marti Park. Demetrio Peres
seconds. Further discussion. Any objectors. Any problems. Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
150 1982
MAY 2 7
I
FL
Id
RESOLUTION NO. 82-471
A RESOLUTION CLOSING, VACATING, ABANDONING AND DISCONTINU-
ING THE PUBLIC USE OF SOUTHWEST SOUTH RIVER DRIVE BETWEEN
THE NORTH RIGHT-OF-WAY LINE OF SOUTHWEST 4TH STREET ON THE
SOUTHERN END OF THAT PORTION OF SOUTHWEST SOUTH RIVER DRIVE
AND THE EAST RIGHT-OF-WAY LINE OF SOUTHWEST 4TH AVENUE AND
THE SOUTH RIGHT-OF-WAY LINE OF SOUTHWEST 2ND STREET ON THE
NORTHERN END OF THAT PORTION OF SOUTHWEST SOUTH RIVER DRIVE
FOR A DISTANCE OF = 720', BETWEEN SOUTHWEST 2ND STREET
AND SOUTHWEST 4TH STREET, AS ONE OF THE CONDITIONS FOR AP-
PROVAL OF TENTATIVE PLAT NO. 1091 "JOSE MARTI PARK".
(Here follows the body of the 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 J. L. Plummer, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
FOLLOWING ROLL CALL:
Mayor Ferre: All right now, on that question, I want to ask you a question.
When are you going to get started on that park?
Mr. Kern: We are supposed to get our permit within the next week or two
from the State to start the construction.
Mr. Carollo: Carl, do you know what I would like for you to do for me?
All this controversy in Domino Park brought something to my attention. I
would like for you to provide to me a copy (if you could hold on for just one
second, Maurice, I would like for you to hear this). I would like for you
to provide to me and to any member of the Commission that would so wish, a
map of the City that would show all the parks that we have in the City of
Miami. I know we have several of them, but if you could provide it to us,
I don't have access to one. So, I would like to see what areas of the City
don't have, or hardly have, any parks at all. What I would like to see is,
those areas that don't have any parks, to see if this City can find a way
to create some parks.
151 . MAY 2 7 1982
Mr. Kern: Very good. Yes sir, I will get that right away.
Mayor Ferre: We have a hundred some -odd supposedly active pieces of property,
right?
Mr. Kern: Parcels. Yes, sir.
Mayor Ferre: Okay.
Mr. Perez: Mr. Mayor, let me ask something. Do we have any board that moni-
tors and advises about the design of parks?
Mr. Kern: No, we don't have a standing board. We usually have different
groups for each separate project, depending upon which neighborhood they are
in. We coordinate through the neighborhood associations and Community Develop-
ment task force, wherever the park is located.
Mr. Perez: I would like that the City Manager explores the possibility of
the creation of this board, because the different areas have...
Mayor Ferre: I will tell you what then, why don't you come up with the recom-
mendation. Put it on the next agenda and we can vote on it then. I am for
that. I will vote with you on that. I think that is a good idea, but make
sure now, Demetrio, when you design it, talk to Carl and to the Department to
get some advice, because I think it ought to be people who are experienced at
that. We shouldn't get the doctors and dentists telling us how to build
parks.
Mr. Perez: But I think that we need to emphasize some ethnic characteristics
in the parks, for example, in the Little Havana area...
Mayor Ferre: Sure. Fine. Okay.
Mr: Carollo: Maurice, I should like to get this. You know, we have got
one hundred and one committees and out of those, ninety-nine don't do any-
thing. It is just a name. I don't want to have a hundred and two, you know.
Mayor Ferre: We will talk about it at the next session.
53. APPOINTMENTS TO ENVIRONMENTAL PRESERVATIOU REVIEW BOARD:
HENRY C. ALEXANDER, DAVID M. SCULLY, LUIS A. FORS.
Mr. Carollo: Item Number 21, a resolution appointing certain individuals to...
Mr. Richard Whipple: The Environmental Preservation Review Board, sir. This
is extremely needed.
Mr. Carollo: Are there any names that..yes, they are extremely needed.
Mr. Plummer: Who has the Environmental Preservation Board?
Mr. Carollo: Henry Alexander is one name that we have.
Mr. Gary: Commissioner Dawkins has some names.
Mr. Whipple: No, sir, there are six, because I believe the previous appoint-
ments were all rescinded. There were two on that previous list, you may remem-
ber, that were on the qualified list, that of Mr. Scully and Mr. Fors. So, if
you would like to continue those back on...
ld 152 MAY 2 7 19W2
Mr. Carollo: Okay. Right, we will continue with those two, Scully and Fors.
Mr. Dawkins: And I am naming Henry C. Alexander, Jr.
Mr. Carollo: I think we are all going to vote on them here, so how many
appointments do we have to make at this point in time?
Mr. Whipple: Six, sir.
Mr. Carollo: Six, we have to make? And we have how many names here before
us?
Mr. Whipple: There are fifteen or sixteen.
Mr. Carollo: Sixteen. Now, we need one architect, at least, right?
Mr.,Whipple: Right. We needa landscape architect, which would be Mr. Scully.
We need a nurseryman, either Mr. Ortego, or Mr. Regirio.
Mr. Carollo: You need one architect?
Mr. Whipple: You can appoint more, as long as we have somebody appointed in
each of the categories.
Mr. Carollo: From each group. All right, so there are six that we have to
appoint.
Mr. Whipple: We need someone from the Nurserymen's Association, either Mr.
Ortego or Mr. Regirio.
Mr. Carollo: Okay, what I would recommend - there are fifteen here, did you
say?
Mr. Whipple: I didn't count them.
Mr. Carollo: Fifteen, I think, or maybe sixteen. There is sixteen, you are
right. What I would recommend then is, that each of us write...
Mr. Dawkins: May I ask a question before we get any further, Mr. Carollo.
Mr. Carollo: Go ahead.
Mr. Dawkins: Of this board, you have how many people? How many people on
this board?
Mr. Whipple: Seven, sir.
Mr. Dawkins: Seven. How many are Black.
Mr. Whipple: There is only one person.
Mr. Dawkins: How many are Latin? One? How many are Latin?
Mr. Whipple: There is only one person on the board at the present time. It
is not functioning.
Mr. Carollo: Sue McConnell.
Mr. Whipple: On this list, I do not believe there is any Blacks, and I be—
lieve....
Mr. Dawkins: Of the sixteen...
Mr. Whipple:....there are three or four Latins.
Mr. Dawkins: How many Blacks?
Mr. Whipple: None, air.
Mr. Dawkins: How many ladies?
153
MAY 2 71982
ld
W r
Mr. Whipple: Two, and there is one existing on the board, Sue McConnell.
There are three.
Mr. Dawkins: I have got a problem with that.
Mr. Plummer: Throw it out and start over again.
Mr. Dawkins: That is right. Throw it out and ... you should have gotten some
Blacks on it. I mean, just throw it out and start over, and bring it back.
Mr. Carollo: You know what I recommend? You know what I recommend, Miller?
Why don't you see if we could appoint at least a quorum so they can start
operating. There are a heck of a lot of people suffering because this board
is not intact.
Mr. Dawkins: Okay, I agree with you, Joe, but all staff gets paid for is to
do what the hell they are supposed to do.
Mr. Carollo: I agree, for what it is...
Mr. Dawkins: Now, then come in here, knowing that I am sitting up in here
and I am going to be yelling and screaming if they don't have Latins, Blacks
and Ladies, and then they don't have one.
Mr. Carollo: What I am saying, Miller, let's get at least a quorum, which
would be four. Then we will appoint three people later on. We only have
one person, Sue McConnell. Let's appoint three more now, out of this list,
and then we will appoint three more on another occasion.
_ Mr. Dawkins: Okay. All right. Go ahead.
Mr. Gary: Vice Mayor. Vice Mayor Carollo.
Mayor Ferre: Wait, wait. Now, we...
Mr. Gary: No, Mr. Mayor, I would like to, for the record because it is impor-
tant now, Commissioner Dawkins. We do not recommend these names. They are
recommended by various groups and associations. We have to accept that pursu-
ant to the ordinance, so none of the names on here are recommended by staff.
They are mainly by those groups.
Mr. Dawkins: Okay, I am glad you brought that up. You see, this is another
one of those instances where I, as a City Commissioner, sit here and rubber
stamp something that I have no control over. Why is this constantly done to
me? Everytime I get to complaining about something, it is an ordinance that
we have no control over, so how do we pass things that we as Commissioners
have no control over?
Mr. Gary: I have a solution. I think Commissioner Carollo's suggestion is
good, and I think it would probably be appropriate for us to send a letter on
behalf of the City Commission informing those groups that we need to maintain
a balance, or that represents the community, and that those names should re-
flect that.
Mr. Dawkins: The same as the ethnic makeup of the community, Mr. Manager.
Mr. Gary: Yes, sir.
Mr. Dawkins: Thank you.
Mr. Carollo: So we are going to appoint three people out of these today, and
then after this is done, we will appoint three more.
Mayor Ferre: All right, you want Henry Alexander, David Scully and Luis
Fors, is that...
Mr. Carollo: Well, what I would suggest, Mr. Mayor, is that each of us write
down the three names of the people that we would like, and...
Mayor Ferre: Oh, I see. Hey, is there a big argument about this? I don't
frankly care. Who do you want?
ld 154
MAY 2 ? 1786
7
Mr. Carollo: Look, there is not. Henry Alexander, Luis Fors and David Scully
are the people that I was going to nominate.
Mayor Ferre: Is there anybody else you want? Do you have anybody else? Is
that acceptable to you?
Mr. Carollo: Okay, I make a motion that we appoint these three individuals.
Mayor Ferre: Henry Alexander, David Scully and Luis Fors.
Mr. Plummer: Question. Do they all live in the City? I mean, as it is now
a requirement, right? Because some of the applications I have been looking
at don't live in the City.
Mr. Carollo: Well, let's find out.
Mayor Ferre: YOu know, I am going to tell you something. When you get into
something like the Environmental Preservation Review Board and you start
limiting it to the City, you are going to get in bad trouble, I guarantee
YOU*
Mr. Plummer: Well, that was the policy of the Commission. That is not my
policy. I am only asking if the Commission's policy has been adhered to.
Mayor Ferre: Let's appoint them on the basis if they live in the City. If
they don't please let us know, and we will reappoint somebody else, okay?
Mr. Plummer: Okay. Fine.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-472
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS MEMBERS OF THE ENVIRONMENTAL PRESERVATION REVIEW
BOARD.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
NOTE: The three appointments made were: Henry C. Alexander
David M. Scully
Luis A. Fors
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 J. L. Plummer, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
FOLLOWING ROLL CALL:
Mr. Carollo: I'm for that, Plummer. I've been saying all along, you know,
Miami for the Miamians, you know?
Mayor Ferre: The problem is when you get into these...
155 1982
MAY 2 ?
]d
1
54. SECOND READIIIG OP.DIIIANCE: AMEND 6871 - ARTICLE XXX, AMENDMENTS,
SECTION 14(1) AND 15(1) re: TIME LIMITATIONS OF REZONING
APPLICATION.
Mayor Ferre: We are now on Item Number 22.
Mr. Plummer: I Nava no problem with that at all.
Mayer Ferre' This is on second reading. Are we ready to move on Item Number
22? Anyone have a problem on it? Plummer, do you want to move it? Plummer,
you moved it last time.
Mr. Plummer: Yes. Move it.
Mayor Ferre: Further discussion on Item Number 22. 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 XXX, AMENDMENTS, SECTION 14,
SUBSECTION (1) BY ADDING A NEW PARAGRAPH (d), AND FUR-
THER AMENDING SECTION 15, SUBSECTION (1), REGARDING
TIME LIMITATIONS OF REZONING APPLICATIONS, BY REPEALING
ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CON-
FLICT AND CONTAINING A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of April 1, 1981,
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 Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9428.
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: Who initiated this, Aurelio?
Mr. Aurelio Perez Lugones: Which item?
Mayor Ferre: Item Number 22.
Mr. Lugones: This was initiated by the City Commission.
Mr. Gary: By Commission when Commissioner Gibson, remember, had that concern
about the people always using the time gimmick to reapply for zoning changes.
156
Id
MAY 2 71982
55. AUTHORIZE CITY MANAGER TC EXPEND AN ADDITIONAL $151,000 TO COVER
COST OF INSURA14CE PREMIUMS FOR RETIREES 65 YEARS OF AGE AND
OLDER.
Mayor Ferre: We are now on Item Number 51. All right, we are on Item Number
51. Wake upi
Mr. Gary: Mr. Mayor, I would like for Assistant City Manager Randy Rosencrantz
to address this item.
Mr. Randy Rosencrantz: Mr. Mayor and members of the Commission, what we are
asking for here is the authority to proceed with increasing the employee con-
tribution rate to the Employee Benefits Fund. The City has a Self-insurance
Fund which is essentially made up of three major areas: Workman's Compensation,
General Liability and the employee's health portion of that fund. There are
really esentially four reasons why we are asking for the rate increase. The
first reason is simply that there has not been a rate increase that we are
talking about here, for at least the last four or five years, if not longer
than that. During this same period of time, medical costs, which are pro-
vided by this fund have increased anywhere from ten to twenty percent each
year during this period of time.
Mayor Ferre: I will tell you, in the interest of time, perhaps because there
is a basic legal question which must be answered, and assuming that that legal
question is in the Management's favor, then we can proceed. If it is not,
there is no use wasting everybody's time, okay? Now, the question, Mr. Knox -
last week I called up Bob Clark, and I asked him to be prepared to give us a
legal opinion today. The legal opinion that I requested him to be prepared
to answer is, the union - Mr. Teems here, who came to see me, says that the
City cannot do this unilaterally, arbritarily, without first going through
negotiating contract. They are basing their argument on Article 5, Section
5.3 of the contract, Page 9, of prevailing benefits. The Article reads as
follows: "5.3. The City union will meet at the request of the City to ne-
gotiate any proposed changes, and those rights and benefits not specifically
covered by this agreement, (Mr. Clark, are you listening?) provided, however,
no changes shall be made in the language or interests of this agreement, ex-
cept by mutual consent." Now, Mr. Dean Mielke, on April 8, 1982, writes a
letter which says as follows: (This is the next to the last paragraph of
the letter.) "This understanding represents a good faith attempt by the City
and the City's union coalition to negotiate said transfer of the Blue Cross
Insurance program to the union coalition, if possible, and economically feas-
ible." Now, the question is this. The question to you is, are we legally
bound by the provision that says this must be negotiated, and if not, are
we then permitted to continue on this conversation?
Mr. Knox: Mr. Mayor, we referred this question to our labor counsel. Today
we have received, or yesterday, we received a response. Their conclusion is
that the City is not legally obligated to collectively bargain with the col-
lective bargaining units over group health insurance premium increases, and
as a substantial citation of authority.
Mayor Ferre: Is that the legal position of the Department?
Mr. Knox:• Yes, sir.
Mayor Ferre: Mr. Teems, we have a...as you know, we always, even though we
are not bound under Charter, but I have yet to see anybody overrule a City
Attorney's ruling on something, so that is what we have got to go on, in other
words.
Mr. Donald Teems: Yes, sir. That is one of the four points that we were
contesting the resolution on, sir.
Mayor Ferre: Well ndw, under that, then if you will proceed.
Mr. Rosencrantz: I think if I could respond to that another way, Mr. Mayor.
The particular item in question on the April 8th memo was not an
157
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MAY 2 71982
attempt on behalf of the Administration to negotiate with the union concerning
these rates. The union had made a specific request to the Administration deal-
ing with a whole topic of employee benefit insurance, and they simply asked us
if we would be receptive to a whole new concept in dealing with that particular
matter, and we responded to that by saying that we would be receptive to it,
and identify the conditions under which we would be receptive to talk some
time in the future about that issue, but it was no attempt to negotiate on
our part concerning the rates. The other two points I want to make in my
opening comments that I would submit to the Commissioners revolve around the
fact that the state does require that this Self-insurance Fund be properly
funded. The realities of the situation we are in, that with the employee
contribution, with all the money being put into the fund by the City, there
is not sufficient funds to pay the costs of providing the services that we are
committed to provide. That is the reality of it. The second point that I
would like to stress with the Commissioners, is that even though the City is
making a greater contribution to the fund than we are required to, there is
not sufficient funds there to continue for the fund to maintain its stability
and maintain its integrity. If you look in the audit report which was just
completed for the period ending September 30, 1981, there is an analysis of
the fund that is involved here in that audit report that shows very clearly
the condition of the fund and it indicates that there is not excess monies in
that fund. I would be happy to answer any questions about it you may have.
Mayor Ferre: All right, let's hear from Mr. Teems and then we will take it
from there.
Mr. Teems: Mr. Mayor and members of the Commission, my name is Don Teems.
I am president of Miami Association of Fire Fighters. Also represented here
are the Fraternal Order of Police, asking their consideration as Dade County
Municipal employees, Sanitation Employee's Association and the Miami Retired
Employee's Association, so really, what you are talking about, you are talk-
ing about all employees of the City of Miami who are represented at all, in-
cluding the retirees. There are four basic points that we would like to make,
or four basic objections that we would like to raise, to ask this Commission
not to pass this resolution. A couple of them...three of them are legal, I
guess, and the fourth one I guess is going to be long and drawn out. We will
have to get into the Trust itself. But, the first was the one that the Mayor
mentioned to start with. It is our opinion, and our legal counsel's opinion,
and I think we gave you his opinion the last meeting, that it is an absolute
violation or our collective bargaining agreement, the prevailing benefits
portion of our agreement, that nowhere in our contract, and I am speaking of
firefighters now, nowhere in our contract is the premium rate mentioned, and
Article 5 picks up all those items that are not specifically mentioned in
our contract. They can't be changed by either party, except by mutual consent.
The City is, in my opinion, unilaterally trying to change a benefit. The
second part is what we consider a violation of Chapter 447 of the State
Statutes. It is a collective bargaining law for all public employees. In
the most recent case, keying on Public Employees Relations's Commission's
position on insurance is Dunedin vs. the P.B.A., Dunedin's case, and it is
in February of 1982 and it is right on point. It is talking about unilateral
increases of insurance premiums without negotiations with the union. The City
of Dunedin lost that; not only lost it, but they lost attorney's fees, they
lost the whole nine yards, because Burke ruled that you had no basis in fact
to be before us. That is is the second part, the legal point. The third
point is not a legal point. The third point is me trying to represent a
group of people who the City contends that I don't have the right to represent,
and I think I do, at least the Fire Fighter portion of the retirees. And I
think we are speaking for A.F.S.C.M.E., S.E.A., and the F.O.P., I think we can
represent them before this Commission. They didn't even know of a rate increase,
until I called them, the night before the last Commission meeting, when I got
the agenda. Now, you are talking about rate increases for individuals of up
to 103% to 104% of what their premium is now. Some of these people make
S400, $500. $600 a month. Now, you are going to raise their rates on depen-
dent coverage for people between 50 and 65, $103 a month. You can see what
portion of their retirement check is going to into paying insurance. Now,
it my contention, and I hope the retirees'contention, that the City has known
about these problems with their paying of the insurance rates for two or three .
or four years, and if they, in fact, unilaterally decided to supplement the
retirees' portion. That is the biggest problem, the retiree. No doubt about
that. But, he paid for twenty or thirty years to get to the point where some-
body else is going to help him. In that case, me. And that's the way it is.
And the City. We are co -people in this insurance plan. That is the way it is.
ld
When I get out there, hopefully, somebody is going to help support me too,
when I am out of my high earning years and better health years. And, we abso-
lutely oppose that unilateral change in the retirees' portion of the insurance
increase. The fourth portion deals with the trust itself. When we found out
that the City was looking to raise the insurance rates, I hired Dr. Barry,
in conjunction with all the other unions, and I think most people on the
Commission know Dr. Barry, he has been here before - to look into the trust.
And, my sole purpose was to say, if the trust is proper; if they really need
the increase, then we have to look at how to increase those rates. I didn't
agree with the increase of the retirees as much as they were going to do, but
if we need the increase, we need the increase. We got into the trust, and it
was a shambles. In fact, we had to start back from day one on a current
balance, acid try to work our own figures for it, because the City didn't have
figures. Now, they have come up with figures. They say they haven't negotia-
ted with us. That is not true. We have talked about different methods of
funding, different methods of having the insurance. In fact, they went from
a deficit figure in the trust to a pretty positive figure in the trust. So,
we have negotiated with the City. In fact, it says in black and white, and
they are only written proposal to it. It is an attempt to negotiate a
settlement, and that is what it was. It was what I took it as, and that is
what it says in black and white. Now, I understand it is not true, but we
believe it was, and even if it wasn't, we think they absolutely have that
obligation to do it to us. Now, what I would like to do at this point is
turn it over to Dr. Barry to let him give you a scenerio of where the trust
was, where it is now, and the problems we have with it, and basically, some
trust law violations, and a number of things that are pretty serious.
Dr. Marshall Barry: Good evening. I appreciate the opportunity to be here
again in beautiful Miami. My name is Dr. Marshall Barry, I have been here
before, as you all know. My address is 4302 Robin Lane, Tampa, Florida. I
am here representing all the bargaining unit employees of the City of Miami:
the Fire Fighter's union, the Fraternal Order of Police, the A.F.S.C.M.E.
local for the general employees, as well as the Sanitation bargaining unit.
The problem today that I wish to address, is strictly the state of the group
trust, in terms of whether or not there is a justification for a significant
health insurance increase proposal. Commenting briefly on Management's argu-
ments, the summary four arguments that have been given, they are simply this,
it appears. It has been a while since there was an increase, and therefore
there should be one, because health insurance costs have risen. They go on
to say that the State requires that the fund be actuarially sound, and today I
will discuss a number of instances where a failure in the fiduciary responsi-
bilities of trustees in the fund have resulted in the danger in the actuarial
soundness of this fund, and not because of the group insurance. Lastly, they
mentioned the audit report. Look at the audit report, if you will, please,
because the audit report does not indicate anything to speak of about the
condition of the trust fund, because Peat Marwick and Mitchell refused to
commit themselves on the voracity of the figures in the audit of the self-in-
surance trust fund. They have so for several years now, because they do not
believe that claims experience and the liability estimates of the fund and
the general record keeping of the fund are sufficiently accurate for them to
attach their.prestigious name to the figures in that particular balance, so
there is a disclaimer in your financial audit this year and last year as
well on the condition of the figures that relate to the Self-insurance Trust
Fund. and I believe some of the violations of trust law, which I will discuss
today, will indicate why this has come about, this sad state of affairs. I
would like to briefly summarize my conclusions, if I may, before passing out
my testimony packet. Our analysis, that is the analysis of myself and my
associate"economist, Mr. Lawrence Jessup from Dade County, has reached the
following conclusions: first, the information considered by the consultant
and the City was incomplete. For example, all fund balances at earnings by
the fund balances in the self-insurance trust fund were excluded by direction
and specific order in the analysis. You will note in your resolution that has
been proposed, there is a statement in the first part of that that says that...
(You had that in front of you, it was in the last Commission meeting's testi-
money packet), it talks about the complete analysis of the trust fund. In
fact, the trust fund was not completed analyzed. It was only looked at from
the point of view of current year operation, cash inflow, cash outflow; no
consideration being given to balances that have been stored up from the past,
as well as interest earnings on those balances, both of which can be used to
underwrite the cost of the group trust. Secondly, the data on revenue,
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MAY 2 7 1982
group insurance fund balances and interest earnings of the group insurance
trust fund were, and still are, inaccurate. I get into description of the
inaccuracies, and the magnitude of those inaccuracies, as well as the magni-
tude of the different estimations of the available...
- Mayor Ferre: Dr. Barry, how long is that going to take?
Dr. Barry: Well, I know you think I am wordy at times, Mr. Mayor. I don't
really think it is going to take that long. I am not going to get into a
month by month description of how we calculated what the balance should have
been that month. I am going to present my findings and contrast them with the
four or five findings of the Manager.
Mayor Ferre: Okay, I think..:I really think and please forgive my presumption
and you know, I am not trying to be friendly on this. Sometimes people listen
in proportion to the length of how long they talk. I really think, and probab-
ly we should apply this to ourselves, but, you know, don't ramble on and on,
because frankly, look, if you look around, hardly anybody listens too long, so
just come to the point, what is the issue?
Dr. Barry: Well...
Mayor Ferre: You know, one, two three in five minutes. Just tell us what it
is.
Dr. Barry: One, two, three in five minutes! Can I pass out my testimony
packets? Mr. Mayor, perhaps when you look at the seriousness of some of the
figures in here...
Mayor Ferre: Come right to the heart of the issue.
Dr. Barry: Well, you might prefer to have more than five minutes when you
take a look at these figures.
Mayor Ferre: Look, the issue, Miller, can I paraphrase, so we can get right
to the heart of this?
Dr. Barry: Can I give you an analogy and a summary statement?
Mayor Ferre: Give it to me in a real catchy sentence so that we can under-
stand what the hell this is all about.
Dr. Barry: All right, sir, you see if you catch it then.
Mayor Ferre: Okay, wait a minute, I want Joe to listen to you too.
Dr. Barry: All right. Basically, the issue is this. The Johnson and Higgins
report, on which this request is based, is based upon a consideration only
of the current year's operation, what they anticipate this current year's in-
flow and outflow of revenues from the Group Health Trust to be. It ignores
entirely all the accumulated balances. Between 2.5 and 3 million dollars is
accurately calculated, with interest earnings on those. As a result, the
analogy would be that of trying to calculate a person's net worth by only
looking at their checking account, and ignoring their savings account.
Is that catchy enough for you Mr. Mayor, for a summary?
Mayor Ferre: I think that summarizes it real good, but I want Joe to listen
to it a second time. Do you have anything else that you want to add while we
wait for him?
Dr. Barry: Yes, sir. If you will look at these exhibits, I can run through
them faster than I can my prepared text, I believe. If you will look at the
first exhibit, it deals with the untimely contributions to the trust fund.
The trust fund can only earn interest on it's assets if the deposits are made in a
timely manner. If you will notice, in fiscal year 178-179, for the full year
rather then at the beginning of -the month, the City waited until the end of
the year to make the full year's contribution, thereby depriving the trust
fund of a full year's interest.
Mayor Ferre: How much is that?
MAY 2 71964
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Dr. Barry: Well, sir, at that time, it would have been in the hundreds of
thousands of dollars.
Mayor Ferre: Okay.
Dr. Barry: Fiscal year 179-180, once again, in fact if you look down, there
is only one time when the transfer was made within one week of the due date,
and that was in May of 1980-'81.
Mr. Gary:- Can I get a copy of that?
Dr. Barry: I gave out enough to...because Howard, I assure you
Mr. Gary: 'I understand why you may not want me to have it, but, you know!
Dr. Barry: Oh, come on! I love it when you collect my exhibits, you know
that.
Mayor Ferre: The guy is ending up being Mel Reese!
Dr. Barry: And Howard, I will personally autograph a copy for you, after my
testimony, if you would like, as well.
Mr. Gary: Make sure it is on the paper.
Dr. Barry: The other thing is, if you will look in the current fiscal year for
October, November and through January, December and January, contributions
for the first four months were not made until January 14, 1982, so the interest
once again, on those four months of contributions was deprived. Once again,
in March, it wasn't made until April. February wasn't made until April,
April wasn't made until the end of April, so there is always a lag, loss of
interest. When the contributions are even made to the fund, they are not
fully earning for the fund as required by your codes. Your codes are quite
clear on self-insurance trust funds. It should be segregated. It should be
invested by the trustee, and it is not.
Mayor Ferre: All right, we have got the attention of all of the members of
the Commission now, all right? Now, we have been waiting for you, other-
wise this goes half an hour talking and nobody listens. I want see Joe, if
I can get right to the issue. The employees are coming here and they are
saying that the reason why the Administration wants to charge more is be-
cause they have been fooling around with the trust fund, that really should
have been earmarked and deposited on a timely basis for what they were sup-
posed to be used, and as a consequence of that, there is not sufficient
money here, so this is not an accurate accounting.
Dr. Barry: That is right, sir.
Mayor Ferre: And what they are saying is, this is unfair. Now, whether it
is, or it is not, is something that we have to decide. If I can capsulize
what you told me when we met, what you are saying is, the City of Miami, in
this particular fund, and in all the other trust funds, is utilizing the
interest of the City for the General Fund and not for the benefit of the trust.
Dr. Barry: According to trust law, yes, sir.
Mayor Ferre: According to trust law. Therefore, that is a violation, and we
have been doing that improperly. If we had put the money timely in the trust
fund basis, the interest that would have accrued over this time would be suf-
ficient so there wouldn't be a problem now. Did I...
Dr. Barry: In fact, the trust is larger today than it was in October 1 of
this year. Yes, sir.
Mayor Ferre: Okay. Did I summarize an hour and one-half of conversation?
Dr. Barry: Not all of it, sir.
Mayor Ferre: What did I miss? Su—arize, now.
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MAY 2 71982
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Mr. Teems: All right, from the employees, we just got through eight or nine
or ten months of negotiations, Mr. Mayor, which you know very well. We nego-
tiated insurance; negotiated rates changes, between employer and employee. Not
once did this Administration bring to us at the table that they need a rate in-
crease. That is bad faith bargaining, Mr. Mayor. That is absolutely bad faith
bargaining.
Mayor Ferre: Yes, but Don, this is not the forum for us to decide whether
there was bad faith.
Mr. Teems: But, you see Mr. Mayor, the point is the Administration negotiates
the contract, but you, the Commission, are responsible. You are the ones that
vote "yes" -or "no" on the contract, and you are the ones that put your signa-
ture to it, and to me, they are relating your bad faith, and you know, by not
negotiating in good faith.
Mayor Ferre: All right. You want to, in another couple sentences, kind of
summarize and then let's hear from the Administration?
Mr. Teems: All right, Mr. Mayor. I think the bad faith bargaining is not on
the Commission's part. I don't mean it that way, but I think the Administra-
tion bargained in bad faith, and in fact, earlier today, the Manager made the
point that some police officers were coming before this Commission in running
their collective bargaining agreement with the contractural obligation.
Mayor Ferre: Don, what are we arguing?
Mr. Teems: Now, that is exactly what the Administration is doing to us.
Mayor Ferre: Don, what are we arguing about? I like to simplify things. It
is costing five million dollars a year for the City and the employees to get
self-insurance on health issues. Is that right?
Mr. Teems: Yes, sir.
Mayor Ferre: All right. Now, what we are talking about here is money. Okay?
The Administration is saying that we are losing..(Is that right?), it is cost-
ing us five million dollars to self -insure, more or less, and the Administra-
tion is saying, "Hey, we are losing out on this, and the employees aren't
paying their fair share, and therefore we want to increase their rates 53%."
Mr. Rosencrantz: That is essentially correct. Yes, sir.
Mayor Ferre: Okay. They are saying "Hey, you cannot increase that, because
Number one, you haven't bargained with us, and you have got to sit down and
bargain", and now we find out from the lawyer that that isn't so, so that one
is gone from my perspective. Now, the next thing they are saying is, "You guys
have been playing around with that trust fund. If you had been timely depo-
siting and doing all the things you should have been doing, you wouldn't have
a problem, so therefore, it is your fault." Now, the other issue that hasn't
been talked about is, there are a bunch of H.M.0 1s out there that are saying
"If you let us do this, we are going to save you money, because our rates are
lower" and Equitable (Who represents Equitable around here?) is charging 20%
to administer this whole thing, and....
(INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD.)
Mayor Ferre:.... well, whatever it is. They have got very high administrative
costs and if we go to the H.M.O.,...now the problem, Plummer, with the H.M.O.,
(Let me finish) was, in the beginning, that a lot of these H.M.O.'s said "You
have to go to the Cuban clinics".and a lot of employees said "Hey, we don't
want to go to the Cuban clinics"..So, now, they come back and they have said,
"Okay, you can go to Mt. Sinai, you can go to Cedars, you can go to Victoria
Hospital, you can go to Mercy Hospital. You can go to any of those hospitals
and get taken care of by the American doctors there, and we will pay for it.
Furthermore, if you want to go to your doctor up in Fort Lauderdale, you can
go, and we will pay 80%." Then, they said "We will also give you dental
benefits, the whole thing, etc.", you know, and they made that proposal. In
the meantime, they come in, and they say, "but; we are not going to go with
MaY H.M.O. until we get this other issue clarified." Now, did I capsulize
the issue? 162
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MAY 2 7 1982
Mr. Teems: Yes, sir. Let me try to put it to you - I know you remember. You
remember when we had Metropolitan Insurance? All right, we bought insurance
and then we went to Equitable. Each and every time, the insurance company...
see, the City is a two -headed snake here. He is at one end the insurance com-
pany, and the other hand, the employer. Now, anytime that Metropolitan or
Equitable came with a rate increase, we had to agree. Not just the employer,
but the employee too, and if we didn't agree, we went shopping. In fact, that
is how we got Equitable to start with, from Metropolitan. Metropolitan came
in with a rate increase. We didn't like the rate increase and we went shop-
ping. We bought Equitable. The same way we went self -funded.
Mayor Ferre: So what is your point?
Mr. Teems: -.The point is, if you go for a rate increase, we have to agree, and
it has been traditionally that way in the City of Miami.
Mayor Ferre: So, what is your point?
Mr. Teems: We haven't agreed, and they are with the unilaterial rate increase.
Mayor Ferre: All right, now let us get the other side of it.
Mr. Gary: Let me just make some preliminary comments before we...
Mayor Ferre: (INAUDIBLE) summarize...
Mr. Gary: Since I got my three votes in, I won't say anything! Do I have my
three?
Mr. Plummer: Did you see the way Gary came in this morning?
Mr. Gary: Well, let me just respond to some specific questions. First if all,
the Law Department has agreed that we are not violating the rules, and ob-
viously if we are, they have a procedure they can follow to contest that. You
also have a fiduciary and legal responsibility to have a solvent fund. With
regard to his ... I'm sorry, with regard to the opponent, (I'll have to admit
his clothing has changed, but he is still pretty good).
Mr. Plummer: Yes, because he is buying his clothes with City money!
Dr. Barry: I am one of the few that hasn't used the trust fund, sir. I am
sorry.
Mr. Plummer: Of the City of Miami. That doens't exclude Tampa, Tallahassee,
Orlando, Jacksonville.
Mr. Gary: But, Mr. Mayor. with regard to the increases where he is saying we
are a two -headed snake and when we increase, you know, they have to agree,
that we have the benefit, obviously, there is a negative benefit, since 80%
of the cost goes to us, 20% goes to them, so it makes sense to us to want to
keep it down, because any increase, we absorb 80%. The alternative, if you
decide not to -exercise you fiduciary and legal responsibility according to
State law with regard to funding this project, based on that law and the union
contract...you have an alternative, and that is, we continue to spend money,
based on our 80%, and when the money runs out, nobody gets their bills paid.
The fourth thing, the increases seem to be high. They probably are. Let me
tell you why they are high. They are high, because, they have been getting
benefits in the past where the City has absorbed their cost with the increased
costs of hospitals. Now, what we are saying to you today is that you have
that responsibility to make it solvent. Their arguments about the City dip-
ping into the trust fund, you know, there is a two-sided street on that too,
because obviously, if the costs on one month exceed what we received on that
month, we should charge them interest fees on our money also. Now, with re-
gards to specifics in terms of the fund balance, and the juggling of money,
quote, "juggling of money", I would like for the Finance Department, Mr.
Rosencrantz to respond.
Mr. Plummer: May I ask a simple question? Did at any time the City ever
borrow money from that fund without paying it interest?
i 163
MAY 2 71982
W e
Mr. Teems: One comment, Mr. Gary. If you promise to pay 80% of the total
premium, we will buy your deal. You don't pay 80% of the premium. You only
pay 80% of the employees premiums.
Mr. Gary: Exactly.
Mr. teems: If you will pay 80% of the total premium, including retirees, we
will buy it.
Mr. Gary: I'd like to give you 100%.
Mr. Rosencrantz: Commissioner Plummer, the answer to your question, according
to Mr. Garcia, is not to his knowledge did that ever occur.
Mr. Plummer: What you are saying, Mr. Garcia, on the record, is that at no
time did the City ever borrow money, or use money from the insurance fund for
City purposes.
Mr. Carlos Garcia: that is basically true. Now let me state this ... we are
under a pooled cash concept, which means that all of the funds have all their
cash put together in the same pool, so therefore, at certain times there are
some other trusts and agencies such as C.E.T.A., which has a deficit in cash,
therefore, all the other funds in City, including the general fund, debt
service and so on, are in fact, funding those funds in deficit. Now, we are
talking about...
Mr. Teems: Are they paid interest for the use of that money?
Mr. Garcia: No, they don't.
Mr. Teems: Ah, that is the question.
Mr. Garcia; We are talking about a part of maybe seventy or eighty miliion
dollars of which some funds may have a deficit of one or two million dollars.
In total terms, we are talking about a very small figure compared to the total
cash available.
Mr. Plummer: Thank you.
Mr. Gary: Let me add...
Dr. Barry: Does the Charter say that they are supposed to segregate the funds?
Mr. Gary: It is our time. This is supposed to be our time.
Dr. Barry: Oh, I am sorry. Excuse me, I thought it was right into my exhibit
here.
Mr. Gary: No, we will allow you to rebut.
Dr. Barry: Thank you.
Mr. Gary: Commissioner Plummer. Let's assume that we do own them $10,000 for
interest. I would contend, as you compare that to the City's overpayment for
the last three years, plus the interest, that we are due a refund.
Mayor Ferre: Oh, that is very important.
Dr. Barry: Let's talk about the overpayment.
Mayor Ferre: Yes, that is very important.
Dr. Barry: Was there an overpayment, or is it a deficit position? Because
your subsidization of the retirees, and the payment of accidental death and
dismemberment and life insurance premiums out of that money, is what you call
your so called "overpayment", if you will look at the exhibit that relates to
that.
Mayor Ferre: Well, is it, or isn't it?
Dr. Barry: Yes sir, there is no overpayment.
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MAY 2 71982
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Mayor Ferre: Well, you know, what he is saying is, that if you take the over-
payment, which amounts to three million dollars in the past couple of years,
and if you were to take the interest on that overpayment, it would be more
than what you are talking about, now, is that so, or not.
Dr. Barry: No, sir, it isn't, because as you see down on their exhibit, called
"formula" that was in their packet last time, they subtracted out down in the
lower lines, 2.3 million dollars, which is the retirees and employee's A.D. b
D. and Life, so that doesn't even count the subsidization of the retirees by
the City, which has been a conscious policy since day one, if you will look
at my exhibit on the historical analysis of the subsidization of the retirees.
From day one, the City has been paying money in to cover excessive claims of retirees.
With this proposal, what they are trying to do is to get out of that, without
asking for you to change your policy, and to have the active and the retirees
pay for that particular subsidization, which has been a conscious policy of
this City since day one.
Mayor Ferre: Okay, what else do we have now. Let's get all the speakers
here who may want to say something. I think we had Frank Cobo around. He wanted
to say something for the retirees.
Mr. Frank Cobo: Mr. Mayor, my name is Frank Cobo. I reside at 346 N. W. 43rd
Place and a voter in the City of Miami.I am here this evening as just a courtesy on be-
half of the retired City employees. I feel that it is incumbent upon you to
understand that those of the employees that have retired some years ago, and
most recently too, that are under a smaller pension and receive smaller
amounts of money cannot afford to pay this increase and records show this, and
if we could get the figures from the Finance Department as to what is paid out
in retirement checks to our employees, you will find that those that are over
65 basically could not afford to pay this increase. Also, here is Mr. Rawls,
who is the president of retired City employees, a former City employee who
worked in the Police Department.
Mr. E. K. Rawls: Your Honor, my name is E. K. Rawls, formerly of the Miami
Police Department. I live at 3021 N. W. 1st Street. I am president of the
Retired Miami Employee's Association, and it is like Frank says...The guys that
retired ten, twelve, fifteen years ago...twenty years ago, some of them went
out on $100, $150, and that is all they get, plus the 1% for each year they
were off, which brought them up to a little bit better, maybe $200 to $300 a
month. Now, if they have to pay 100%, or 103 - 108% more for the insurance,
they are going to have to drop it, that is all they can do, and where are
they going to get the insurance to take care of it?
Mr. Plummer: Mr. Rawls, answer a question for me, which is aside. How old
are you, sir?
Mr. Rawls: 68 years old.
Mr. Plummer: Are you on Medicare?
Mr. Rawls: Yes, sir.
Mr. Plummer: What.. -.are you talking about your particular case, but I would
assume it applies to most of the retirees. Are you talking about a supple-
mental insurance? What kind of insurance would you require where you are
covered by Medicare:
Mr. Rawls: The insurance that I have is regular City employeeg' — retired
employees' insurance.
Mr. Plummer: But, isn't medicare available to you?
Mr. Rawls: Yes, sir, when you get 65.
Mr. Plummer: Do you have Medicare?
Mr. Rawls: Yes, sir.
Mr. Teems: Mr. Plummer.
Mr. Plummer: Yes?
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Mr. Teems: Up until they are age 65, they are totally on City insurance. When
they reach 65, and become eligible for Medicare, then the City insurance be-
comes a supplemental insurance of Medicare, and their premiums are reduced and
so is their benefits.
Mr. Plummer: Yes, but Don, the point I am getting to, Medicare covers 80%
with Part "A".
Mr. Teems: Right.
Mr. Plummer: Okay? Now, what you are saying, Mr. Rawls, is that people 65
and older, the City insurance is supplementing Part "B"?
Mr. Rawls: Yes, sir.
Mr. Plummer: Well, how much can your premium be?
Mr. Rawls: Mine, I think is now, over 65, is $37.42.
Mr. Plummer: Per month?
Mr. Rawls: Per month.
Mr. Plummer: Now, what do you pay Blue Cross/Blue Shield on Part "B", which
is a supplemental coverage?
Mr. Rawls: I don't have Blue Cross/Blue Shield.
Mr. Plummer: Well, I am asking, what is the cost on that on a monthly basis?
It is somewhere in the neighborhood of about $4.00 or $5.00 a month.
Mr. Rawls: No, it is more than that, sir.
Mr. Plummer: Not for part "B". The question I am asking is...
Mr. Rawls: I don't have it. I don't really know.
Mr. Plummer: Well, I think you should, because I think it is very important.
If you can get coverage from Part "B", you are already in for Part "A", right?
Mr. Rawls: Yes.
Mr. Plummer: Okay, and so you are paying so much a month for Part "A" coverage.
Mr. Rawls: Right.
Mr. Plummer: Now, what you are concerned about, you and people over 65 years
of age, is Part "B", the supplemental from the 80% to the 100%.
Mr. Rawls: Right.
Mr. Plummer: Randy, has the City looked into, maybe the City would be better
off paying Part "B" for them, rather than paying this $37.00? Obviously, if
they are paying $37.00 a month is it, what you are paying now?
Mr. Rawls: Right.
Mr. Plummer: So the City....
Mr. Donald Dunlap: -No, they are paying $23.99 per month.
Mr. Plummer: It is proposed to go to $37.00, is that what it is?
Mr. Dunlap: It is proposed to go $37.00, approximately a $14.00 per mouth
increase.
Mr. Plummer: Are you familiar with what Part "B", Blue Cross/Blue Shield is
costing?
Mr. Dunlap: Not the Blue Cross/Blue Shield factors.
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V66 MAY 2 71982
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Mr. Plummer: Well, the "B", the "B".
Mr. Dunlap: Are you referring to Medicare? One of the things we do have sir,
we have a very good Medicare supplement. Affective, we will give our retirees
a 100% of their costs.
Mr. Plummer: So would the "B" portion.
Mr. Dunlap: No, they will have some deductibles and some
there, sir.
in
Mr. Plummer% Hey, look. All I am saying, has anybody from staff looked into
why, if they are paying $23 and something, and theirs is what - 20V What
is the City.paying?
Mr. Dunlap: The City is paying zero percent on the retirees, sir. Or, sup-
posedly paying zero percent.
Mr. Plummer: Oh, the City is paying nothing?
Mr. Dunlap: Nothing. no, sir.
Mr. Rawls: Mr. Plummer, a couple of years ago, the City was paying, I think,
$3.27 a month on retirees' insurance, and then the State come up with some-
thing, that they couldn't pay that to us, because we were retired, so we
were down here....
Mr. Plummer: I remember that.
Mr. Rawls:....and I believe you all told the City Manager to look up about
paying it, but we have never gotten a dime out of it.
Mr. Plummer: Well, I sure wish someone from the Administration would come
back to me and let me know what Blue Shield/Blue Cross Medicare fee would
in fact, cost, as far as the supplemental coverage, because I think it is a
lot less than than $23 a month. I could be wrong, and that is 100% coverage.
If I am wrong, I stand corrected, but...
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD.)
Mr. Plummer: Excuse me? Well how much is it?
Mr. Dunlap: Excuse me, Mr. Plummer? Maybe I can shed a little more light
on this. We spend probably $150,000 to $160,000 a year in supplement to the
premium received from the retired employees over 65 - the people in the medi-
care supplement. We spend another approximately $50,000 a year in supplements
and we pay their claims, so we are actually putting that out. It is not the
over 65 group that is causing the drain on the self-insurance fund. It is
the retirees under 65, who are utilizing the plan at a disproportionate
percentage. If we were to experience rate that group, they would actually
get a lesser rate then is now proposed. Approximately 17% of the plan members
on the total plan are retirees under 65. They utilize approximately 34% of
the benefits paid out by the plan. That is the group that would sustain the
largest rate increase, not the retirees over 65.
Mr. Plummer: Is the City at the present time supplementing the retirees?
Mr. Dunlap: Yes, sir. We are paying their claims.
Mr. Plummer: No, no, do you supplement their benefits at all, other than
paying the claims?
Mr. Dunlap: No, sir.
Mr. Plummer: Okay, so then they are self -sustained?
Mr. Teems: In effect, that is exactly what they have been doing, Mr. Plummer.
When they say that they have overpaid, what they are talking about is over-
paid for the retirees that are not retired and not yet 65.
Mr. Plummer: That is not my point, Don.
167
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V V
ld
Mayor Ferre: Let me tell you what my problem is about this whole thing, Plummer.
The people under 65 that quit, they served the City and then they went on to
something else are costing us close to $800,000 a year out of $5,000,000.
Their.dependefits are costing us over $500,000 a year, so these are people that
have not retired. They are out working somewhere else and doing something
else, some of them, and it costing us $1,300,000. Out of that $5,000,000,
$1,300,000 goes there. Now, with regards to people that are 65 years and over,
I have absoutely no problem. I think we ought to help those people as much as
we can. We should, be we can't legally. Mr. Knox, I want you to explain that,
because we did this before. Frank? Where is Frank Cobo? You know, Father
Gibson made the motion, and I backed him on the whole thing, and we went ... now
listen to what happened. Tell them what happened when we tried to do that.
Mr. Knox: There is a State Statute that we are looking up now, in case any-
body wants a precise number which prohibits local government from paying....
It changed for dependents, it did not change for retired employees.
Mr. Rawls: Well, we never got anything out of it, and that was a couple of
years ago.
Mayor Ferre: Yes, you never got anything out of it, because the State stopped
us from doing it.
Mr. Rawls: They came back and said you could.
Mr. Teems: That law has been changed.
Mayor Ferre: Is that so?
Mr. Knox: It has not been changed in a manner that would benefit the retired
employees. We will get the current State Statute now.
Mr. Teems: I can guarantee you that Tony Wilcox was the one that hand drug
that thing through the Legislature to be able to change it to come back to
that position.
Mayor Ferre: I want you to bring me...I want y2u to bring me the Law and get
him a copy of it and if it has been changed, and that is so, you got me.
Mr. Plummer: How do we resolve this matter?
Mr. Rauls: Mr. Plummer.
Mr. Plummer: Yes?
Mr. Rauls: The total for the Blue Cross/Blue Shield is $27.10 per month.
Mr. Plummer: So, it would be cheaper to pay your Blue Shield then it would be
to give you the rate increase. If you are talking about $37.00, is what the
City is asking you to pay, the City would be $10.00 better off by...
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD.)
Mr. Plummer: Well...
Mayor Ferre: that is right.
Mr. Rawls: We don't get it. Besides, if you did that, we wouldn't have no
insurance of any kind in death, or anything else, or employees.
Mr. Plummer: 'fir. Rawls, sir. My mother was on medicare. She got pretty
good service.
Mayor Ferre: Well, Gentlemen...
Mr. Plummer: Well, how do we resolve the issue? You know, we were sitting
here arguing back and forth. Nobody really has all of the answers.
Mr. Gary: I have got a solution.
Mr. Plummer: Yes, I have got a solution.
them go iron it out, and I don't volunteer.
1.68
Form a committee Mayor, and let
MAY 2 71982
0
Mayor Ferret Mr. Plummer...
Mr. Plummer: We are sitting here hassling and nobody has all of the answers,
and we are getting nowhere fast.
Mr. Gary: Well, I disagree. We have the answers now. You may not choose to
listen to them, but we have given you answers, and we have given you a recom-
mendation.
Mr. Plummer: Howard, let me tell you something, buddy.
Mayor Ferret I am ready to bite the bullet.
Mr. Plummet: You know, the thing is nice to say that you have got the ans-
wers, and I am going to say I am going to give you the benefit of the doubt.
Mr. Gary: Thank you.
Mr. Plummer: The law is on your side, but let me tell you something. I've
got to look at these people, and I have to look at them day in and day out,
and I want to tell you, this City has got some obligation to these people.
They gave of their life to this City, and this City owes them something.
Where we are falling apart, is how much does the City owe, and how far can
the City go, okay? I understand the law, and I understand what you can do
and what you can't do, but damn there is a moral issue here, where we owe
some obligation to those people.
Mr. Gary: Commissioner Plummer, I would like to respond to it this way. There
is also a law against you for not letting this fund be fiscally solvent, but
secondly, let's assume that you have got to do that. Fine, hold off on the
retiree, and let's go with the other, until you get to tali and come back.
Mrj Plummer: Well, you know, to me it is a simple thing. You know, as far as
the regular employees, Don, as I see it, you have got to take a cost factor.
You have got to get a contributing factor from the employees. You have got to
get it from the City. Add the Administration costs and divide it by the number
of employees.
Mr. Teems: Or, we have the option of going our own way, Mr. Plummer.
Mr. Plummer: Well, you know, I heard you all talking...
Mr. Teems: And I don't have to stay with the City's self-insurance trust. All
the City has to do is pay me what they contracturally obligated to pay me. I
will go on my own. At least I will know where the trust is.
Mr. Plummer: Well, that might be an alternative.
Mayor Ferret Where is the Commission...
Mr. Teems: That is the alternative we made them, that is exactly the alterna-
tive that we*made them, because we don't trust the City Administration with
our trust any more.
Mr. Plummer: Well, I am not going that far.
Mr. Teems: It is employee's money as well as employer's money and it is con-
tracturally obligated money. It is not the City's trust. The employee's in-
surance trust is part of their overall insurance trust. The only trust that
is really a trust in there is this one, because it is employee - employer
contribution. They have got trustees. They have a fiduciary responsibility
that they haven't lived up to.
Mr. Plummer: What is the obligation of the City, Mr. Gary, contracturally.
Is it a dollar amount?
Mr. Gary: It is a percentage.
Mr. Plummer: A percentage of payroll?
m
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MAY 2 ? 1982
Mr. Gary: No, a percentage of cost per employee.
Mr. Plummer: Percentage of cost for employee.
Mr.Rosencrantz: Each of the union contracts varies a little bit in terms of
participation and basically it is an 80-20 split on cost.
Mr. Teems: No, no sir. That is an 80-20 split on the personal coverage.
The dependent coverage depends on the contract of the bargaining unit, and
it is a specific amount. Read Article 17. You have it right in front of
you.
Mr. Plummer: Well, what I understand you are saying is, "City, you owe us
11V number of dollars, okay? Give us that and let us Administer it."
Mr. Teems: Absolutely.
Mr. Plummer: And, what you are also saying, as I understand it, is, that if
there is a deficit, you are going to cover it.
Mr. Teems: Absolutely. and also, Mr. Plummer, we will take a retiree.
Mr. Plummer: What would happen, in a given situation, such as that, if a
person does not belong to the union?
Mr. Teems: Then the City would be responsible for setting up an insurance
trust for him.
Mr. Plummer: That is no good.
Mr. Knox: Mr. Acting Vice -Mayor...
Mr. Plummer: Yes, Mr. Lame Duck Attorney? Quack! Quack!
Mr. Knox: I have gone five and one-half years without making a mistake, and
in my last days I must acknowledge that I did make a mistake earlier.
Mr. Plummer: You made a mistake really, because here comes Carollo walking in.
He has been waiting for five years to hear that.
Mr. Knox: The Florida Statute was amended in 1981, and it does give the City
Commission an option to pay the costs of insurance premiums for retirees.
Mr. Teems: You said we got you, Mr. Mayor.
Mr. Plummer: Well, let me ask one other question, and then I am going to be
quiet.
Mayor Ferre I will tell you what - I will tell you what I will do. I am
ready to make a motion and as far as people that are 65 years or over, I think
it is time for us to bite that bullet. You are talking about $175,000 a year,
is that right?
Mr. Gary: $151,000.
Mayor Ferre: Okay. I am ready to make a motion on that right now. That is
it. I am not going to...I don't...
Mr. Plummer: Well, what is the caliber of the bullet. You are saying you are
going to bite it. I would like to know what it is.
Mayor Ferre: I am going to bite a $151,000 a year bullet. That is the one
I am going to bite. I am not biting nothing else.
Mr. Plummer: Now, where is that money going to be paid from?
Mr. Gary: Oh, you are concerned about that now?
Mr. Plummer: You just keep it up.ind you are going to join George, here.
Mayor Ferre: If nobody else is willing to, I am willing to trove it.
Mr. Plummer; Well, but where is the money goins to come from, and what coverage,
and what increase, and is that it? You are talking about a percentage situation.
ld
Mayor Ferre: I am going to support the Administration's position in ever thin
ord) ��Al 7 ay
except... (end of statement not placed_1tfjf�jthe public rec
Mr. Plummer: The question I am asking, Mr. Mayor. You can't say that we are
talking about $151,000. What about deficits? The way hospitalization costs
is going, Mr. Mayor, you could be $251,000 in another six months.
Mayor Ferre: I am not willing to go beyond that. I am willing to go from
$150,000 that we are talking about right now, that is all.
Mr. Plummer: Is the money coming from the fund?
Mr. Teems: Can't. That is part of employee's fund.
Mayor Ferre: You can't take it away from them. I am willing to contribute
that additional money.
Mr. Gary: Mr. Mayor, I would accept your recommendation with the understanding
it will come back to the City Commission for funding, and I am happy to do
that, Commissioner.
Mayor Ferre: And that, tonight is the limit of what I am willing to go, and
we will talk about the funding later on, is that what you are saying?
Mr. Gary: Yes, Mr. Mayor.
Mr. Plummer: You move it?
Mayor Ferre: I'll move it!
Mr. Plummer: I will second it.
Mayor Ferre: I move that the City of Miami pay the additional $151,000 for
the retired employees that are 65 years or older.
Mr. Plummer: That is with the full understanding that I am seconding that
motion based upon - that is it. If it comes up further deficit, that is as
far as we are going to go.
Mayor Ferre: Well, if there is further deficit, it will be a problem of a
Commission and they can deal with it.
Mr. Teems: You see, you have a problem. On one hand, you are the insurance
company. On the other hand, you are the City Administration, or the employer,
and you cannot say on one hand that is enough because you are the insurance
company. If Equitable didn't come with the rate increase and it cost them
$50,000 more in a year, they would have to pay that, and then next year they
would have to try to.make that up.
Mr. Plummer: They always do it.
Mr. Teems: No they don't. We went another way, didn't we? We were damn
fools, I think, Mr. Plummer, because the trust now ...
Mr. Plummer: We paid for a dead horse
Mr. Teems: That is right.
Mr. Plummer: Well, let me ask one other question on this thing under dis-
cussion. Mr. Gary, it is my understanding, from State law, that the City has
to provide an alternate in the form of a H.M.O. That is mandatory, If it is
not ... is that Federal law?
Mr. Gary: No, it is Federal law.
Mr. Plummer: Okay. What has this City done in providing or complying with
the law?
Mr. Gary: We have complied, the ball is in the Union's court to make
a decision on the selection of an H.M.O., and we are still waiting that de-
cision. We have submitted numerous correspondence, encouraging them, and
urging them to make a decision and we have run into some difficulty with them
making a decison.
Id 1171 MAY 2 71982
r
Mr. Plummer: Why is the union afforded the opportunity of making the de-
cision? I don't understand that.
Mr. Gary: Well, there are some specific regulations that require them to
make the decision, and I think it is good, on the type.
Mr. Plummer! Okay, I am just asking.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD.)
Mr. Plummer: Well, what about the costs, that is what I am worred about.
Mr. Gary: .Well...
Mr. Plummer: Is that decision finally left with the Commission?
Mr. Gary: The decision and the law says that we... the City is not obligated
to pay any more then it is paying now by way of going to the H.M.O. There
could be an opportunity also to save money, and obviously, if there is a
savings, then the employees share and the employees will share in those savings.
Mr. Teems: But, you see, Mr. Plummer, if you pass this resolution, where you
are going to put us in the position of filing a minimum of an unfair labor
practice, and that is going to put us in the position of...
Mayor Ferre: Wait a minute,.......
Mr. Teems: I know it is fine with you. You know, it is not your money, it
is ours.
Mayor Ferre: You mean, for the $151,000 that we are putting up?
Mr. Gary: No, he is talking about the one that you haven't voted on yet,
which is support, which your Administration has asked you to do.
Mr. Teems: Right. The original resolution. If you do that...
Mayor Ferre: Wait a minute. One thing at a time. I want to get the senior
citizens, 65 years or over settled down. Ara we ready to vote on that?
Mr. Dawkins: No, wait. I still have got discussion.
Mr. Maffe: So they can go home.
Mr. Dawkins: The discussion is, the same thing that we are saying. What
happens to the ones under 65 years old? Are we going to come into that later?
Mayor Ferre: No, sir. Not me.
Mr. Gary: No, thay have to pay it - can't afford it.
Mr. Dawkins: (INAUDIBLE) I know, I'm just saying..........
Mr. Plummer: We are going to isolate 65 and over, only.
Mr. Dawkins: Call the roll.
Mayor Ferre: (INAUDIBLE) There was a gentlemen who wanted to talk
about this. Do you want to say something about it? Your name and address
for the record.
Mr. Joseph Leverone: My name is Joseph Leverone. I am retired from the City
of Miami. I am at 6345 S. W. 30th Street. What I would like to know...you
made a suggestion on the citizens, or retirees over 65.
Mayor Ferre: Yes, sir.
Mr. Leverone: How about the ones under 65?
Mayor Ferre: We are not dealing with those today.
Mr. Leverone: You are not dealing with those today. Thank you.
ld 1'72
MAY 2 71982
Mr. Gary: We can't afford it.
Mayor Ferre: All right.
Mr. Rawls: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Rawls: May I bring it in, the City Attorney said that he made a mistake
two years ago, or better on the $3.27, now, can he...
Mr. Gary: No, that's not what he said.
Mayor Ferre: I dodn't hear the man say that.
Mr. Gary: No, he didn't. He said he made a mistake in the ruling earlier,
where he said the law said we couldn't do it.
Mayor Ferre: Okay.
Mr. Rawls: That the City could pay it.
Mayor Ferre: Yes.
Mr. Rawls: Now, what do they want to do about it? Do they want to pay us
all that back, or do they want to start picking it up now?
Mr. Gary, Oh, come on.
Mayor Ferre: What do you think?
Mr. Rawls: Now, Mr. Plummer said...
Mayor Ferre: What do you think?
Mr. Teems: He did say it once, then you said the law, which was right, the
law said he couldn't do it. Now, the law says he can do it.
Mr. Rawls: So, what do you think you should do with it?
Mayor Ferre: I think we should... it is almost 8:00 o'clock, and I think we
ought to do it for the people 65 years or over and get that behind us, and
we will talk about the rest of it the next time.
Mr. Rawls: Now, Mr. Plummer mentioned that we could get other insurance, so
you get 65, you take other insurance out and you drop the City insurance. You
don't have any death insurance, or anything else, which they pay now....
Mayor Ferre: I realize that.
Mr. Rawls:.... which goes down $1,000 a year for so much...
Mayor Ferre: I wish I could sove all of your problems. What we are going to
do is, we are going to at least take care of the people that are 65 years or
over, okay? We will deal with the other issues. Maybe, we may want to go
down with those that are 60 and over, and then we will stop there. I don't
know. We will see. For now, let's do this. We are ready to call it - the
motion, aren't we? Joe, you have got to call it, because I made the motion.
Call the roll.
1'73
MAY 2 71982
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 82-473
A MOTION OF THE CITY COMMISSION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO EXPEND AN ADDITIONAL AMOUNT OF NOT TO EXCEED
$151,000 IN ORDER TO COVER THE COST OF INSURANCE PREMIUMS FOR
RETIREES 65 YEARS OF AGE OR OLDER.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
(INAUDIBLE COMMENTS NOT PLACED INTO THE PUBLIC RECORD
Mayor Ferre: There is a motion that we follow the Administration's recommenda-
tion. Is there a second?
(INAUDIBLE COMMENT NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: That is it.
Mr. Plummer: Let me tell you why I won't second the motion. All right: Look,
the law doesn't say we have to agree with them after negotiation. The law
says we have got to negotiate. Now, if I can stop a lawsuit by sitting
their butts down and negotiating, hopefully in good faith....
174
MAY 2 71882
Mr. Gary: J. L., that is not true.
Mr. Plummer: Hey, Howard, I don't want to get in any more lawsuits! I am
tired of lawsuits. All the law says is that you have got to sit down and talk
with them. Talk with them!
Mr. Gary: No.
Mr. Plummer: After that, you don't have to agree with them.
Mr. Gary: Let's correct the record. We have talked with them, and it is not
a requirement, based on our interpretation, that we have to do that, but we
have done it. Now, it appears that to avoid a lawsuit, you know, using that
as a leverage, you know, that is going to be on everything we do.
Mr. Plummer: That is always a case around here, anyhow.
Mr. Gary: Any time you have a contract, you have a lawsuit.
Mr. Rosencrantz: Commissioner Plummer, just for the record I talked ... may I
have your attention for a moment?
Mr. Plummer: Sure, why not.
Mr. Rosencrantz: Okay. I talked to Lansberg, the Labor Commissioner about
this particular topic. His response to it was simply the fact that he would
give me some documentation, that in the course of negotiations for the union
contract, the matter of the contributions to the fund did come up. The City
was asked to pay 100% of the cost and it was refused, and it was indicated
that there would be no change in the proportions. That was decided as part
of the collective bargaining agreement at that time, so...
Mr. Plummer: Who made that statement?
Mr. Rosencrantz: The Labor Commissioner.
Mr. Plummer: And where is he?
Mr. Teems: You mean Dean Mielke, the Labor Relations officer?
Mr. Rosencrantz: Yes.
Mr. Teems: He is absolutely right. We were talking about the difference in
the split. We were not talking about what the premium is going to be. That
was never mentioned. In fact, it is not in the contract at all.
Mr. Rosencrantz: The premiums and specific amounts have never been in the con-
tract.
Mr. Teems: Absolutely. It is tied up in the prevailing benefits of the con-
tract.
Mr. Plummer: Hey, you guys can argue all night long, you ain't got the votes,
and that is the name of the game!
Mayor Ferre: Who doesn't have the votes?
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC. RECORD)
Mayor Ferre: Well, who has the votes? I mean, there are five people here, and
we know, where are the votes?
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: Miller made the motion, nobody seconded it. so there is no motion.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: And I...
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Id V MAY 2 7198C.
C
�'
Mayor Ferre: All. right, and Mr. Manager. Mr. Manager, you sit down and nego-
tiate.
Mr. Gary: No, we would not negotiate. We will explain to them what we are
recommending, and why.
Mr. Plummer: Well now, Gary, sir...
Mayor Ferre: You don't have to negotiate. I think...
Mr. Gary: There is a contract.
Mayor Ferre: Yes, but be careful now, Plummer. The legal position of the
City is determined now by the City Attorney's ruling.is that we are not
bound by..:they do not have to negotiate. Now, you can instruct the Manager
to sit down and explain the issues.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Gary: Do you want to go ahead? Do you want to talk for a week?
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Gary: Okay.
Mayor Ferre: So they can discuss it, but where are we?
Mr. Gary: We will discuss it for a week.
Mayor Ferre: You are going to discuss it for a week, and then you are going
to come back and just put it on the next agenda.
Mr. Gary: Yes, Mr. Mayor.
Mayor Ferre: Is there anything else?
Mr. Carollo: Howard, if you are going to do that with them, do it in good
faith.
Mayor Ferre: Sure, he...
Mr. Gary: We always do it in good faith.
Unidentified speaker: Would you say with each union?
Mayor Ferre: With each union, Howard?
Mr. Plummer: Why each union? Why?
Mayor Ferre: Everybody together.
Unidentified Speaker: Because we have different benefits as to the splits.
Mr. Plummer: But, basically you are talking about the same thing, paying
more money.
Mayor Ferre: Bey, everybody in one room. We are not going to have separate
meetings. Everybody in one room.
Mr. Gary: Well, they have one guy doing the talking up there for them.
Mr. Plummer: Be reasonable!
Mayor Ferre: Okay, everybody in one room, okay?
Mr. Teems: Okay, Mr. Mayor, but I have a feeling by the tone of the City
Manager that the...I am afraid it is not going to be good faith, sir.
Mayor Ferre: Don, we have got to...
Mr. Teems: We will try!
Id 1'76
MAY 2 71982
i a
Mayor Ferre: We have got to take these things one thing at a time, okay?
Mr. Teems: I agree. We will try.
Mr. Rauls: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Rauls: What did you do about the $153,000?
Mayor Ferre: We voted for it.
Mr. Plummer: No, it was $151,000. Don't up it to...
Mr. Rauls: Okay, $151,000.
Mr. Plummer: Quit shaving on me.
56. DISCUSSION re: PROPOSED AMENDMEIIT TO CODE SECTION 62-52
("REMOVAL") . re: EXERCISE BY PLAITNING AITD ZONING BOARDS OF
THE POWER TO REMOVE BOARD MEMBERS FCR 11011ATTEITDANCE TO
BOARD MEETINGS.
Mayor Ferre: All right, we are now on Item 45. Now Joe, this is your item.
Carollo, this is your item - Item 45. This is amended 45. Now you are here
as an opponent. Now, who do you represent?
Mr. Mark Wolfe: I am here an a lawyer who works in downtown Miami.
Mayor Ferre: What is your name?
Mr. Wolfe: Mark Wolfe, and I am with the lawfirm of Bender,.Chandler, Wolfe,
& Cosgrove, and we...
Mr. Carollo: You are not representing anybody, sir?
Mr. Wolfe: No.
Mr. Carollo: I am surprised that you have taken such an interest in it. I
mean, I am glad that you are taking part in government, but it is not that
common for someone just to come out of the street and take an interest in
something if they don't have a client to represent.
Mr. Wolfe: Commissioner, there are a group of lawyers who do look over the
shoulders of the legislative process in the City of Miami, particularly those
who are involved in zoning matters, and...
Mr. Carollo: Oh really. Let me ask you this, sir. Do you live in the City
of Miami?
Mr. Wolfe: I work in the City of Miami.
Mr. Carollo: But you don't live in the City of Miami?
Mr. Wolfe: No.
Mr. Carollo: Well, that is something that is extremely important to me, and
I will tell you why. This board that we are referring to has to precisely
with the City of Miami....
Mr. Wolfe: I have many clients that have dealings with the City of Miami.
Mr. Carollo:.... for people who live in the City of Miami. Now the only thing
that that could tell me is that you might be concerned about people that
might vote favorably for you in the Zoning Board, that maybe because they
missed some meetings in the future, they might not be there.
177
MAY 2 7 1982
�`N
Mr. Wolfe: No, that is not...
Mr. Carollo: Otherwise, I cannot see why someone should be concerned with
that.
Mr. Wolfe: Maybe the thing to do is to listen to my comments, sir. If I
respectfully...
Mr. Carollo: Well, I will now after I clarify the record as to who you are
and to whether you live in the City or not. Go ahead, sir.
Mr. Wolfe: I have already told you that I don't live in the City, but I
am an attorney practicing in the City of Miami, and I have many clients that
appear before the Zoning Board, and therefore, I have a concern when the
City of Miami decides to propose legislation that I believe to be legally
defective. - I believe that Section C.(ii) of proposed ordinance, which creates
a retroactive application back to January of 1982, is legally defective. Any-
one under current law, if I may, Mayor, finish...
Mayor Ferre: Sure.
Mr. Wolfe: Under current law, anyone who is sick and missed a meeting, was
allowed to rely on the law that that was a defined, excused absence. This
would retroactively eliminate that person from the Zoning Board. I think
that first of all, is a bad policy. I think it is a bad...
Mayor Ferre: Have you talked to ary members of the Zoning Board about this?
Mr. Wolfe: Sure have, yes.
Mayor Ferre: Has Mr. Freixas, in particular, been in...
Mr. Carollo: Is he your client? Did he speak to you about this?
Mr. Wolfe: No. Yes, I have spoken to Mr. Freixas, among others... two other
people, also.
Mayor Ferre: Okay, did you approach Mr. Freixas, or did he approach you?
Mr. Wolfe: He approached me.
Mayor Ferre: Okay. I want to thank you for your honesty, and I admire that.
Thank you.
Mr. Carollo: I do too. Thank you.
Mr. Wolfe: I think that first of all, that it is legally defective. I think
more importantly, that it is a very bad precedent for the City of Miami to
establish in retroactive application which would take away privileges that
are set down and defined. I think that the Mayor should not enter on this
course. I would ask you to eliminate Sub -section C.(ii) from that proposed
ordinance, and I hope that you will.
Mayor Ferre: I tell you, I want to thank you for being here, and I want to
thank you for your honesty, and I wish that I could document a little bit
clearer some of the things that some of us know about some of the members of
the Commission, but I would not want to create any clouds over anybody, un-
less it could be proven. Believe me, if I could prove any of these things,
I would be in the State Attorney's office so quick, I couldn't do it quickly
enough. But, I don't think that is an issue before us at this time.
Mr. Plummer: You said the City Commission?
Mayor Ferre: No, not Commission members. The Zoning Board.
Mr. Plummer: Board.
Mayor Ferre: The Zoning Board. But, I have no proof, and I don't want to
cast any aspersions, and I don't want to cast any clouds over ... but, I do think
that we have had some people that have acted rather badly. They have been
vague, and there has been an awful lot of Mickey Mouse stuff going on, and I
would like very much to see if we would clean that thing up, if possible.
1.'78
d MAY 2 7 Igor.
Mr. Wolfe: Well Mayor, I think that you know me, and I think that you know
that I am a civic activist, and I really do feel that it is a very bad prece-
dent, that this ordinance sets. I think it is an unfortunate precedent, Mayor.
Mayor Ferre: Okay, I think that you have somewhat of a valid point, and
that is why I keep asking Mr. Knox if this is legally doable, because I asked
him that same question. I am not a lawyer, but I asked how we could pass a
law that is retroactive, and he explained it three times, and this is the
fourth, Mr. Knox.
Mr. Knox: The City Commission has the power to pass an ordinance and give
it retroactive effect, because in doing so, it does not affect in a legal
sense, any expectation, or right, or privilege on the person that may be
affected by it. In other words, the ex post facto prohibition is related to
criminal matters. As to matters that are not criminal, the only thing that
the City must insure is that the person affected does not have any constitu-
tional right impaired. I can point out, if the City Commission should choose
to give a retroactive effect, that members of the various boards do serve at
the pleasure of the city Commission, and therefore, subject to summary dis-
missal, provided that minimum due process is afforded them, and in the event
that there is an individual who would become disqualified by the retroactive
application, there is built into the ordinance an appellate process, whereby
they would have an opportunity to appear before the City Commission an appeal
from a decision that would disqualifiy them, and in the event that they are
further aggrieved that action of the City Commission, they would have the
opportunity to take the matter to a court of competent jurisdiction.
Mr. Plummer: What is your recommendation, Mr. Knox?
Mr. Knox: My only suggestion is that the ordinance that has been drafted has
been approved by the City Attorney office as to form and correctness.
Mayor Ferre: It has?
Mr. Knox: Yes, sir.
Mr. Plummer: To form - that is to form and content.
Mr. Knox: As to form and correctness.
Mr. Wolfe: I would just point out that I think he has pretty accurately
stated what the position of the City Attorney's office is. I think that,
however, that the question of whether or not there is any type of expectation
or rights created here has not fully been litigated in any court of competent
jurisdiction.
Mr. Carollo: Well, maybe you could have the opportunity to, if this Commission
approves this.
Mr. Wolfe: I hope that that would never occur; I really do, Commissioner. I
would never want to put myself in that position.
Mr. Carollo: Well, sir, I will tell you, you know...
Mr. Wolfe: And I really don't think that the City would want to be put in
that position.
Mr. Carollo: I really, you know ... I just have to shake my head, and I appre-
ciate your honesty, but when I see that someone in that board goes out purpose-
ly and gets an attorney to come before this Commission today, so that they
could challenge a law that according to our City Attorney is solid in his
opinion....
Mr. Wolfe: Well, I don't think he said that.
Mr. Carollo:.... that bothers me, and that makes me lose even more confidence
in that individual.
Mr. Wolfe: Well, I don't think we are talking about, first of all, any indivi-
dual, and I hope you don't focus your attention on any one individual. I
don't think that would be fair, and I would not want that to happen as a result
of my appearance here, but Commissioner, I would like to point out to you that
3179 MAY 2 7 9 982
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I think that making a precedential policy change to eliminate retroactively a
definition in an ordinance that has been in existence for some time, and has
been accepted, I have no problem with a current application of that, taking
out Sub -paragraph (ii). I just think that you are putting yourself in a very
inappropriate, improper position...
Mr. Carollo: Sir, how many years have you been practicing law for?
Mr. Wolfe: Five years.
Mr. Carollo: Mr. Knox, how many years, sir, have you been practicing law,
and how many schools did you teach in?
Mr. Knox: -Nine years and two schools.
Mr. Carollo: Okay, I will go with George Knox in this one.
Mr. Wolfe: I think that you ought to consider also, Commissioner, the in-
appropriateness of what you are doing. Let's not focus necessarily...
Mr. Carollo: Sir, I appreciate the feelings as you have expressed it, but
you know, it is apparent to me that you have a biased ... you have business that
you bring before our Zoning Board, therefore, it is to your advantage to be in
very good relations with a member of that board, because it would be beneficial
when you have clients before that board. So, I appreciate your time in coming
here and calling some of our offices, but it certainly appears to me like you
have a personal bias in this matter. -Therefore,, our City Attorney has given us
his best legal opinion. I think George Knox is a heck of a competent attorney.
Mr. Wolfe: I do too, and I am not challenging that. I think that lawyers lots
of times argue about things.
Mr. Carollo: Well, certainly.
Mr. Wolfe: And, please, I don't want you to look into my personal biases. I
think that everybody has biases about things.
Mr. Carollo: That is true.
Mr. Wolfe: I think that what I am saying here is that I think that the City
of Miami is setting a very unfortunate precedent by retroactively applying
and exclusionary ordinance, and I don't think that that is the kind of prece-
dent that the City of Miami ought to be involved in, and I thank you very much.
Mr. Carollo: What I would like to do, Mr. City Attorney, is go into some
other areas and give Commissioner Perez time to get back and we will handle
this when we have a full Commission.
Mr. Plummer: May I ask a question?
Mr. Carollo: Surely.
Mr. Plummer: The resolution that you have prepared, Mr. Knox, does that
apply to all boards?
Mr. Carollo: Zoning and Planning boards.
Mr. Plummer: I said all boards.
Mr. Carollo: No, I said Zoning and Planning boards.
Mr. Plummer: Only.
Mr. Wolfe: It applies to two boards.
Mr. Plummer: Okay. Is there any prohibition against applying it uniformly
across the board to all boards?
Mr. Carollo: I .would have no problems with that myself on that, J. L.
Mr. Wolfe: Mr. Plummer, the only thing I would say is that I think that that
is no solution to a problem, and what I indicating to you is that if an
ld 180 MAY 2 71982
ordinance provides that certain specified....
Mr. Plummer: Civil services is paid.
Mr. Wolfe:....acts are permitted acts are permitted, and you retroactively
say that those are no longer permitted, and not only are they not permitted,
but they will end up in without a hearing, an automatic exclusion, a removal,
an automatic by operational law removal, then I think that is a bad precedent.
Mayor Ferre: We have got to move along, one way or the other. Look, out of
courtesy to you, you have been here all afternoon. I said we would listen to
you, but I don't want to take up things that are controversial in nature un-
til we have a full Commission here, so if you want to wait, fine. Otherwise,
move it along.
Id 181
MAY 2 71982
57. BRIEF DISCUSSION ITEM: REQUEST BY JAMES L. WILLIAMS FOR A
BUILDING PERMIT.
Mayor Ferre: We'll recognize you at this time. Go ahead. What's your
problems? In the future speak out when you have a ... you've been here
all afternoon. I've asked on several occasions if there were any other
issues that needed to be taken up. What's your problem?
Mr. James L. Williams: Mr. Mayor, gentlemen, my name is James L.Williams,
I own Tran-seas Marine Corporation on the River. I have been cited for
having a houseboat, or a house trailer on my lot in the houseboat. The
City has demanded that I take it out. They gave me six months to do so.
I proceeded....
Mayor Ferre: Yes, sir.
Mr. Plummer: What is it?
Mr. Williams: Six months.
Mayor Ferre: It's a pocket item.
Mr. Plummer: No, no, what is it the City has ordered you to remove?
Mr. Williams: A mobile home.
_�M Mr. Plummer: Where is it?
Mayor Ferre: On the river.
Mr. Williams: In the boat yard on the river.
Mayor Ferre: What boat yard?
Mr. Williams: Trans -seas Marine.
Mayor Ferre: What?
Mr. Williams: Trans -seas Marine Boat Yard.
Mayor Ferre: Where is that?
Mr. Williams: 1955 N.W. South River Drive.
Mayor Ferre: And what can we do for you, Mr. Williams.
Mr. Williams: I went to the extreme, I fought it for a year to put a
building up there (in the yard). Finally I had the plans drawn, approved
to put a mobile... not a mobile, a pre-fab office building on the lot in
the boat yard. Everything was passed, building, zoning, planning, zoning,
everything except environmental.
Mayor Ferre: Except what?
Mr. Williams: Except environmental. We are not cutting down any trees.
We are not cutting a blade of grass or anything else. Dick Whipple came
out and approved this site. We're not cutting down any trees. Still....
Mayor Ferre: What is your problem?
Mr. Williams: My problem is I need my building permit to put this....
Mayor Ferre: Why can't you get a building permit?
Mr. Williams: Because environmental won't approve it.
Mayor Ferre: Environmental Board?
Mr. Williams: Environmental Board.
Mayor Ferre: O.K., so in other words, what you are doing is, since we don't
have an Environmental Board sitting, you are appealing directly to the
Commission.
sl 182 1982
MAY 2 7
Mr. Gary: Mr. Mayor, this is a little bit more complicated than what you
are being led to believe. There are some serious violations and I'd like
Walter Pierce of my staff to discuss this particular case. If I had known
this was going to be brought up I would have had the Building Department
down here.
Mayor Ferre: All right, Walter.
Mr. Walter Pierce: Mr. Mayor, basically there were a lot of violations
including people residing on the boats docked at the facility without
adequate and required sanitation facilities. There was nothing
on the property that met. This has been an on -going violation for, I
think, in excess of a year. As a matter of fact there has even been court
action on this particular case. The courts gave the land -owner here
six months to take care of his violations. At then end of the fifth
month, the City staff notified him that he had not attempted to do
anything. It was at that point that he became frantic and started trying
to get permits. He has a court date, I think, early next month.
Mayor Ferre: What's the Manager's recommendation?
Mr. Williams: Mayor, Mayor, all the violations have been corrected up to
the point of even rewiring the complete boat yard. It has been rewired.
Everything has passed. Everything is legal. Everything in the whole
boat yard except this trailer. Up until six weeks ago... we met down at
zoning and everything is approved, everything is passed, all the violations
have been corrected.
Mayor Ferre: Mr. Manager?
Mr. Williams: Every one of the violations have been corrected except
this trailer.
Mr. Plummer: Well, is the trailer to be removed?
Mr. Williams: Yes.
Mr. Plummer: Why haven't you removed it?
Mr. Williams: Because I've been trying to get the building permit to put
this mobile home... not mobile home —pre -fabricated manufactured dwelling
for use as an office with bathroom restroom facilities.
Mayor Ferre: What's your recommendation?
Mr. Gary: My recommendation is that the City Commission not act and that
we proceed through the normal administrative processes with this gentleman
which obviously will end up in court also.
Mr. Carollo: Did he go through all the proper procedures already except
going through that committee that we just appointed some people to today?
Mr. Gary: The issue is it's not just the Environmental Preservation Board.
There are some serious Code violations in that area and the neighborhood is
up in arms about some very serious violations that I don't want to go over
at this point in time.
Mr. Carollo: O.K.
Mayor Ferre: You'd better come over here and whisper them in my ear.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: All right, we've heard both sides now. Is there anything
else you want to add to it?
Mr. Williams: Mr. Mayor, we have the zoning W-I Zoning, everything
conforms. Here are the blueprints signed by architects, signed by
everybody that is necessary. The Building Department, the Plumbing
Department, the Electric Department, the Zoning Department. It's zoned
properly. Everything is right, expect the environmental; they turned
al
183 MAY 2 7 0
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Mr. Williams (CON'T): ....down for no apparent reason at all. Mr. Whipple
came out and approved it, the job site.
Mayor Ferre: What is the will of the Commission?
Mr. Plummer: Since this is in a court procedure... and I don't think it's
right to come here and ask us to take away from his right to his day in
court. Obviously the thing that is being said is that the man is not
coming here with clean hands. I don't know. This is not a regular item.
There are a lot of things that have obviously not been cleaned up that you
have been instructed to do. And you must come in here with clean hands,
and as far as I'm concerned....
Mayor Ferre: All right, here is the way we are going to handle it. The
Administration's statement that has been made on the record, and the one
that was made off the record was even stronger is obviously not one that
supports much confidence in what is going on here. As far as I'm concerned,
I think I'm willing only to go this far. I agree with Plummer, there is
not much we can do here. If you want I can schedule it for a regular
agenda item for the next Commission meeting. And then it can be discussed
in a more thorough light.
Mr. Plummer: Mr. Mayor, if you do that, then the courts are going to rule
that it's a stay; and they are going to want nothing to be done until
the Commission action.
Mr. Walter Pierce: Mr. Mayor, may V I have a member of the staff on
the phone and they are saying that the Building Department conducted an
enforcement blitz in that area on this past Tuesday. There were other
violations found in addition to this. They are saying that it's not
cleared up... everything as the owner says.
Mayor Ferre: Sorry about that.
Mr. Williams: I am not aware of that.
58.1 STIPULATING THAT ALL PERSONS APPEARING BEFORE THE COMMISSION ON
ZONING MATTERS BE PLACED UNDER OATH BEFORE ADDRESSING THE
COMMISSION.
Mayor Ferre: Let's move along now on the other agenda items. Is there
anybody else here that wants to discuss any other issues? All right,
then we are going to go back to the regular agenda... if I can find it,
now amongst all this mess... Mr. Manager, as I recall, we were on item
24? Pick up item 24. It's an ordinance on second reading - Planning
Department application. Last time it was moved by Plummer and Dawkins.
Plummer, do you want move?
Ms. Janet Cooper: No, sir, there is some discussion.
Mayor Ferre: All right, let's hear the discussion.
Ms. Cooper: First of all, it is not a Planning Department application.
It's a Law Department application and it's 24 and 25 together. We need
to explain what this is. This is a section that deals with appeals and
may be taken from the Zoning Board in granting variances and conditional
uses. The way the Zoning Code is written now... I'd rather wait for
the rest of the Commissioners to come back.
Mayor Ferre: Don't wait, because we're leaving here in 45 minutes.
184
MAY 2 71982
Ms. Cooper: The way that the ordinance is written now, an applicant has
a choice pursuant to Florida Statutes to choose whether he has review
by certiorari or by de novo hearing. By certiorari means the record that
was made before the City Commission and before the Zoning Board is the
only item that the court will look at. There was a recent case that just
came out this week that upheld that principle. A de novo hearing means
that the people will go into court and present new evidence and start
all over again, bringing in expert testimony and having new witnesses
and all that kind of stuff. As you can imagine, that's very, very expensive
for someone to do, and most of the time when there are appeals from the
actions of the Zoning Board and the City Commission, the people do not
choose to go by de novo hearing because of the expense involved. There
was a case in which one applicant wanted to have a de novo hearing because
he felt he didn't have the opportunity to present all his evidence before
the Zoning Board and the City Commission. The court held that he did have
the right, and as a result the Law Department is trying to eliminate that
right.
Now, I would not have a problem with eliminating the right to a de
novo hearing if we have full rights in making our presentation to the
Zoning Boards and to the City Commission. But as you are well aware, the
_ are serious time constraints before both the Zoning Board and the City
Commission; and there are a number of times when applicants, not only
myself but many other applicants or objectors, have not been able to make
all the points that they needed to make before the board. Furthermore,
before this Commission, people are not sworn in, they are not under oath.
There is no legal obligation to tell the truth. In addition, one of the
most absolutely important rights in trying to make an intelligent decision
which is the right of cross examination of witnesses is denied before both
the Zoning Board....
Mr. Plummer: What happened to the plan whereby we were going to swear
everybody in on Zoning?
Mayor Ferre: Swear them in?
Mr. Plummer: Yes.
Mayor Ferre: Swear them in for what?
Mr. Plummer: For perjury.
Mayor Ferre: What does that have to do with her?
Mr. Plummer: No, nothing. I was just wandering what happended to it.
Ms. Cooper: The right to cross examine the other side to ask them questions
is denied to people before the City Commission and Zoning Board. Without
people being under oath, without people being able to ask questions and
get them answered, without people being able to speak and get all their
points in, it's virtually impossible in many instances to get all of your
evidence presented. That's why it is so important to have the opportunity
to have a de novo hearing which is almost never utilized.
Mayor Ferre: O.K.
Ms. Cooper: I just don't think it's right to eliminate that.
Mayor Ferre: Janet, your three minutes are up. Now it's time for the
rebuttal, if any.
Ms. Cooper: My point is made, thank you, Mr. Mayor.
Mr. Plummer: I'd like to asks question. Yes, your point is made on his
cutting you off. Mr. Knox, refresh my memory. A couple of years ago we
instigated a policy that all people that were testifying on zoning matters
were to be placed under oath. Why are we no longer doing that? Is it a
matter of convenience; that it was too time consuming? Or was there a
test case? Or why aren't we doing it any more?
185
sl 0/271982
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Mr. Knox: One of the things that this ordinance addresses is the fact that
we never codified a procedure whereby the City Commission would sit as a
quasi-judicial body which would then require the making of the kind of
record that would include sworn testimony. That was a policy choice that you
made for efficiency and administration in these zoning matters, because
if you would choose the other alternative, then it would be necessary to
swear witnesses and to engage a court reporter to record the procedings.
Mr. Plummer: You mean we can't do it with our own record?
Mr. Percy: The City Clerk's record would also suffice in terms of making
a proper record for the circuit court review.
Mr. Plummer: I make a motion at this time that henceforth all people
testifying in zoning matters before this Commission be placed under oath.
Mr. Dawkins: Second.
Mayor Ferre: There's a motion and a second. That's an important issue
now.
Mr. Plummer: Is there any problem? I mean do you have any problems?
Mayor Ferre: No problem with me, but I mean....
Mr. Plummer: I have no problem.
Mayor Ferre: I'm going to vote for it, but I want to make sure the others...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Call the roll.
Mr. Plummer: Mr. Mayor, in fairness to my colleagues, if and when the
other two return, if they have a problem with it, I surely would want
it to be reopened, but as far as I'm concerned, I have no problem with that.
Mayor Ferre: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 82-474
A MOTION OF THE CITY COMMISSION STIPULATING THAT EVERY PERSON
WHICH IS TO APPEAR BEFORE THE CITY COMMISSION IN CONNECTION
WITH A ZONING MATTER SHALL BE PLACED UNDER OATH BEFORE
ADDRESSING THE CITY COMMISSION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
186 MAY 2 71982
sl
58.2 SECOND READING ORDINA110E: AMEND 6871 - ARTICLE XXY.II - CONDI-
TIONAL USE - SECTION 4 - APPEALS FROM DECIS1014S OF ZONING BOARD,
PARAGRAPH (2) - PROVIDE THAT AGGRIEVED PERSONS MAY SEEK
RECOURSE TO THE COURTS BY FILING FOR "WRIT OF CERTIORATI".
Mayor Ferre: Go ahead, Plummer, where are we now?
Mr. Plummer: We have eliminated one.
Ms. Cooper: One of three.
Mr. Plummer: Yes.
Ms. Cooper: Now we need to talk about the opportunity to present all the
evidence and the opportunity to cross examine the other side.
Mr. Plummer: Well, you have that now in rebuttal.
Ms. Cooper: No, sir, we most certainly do not. There have been a number
of times when I have stood here and tried to ask questions....
Mayor Ferre: You don't have me on that.
Mr. Dawkins: Me either.
Mayor Ferre: You don't have two out of three, now, what else do you want?
s�
Ms. Cooper: O.K., my argument is then that instead of doing all this before
the Commission, it's economical timewise and effortwise to allow in those
very few instances and you can ask Mr. Knox how many times there has been
an attempt to have a de novo hearing, to allow that procedure to be an
option to the very few people who want to do it.
Mayor Ferre: Terry, what's your advise?
Mr. Percy: We think that would create a nightmare. In essence what she
is asking, if there are twenty zoning appeals a year on the de novo
proceeding, the Planning Department staff and the Building Department
staff will be witnesses in these procedings and would not get anything -
else done.
Mayor Ferre: Further discussion?
Ms. Cooper: How many times has that happened in the last five years?
Mr. Dawkins: Call the roll.
Ms. Cooper: Once, that I know of.
Mayor Ferre: Further discussion? Is there a motion on item 24, as
amended. Is there a motion?
Mr. Plummer: Oh, yes!
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion on the ordinance on second reading?
Mr. Plummer: Everything with the exception of placing under oath.
Ms. Cooper: That has nothing to do with it.
Mayor Ferre: Further discussion? Read the ordinance.
1
sl 01 Mp,Y 2 71982
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Mayor Ferre: Call the roll.
Ms. Cooper: Point of order, I don't think you understand.
Mr. Plummer: See what her point of order is.
Mayor Ferre: All right.
Ms. Cooper: We're not talking about adding anything to this ordinance.
We're not talking about the three points I'm adding. I was giving you
those three reasons as being very explicit reasons why this should not
be passed.
Mr. Plummer: O.K., let me tell you my feelings so that you know....
Mayor Ferre: Wait, wait, she asked for a point of order. I'm running this
meeting. A motion has been made, a second has been made, you wanted her
to have a point of order. She said something that has nothing to do with
a point of order. Now what is it you want me to do?
Mr. Plummer: I'd like to discuss.
Mr. Dawkins: Call the vote.
Mayor Ferre: Plummer, we're in the middle of calling the roll.
Mr. Plummer: No, we hadn't started.
Mayor Ferre: We started to call the roll. Technically I can say you are
out of order and order the continuance of the call. Out of generosity
in this whole thing and in the interest of time, would you make it 30
seconds, please?
Mr. Plummer: I'll try to make it less. Mr. Mayor, the reason I'm opposed
to her thinking is that it makes the courts a zoning board rather than an
interpreter of the legal. That's all.
Mayor Ferre: Precisely, precisely. Further discussion? 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 XXXII,
SECTION 4(2), APPEALS FROM DECISIONS OF ZONING
BOARD, BY PROVIDING THAT PERSONS AGGRIEVED BY
ANY ACTION OF THE CITY COMMISSION MAY SEEK RECOURSE
TO THE COURTS BY FILING A PETITION FOR ISSUANCE OF
A WRIT OF CERTIORARI IN THE MANNER AND WITHIN THE
TIME PROVIDED BY FLORIDA APPELLATE RULES; AND BY
REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of April 22, 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 J. L. Plummer, Jr.
Comissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
.
sl
MAY 2 71982
. � s
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9429
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
* Mayor Ferre: I vote yes, and I do understand the issue.
59. SECOND READING ORDINANCE - AMEND 6871 - ARTICLE XXXI - VARIANCES,
SECTION 6 - APPEALS FROM DECISIONS OF ZONING BOARD, PARAGRAPH
(2) - PROVIDE THAT AGGRIEVED PERSONS MAY SEEK RECOURSE TO THE
COURTS BY FILING FOR "WRIT OF CERTIORARI".
Mayor Ferre: Item 25.
Mr. Dawkins: Move it.
Mayor Ferre: This is on second reading.
Ms. Cooper: Same thing.
Mr. Plummer: Same thing.
Mayor Ferre: All right, there has been a motion....
Mr. Plummer: Second.
Mayor Ferre: ....by Dawkins and a second by Plummer. Any discussion on 257
Terry, explain to us on item 25.
Mr. Percy: Its essence is the same provision on another section of the Code.
Mr. Plummer: This one applies to variance, the other was conditional use.
Ms. Cooper: I'd just like to ask how many times have appellants asked for
de novo hearings in the last five years?
Mr. Gary: We'll give it to you in writing.
Mr. Percy: Until a recent court decision, that was an inapplicable section
to the City of Miami and we are correcting that by this measure.
Ms. Cooper: It was just as applicable then, there has only been one in
recent history. And it's not such a great burden to the City to allow
the citizens to have their day in court, and that's all I'm asking. If
it's happened once in the memory of the City Attorney's office.
Mayor Ferre: To paraphrase the City Attorney: it would be a nightmare.
Ms. Cooper: It hasn't been thus far, and what we are trying to do is
eliminate something that's been in existence all along.
Mr. Dawkins: Call the roll.
Mayor Ferre: Further discussion? Call the roll.
sl
MAY 2 71982
P%k P
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, BY AMENDING ARTICLE XXXI,
OF SAID ORDINANCE ENTITLED "VARIANCES", MORE
PARTICULARLY BY AMENDING SECTION 6(2) OF SAID
ARTICLE ENTITLED "APPEALS FROM DECISIONS OF
ZONING BOARD"; PROVIDING FOR APPEALS FROM
SAID BOARD BY PETITION FOR WRIT OF CERTIORARI;
AND BY REPEALING ALL ORDINANCES, CODE SECTIONS
OR PARTS THEREOF IN CONFLICT AND CONTAINING A
SEVERABILITY CLAUSE.
Passed on its first reading by title.at the meeting of April 22, 1982,
it was taken up for its second and final reading by title and adoption.
On motion of Commissioner Dawkins, seconded by Commissioner Plummer, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9430
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
--------------------------------------------------------------------
NOTE FOR THE RECORD: Even though the City Attorney fails to read present
ordinance by title at this point, he does so later on.
--------------------------------------------------------------------
60. DISCUSSION AND DEFERRAL OF AGENDA ITEMS 26(a) ABD 26(b) OF THE
HEREIN AGENDA. ISSUE REFEP.P.ED TC WATERFRONT BOARD FOR
RECOMMENDATION.
Mayor Ferre: Take up item 26. Plummer, do you want to move it again?
Mr. Plummer: Mr. Mayor, I only moved this for purposes of first reading.
I have some real serious problems with going out beyond the 25 feet
without it being a conditional use. Mr. Mayor, I think that when you
open Pandora's Box beyond the 25 feet, I think there must be some rigid
controls. Those controls have to be by this Commission. As I brought out
to you before... excuse me?
Mr. Richard Whipple: It stays conditional use, Commissioner PLummer.
Mayor Ferre: What's that?
Mr. Whipple: It isn't to remove it as conditional use, it just changes
some of the regulatory measures within the conditional use.
sl 190 MAY 2 71982
i
Mayor Ferre: I can't read what that says up there, by the way.
Mr. Whipple: It still stays as any docks beyond 25 feet will still require
conditional use approval.
Mr. Plummer: What does this pretend to do?
Mr. Whipple: This amendment is to provide a little more flexibility within
the conditional use framework to take certain factors of development under
consideration which can't be the way it is presently worded. So, it is to
provide more flexibility by which to accomodate certain....
Mr. Gary: Give him an example.
Mr. Whipple: Such as where in the cases that we have coming up, for instance,
we have the suggestion that a public pier be provided at the end of a right-
of-way, for instance. This would allow rather than the angular set -back
adjacent to that pier that the dock could go out a little further, if there
was a public benefit or something to be achieved for this.
Mr. Plummer: But that has to be by a conditional use?
Mr. Gary: Instead of a triangle.
Mr. Whipple: It still has to be by conditional use, sir.
Ms. Cooper: Well, Mr. Plummer, that's not what the ordinance will do, with
all due respect to Mr. Whipple.
Mr. Plummer: What is your opinion?
Ms. Cooper: First of all, you should know that this is listed as a Planning
Department application, but again, we have the situation of it being presented
at the insistence or at the request of two particular developers, Ambassadors
and Grandview, who have already applied, and who had already applied before
they came to the City of Miami for their permits with the State for marinas
which did not comply with the City of Miami regulations. You should understand
that as background, first of all.
Second of all, the way the Code is written, it requires a minimum setback
of 5% of the width of the lot or a 10 foot minimum. This ordinance would allow
that setback to be eliminated completely, and would allow marinas to be
constructed right up to the property line or the property line extended.
In addition, the current ordinance provides for the distance from the upland
to be controlled by virtue of that triangle, which means that the wider
your property, the farther out you can build. By eliminating that setback
and not providing any additional control as to the length of the piers, you
could have piers, conceivably, that would go out for an unlimited distance.
Mr. Plummer: But it still has to be conditional.
Ms. Cooper: Subject to approval... sure it's subject to approval, but there
is no limit as to how far it could be. In other words, you could come before
the Zoning Board and you could get an approval for a pier that would be 900
feet out. So you're not talking about slightly enlarging the potential
marinas. You are talking about an unlimited potential enlargement of the
marinas. Now, I have no problem with eliminating the triangular shape of
the marina. That's,as I have been told, a difficult configuration in which
to build. Although, the existing marinas have never complied with that,
and I don't know how they have gotten away with it. I'll point out the most
recent example of Villa Regina, which is rectangular shape, not triangular
shape. I have no problem, as I said, with eliminating that additional set-
back that causes the triangular shape, but I have a very serious problem
with the provision that would eliminate the minimum setback on the side
property lines. I don't think it is fair to the adjacent property owner
to allow a marina coming right up to the property line. I think that you
must have provisions for entry on to your own property from your own
property. Why should the next person (the person next door) provide
access? It would be like building a building right up to the property line.
And we know that's not good. You could have marinas exactly adjacent to
each other, touching each other, and how would anybody get to use them?
And how would anybody have any reasonable use of their own property?
sl 191 MAY 2 71982
C r
Ms. Cooper (CON'T): That's the first problem that I have with this
proposal. The second problem that I have is that it encompasses the
areas that it doesn't need to encompass. These proposed marinas that
the developers are having are in the RCB district, which is between the
Brickell Avenue bridge and 15th Street, yet this ordinance includes the
R-5 and the R-5-A district. The RCB district where these proposed
marinas are, is generally commercial area which has a different use
from the residential R-5 and R-5-A. It's more important to preserve
the property rights of the people in the R-5-A as far as those kinds
of esthetic uses. So I would ask that you eliminate R-5 and R-5-A.
I would point out also that Cliff Shullman, who represented the
Grandview, indicated... and point out that the attorney who represented
Grandview, one of these two projects, indicated he had no objection to
eliminating R-5 and R-5-A and Dan Paul, who represented the other applicant
also indicated that he had no objection to eliminating R-5 and R-5-A.
If you would look at the ordinance as presented to you in your
packet on page two, there is a note from the City Attorney that what was
approved by the Planning Advisory Board did, in fact, eliminate R-5 and
R-5-A. And for some unknown reason those zoning districts have been
placed back in the ordinance. So, I would ask that you eliminate any
posibility of.avoiding the minimum setback on the property sideline.
I would ask that you eliminate R-5 and R-5-A from the provisions that
would allow the other.
Mayor Ferret Mr. Whipple, your answer to that. Do you concur with her
recommendations?
Mr. Whipple: The Planning Department feels that the R-5 and the R-5-A
should remain in there. The Planning Advisory Board recommended that
it wouldn't.
Mr. Plummer: Do you know what my real concern is? It's on those setbacks.
Mr. Whipple: Yes, sir.
Mr. Plummer: I want to tell you something.
Mr. Whipple: The setbacks aren't eliminated unless as....
Mr. Plummer: It's not even elimination!
Mr. Whipple: O.K.
Mr. Plummer: I'm not in accord with 10 feet. You are going to get some
guy who is going to put a 12 foot boat in that space.
Ms. Cooper: That's right.
Mr. Plummer: It never fails.
Mr. Whipple: Well, Commissioner Plummer, number one, we're not changing
that number. That's the number that has been existence since....
Mr. Plummer: Maybe it needs to be changed.
Mr. Whipple: I just wanted to point out that it has been in existence.
Mr. Plummer: Well, I think we need to study it a little bit more.
Mr. Whipple: Notwithstanding that, as you have mentioned, we have
conditional use approval.
Mayor Ferre: Plummer moves that this item be deferred for further
information that is necessary before we make a vote.
Mr. Dawkins: Second.
Mr. Plummer: Question, under discussion, has this been before the
Waterfront Board?
192
MAY 2 ? 1982
sl
Ms. Cooper: No.
Mr. Whipple: No, sir.
Mr. Plummer: I refer it to the Waterfront Board to come back with a recom-
mendation. (LAUGHTER) Sit down, Marilyn. You're not going to get your
barb wire. Now, sit down!
Unidentified Speaker: Commissioner, I would recommend you defer it to
somebody that knows State law.
Mr. Plummer: Hey! Let me tell you, if Stuart Sorg can take a hydrofoil '
and turn it into a submarine, I'm sending him to the Falkland Islands!
LAUGHTER
Mayor Ferre: All right, there is a motion and a second. Further discussion
on the deferral?
Mr. Plummer: I said to the Waterfront Board..
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: That's not my problem. You go and educate them.
Mayor Ferre: Call the roll.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Call the roll!
Mrs. Hirai: It's a second reading, sir. It's an ordinance.
Mr. Plummer: No! It's deferred to the Waterfront Board.
Mrs. Hirai: Oh, no, under deferral. I'm sorry.
Mayor Ferre: The motion is that the item be deferred for further consideration.
_ The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 82-475
A MOTION OF THE CITY COMMISSION CONTINUING ITEMS 26(a) _
AND 26(b) OF THE HEREIN AGENDA TO A FUTURE COMMISSION
MEETING IN ORDER THAT MORE INFORMATION MAY BE PROVIDED
AND IN ORDER THAT THIS ISSUE MAY BE REFERRED TO THE
WATERFRONT BOARD REQUESTING THEIR RECOMMENDATION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: * Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Mayor Maurice Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
ON ROLL CALL:
* Mr. Plummer: Why, for sure!
193
sl MAY 2 71982
r 0"S
sl
-------------------------------------
NOTE FOR THE RECORD:
AT THIS POINT CITY ATTORNEY READS BY
TITLE ORDINANCE 9430, PREVIOUSLY PASSED.
----- ---------------- ----- ----- --------------------------- ---------
61. LMERGENCY ORDINANCE: AMEND 1 of 9353- INCREASE APPROPRIATIONS FOR
THE CITY OF MIAMI-UNIVERSITY OF MIAMI-JAMES L. KNIGHT INTERNATIO14A
CENTER BY $5,250,000 - CLAIM SETTLEMENT WITH CITY OF MIAMI CENTER
ASSOCIATES.
Mayor Ferre: Mr. Manager, we have an ordinance here dealing dealing with
the James L. Knight International Center. By the way, I know we've lost
the battle, but just in our own little world, could we call it the proper
name which is the City of Miami/University of Miami James L. Knight Convention
and Conference Center?
Mr. Plummer: Who did that? Did you do that?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Everybody is doing it, but I mean, bees do it, birds do it,
everybody does it.
Mr. Plummer: Yes, and the same thing those two animals represent is what
the City is getting, too.
Mayor Ferre: This is an emergency ordinance amending... Michael Putney's
going to get you.
Mr. Plummer: For the birds and the bees.
Mayor Ferre: Amending section 1 of ordinance 9353, adopted November 19, 1981,
the City's Capital Improvement. What it does is it increases the appropriation
of the parking garage for the Center by the amount of $5,250,000. It increases
the Knight Convention Center's enterprise fund revenue in the same amount.
To settle the claim submitted to the City by Miami Center Associates. Mr.
Manager.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Is there any difference between this and the previous motion
that the City of Miami Commission made on this item?
Mr. Gary: No, it's not, but I have one change to the second page.
Mayor Ferre: O.K., tell me what it is.
Mr. Gary: And that is under section 2, second sentence, where it says:
"....This settlement included the withholding of $500,000
for overtime..."
Mayor Ferre: Yes, sir.
Mr. Gary: The agreement did not require the withholding of overtime, but
I want to change that to protect the City by saying:
"This settlement includes the amount of $500,000 for overtime
which is to be borne by Miami Center Associates, Inc. and
payable within 24 hours of receipt of a bill for overtime
from the City of Miami."
Mayor Ferre: Is that amendment acceptable to members of the Commission?
Mr. Plummer: And when the ordinance is corrected.
194
MAY 2 71982
Mayor Ferre: Yes, are there any other changes?
Mr. Gary: It's corrected. It's just this one change.
Mr. Plummer: What? No, I'm talking about the title of the ordinance.
Mayor Ferre: Yes, change the title.
Mr. Plummer: I'm not voting on a non -existing item.
Mayor Ferre: I'll read it properly. All right, Plummer do you want to
move it?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Yes.
Mayor Ferre: Plummer moves, Dawkins...I will read it, Terry, I will read
it. Further discussion? Call the roll.
AN ORDINANCE ENTITLED
AN EMERGENCY ORDINANCE AMENDING SECTION 1 of
ORDINANCE NO. 9353 ADOPTED NOVEMBER 19, 1981,
THE CITY'S CAPITAL IMPROVEMENT APPROPRIATIONS
ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 1982, AS AMENDED, BY INCREASING THE AP-
PROPRIATION FOR THE CITY OF MIAMI/UNIVERSITY
OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER
AND PARKING GARAGE IN THE AMOUNT_ OF $5,250,000
AND BY INCREASING THE CITY OF MIAMI/UNIVERSITY
OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER
ENTERPRISE FUND REVENUE IN THE SAME AMOUNT TO
SETTLE CLAIMS SUBMITTED TO THE CITY BY MIAMI
CENTER ASSOCIATES, INC., CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins for adoption as an emergency measure and dispensing with the require-
ment of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner J.L.Plummer Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez,Jr.
Whereupon the Commission on motion of Commissioenr Plummer and seconded by
Commissioner Dawkins, adopted said Ordinance by the following vote:
AYES * Commissioner J.L.Plummer,Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioenr Demetrio Perez, Jr.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9431.
The Mayor read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission
and to the public.
ON ROLL CALL:
* Mr. Plummer: On an item where I have no choice but to vote yes, I do.
19 5
MAY 2 71982
6 0
62. EMERGENCY ORDINANCE: AMEND 1 AND 5 OF 9321 - INCREASE
APPROPRIATIOit FOR GENERAL FUND BY $12,000 FOR MAYOR'S OFFICE
(ADDITION OF ONE ADMINISTRATIVE ASSISTANT). s
Mayor Ferre: While we have four members here, is there anything else,
because we are going to start running out of time pretty soon, that you
really need? Are there anythings, Nestor, that Marie needs? Item 68.
All right, take up item 68. What is item 68, now?
Mr. Plummer: Oh, no! Oh, nol I'm not going for that! No!
Mayor Ferre: All right, we need item 68. Will somebody move that?
Mr. Carollo: Move.
Mayor Ferre: Carollo moves.
Mr. Dawkins: Second.
Mayor Ferre: Second by Dawkins. Read the ordinance, please, 68, please.
Mr. Gary: 69 and 70.
Mayor Ferre: Just start lining up the things that you need on an emergency
basis or quickly because we are running out of here in 25 minutes.
Call the roll.
AN ORDINANCE ENTITLED
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1
AND 5 OF ORDINANCE NO. 9321 ADOPTED SPETEMBER
24, 1981, THE ANNUAL APPROPRIATIONS ORDINANCE
FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1982,
AS AMENDED, BY INCREASING THE APPROPRIATION
FOR THE GENERAL FUND IN THE AMOUNT OF $12,000
FOR THE MAYOR'S OFFICE, AND BY INCREASING
GENERAL FUND REVENUE IN THE SAME AMOUNT
FROM MISCELLANEOUS REVENUE FOR THE PURPOSE
OF PROVIDING FUNDING FOR AN ADMINISTRATIVE
ASSISTANT I IN THE MAYOR'S OFFICE; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner
Dawkins for adoption as an emergency measure and dispensing with the require-
ment of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Whereupon the Commission on motion of Commissioner Carollo and seconded by
Commissioner Dawkins , adopted said Ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES. None.
ABSENT: Commissioner Demetrio Perez, Jr.
196
MAY
2 71982
sl
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9432
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission
and to the public.
63. CLAIM SETTLEMENT: RAFAEL ALFONSO, BLUE CROSS/BLUE SHIELD AND ,
JACKSON MEMORIAL HOSPITAL - ($50,000).
Mr. Knox: Mr. Mayor, Commissioner Carollo asked that you take 57 through -
61 out of the Consent Agenda and I'd like to....
Mr. Carollo: 62.
Mr. Plummer: Including 62.
Mr. Knox: All right, including 62. Let me speak first to 57, 58, 59, and
60. All four of those proposed settlements arise out of the same chain -
reaction automobile accident. The total amount that we are requesting is
$81,000. I can advise the City Commission that this accident involved a
chain -reaction of five vehicles which the Law Department has determined
was precipitated by the action of a City of Miami vehicle. It resulted
in one death, one of the victims is now a paraplegic unable to speak, and
there was substantial property and personal damage. Under all of those
circumstances, our recommendation for a total settlement of $81,000 for
those claims appears to be justified.
Mayor Ferre: All right, is there a motion?
Mr. Carollo: O.K., there is a motion. From 57 to 60, we'll take them one
at a time.
Mayor Ferre: There is a motion. Do we have to do them together, or can
we do them separately?
Mr. Carollo: Separately.
Mr. Plummer: Which one?
Mayor Ferre: These are 57 through what, 60?
Mr. Knox: Yes, sir.
Mr. Plummer: Well, I have a problem with 58.
Mayor Ferre: What is your problem?
Mr. Knox: I know, I know, I know.
Mayor Ferre: They're all the same.
Mr. Plummer: No, they are not.
Mayor Ferre: What's your problem, J.L.?
Mr. Plummer: I'm not locking in the attorneys to get in their fee form.
Mr. Knox: No, it's not.
Mr. Plummer: No, it's here. Now, you take it out, damn it! Let that
attorney fight for his own money.
sl 197 MAY 2 71982
C P
Mr. Knox: Let the record reflect that the check will be executed in the
names of the persons involved in the accident.
Mr. Plummer: I have no objection.
Mayor Ferret Take up item 57. Carollo moves. Plummer seconds. Further
discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-476
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO RAFAEL ALFONSO and JACSON MEMORIAL HOSPITAL,
WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF
$50,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY
AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, UPON THE EXECUTION OF A RELEASE, RELEASING
THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
64. CLAIM SETTLEMENT: ROGER NEIDER, GAIL ITEIDER - MARTIN AND JOHN
MARTIN-($10,000.)
Mayor Ferret Carollo moves 58, Plummer seconds. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-477
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO ROGER NEIDER, GAIL NEIDER-MARTIN AND JOHN MARTIN,
WITHOUT THE ADMISSION OF LIABILITY, THE SUM OF $10,000.00
IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, UPON THE
EXECUTION OF A RELEASE, RELEASING THE CITY OF MIAMI
FROM ANY AND ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted herein and
on file in the Office of the City Clerk).
MAY 2 71982
sl
Upon being seconded by Commissioner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
65. CLAIM SETTLEMENT: RINKER MATERIALS COMPANY-($11,000).
Mayor Ferre: Dawkins moves 59, Plummer seconds. Further discussion?
Call the roll.
Mr. Plummer: Mr. Mayor, I think you removed yourself from this item before
and you should, for the record, this time.
Mayor Ferre: Oh, that's right. All right, let the record reflect that I'm
not voting on this.
Mr. Plummer: Call the roll.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 82-478
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
TO RINKER MATERIALS COMPANY, WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $11,000.00 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE,
RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS AND
DEMANDS.
(Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
* Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
ON ROLL CALL:
* Mayor Ferre: No, wait a minute! Wait a minutes I have no problem voting
on 59.
Mr. Plummer: With Rinker?
Mayor Ferre: Yes, yes. I have no problem. I vote on that.
MAY 2 719s2
sl 199
f"'*- ''1
66. CLAIM SETTLEMENT: ORIENTE URQUIOLA - ($8,000).
Mayor Ferre: Pick up item 60.
Mr. Carollo: Move.
Mayor Ferre: Carollo moves 60, Dawkins seconds, right?
Mr. Dawkins: Right, sure.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-479
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO ORIENTE URQUIOLA WITHOUT THE ADMISSION OF
LIABILITY, THE SUM OF $8,000.00 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, UPON THE EXECUTION OF A RELEASE,
RELEASING THE CITY OF MIAMI FROM ANY AND ALL CLAIMS
AND DEMANDS, INCLUDING ANY WORKER'S COMPENSATION LIENS.
(Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
67. CLAIM SETTLEMENT: WOODROW B. HAGAN - ($7,432).
Mr. Knox: Concerning item 61, Mr. Mayor, Mr. Vice Mayor, members of the
Commission, the City, in the opinion of the City Attorney's office,
wrongfully withheld unaccumulated ill time by Mr. Hagan in the amount
of $7,432.00.
Mayor Ferre: Is that Walter Hagan?
Mr. Knox: Yes, sir. Woodrow Hagan, I'm sorry. And this represents a
dollar for dollar contribution of his entitlement without cost in attorney's
fees.
Mayor Ferre: Is there a motion?
sl
200
MAY 2 71982
al
Mr. Plummer: They are saying that it's this figure plus?
Mr. Knox: No, it's this figure only.
Mr. Plummer: Oh, move it.
Mayor Ferre: Plummer moves.
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds. Further discussion? Call the roll on 61.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-480
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
TO WOODROW B. HAGAN, WITHOUT THE ADMISSION OF LIABILITY,
THE SUM OF SEVEN THOUSAND FOUR HUNDRED THIRTY TWO DOLLARS
($7,432.00) IN FULL AND COMPLETE SETTLEMENT OF ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI AND GERARDO SALMAN,
CONDITIONED UPON EXECUTION OF A RELEASE, RELEASING THE
CITY OF MIAMI AND GERARDO SALMAN FROM ALL CLAIMS AND
DEMANDS.
(Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
68. CLAIMS SETTLDENT: Helen and David Ebenstein - ($10,000).
Mr. Knox: All right, as to item 62, Mr. Mayor, members of the Commission,
this is the very first worker's compensation settlement claim that we've
brought before you. Historically, there is no requirement to advise the
City Commission of worker's compensation claims. In conjuction with Risk
Management, the Law Department determine that any settlement which is
$10,000 or more should come before the City Commission to advise you of
it. This is the first of those kinds of settlements.
Mayor Ferre: Is there a motion on item 62?
Mr. Carollo: Yes. 62?
Mayor Ferre: Yes, sir.
Mr. Carollo: Yes.
Mayor Ferre: All right, Carollo moves 62. Is there a second?
201 MAY
7 1982
""N
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds 62. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-481
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
TO HELEN EBENSTEIN AND DAVID EBENSTEIN, HER HUSBAND, THE
SUM OF $10,000.00, WITHOUT THE ADMISSION OF LIABILITY,
IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY,
PERSONAL INJURY PROTECTION LIENS, WORKER'S 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 herein 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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
69. NOTE FOR THE RECORD: AT THIS POINT, AGENDA ITEMS 63 AND 64
WERE BRIEFLY DISCUSSED AND DEFERRED.
Mr. Plummer: Mr. Mayor 35 and 36 are very important
Mr. Mayor : Carollo, is there a big discussion on 63?
Mr. Carollo: Well, the only thing that I wanted to require from the
Manager on 63 and 64, since they are bugging equipment, some of it we
have approved previously, I'd like to meet with someone from the Police
Department. If the Chief is too busy, he can send someone else. I can
understand; and meet with them on this equipment. At the same time I
want someone from the Police Department to meet with every member of the
Commission so they can know what they are voting for, and identify it
if its one equipment or ten pieces. You know, like what happened the
last time, it was presented as one, but it was actually ten.
Mayor Ferre: Is that before we vote on it?
Mr. Carollo: Yes, Mr. Mayor, I want a member of....
Mayor Ferre: All right, items 63 and 64 are deferred until the next....
Mr. Gary: I'd like to correct one thing. We never did approve. We kept
postponing. This is from a year ago now.
Mr. Carollo: No, no, no, no, no. This shouldn't be from a year ago.
This is approved. The stuff from a year ago was approved, Howard. I
made the motion myself. In fact I corrected it because there was something
wrong with it. 20
sl _MAY 2 71992
\ ,7
Mayor Ferre: We are running out of time, gentlemen. This item being
withdrawn by the Manager, 63 and 64, until the next Commission meeting;
and you will then have members of the Police Department explain to members
of the Commission what kind of equipment this is, what it does, and the
amounts, O.K.?
70. AUTHORIZE INSTALLATION OF PROTECTIVE FENCING AtTD POSTS IN UPPER
DECK, AND REPLACEMENT OF DETERIORATED BLEACHERS IN WEST E11D ZONE
OF ORANGE BOWL STADIUM.
Mr. Plummer: I move 35.
Mayor Ferre: All right, we're jumping around a little bit. You want to
go back to 35.
Mr. Plummer: 35 is important, Mr. Mayor, you might lose it.
Mayor Ferre: I'll take up anything you want. I'll take up item 35.
Mr. Plummer: I move 35. It's for monies for the T.D.C.
Mayor Ferre: Plummer moves item 35. Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: There is a second by Dawkins. Further discussion? Call the
roll.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-482
A RESOLUTION AUTHORIZING THE LOAN OF $250,000 FROM FLORIDA
POWER AND LIGHT FRANCHISE FUNDS, IN THE CAPITAL IMPROVEMENT
FUNDS, TO THE ORANGE BOWL ENTERPRISE FUND FOR THE PURPOSE
OF PURCHASING AND INSTALLING PROTECTIVE FENCING AND POSTS
IN THE UPPER DECK AND TO REPLACE DETERIORATED BLEACHERS
IN THE WEST END ZONE OF THE CITY OF MIAMI'S ORANGE BOWL
STADIUM; SAID LOAN TO BE REPAID FROM THE 2% RESORT TAX OVER
A PERIOD OF 9 MONTHS; INTEREST RATE OF y TO BE REPAID
FROM THE ORANGE BOWL ENTERPRISE FUND.
(Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
sl 203 MAY 2 7 198
2
C
P
sl
71. EMERGENCY ORDINANCE: AMEND 1 of 9353 - INCREASE
APPROPRIATIONS IN "ENTERPRISE FUND - ORANGE BOWL
STADIUM 2% RESORT TAX" BY $250,000 FOR PROTECTIVE
FENCING FOR NEW BLEACHERS AT ORA11GE BOWL STADIUM.
Mr. Plummer: I move 36 which is the same.
Mayor Ferre: How about 34?
Mr. Gary: 34, you forgot.
Mayor Ferre: Plummer, do you want to move 34?
Mr. Plummer: Yes. No!
Mr. Dawkins: Yes, I want to know. I have questions.
Mr. Plummer: No! No, no, no, no, no.
Mr. Dawkins: I have questions on....
Mayor Ferre: All right, sir, we're on 36.
Mr. Plummer: I must have some discussion on 34.
Mayor Ferre: Item 36. We're on 36.
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves item 36. Dawkins seconds. Further discussion?
Call the roll on 36.
Mr. Carollo: Howard, what ever happened to that Booz, Allen report, or
rather report by Porter Eome
Mr. Plummer: Half a million dollars.
Mr. Carollo: What ever happened with it? They were going to do a report
on differences in the Police Department, I haven't heard from them.
Mr. Gary: They are still working now. They are working on the civilianization
plan. They are working also on the computerization improvement program.
Mr. Carollo: We haven't received anything yet?
Mr. Gary: No, but they're working. We should be giving you a status
report probably in the next one or two weeks.
Mayor Ferre: We're running out of time. What item?
Mrs. Hirai: This is an ordinance, Mr. Mayor, the City Attorney should
read it.
Mayor Ferre: What item are we on?
Mrs. Hirai: 36.
Mayor Ferre: All right, the item has been moved and seconded, call! Hurry up!
Call the roll.
204 MAY 2 ? 1982
AN ORDINANCE ENTITLED
AN EMERGENCY ORDINANCE AMENDING SECTION 1, OF
ORDINANCE NO. 9353, ADOPTED NOVEMBER 19, 1981,
THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE
FOR FISCAL YEAR ENDING SEPTEMBER 30, 1982, AS
AMENDED, BY INCREASING THE APPROPRIATION IN THE
ENTERPRISE FUNDS, ORANGE BOWL STADIUM TWO PERCENT
(2%) RESORT TAX BY AN AMOUNT OF $250,000 TO INSTALL
PROTECTIVE FENCING AND POSTS IN THE ORANGE BOWL
UPPER DECK AND TO REPLACE DETERIORATED BLEACHERS
IN THE ORANGE BOWL WEST END ZONE PRIOR TO THE
1982 FOOTBALL SEASON; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND DIS-
PENSING WITH THE REQUIREMENT OF READING THE SAME
ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN
FOUR -FIFTHS OF THE COMMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins for adoption as an emergency measure and dispensing with the require-
ment of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Whereupon the Commission on motion of Commissioner Plummer and seconded by
Commissioner Dawkins , adopted said Ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9433
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission
and to the public.
72. ACCEPT BID: NET CONSTRUCTION INC. ($30,000) ORANGE BOWL
STADIUM - (WEST END BLEACHERS).
Mr. Plummer: I move 37. It's a resolution.
Mayor Ferre: Plummer moves 37.
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds. Further discussion? Call the roll.
205
sL MAY 2 7 1982
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-483
A RESOLUTION ACCEPTING THE BID OF MET CONSTRUCTION, INC.
IN THE PROPOSED AMOUNT OF $37,867, BASE BID "A" OF THE
PROPOSAL, FOR ORANGE BOWL - WEST END ZONE BLEACHERS; WITH
MONIES THEREFOR ALLOCATED FROM THE "TOURIST DEVELOPMENT
AUTHORITY FUNDS" IN THE AMOUNT OF $37,867 TO COVER 7'E
CONTRACT COST; ALLOCATING FROM SAID FUND THE AMOUNT OF
$4,165 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING
FROM SAID FUND THE AMOUNT OF $760 TO COVER THE COST OF
SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND
POSTAGE; ALLOCATING FROM SAIF FUND THE AMOUNT OF $1,571
TO COVER TEH INDIRECT COST; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
73. FIRST 6 SECOND READING ORDINANCE: A11EI1D CODE SECTION 13-72 -
"MINORITY VENDOR PROCUR.EXNT PROGRAM" - AIEND SOME DEFINITIONS
FROM "CONTROLLED" AND "OWNED".
Mayor Ferre: Dawkins moves 38. Who seconds?
Mr. Plummer: Second.
Mayor Ferre: Plummer seconds. Read the ordinance. Call the roll.
Mrs. Hirai: We need four -fifths, Mr. Mayor.
Mayor Ferre: Would you get Joe back in here? All right, did you read it?
Mr. Plummer: Yes.
Mayor Ferre: All right, start calling the roll and call it slow.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 18-72, ENTITLED
"MINORITY VENDOR PROCUREMENT PROGRAM", OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
BY AMENDING CERTAIN DEFINITIONS AND BY ADDING
DEFINITIONS FOR THE WORDS "CONTROLLED" AND
"OWNED"; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE AND DISPENSING WITH THE
REQUIREMENT OF READING SAME ON TWO SEPARATE
DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS
OF THE MEMBERS OF THE COMMISSION.
206 MAY 2 71982
sl
i
Was introduced by Commissioner Dawkins and seconded by Commissioner —
Plummer, for adoption pursuant to Section 4, Paragraph (f) of the City Charter
dispensing with the requirement of reading same on two separate days by
a vote of not less than four -fifths of the members of the Commission;
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Uller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Whereupon the Commission, on motion of Commissioner Dawkins and
seconded by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9434
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
74. FIRST AND SECO11D READING ORDINANCE: AMEND 1 of 3719 - ESTABLISH
NEW FUND: "NIAMI COMPREHENSIVE NEIGHBORHOOD PLAN UPDATE", AMEND
"302-EDA PLANNING GRANT": ESTABLISH NEW FUND: "METRORAIL STATION
IMPLEMENTATION STUDIES TECHNICAL SERVICES," ETC.
Mayor Ferre: All right, what item are we on now?
Mr. Dawkins: 39.
Mayor Ferre: 39, anybody want to move that?
Mr. Dawkins: Move it.
Mayor Ferre: All right, now, Dawkins moves 39. Plummer seconds. Read
the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 8719,
ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANTS APPROPRIATIONS
ORDINANCE; AS AMENDED; BY ESTABLISHING A NEW TRUST AND
AGENCY FUND ENTITLED: "MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN UPDATE% AND APPROPRIATING FUNDS FOR THE OPERATION
OF SAME IN THE AMOUNT OF $20,000; BY AMENDING THE TRUST AND
AGENCY FUND ENTITLED: "302-EDA PLANNING GRANT", AND BY
INCREASING APPROPRIATIONS FOR THE OPERATION OF SAME BY A
TOTAL AMOUNT OF $97,350 TO AN AMOUNT OF $191,630 PLUS A
LOCAL MATCH; BY ESTABLISHING A NEW TRUST AND AGENCY FUND
ENTITLED: "METRORAIL STATION IIPLEMENTATION STUDIES
TECHNICAL SERVICES", AND APPROPRIATING FUNDS FOR THE
OPERATION OF SAME IN THE AMOUNT OF $70,000; BY ESTABLISHING
A NEW TRUST AND AGENCY FUND ENTITLED: "DOWNTOWN COMPONENT
OF METRORAIL SUPPORT POLICIES ASSESSMENT", AND BY APPROPRIATING
FUNDS FOR THE OPERATION OF SAME IN THE AMOUNT $15,000; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING
sl WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS
BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THEMWERS OF THE COMMISSION.
W7 '
MAY 27 1982
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer, for adoption pursuant to Section 4, Paragraph (f) of the City Charter
dispensing with the requirement of reading same on two separate days by
a vote of not less than four -fifths of the members of the Commission;
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Whereupon the Commission, on motion of Commissioner Dawkins and -
seconded by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9435
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
75. FIRST AND SECOND READING ORDINANCE: AMEND 1 of 9353 - ESTABLISH
ANTICPATED URBAN MASS TRANSPORTATION ADMINISTRATION (UMTA)
GRANT FUND re: "DOWNTOWN PEOPLE MOVER" PROJECT TO PAY FOR
SERVICES FROM PLANNING DEPARTMENT.
Mayor Ferre: Who moves 40?
Mr. Dawkins: Move it.
Mr. Plummer: Second.
Mayor Ferre: Dawkins moves 40, Plummer seconds. Further discussion?
Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9353,
ADOPTED NOVEMBER 19, 1981, THE CITY'S CAPITAL IMPROVEMENT
APPROPRIATIONS ORDINANCE FOR FISCAL YEAR 1981-82; AS AMENDED;
BY ESTABLISHING THE ANTICIPATED URBAN MASS TRANSPORTATION
ADMINISTRATION (UMTA) GRANT FUND AS A NEW RESOURCE IN THE
AMOUNT OF $30.000 IN THE CAPITAL IMPROVEMENT FUND AND
APPROPRIATING SAME AMOUNT TO INCREASE APPROPRIATIONS
FOR PROJECT IX.B. (i) 18., DOWNTOWN PEOPLE MOVER, TO PAY
FOR SERVICES PROVIDED BY THE PLANNING DEPARTMENT IN PREPARATION
OF AN ENVIRONMENTAL IMPACT STATEMENT REQUESTED BY UMTA IN
COMPLIANCE WITH FUNDING COMMITMENT FOR THE OVERTOWN URBAN
INITIATIVES PROJECT (PRE -CONSTRUCTION PHASE); CONTAINING
A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND DISPENSING
WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS
BY A VOTE OF NO LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE
COMMISSION.
al 208 MAY 2 71982
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer, for adoption pursuant to Section 4, Paragraph (f) of the City Charter _
dispensing with the requirement of reading same on two separate days by
a vote of not less than four -fifths of the members of the Commission;
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT:.. Commissioner Demetrio Perez, Jr.
Whereupon the Commission, on motion of Commissioner Dawkins and
seconded by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9436
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Com-
mission and to the public.
-------------------------------------------------------------------------
NOTE FOR THE RECORD:
AGENDA ITEM 41 WAS WITHDRAWN BY THE ADMINISTRATION.
-------------------------------------------------------------------------
76. FIRST READI14G ORDINANCE: REPEAL CODE SECTION 31-11 FIVE DAY -
CUPATIOhAL LICENSE IN CONJUNCTION WITH OPEN AIR, OUTDOOR, CULTURAL,
ART, FOLK OR STREET FESTIVALS") AND SECTION 31-48-E EXHIBITORS (b)
("LICENSE FEE SCHEDULE") AMEND SECTION 31-10 "OCCUPATIONAL LICENS
PREREQUISITE"); REQUIRE 6OMPLIANCE WITH CERTAA STANDARDS, ETC.
(SEE LABEL 77.1).
Mayor Ferre: Take up 42. Plummer, do you want to move that?
Mr. Plummer: Boy! That's going to be exciting! Yes, I'll move it. It's
fair.
Mayor Ferre: Plummer moves. Dawkins seconds. Read the ordinance. Call
the roll.
Mr. Plummer: Just under discussion, Mr. Mayor, I want you to know what
this thing really is, as I see it, going to do. In the recent Calle Ocho
Festival this would have put about 100 or 150 people in jail; and we're
going to be faced with every one of these open air festivals that if
people don't pay that fee. And you know they have been refusing to do
so. They're going to go to jail. So I hope we understand the far reaching
aspects of this thing.
Mayor Ferre: What bill would that have been?
Mr. Plummer: O.K.
Mayor Ferre: Call the roll.
al
209 MAY 2 71982
k P
i
AN ORDINANCE ENTITLED -
AN ORDINANCE REPEALING SECTION 31-11, ENTITLED
"FIVE-DAY OCCUPATIONAL LICENSE IN CONJUNCTION
WITH OPEN AIR, OUTDOOR, CULTURAL, ART, FOLK OR
STREET FESTIVALS", AND SECTION 31-48-E-EXHIBITORS
(b) (LICENSE FEE SCHEDULE) OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED; AND BY
AMENDING CODE SECTION 31-10, ENTITLED "OCCUPATIONAL
LICENSE PREREQUISITE FOR MAKING REAL PROPERTY
AVAILABLE FOR EXHIBITION, ETC., OF GOODS IN
CONJUCTION WITH OPEN AIR ACTIVITIES", BY REQUIRING COMPLIANCE
COMPLIANCE WITH CERTAIN STANDARDS AND REQUIRING AN
OCCUPATIONAL LICENSE PRIOR TO MAKING SAID REAL PROPERTY,
PREMISES OR SPACE AVAILABLE; ESTABLISHING AN OCCUPATIONAL
LICENSE FEE SCHEDULE; PROVIDING A PENALTY CLAUSE;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer, and seconded by Commissioner
Dawkins and passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
77. FIRST READING ORDINANCE: AMET'D PARAGRAPH (7) OF CODE SECTION
53-117 - PROVIDE FOR FEE INCREASE FOR USE OF BOAT HOIST AT MARINE
STADIUM.
Mayor Ferre: Take up item 43.
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves. Dawkins seconds. Further discussion? Read
the ordinance. We have ten minutes left.
Mr. Gary: 69 and 70.
Mayor Ferre: What?
Mr. Gary: 69 and 70.
Mayor Ferre: 69.
Mr. Gary: And 70.
Mayor Ferre: and 70. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING PARAGRAPH (7) OF SECTION
53-117 OF THE CODE OF THE CITY OF MIAMI, FLORIDA
AS AMENDED, BY PROVIDING FOR AN INCREASE FOR THE
USE OF THE BOAT HOIST AT MARINE STADIUM FROM
$2.00 TO $5.00; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
sl 210 MAY 2 71982
Y
Was introduced by Commissioner Plummer, and seconded by Commissioner
Dawkins and passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
The City Attorney read the ordinance into the rublic record and
announced that copies were available to the members of the City Commission
and to the public.
77.1 CONTI.NUED DISCUSSION OF AGENDA ITEM 42. (SEE LABEL 76)
Mr. Carollo: Howard, that brings to mind on 42, do we have sufficient
inspectors to collect all those license fees? I understand that there
are places around town that, you know, and all kinds of establishments
that owe just hundreds of dollars. Can you look into that? And if we
need more people, let's put them in.
Mayor Ferre: All right, on second reading, we'll....
Mr. Gary: I'll look into it and get back to you.
Mayor Ferre: For second reading.
78. SECOND READING ORDINANCE: AMEND CODE SECTIONS 2-171, 2-172 A17D
2-173 - CHANGE NAME OF DEPARITWT OF TRADE AND COMMERCE DEVELOP-
MENT TO "DEPT. OF INTERNATIONAL TRADE PROMOTION", PRESCRIBE NEW
FUNCTIONS, ETC.
Mayor Ferre: Take up item... what is it, Howard? 69?
Mr. Gary: 69 and 70.
Mayor Ferre: All right, is there a motion on that?
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Ferre: All right. It's second reading. It's been moved by Plummer.
Seconded by Dawkins. Further discussion? Read the ordinance. Call the
roll.
211 MAY 2 71982
�N r
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 2-171, 2-172, AND 2-173
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
BY CHANGING THE NAME OF THE DEPARTMENT OF TRADE AND
COMMERCE DEVELOPMENT TO THE DEPARTMENT OF INTERNATIONAL
TRADE PROMOTION; FURTHER BY PRESCRIBING NEW FUNCTIONS
AND DUTIES OF THE NEWLY -NAMED DEPARTMENT: FURTHER =
REPEALING SECTION 2-174 OF SAID CODE, ENTITLED "PROGRAMS
ADMINISTRATION"; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT
OF READING THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT
LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE CITY COM-
MISSION.
Passed on its first reading by title at the meeting of May 11th, 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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9437
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
79. SECOND READING ORDINANCE: CREATE NEW DEPARTMENT: "DEPT. OF
ECONOMIC DEVELOPMENT", PRESCRIBING FUNCTIONS, ETC.
Mayor Ferre: Pick up 70.
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Ferre: Plummer moves, Dawkins seconds. Further discussion? Read
the ordinance.
Mr. Dawkins: Is 70a for you to start immediately recruiting a black City
Manager? Is 70-a? I can add 70-a.
Mr. Gary: For the last meeting.
Mr. Dawkins: Yes, O.K.
Mr. Carollo: Key! Don't scare him now, black Assistant City Manager. You
said City Manager.
Mr. Dawkins: Same difference.
212
� MAY 2 7 1982
Mayor Ferre: Have we voted on 70?
Mrs. Hirai: No, sir.
Mayor Ferre: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE CREATING A NEW DEPARTMENT TO BE
KNOWN AS THE DEPARTMENT OF ECONOMIC DEVELOPMENT,
PROVIDING FOR THE APPOINTMENT OF A DIRECTOR BY
THE CITY MANAGER; PRESCRIBING THE FUNCTIONS
AND DUTIES OF THE DEPARTMENT; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE
AND DISPENSING WITH THE REQUIREMENT OF READING
THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT
LESS THAN FOUR -FIFTHS (4/5's) OF THE MEMBERS
OF THE CITY COMMISSION.
Passed on its first reading by title at the meeting of May 11th, 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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9438
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
80. BRIEF DISCUSSION re: LACK OF A HISPANIC ASSISTANT CITY MANAGER.
Mayor Ferre: Take up 67.
Mr. Dawkins: I want you to start recruiting immediately for one (black
Assistant City Manager) please.
Mr. Carollo: Howard, the other thing that I want you to keep in mind...
we'll take this up at another time briefly... in Assistant to the Manager
we have every ethnic group in the community represented except Hispanic.
So, if you would keep that in mind, I would like to see that, and I'll
make it in the form of a motion.
Mr. Gary: Motion, make a motion.
Mayor Ferre: What? Do whatf
Mr. Carollo: Assistant to the Manager, there are no Cubans represented there.
1 213 MAY
2 71982
Mr. Gary: Make a motion.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: What? You're not a minority anymore. You're an Anglo now,
don't you know that?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: All right, I don't either. All right, do you want to make that...
you don't need that in a motion, do you?
81. SECOND READING ORDINANCE: AMEND CODE SECTION 18-60 - CITY COM-
MISSION AFTER A FINDING THAT A CITY OWNED PROPERTY IS SURPLUS,
MAY DICTATE SALE OF SAID SURPLUS PROPERTY.
Mayor Ferre: Take up 67.
Mr. Dawkins: Move it.
Mayor Ferre: All right, moved by Dawkins. Plummer, do you want to second?
Mr. Plummer: Sure.
Mayor Ferre: Further discussion? Call the roll.
Mr. Plummer: Are we eliminating the release of other government officials?
Or we're not?
Mr. Gary: No, you're just declaring surplus.
Mr. Plummer: O.K., but it doesn't state it here. It says here: "....after
having a public hearing...." In other words, that determination is before
the public hearing?
Mr. Gary: All is the same as before, except that I don't have the authority
to declare surplus; you do.
Mr. Plummer: O.K.
Mayor Ferre: Gentlemen, we are running out of time.
Mrs. Hirai: Roll call on 67 Mr. Mayor.
Mayor Ferre: All right. Have you read the ordinance?
Mr. Robert Clark: Yes, sir.
Mayor Ferre: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 18-80 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
BY PROVIDING THAT THE CITY COMMISSION AFTER THE
HOLDING OF A PUBLIC HEARING AND FINDING THAT
ANY CITY -OWNED REAL PROPERTY IS SURPLUS MAY
INSTRUCT THE CITY MANAGER TO DIRECT THE PUR-
CHASING AGENT TO SELL SAID SURPLUS PROPERTY;
CONTAINING A REPEALER PROVISION AND A SEVERA-
BILITY CLAUSE.
Passed on its first reading by title at the meeting of April 1st, 1982,
it was taken up for its second and final reading by title and adoption.
214
MAY 2 71882
it
On Motion of Commissioner Dawkins, seconded by Commissioner Plummer, the ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9439
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
82. AUTHCRIZE PAYMUIT TO BEIIJAMIN H. TYRRELL OF $63,437.69 FOR
PRI11TING SERVICES IN COIDIECTION WITH SALZ OF $10,400,000
OF GIVEFNMENT CEIiTER PARKING GARAGE REVENUE BONDS.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: Number 50... I know Commissioner Plummer wanted it pulled, but
you know, that's going to hurt us in terms of how we deal with the bond
market. If we don't pay our bill....
Mr. Plummer: My only problem there is $63,000 for printing!
Mr. Gary: You have to remember that we were going through a fast track
process. We had to keep changing the red herrings to comply with the
changes that the City Commission was asking for, the change in the rate
and everything else. You know, this is the cost of moving at a fast track.
The cost is reasonable. They have been audited. We suggest you move with
it because it's going to affect our bond process in the future.
Mr. Plummer: Is this a ratifying action?
Mr. Gary: Yes, it is.
Mayor Ferre: Plummer moves.
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds 50. Call the roll.
Mr. Plummer: I don't believe this.
Mayor Ferre: Go on, call the roll!
215
MAY 2 719Q2
Ift
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTIOt: NO. 82-484
A RESOLUTION AUTHORIZIIG THE CITY MANAGER TO PAY
THE AMOUNT OF $63,437.66 FOR PRINTING SERVICES IN
CONJUNCTION WITH THE GOVERNM114T CENTER PARKING
GARAGE TO BENJ. H. TYRRELL FOR SERVICES PROVIDED
TO THE CITY ON TEH SALE OF $10,400,000 REVENUE
BONDS. FUNDS FOR PAYMENT OF THESE SERVICES ARE
AVAILABLE FROM THE BOND ISSM PROCEEDS.
(Here follows body of resolution, omitted herein 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 J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Terre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
ON ROLL CALL:
* Mr. Plummer: Yes, I have to take him out of trouble.
83. FIRST READING ORDINANCE n! COiWECTION WITS USE OF BARBED
WIRE FEXING IN RIESIDENT7AL AREAS.
Mayor Terre: All right, what I have, then, is item 27.
Mr. Plummer: Let's do the barb wire.
Mr. Gary: We need 43.
Mayor Terre: All right, then take up item... we did 43.
Mr. Dawkins: Yes, we did 43.
Mr. Gary: We did 43?
Mr. Dawkins: Yes.
Mr. Gary: I apologize.
Mayor Terre: Take up item 27.
Mr. Carollo: Move.
Unidentified Speaker (OFF MIKE): I have a problem.
Mayor Terre: All right, hurry up and say what you have a problem with.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Terre: Yes, I'd like to defer it.
216
sl
MAY 2 7 1982
a
Ms. Marilyn Reed: I would prefer to, because... and I'll write each of you
a letter explaining what the problem is.
Mayor Ferre: All right, Mr. Manager, would you withdraw that so we can save
two minutes.
Mr. Gary: Yes, we'll continue it.
Ms. Reed: It's late. All right, thank you.
Mayor Ferre: This item is withdrawn by the Administration.
83.1 WITHDRAWAL OF THE SUPER BOWL PRESENTATION.
Mr. Plummer: We don't have anything else.
— Mayor Ferre: Yes, we do. We have the Super Bowl discussion,and we have...
what was it that Marie asked?
Mr. Gary: We are asking that the Super Bowl discussion be pulled.
Mayor Ferre: What is? The Super Bowl?
Mr. Gary: That it be pulled.
Mayor Ferre: All right, that's pulled.
Ms. Plummer: Isn't that this Friday?
Mr. Gary: It's been taken care of.
Mr. Plummer: What do you mean?
Mayor Ferre: All right, how about 30—a?
Mr. Plummer: Oh, well, that's what I was going to announce to the Commission.
I was able to get you the $5,000.00 from the T.D.C.....
Mayor Ferre: Congratulations!
Mr. Plummer: ....to pay for the thing. I want you also to know that I got
you the $12,000.00 that we paid Mr. Kunde to present that plan; we were
reimbursed for that $12,000.00.
Mayor Ferre: Thank you Plummer.
Mayor Ferre: We're on item 30—a. Discussion of the Charter.
Mr. Plummer: Boy! I want to tell you something: $17,000.00.
Mayor Ferre: All right, 30—a.
Mr. Plummer: You wouldn't be able to afford a plane trip to Spain if I
hadn't got that $17,000.00.
Mayor Ferre: Oh! By the way, which reminds me... no, the City is not paying
my plane trip.
217 MAY 2 7198Z
Mr. Plummer: Why not?
Mayor Ferre: I just worked it out that way.
Mr. Plummer: Why not?
Mayor Ferre: It just worked out that way, Plummer.
Mr. Gary: Well, you're not paying for it.
Mr. Plummer: You are going as the City of Miami's Mayor and they're not
paying for you?
Mayor Ferre: We'll worry about that later on. But I do think that we
need a resolution, don't we, Charlotte, to appropriate the monies for
this trip?
Mr. Gary: No.
Mayor Ferre: You don't need it? Sister's Cities?
Mr. Plummer: You mean I have to sit here and read about you on a junket
without having some satisfaction that I'm going to "kkkkkkkt."
Mayor Ferre: Nobody... the Herald ain't going to get me!
Mr. Plummer: Now I know why it worked out that way!
Mayor Ferre: Not after what I called them today!
Mr. Plummer: Who all is going beside you? Mr. Carollo, are you going?
Mr. Carollo: It's still working out.
Mr. Plummer: Mr. Dawkins?
Mr. Dawkins: No.
Mr. Plummer: You're not going.
Mr. Dawkins: No.
Mr. Plummer: Is Demetrio going?
Mayor Ferre: Yes.
Mr. Dawkins: The Miami Times will have nothing to say about me.
Mayor Ferre: Can we talk about....
Mr. Dawkins: No, not at 9:00 o'clock Mr. Mayor.
Mr. Carollo: Miller is going on a junket to Africa with Gary in July.
84. CONTINUE SCHEDULED DISCUSSION re. PROPOSED CHARTED. CHANGE FOR
THE SEPTE11BER 1982 BALLOT.
Mayor Ferre: Proposed Charter changes, Mr. Manager, what is that all
about?
Mr. Gary: That's your item.
Mr. PLummer: I'm sorry, it's 9:00 o'clock.
sl 218
MAY 2 71982
iu .... _... _.. ._ ..._ .AWL
0
Mayor Ferre: What? What?
Mr. Gary: That was your item which was a carry over from the last agenda.
Mayor Ferre: What Charter changes?
- Mr. Plummer: To call a strong mayor.
Mayor Ferre: Reschedule it then for the next meeting.
Mr. Carollo: Channel 10 had an editorial endorsing that, by the way.
Howard, the only thing that we need to put as one of the first items
for the agenda of the 17th is the removal of the Zoning Board members
that missed two meetings and the retroactive part. Since Perez did
not come back, I don't think that we ought to take it up without a full
Commission.
Mr. Gary: Yes, sir, we'll have it on.
Mayor Ferre: All right, Mr. Manager whatever items we didn't cover today,
because it's 9:00 o'clock, we'll have to cover the next time.
Mr. Carollo: Please send Mr. Wolf and all the people that vote for him
in the Zoning Board a notice in the mail of when it will appear again.
Mr. Gary: Yes, we will.
Mr. Dawkins: And also, let me see your selection for the black Assistant
Manager.
Mayor Ferre: This Commission stands adjourned.
ADJOURNMENT:
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at 9:00 P.M..
ATTEST:
MATTY HIRAI
Assistant City Clerk
MAURICE A. FERRE
Mayor
I
• �,
219
MAY 2 71982
CI'�Y OF ml
ITEM NO
1
2
3
4
Ll
1.4
f?
E
10
11
12
13
DOCUMENT
INDEX
DOCUMEUT IDOTIFICATION
EXECUTE LEASE AGREEMENT WITH DEPARTMENT OF OFF-
STREET PARKING FOR LEASE OF SPACE AT THE OLYMPIA
BUILDING
AUTHORIZE CITY MANAGER TO DRAFT AMENDMENTS TO
EXISTING CHARTER SECTIONS IN ORDER TO PROVIDE FOR
MORE MODERN PROCUREMENT PROCEDURES FOR THE CITY.
APPOINT MR. JUVENAL PINA AS CITY REPRESENTATIVE TO THE
SOUTH FLORIDA SPORTS AUTHORITY
REQUIRE ALL PARTIES MAKING FORMAL REQUESTS BEFORE THE
COMMISSION TO FIRST MAKE FULL DISCLOSURE IN 14RITING
OF ALL PARTIES HAVING A FINANCIAL INTEREST IN SAID
APPLICATION.
ALLOCATE $31,000. TO ALLAPATTAH MERCHANTS ASSOCIATION
IN CONNECTION 14ITH THE SPONSORING OF "CONAIERCLAL
FACADE TREATMENT PROGRAM".
DESIGNATING THE LITTLE HAVANA COMMUNITY CENTER AS A
CATEGORY
ENTER INTO AN AGREEMENT WITH TILLINGHAST,NELSON AND
WARREN IN CONNECTION WITH ACTUARIAL SERVICES REQUIRED
BY THE GENERAL EMPLOYEES' RETIREMENT SYSTEM.
EXECUTE AGREEMENT WITH MEDICAL ARTS TRAINING CENTER,
INC. FOR COORDINATION OF SERVICES RE: AN EMERGENCY
MEDICAL TECHNICIAN/PARAMEDIC TRAINING PROGRAM.
AUTHORIZE ISSUANCE OF WASTE COLLECTION LICENSES TO
A) ALL FLORIDA SANITATION INC.
B) DAN GALASSO WASTE SERVICE INC.
C) LA FE TRASH AND WASTE SERVICE
AUTHORIZE PAYMENT OF $50,000 TO BROWN, WOOD, IVEY
MITCHELL AND PETTY FOR LEGAL SERVICES RESALE OF
$10,400,000. OF GOVERNMENT CENTER PARKING GARAGE
REVENUE BONDS.
WAIVE DEED RESTORATION FOR MARINE RELATED USES IN
CONNECTION WITH SUBMERGED LAND LEASE FOR DESIGNATION
LAND TO CORAL REEF YACHT CLUB INC.
APPOINT MR. JUVENAL PINA AS CITY REPRESENTATIVE TO THE
SOUTH FLORIDA SPORTS AUTHORITY
REQUIRE ALL PARTIES MAKING FORMAL REQUESTS BEFORE THE
COMMISSION TO FIRST MAKE FULL DISCLOSURE IN WRITING
OF ALL PARTIES HAVING A FINANCIAL INTEREST IN SAID
APPLICATION.
MEETING DATE:
MAY 27, 1982
COMMISSI
I R-82-435
I R-82-440
I R-82-442
R-82-445
R-82-44 6
R-82-44 7
R-82-448
R-82-449
R-82-450
R-82-451
R-82-452
R-82-442
R-82-445
82-435
82-440
82-442
82-445
82-446
82-447
82-448
82-449
82-450
82-451
82-452
82-442
82-445
DOCUMPENT
CONTINUED PAGE # 2
1TE14 NO. -DOCUMENT IDENTIFICATION C
OMMISSIONAC TnN CODE NO,
14
ALLOCATE $31,000.00 TO ALLAPATTAH MERCHANTS ASSOCIATIO
IN CONNECTION WITH TEH SPONSORING OF "COMMERCIAL
FACADE TREATMENT PROGRAM"
R-82-446
82-446
15
DESIGNATING THE LITTLE HAVANA COMMUNITY CENTER AS A
CATEGORY B. PROJECT.
R-82-447
82-447
16
ENTER INTO AN AGREEMENT WITH TILLINGHAST, NELSON
AND WARREN IN CONNECTION WITH ACTUARIAL SERVICES
REQUIRED BY THE GENERAL EMPLOYEES' RETIREMENT SYSTEM
R-82-448
82-448
17
EXECUTE AGREEMENT WITH MEDICAL ARTS TRAINING CENTER,
INC. FOR COORDINATION OF SERVICES RE: AN EMERGENCY
MEDICAL TECHNICIAN/PARAMEDIC TRAINING PROGRAM.
R-82-449
82-449
18
AUTHORIZE ISSUANCE OF WASTE COLLECTION
LICENSES TO
(A) ALL FLORIDA SANITATION INC.
(B) DAN GALASSO 14ASTE SERVICE INC.
(C) LA FE TRASH AND WASTE SERVICE
R-82-450
82-450
19
AUTHORIZE PAYMENT OF $50,000 TO BROWN. WOOD, IVEY,
MITCHELL AND PETTY FOR LEGAL SERVICES RE: SALE OF
$10,400,000 OF GOVERNMENT CENTER PARKING GARAGE
REVENUE BONDS.
R-82-451
82-451
20
WAIVE DEED RESTORATION FOR MARINE RELATED USES IN
CONNECTION WITH SUBMERGED LAND LEASE FOR DESIGNATION
LAND TO CORAL REEF YACHT CLUB,INC.
R-82-452
82-452
21
REQUEST HONORABLE ROBERT GRAHAM, GOVERNOR OF THE
STATE OF FLORIDA, TO INSURE THAT THE DEPARTMENT OF
LABOR USES FOOD STAMP DATA TO INCREASE THE OFFICIAL
UNEMPLOYMENT RATE WHICH WOULD SHOW REFUGEE IMPACT ON
STATE UNEMPLOYMENT.
R-82-453
82-453
22
EXECUTE AMENDED AGREEMENT WITH LITTLE HAVANA DEVELOP
T
AUTHORITY (LHDA) FOR PROFESSIONAL SERVICES RE:
DEVELOPMENT OF A "LATIN QUARTER" IN THE CITY OF
MIAMI.
R-82-454
82-454
23
GRANT DADE COUNTY QUIT CLAIM DEED ON CITY PROPERTY
FOR HIGHWAY PURPOSES AT N.W. 2ND STREET AND N.W.
3RD AVENUE.
R-82-455
82-455
24
APPROVE CONSTRUCTION AND OPERATION AT "SOUTH FLORIDA
EVALUATION AND TREATMENT CENTER"- AGU-AT
APPROXIMATELY 701-999 N.W. 22ND STREET.
R-82-456
82-456
25 AUTHORIZE CITY MANAGER TO EXECUTE AND DELIVER A DEED
TO STATE OF FLORIDA TRANSFERRING OWNERSHIP OF THE
FORMER SEABOARD RAILROAD TERMINAL PROPERTY AT
2200 NW. 7TH AVE. (FOR A FORENSIC HOSPITAL
FACILITY). R-82-457 82-457
26 ACCEPT PLAT:"PAGE GREEN" LOCATED ON NW. 23RD
STREET BETWEEN NW 7TH AND 8TH AVENUES. R-82-458 82-458
27 AMEND THE "BOARD OF MIAMI DEVELOPMENT ORDER, 14HICH
WAS APPROVED BY RESOLUTION NO. 79-850. R-82-459 82-459
-CONTI-NUED PAGE # 3
IT04 NO. DOCUMENT IDENTIFICATION m
OMMIS915N RETRIEVE TON Onr No.
p-
28 GRANT THE "MIAMI HERALD PUBLICATION CO." THEIR
29
30
31
32
33
34
35
0-
37
cam:
39
41
REQUEST FOR VARIANCES ON SETBACKS FROM CENTER LINE
OF STREET AND F.A.R. ALLOW ADDITION TO EXISTING
BUILDING AT ONE HERALD PLAZA.
GRANT REQUEST BY MIAMI HERALD FOR A MODIFICATION OF
CITY CHARTER REQUIREMENT (SEC. 3(4)(b) CHAPTER
10847-TO PERMIT CONSTRUCTION OF ADDITION OF EXISTING
BUILDING AT ONE HERALD PLAZA
GRANT REQUEST BY ROBERT L. JOHNSTON OF A CONDITIONAL
USE TO PERMIT A "COMMUNITY BASED RESIDENCE FACILITY".
APPROVE "WORLD TRADE CENTER" DEVELOPMENT ORDER, A
(DRI) TO BE LOCATED IN DOWNTOWN MIAMI PER FLORIDA
STATE STATUTE, CHAPTER 380.06.
VACATE AND CLOSE NE. 4TH STREET, BETWEEN NE.
1ST AND NE. 2ND AVES. RE: TENTATIVE PLAT #1071.
RESTRICT ENCROACHMENT UPON EXISTING BOAT PIT
AREA AT MARINE STADIUM SUBJECT TO CERTAIN PROVISIONS,
ETC.
APPLICATION BY LUIS PRIETO/CONCEPCION MUNOZ FOR ONE
YEAR EXTENSION OF VARIANCES AT APPROXIMATELY 3044
MATILDA.
RATIFY CONDITIONAL USE TO PERMIT A DRIVE -IN -TELLER
FACILITY AT 501-599 SW 27TH AVE. (ROYAL TRUST BANK
CORPORATION).
GRANT ONE YEAR EXTENSION OF VARIANCES ON REQUIRED
SIDE AND REAR YARD SETBACK AT 315-317 N.W. 43RD
AVE., AS REQUIRED BY MR. AND MRS. R. TEDONE.
CONTINUE TO GRANT, AFTER REVIEW, CONDITIONAL USE TO
PERMIT DRIVE IN TELLER FACILITY AT 100 NW 12TH AVE.
SUBJECT TO SIX MONTH REVIEW (APPLICATION "SUN BANK
OF MIAMI".)
VACATE/CLOSE SW SOUTH RIVERDRIVE BETWEEN SW
2ND AND 4TH STREETS (TENTATIVE PLAT #1091 "JOSE MARTI
PARK").
APPOINTMENTS TO ENVIROMENTAL PRESERVATION REVIEW
BOARD: HENRY C. ALEXANDER, DAVID M. SCULLY,
LUIS A FORS.
CLAIM SETTLEMENT: RAFAEL ALFONSO, BLUE CROSS/
BLUE SHIELD AND JACKSON MEMORIAL HOSPITAL
($50,000.00).
CLAIM SETTLEMENT: ROGER NEIDER, GAIL NEIDER, MARTIN
AND JOHN MARTIN ($10,000.00).
42 1 CLAIM SETTLEMENT: RINKER MATERIALS COMPANY ($11,000.)
R-82-460
R-82-461
R-82-462
R-82-463
R-82-464
R-82-465
R-82-466
R-82-467
R-82-469
R-82-470
R-82-471
R-82-472
R-82-476
R-82-477
R-82-4 78
82-460
92-461
82-462
82-463
82-464
82-465
82-466
82-467
82-469
82-470
82-471
92-472
82-476
82-477
82-478
D oc
UMENT NDEX'
JIV NO. DOCUMENT IDENTIFICATION
43 CLAIM SETTLEMENT: ORINETE URQUIOLA ($8,000.00).
44 CLAIM SETTLEMENT:WOODRWO B. HAGAN ($7,432.00).
45 CLAIM SETTLEMENT: HELEN AND DAVID EBENSTEIN
($10,000.00).
46 AUTHORIZE INSTALLATION OF PROTECTIVE FENCING AND
POSTS IN UPPER DECK, AND REPLACEMENT OF DETERIORATED
BLEACHERS IN WEST END ZONE OF ORANGE BOWL STADIUM.
47 ACCEPT BID: MET CONSTRUCTION INC. $30,000.00 ORANGE
BOWL STADIUM (WEST END BLEACHERS).
48 AUTHORIZE PAYMENT TO BENJAMIN H. TYRRELL OF
$63,437.69 FOR PRINTING SERVICES IN
CONNECTION WITH SALE OF $10,400,000 OF GOVERNMENT
CENTER PARKING GARAGE REVENUE BONDS.
R-82-479
82-479
R-82-480
1
82-480
R-82-481
82-481
R-82-482 1 82-482
R-82-483 1 82-483
R-82-484 1 82-484