HomeMy WebLinkAboutCC 1982-05-11 Minutesw
o *�xr ♦� �7 _ s .Y � j.
OF MEETING HELD ON
MAY 11, 1982
(REGULAR)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G.. ONGIE
CITY CLERK
a*
AWMICRfAF&IDA
0�
&Ucr REGULAR:MAY 11, 1982 ftI NAVRESOLUTIOCEN t308 PALL
1
DISCUSSION ART IN PUBLIC PLACES. DESIGNATE DOLLAR
I
AMOUNT TO BE SPENT ON SCULPTURE FOR CITY OF MIAMI/
UNIVERSITY OF MIAMI/JAMES L. KNIGHT CONVENTION CENTER
M-82-359
1-6
2
BRIEF DISCUSSION IN CONNECTION WITH FAILURE BY THE
CABLE T.V. LICENSEE TO HIRE MINORITIES.
DISCUSSION
7
3
INSTRUCT CITY ATTORNEY TO DRAFT APPROPRIATE ORDINANCE
(LATER FORMALI
ED
WHICH WOULD AUTHORIZE ISSUANCE OF NECESSARY BUILDING
AS ORDINANCE
PERMIT TO "BRICKELLBANC SAVING AND LOAN ASSOCIATION".
NO. 9418)
(SEE LABEL 67).
7-8
4
APPROVE REQUEST FOR FUNDS MADE ON BEHALF OF THE
I
"MIAMI CORAL SOCIETY, INC".
M-82-361
9-11
5
APPROVE GRANT OF $5,000.00 FOR THE "LATIN AMERICAN
CHAMBER OF COMMERCE" IN CONNECTION WITH A COMMUNITY -
WIDE CONFERENCE ON CRIME.
M-82-362
11-12
6
BRIEF COMMENTS RE: "CENTRO ASTURIANO"
DISCUSSION
12
7
COMMISSION EXPRESSION OF SUPPORT OF "COMMITTEE
SEEKING CHANGES IN NATURALIZATION PROCEDURES" WHICH
SEEKS LAW AMENDMENT TO ALLEVIATE PRESENT LANGUAGE
LIMITATION.
M-82-363
13-14
8
DISCUSSION SELECTION OF FIRM FOR THE ARCHITECTURE/
ENGINEERING/DESIGN SERVICES FOR DINNER KEY MARINA.
DISCUSSION
14-17
9
BRIEF DISCUSSION IN CONNECTION WITH FUNDING FOR THE
BIFURCATED SYSTEM IN THE DUPONT PLAZA AREA.
DISCUSSION
17-18
10
COMMEND DADE COUNTY MAYOR STEPHEN CLARK ON HIS
STATEMENT RE: DEVELOPMENT OF A DOWNTOWN AREA COLISEUM.
APPOINT VICE MAYOR JOE CAROLLO AS COMMISSION'S
REPRESENTATIVE TO THE SITE SELECTION COMMITTEE.
R-82-364
18-20
10.1
RECOMMEND MR. JUVENAL PINA AS CITY OF MIAMI
REPRESENTATIVE TO THE SPORTS AUTHORITY.
DISCUSSION
20-21
11
EX(PRESSION OF COMMISSION SUPPORT OF "APPRENTICENSHIP
TRAINING PROGRAM" IN CONJUNCTION WITH OTHER
MUNICIPALITIES AND OTHER GOVERNMENTAL AGENCIES IN THE
FIELD OF AUTOMOTIVE AND HEAVY EQUIPMENT MECHANICS.
R-82-365
21-24
12
EMERGENCY ORDINANCE: AMEND SECS. 2 and 5 OF 1021.
APPROPRIATE $312,000.00 FROM BUILDING AND VEHICLE
MAINTENANCE DEPARTMENT (HEAVY EQUIPMENT DIVISION)
FOR PROGRAM CALLED "RUBBISH CRANE REBUILDING PROGRAM".
ORD. 9415
24-25
13
WAIVE REQUIREMENT FOR FORMAL SEALED BIDS FURNISHING
OF FOUR PETERSON RUBISH CRANES FOR DEPARTMENT OF
BUILDING AND VEHICLE MAINTENANCE FROM PETERSON '
INDUSTRIAL MACHINES,INC.
R-82-366
25-28
14
EMERGENCY ORDINANCE. AMEND SECS. 2 AND 5 OF 9321.
APPROPRIATE $155,500.00 FROM THE DEPARTMENT OF BUILDING
AND VEHICLE MAINTENANCE (HEAVY EQUIPMENT MAINTENANCE
DIVISION) FOR PURCHASE OF HEAVY EQUIPMENT REPLACEMENT
UNITS.
ORD. 9416
28-29
15
ACCEPT VARIOUS BIDS FOR THE FURNISHING OF HEAVY
EQUIPMENT FOR THE DEPARTMENT OF BUILDING AND VEHICLE
MAINTENANCE.
R-82-367
29-31
18
19
20
21
22
23
24
25
26
27
28
29
30
Ila
CTREGULAR: MAY 11, 1982
APPROVE ACTION OF THE CITY MANAGER IN AUTHORIZING
"A-BU REFRIGERATION CO." TO REPLACE TWO 50-TON
COMPRESSORS IN THE AIR CONDITIONING SYSTEM OF THE
MUNICIPAL AUDITORIUM.
ACCEPT BID OF "ESTATE CONSTRUCTION SERVICES,INC."
FOR FURNISHING INSTALLATION OF QUARRY TILE TO
DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE.
COMMISSIONER J.L. PLUMMER REQUESTS OF THE CLERK
TO CHANGE HIS VOTE ON AGENDA ITEM 27-A (SEE LABEL
12).
AUDIO VISUAL PRESENTATION OF PROMOTIONAL FILM:
"MIAMI, A CITY OF LEISURE".
COMMISSIONER J.L.PLUMMER, APPOINTED BY THE COMMISSION
AS A COMMITTEE OF ONE TO BRING TOGETHER THE "CHAMPION
SHIP SPARKPLUG REGATTA" PEOPLE.
PRESENTATION OF:
(A) SCHEMATIC DESIGN AND OF
(B) THE BAYWALK PORTION OF BAYFRONT PARK REDEVELOPMENTI
PROJECT.
(DISCUSSION TEMPORARILY DEFERRED)
(SEE LABEL 38)
CITY COMMISSION URGES THE U.S. DEPARTMENT OF STATE
TO KEEP OPEN ITS CONSULATE OFFICES IN COLOMBIA,
SOUTH AMERICA, TO PROTECT STEADY FLOW OF COLOMBIAN
TOURISTS, INVESTORS AND MERCHANTS TO THIS CITY.
PRESENTATIONS, PROCLAMATIOPS AND SPECIAL ITEMS
BRIEF DISCUSSION RE: PRIVATE DONATIONS MADE TO THE
"BAYFRONT PARK REDEVELOPMENT PROJECT".
RECEIVE SEALED BIDS IN CONNECTION WITH KOUBEK
SANITARY SEWER IMPROVEMENTS SR-5477 C & S
RECEIVE SEALED BIDS IN CONNECTION WITH "MANOR
HIGHWAY IMPROVEMENTS, PHASE II- H-4473"
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH
"MIAMI MOTORSPORT INC." GRANTING THE PRIVILEDGE TO
CONDUCT AUTOMOBILE RACES IN DOWNTOWN MIAMI,
FIRST READING ORDINANCE: APPROVE APPROPRIATIONS
FOR FY-82-83 FOR THE DEPARTMENT OF OFF STREET
PARKING.
APPROVE EXPENDITURES REQUIRED BY THE DEPARTMENT OF
OFF-STREET PARKING FOR THE OPERATION/MAINTENANCE
OF "GUSMAN HALL AND THE OLYMPIA BUILDING" FOR
FY-82-83.
CONFIRM ORDERING RESOLUTION #82-256. AUTHORIZING
CLERK TO ADVERTISE FOR SEALED BIDS FOR CONSTRUCTION
OF BUENA VISTA HIGHWAY IMPROVEMENTS -
PHASE I (DISTRICT H-4475).
CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF "SILVER
BLUFF SANITARY SEWER IMPROVEMENT (DISTRICT SR-5414
C)"
PAGE # 2
INANCE SOLUTION p� �110s PAGE We
R-82-368 31
R-82-369 32
DISCUSSION
DISCUSSION
I DISCUSSION
I DISCUSSION
R-82-370
DISCUSSION
DISCUSSInH
M-82-371
M-82-372
R-82-373
FIRST READING
FIRST READING
R-82-374
R-82-375
33
33-34
34- 35
35-49
50-52
52-53
53-54
54
54
1 55-61
1 61-62
1 62-63
1 63-70
1 71
32
33
34
35
36
37
38
39
EIF
41
42
43
44
45
ilk
ANUffKAF &M
SIUCT REGULAR: MAY 11, 1982
CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF SILVER
BLUFF SANITARY SEWER IMPROVEMENT (DISTRICT SR-5414
S11)..
ACCEPT PROPOSED MODIFICATIONS OF EXISTING CONCESSION
AGREEMENT WITH "BETTE AND BERT 66 MARINA,INC."
EXTIND TIME WITHIN WHICH ARREARAGES CAN BE PAID.
PRESENT KEYS OF THE CITY TO THE BOARD OF ASTA
IN CONNECTION WITH THEIR FORTHCOMING CONVENTION
STIPULATION BY CITY COMMISSION THAT MONUMENT
PROPOSED TO BE PLACED ON S.W. 13TH AVENUE BE PLACED
INSTEAD IN JOSE MARTI RIVFRFRONT PARK. FURTHER
STIPULATING THAT NO OTHER MONUMENTS SHALL BE PLACED
IN SAID AREA.
DISCUSSION IN CONNECTION WITH ACTIVITIES AND
UNDESIRABLE ELEMENTS AT DOMINO PARK.
BRIEF DISCUSSION IN CONNECTION WITH PROPOSED DATE
FOR THE DEDICATION OF TACOLCY PARK.
RATIFY CITY MANAGER'S NEGOTIATION AND SETTLEMENTS/
COUNTERCLAIMS WITH MIAMI CENTER ASSOCIATES,INC.
DELAY IN COMPLETION OF THE CONFERENCE AND CONVENTION
CENTER.
CONTINUED DISCUSSION: AUTHORIZING AMENDMENT TO
AGREEMENT WITH FULLER AND SADAO, P.C. FOR
PROFESSIONAL SERVICES IN THE BAYFRONT PARK
REDEVELOPMENT PROJECT BASED ON REVISED MASTER PLAN
AND EXPANDED SCOPE OF SERVICES. (SEE LABEL 20).
PERSONAL APPEARANCE: RONNIE BROOK RE: PROPOSED
LEASING OF PORTION OF VIRGINIA KEY. INSTRUCT MANAGER
TO DRAFT NECESSARY DOCUMENTS AND ADVERTISE FOR
BIDS IN CONNECTION THEREWITH.
PERSONAL APPEARANCE: MARILYN REED. PROPOSED REDUCTION
IN.THE TREATMENT OF SEWAGE AT VIRGINIA KEY.
AUTHORIZE CITY MANAGER TO FORMULATE A LONG—RANGE
PLAN AND PROPOSED GUIDELINES IN CONNECTION WITH
PERMITTED USE OF SIDEWALK CAFES IN THE DOWNTOWN AREA.
GRANT REQUEST FOR FUNDS MADE ON BEHALF OF THE
"SOUTH FLORIDA SERVICE COORDINATING COUNCIL,INC."
DISCUSSION IN CONNECTION WITH COMPLAINT LODGED
j BY BRICKELL TOWNHOUSES RE:EXCESSIVE NOISE COMING
FROM NEARBY PRIVATE CLUB.
DENY REQUEST TO HAVE VIRGINIA KEY DESIGNATED AS A
"CLOTHING —OPTIONAL BEACH".
PERSONAL APPEARANCE: LES BROWN OF "CENTER FOR THE
QUEST FOR TRUTH" RE: THE "MIAMI YOUTH LEADERSHIP
INSTITUTE".
PAGE # 3
pRDI NANCE
rooLuTioNlt o, PACE M
R-82-376 72
M-82-377 72-76
DISCUSSION 77
M-82-378
DISCUSSION
DISCUSSION
R-82-379
R-82-380
M-82-381
DISCUSSION
M-82-382
M-82-383
DISCUSSION
M-82-384
I DISCUSSION
78
80-93
93-95
95-97
98-100
102-117
117-11E
121-121
124-12"
133-13,
v
r
1 N1
.mvr.r.n.rrrr
46
47
48
49
50
51
52
53
54
55
56
57
58
59
'IMD(
ANTST19FfAFFIDRID4
$(,LECTREGULAR : MAY 11, 1982
EXPRESSION OF COMMISSION SUPPORT OF MARTIN LUTHER
KING ECONOMIC DEVELOPMENT CORPORATION'S EFFORTS TO
ATTAIN FINANCIAL INDEPENDENCE. COMMISSION EXPRESSES
INTENT TO BECOME INVOLVED IN ACQUISITION OF LINCOLN
SQUARE OFFICE COMPLEX.
GRANT REQUEST FOR FUNDS MADE OF BEHALF OF THE " 1982
NATIONAL CHAMPIONSHIP ROWING REGATTA" TO BE HELD
AT MIAMI MARINE STADIUM.
GRANT CASH ASSISTANCE TO "MIAMI/BAHAMAS/GOOMBAY
FESTIVAL IN COCONUT GROVE, INC" VACATE/CLOSE
CERTAIN STREETS SUBJECT TO THE ISSUANCE OF THE
NECESSARY PERMITS.
DISCUSSION IN CONNECTION WITH A PROPOSED
"HYDROFOIL WATERBUS".
GRANT REQUEST FOR FUNDS MADE BY REPRESENTATIVES OF
MIAMI YOUTH BASEBALL ACADEMIES IN CONNECTION
WITH FORTHCOMING "LITTLE WORLD SERIES" TO BEGIN
5/3/82 ($10,000.00).
CITY C0MMISSION ABOLISHES THE "MIAMI BOXING
COMMISSION" AND DIRECTS THE ADMINISTRATION TO
RESTRUCTURE SAID BOXING COMMISSION.
GRANT REQUEST FOR FUNDS MADE ON BEHALF OF
"THE CHRISTIAN HOSPITAL" IN AN AMOUNT
NOT TO EXCEED $10,000.00.
COMMISSION EXPRESSION IN SUPPORT OF A PROPER
AND BALANCED "FREEZE ON NUCLEAR ARMAMENTS".
BRIEF DISCUSSION ITEM: PROPOSED PLACEMENT OF
"CLOCKS" ON CITY STREETS.
PERSONAL APPEARANCE: KIRA MIHAILITCHENDO
-VENDORS' CART RIGHTS.
BRIEF DISCUSSION AND DEFERRAL OF CONSIDERATION OF
PROPOSED INCREASE AND EQUALIZATION OF
CONTRIBUTIONS TO THE CITY'S "GROUP BENEFITS SELF
INSURANCE FUNDS", FOR BOTH ACTIVE AND RETIRED
EMPLOYEES.
AUTHORIZE CITY MANAGER TO PURCHASE VACANT PARCEL
OF PROPERTY AT APPROXIMATELY N.W. 20 STREET
AND 21 AVENUE, FOR $60,000.00 FROM CITY FUNDS.
AUTHORIZE AND PERMIT FLORIDA EAST COAST PROPERTY
INC. TO CONSTRUCT AND MAINTAIN A PEDESTRIAN OVERPASS/
WALKWAY ACROSS N.E. BAYSHORE DRIVE, APPROXIMATELY
BETWEEN THE OMNI GARAGE AND THE PLAZA VENETIA MARRIOT
HOTEL.
FIRST AND SECOND READING ORDINANCE: AMEND SEC. 1 OF
8719 (SUMMARY GRANT APPROPRIATIONS) ESTABLISH NEW
TRUST AND AGENCY FUND: "SUMMER FOODS SERVICE PROGRAM
FOR CHILDREN 1982"-APPROPRIATE $84,000.00 FOR
OPERATION OF SAME.
PAGE if
p0I NANCE
REsow rl '4101PACE N0. -
R-82-385
135
M-82-386
136-138
R-82-387
138-142
DISCUSSION
142-144
M-82-388
144-145
M-82-389
145-147
M-82-390
148
M-82-391
149
DISCUSSION
150
DISCUSSION
151
DISCUSSION 156-158
R-82-392 1 158
R-82-393 159-160
ORD. 9417 160-161
i
8 Anion
31 NO.
60
61
62
63
64
64.1
64.2
64.3
64.4
64.5
64.6
64.7
64.8
64.9
64.10
'Im
C1TY'SSIQff AMI, FlARIII4
SECT REGULAR: MAY 11, 1982
AUTHORIZE CITY MANAGER TO ACCEPT $84,410.00 FROM U.S.
DEPARTMENT OF AGRICULTURE FOR A "SUMMER FOODS SERVICE
PROGRAM FOR CHILDREN". DIRECTING CITY MANAGER TO
IMPLEMENT SAID PROGRAM.
AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACTS WITH:
(A) BELAFONTE- T ACOLCY, and
(B) YOUTH CO-OP INC., FOR ADMINISTRATION AND
OPERATION OF"SUMMER YOUTH CETA TITLE IV"
ACCEPT BID: KENNY DRAPERY ASSOCIATES 0C, FOR
$184,450.00 ADDITIVE ITEMS "B" AND "C" OF PROPOSAL
FOR "CITY OF MIAMI/UNIVERSITY OF MIAMI/JAMES L. KNIGHT
INTERNATIONAL CENTER/FINISHES AND MILLWORK".
ACCEPT BID: ROMA CONSTRUCTION INC. $343,490.00. BASE
BID FOR PROPOSAL FOR "CITY OF MIAMI/UNIVERSITY OF
MIAMI/JAMES L. KNIGHT INTERNATIONAL CENTER/FINISHES
AND MILLWORK".
CONSENT AGENDA.
ACCEPT BID: AVIS RENT A CAR, INC. ($127,500.00)
RENTAL OF APPROXIMATELY 25 AUTOMOBILES
(FOR POLICE DEPARTMENT).
ACCEPT BID: LITTON PRODUCTS ($56,425.69) CONVENTION
CENTER FURNITURE (PUBLIC WORKS).
ACCEPT BID: PORT OF MIAMI CLINIC ($95,970.00)
APPROXIMATELY 914 PHYSICAL EXAMS. (POLICE DEPARTMENT).
ACCEPT BID: JETCOAT CORPORATION ($130,000)
ESTIMATED 200,000 GALLONS EMULSIFIES ASPHALT
(PUBLIC WORKS).
ACCEPT BID: ALLIED UNIVERSAL CORP. APPERSON CHEMICALS
INC. ($17,181.25, $7,425.00 respectively) SWIMMING
POOL CHEMICALS (RECREATION DEPARTMENT)
ACCEPT BID: GARMENT CORP. OF AMERICA: JULES BROS.
UNIFORM, INC. ($64,714.10, $4,872.00 respectively)
(WORK UNIFORMS CITY-WIDE).
PUBLISH NOTICE OF PUBLIC HEARING FOR OBJECTION
TO ACCEPTANCE OF COMPLETED WORK OF "LYNDALE SANITARY
SEWER IMPROVEMENTS-SR-5462 C & S
ACCEPT COMPLETED WORK FROM SUNSET ENTERPRISES
INC. ($26,445.) FOR VIRRICK GYM -BOAT RAMP MODIFICATION
ACCEPT COMPLETED WORK FROM P.N.M. CORP.
(176,156.00) ASSESS LIQUIDATED DAMAGES AND
AUTHORIZE FINAL PAYMENT FOR "CENTRAL DRAINAGE
PROJECT E-49.
ACCEPT COMPLETED WORK FROM REDLAND CONSTRUCTION
CO.INC. ($239,970.57) FOR MANOR HIGHWAY IMPROVEMENTS
PHASE I -BID "B" DRAINAGE IN DISTRICT W4465.
PAGE # 5
tDS1oWtiayj, I PAGE NO,
R-82-394 161
R-82-395 1162
R-82-396 162
R-82-397 163
163
R-82-398 164
R-82-399 164
R-82-400 164
R-82-401 164
R-82-402 1165
R-82-403 165
65
R-82-404
R-82-405 65
R-82-406 [65
1 R-82-407
65
l j We
65
66
67
68
69
70
71
72
73
I
74
—1 75
76
'It�f
CITfISTJ 1�fAMI, F1.ORID4
SILECT REGULAR: MAY 11, 1982.
ACCEPT BID FROM:
(A) M.P.S. INDUSTRIES INC.
(B) LONESTAR FLORIDA INC.
(C) KWIK—MIX CONCRETE CORP
(D) RINKER MATERIALS CORP.$146,700. FOR 3,600 CUBIC
YARDS OF READY MIX CONCRETE (PUBLIC WORKS).
BRIEF DISCUSSION AND DEFERRAL OF PROPOSED
ACCEPTANCE OF BID FROM ROYCE PARKING CONTROL
INC. FOR "SECURITY GATE OPERATORS" (POLICE
DEPARTMENT) .
AUTHORIZE BUILDING DEPARTMENT TO ISSUE NECESSARY
BUILDING PERMIT TO "BRICKELLBANC SAVING AND LOAN
ASSOCIATION" SUBJECT TO COMPLIANCE WITH CERTAIN
EXISTING REQUIREMENTS, ETC. (SEE LABEL 3).
AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT
TO AGREEMENT WITH A.TAQUECHEL ASSOC., INC. AS
ARCHITECTURAL/ENGINEERING CONSULTANTS ON FIRE
RESCUE TRAINING FACILITY PROJECT,FOR EXTRA WORK
PERFORMED.
AUTHORIZE INCREASE IN SCOPE OF CONTRACT WITH FIRST
FLORIDA BUILDING CORPORATION FOR CONSTRUCTION OF A
FIRE TRAINING RESCUE CENTER IN AN AMOUNT NOT TO EXCI
$113,000.00.
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH
CHAMPION SPARK PLUG COMPANY RE: "ELEVENTH ANNUAL
CHAMPION SPARK PLUG UNLIMITED REGATTA" TO TAKE
PLACE AT MARINE STADIUM.
GRANT REQUEST MADE BY "ASSOCIACION DE RETIRADOS
CUBANOS DE LOS ESTADOS UNIDOS" FOR USE OF THE
LITTLE HAVANA COMMUNITY CENTER AUDITORIUM.
AUTHORIZE CITY MANAGER TO ACCEPT GRANT FROM THE
STATE DEPARTMENT OF NATURAL RESOURCES IN THE AMOUNT
OF $319,556. FOR DEVELOPMENT OF "JOSE MARTI
RIVERFRONT PARK".
ALLOCATE $55.000. FROM C.D. BLOCK GRANT FUNDS TO
DOWNTOWN DEVELOPMENT AUTHORITY TO COVER COST
OF CONSULTANT SERVICES ON THE "PARK WEST
PROJECT".
ALLOCATE $162,500. OF C.D. BLOCK GRANT FUNDS TO
METRO FOR ADMINISTRATION OF CERTAIN CITY OF MIAMI
ACTIVITIES PERFORMED BY THE COUNTY'S DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (HUD).
ALLOCATE $35,000 OF HOUSING BOND FUNDS TO METRO
FOR ADMINISTRATION OF THE "PUBLIC HOUSING
SCATTERED SITE PROGRAM" BY THE DADE COUNTY
DEPARTMENT OF HUD.
ENTER INTO AGREEMENT WITH METRO DADE FOR LEASE OF
OFFICE SAPCE AT CULMER—OVERTOWN NEIGHBORHOOD
SERVICE CENTER TO BE USED IN CONNECTION WITH THE
"OVERTOWN JOB PROGRAM".
PAGE # 6
rI NMC11
oUjTla4o, I PAGE NO,
R-82-408 166
DISCUSSION 166
ORD. 9418
R-82-409
R-82-410
R-82-411
M-82-412
R-82-413
R-82-414
R-82-415
R-82-416
R-82-417
166-167
1 168
1 168-169
1 169
1 170
1 171
1 171
1 172
1 173
1173
i
—
INV
CI419. 19 fF, 6RIDA
j
SLLECr REGULAR: MAY 11, 1982
77
ACCEPT BID: FROM DELTA ENGINEERING CONTRACTING
CORPORATION AND DELTA PLUMBING CORPORATION-
$255,673.26 RE: "CITY-WIDE - W. 57 AVENUE
SANITARY SEWER IMPROVEMENTS SR-5469 C & S.
78
ORDERING RESOLUTION. "CENTRAL SANITARY SEWER
IMPROVEMENT SR-5481-C" DESIGNATING PROPERTIES
TO BE ASSESSED.
79
APPROVE ACTION OF SECRETARY OF TRANSPORTATION-
FLORIDA DEPARTMENT OF TRANSPORTATION, IN
DESIGNATING PORTIONS OF THE APPROACHES TO THE
PROPOSED MIAMI AVENUE BRIDGE AS LIMITED ACCESS
&AC ILIT IES .
80
RATIFY ACTION OF ADMINISTRATION IN AUTHORIZING
ADDITIONAL WORK BY BARTON, ASHMAN ASSOC. INC.
ON THE "DOWNTOWN GOVERNMENT CENTER PARKING
GARAGE".
81
AMEND RESOLUTION 82-216, INCREASE TOTAL
ASSESSMENT ROLL FOR CONSTRUCTION OF SIMPSON
SANITARY SEWER IMPROVEMENT -DISTRICT SR-539 1- C
82
AMEND RESOLUTION 82-215, REDUCE THE TOTAL
CONFIRMED ASSESSMENT FOR CONSTRUCTION OF SIMPSON
SANITARY SEWER IMPROVEMENTS SR-5391-S.
83
AUTHORIZE CITY MANAGER TO AMEND AGREEMENT WITH
RALPH, ALLEN, INC. GOLF PROFESSIONAL AT MIAMI
SPRINGS COUNTRY CLUB, PROVIDING FOR AN
EXTENSION OF SAID CONTRACT.
84
DEFER PUBLIC HEARING CONCERNING ISSUANCE OF
DEVELOPMENT ORDER FOR THE "MIAMI WORLD TRADE
CENTER".
85
ALLOCATE $22,000 TO UNDERTAKE, JOINTLY WITH
METRO DADE, A "COMPREHENSIVE HOUSING/SOCIAL
SERVICE SURVEY OF HAITIAN COMMUNITY"
IN THE NORTH CENTRAL PORTION OF THE CITY
86
BRIEF DISCUSSION AND DEFERRAL OF CONSIDERATION
OF PROPOSED EXPANSION OF THE BOARD OF DIRECTORS
OF MIAMI CABLE ACCESS CORPORATION.
87
AUTHORIZE CITY MANAGER TO AMEND AND EXTEND THE
LEGISLATIVE SERVICES AGREEMENT WITH THE LAW
FIRM OF CRAMER AND CRAMER, INCREASING MONTHLY
COMPENSATIONS.
87.1
BRIEF COMMENTS IN CONNECTION WITH THE HOLDING
OF A PUBLIC HEARING RE: THE :BAYFRONT PARK
REDEVELOPMENT PROJECT".
PAGE # 7
p�I NANCE
R�sowTio.-A, IPAGE NO, -
R-82-418 174
R-82-419 1 175
R-82-420 175
R-82-421 176
R-82-422 177
R-82-423 1 177
R-82-424 178
R-82-425 1 179
R-82-426
179-18(
DISCUSSION
180-18:
R-82-427
181
DISCUSSION
1 181
i
r
0
CI�IC���i1 TA NAMI, FL DA PAGE # 8
INANCE0�j
.71 NO, $UCT REGULAR: MAY 11, 1982 SOLV I ON n0 � PAGE NO,
88
89
90
91
92
93
94
95
96
EXTEND EXISTING LEASE AGREEMENT WITH G. & R.
MANAGEMENT INCORPORATED FOR USE OF THE TWELFTH
FLOOR OF THE BUILDING AT 150 S.E. 2nd AVENUE
UNTIL COMPLETION OF CONVENTION CENTER PROJECT.
RESCHEDULE CITY COMMISSION MEETING DATES FOR
MONTH OF JULY 1982
PERSONAL APPEARANCE: VICTOR LOGAN-BRIEF DISCUSSION IN
CONNECTION WITH USE OF THE COURTYARD SPACE AT
COCONUT GROVE EXHIBITION CENTER HALL.
CLAIM SETTLEMENT: JOSE PORTELA AVILA
FIRST READING ORDINANCE: CHANGE NAME OF
DEPARTMENT OF TRADE AND COMMERCE DEVELOPMENT -
APPOINTING A DIRECTOR -PRESCRIBING
FUNCTIONS AND DUTIES,ETC.
FIRST READING ORDINANCE: CHANGE NAME OF DEPARTMENT
OF TRADE AND COMMERCE DEVELOPMENT TO DEPARTMENT
OF INTERNATIONAL TRADE PROMOTION -PROVIDING
FOR APPOINTMENT OF A DIRECTOR -PRESCRIBING
FUNCTIONS AND DUTIES, ETC.
FIRST READING ORDINANCE: AMEND SECS. 1 AND 5
OF 9321. INCREASE APPROPRIATIONS FOR THE CITY
MANAGER'S OFFICE TO PROVIDE FOR TWO ADDITIONAL
ASSISTANTS CITY MANAGERS, AND ONE ADMINISTRATIVE
SECRETARY II.
FIRST READING ORDINANCE: AMEND SECS. 1 AND 5
OF 9321. INCREASE APPROPRIATIONS OF THE LAW
DEPARTMENT TO COVER FOR INCREASED OPERATING
EXPENSES IN SAID DEPARTMENT.
FIRST READING ORDINANCE: AMEND SEC. 1 OF 9353-
ESTABLISH MARINAS RETAINED EARNINGS AS A RESOURCE
TO ESTABLISH "MLAMARINA AND WATSON ISLAND MARINAS
MAJOR MAINTENANCE", IN ORDER TO PROVIDE FUNDING
FOR REPAIRS AT MARINA FACILITIES.
R-82-428
R-82-429
DISCUSSION
R-82-4 30
FIRST READINGI
FIRST READING
FIRST READING
FIRST READING
FIRST READING
182
183
183-184
184-185
185
1 186
13.87
1 188
1189
,i..r...
MINUTES OF REGULAR MEETING OF THE
CITY C014MISSION OF MIAMI, FLORIDA
On the llth 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 9:08 O'Clock A.M. by
Mayor Maurice A. Ferre with the following members of the
Commission found to be present:
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
ALSO PRESENT:
Howard V. Gary, City Manager
George F. Knox, City Attorney
Matty Hirai, Assistant City Clerk
An invocation was delivered by Mayor Ferre who then
led those present in a pledge of allegiance to the flag.
On motion duly made and seconded by the City Commission,
the Minutes for the Meeting of February 25, 1982 were approved.
1. DISCUSSION ART IN PUBLIC PLACES -DESIGNATE DOLLAF AI'.OUTTT TO tE SPENT
ON SCULPTUM FOR CITY OF I7AI1I/UNIVERSITY OF ':IAMI JAI MS L. I71IGIET
COIiVENTIOid CE13TER.
Mayor Ferre: On pocket items, I would like to ask Bob Brown who is here,
architect Bob Brown is the Chairman of our Art in Public Places Committee
and I notice that also Mr. Candella, the architect of the City of Miami
Knight Center, I see that Lester Pancoast and other members of this com-
mittee are present today for which I'm very grateful. Mr. Brown, as I under-
stand it, you want to talk to us about the City of Miami Knight Convention
Center. Could you put the microphone on? All right, sir.
Mr. Bob Brown: Well, the purpose of being here, Mr. Mayor and Commissioners,
is at the request of the administration to give you a progress report on our
efforts in regard to the art budget and the art selection for the Knight Center
downtown. our committee has been involved with it now for several months and
as we are in the process of making our formal recommendation to the Manager
which will come before you at the appropriate time, but in the meantime, it
is appropriate, I think, that we inform the members of the Commission of our
progress and what our thoughts are today. We think that for one time in our
deliberations for selection of an art piece we have an enthusiastic and unan-
imous opinion about our recommendation for the Civic Center and a very appro-
priate one.
Mayor Ferre: It isn't "Flying Bacon" is it?
Mr. Brown: No, it isn't "Flying Bacon", we understand that is taken or berried
or eaten, it is not one of our considerations. But we have gone to an avail-
able situation involving the very renowned artist, Joan Miro who maybe is one
of the last living and very great members of the great school of creative
artists that came out of Spain and Europe and we feel would be a great feather
in the cap of our City if we could get an appropriate piece. It so happens
*NOTE: Commissioner Carollo entered the Meeting at 9:14 A.N.
91 MA i I I Igor.
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that such a piece is available and is also a piece that is also appropriate
for the Knight Center because we have seen some art work and seen it criticized
recently because it gets stuck in places where it can't be seen appropriately
and so on. But it just happens that the Knight Center has a very elegant ap-
proach plaza that will be appreciated by people on the expressway or as they
come by on the People Mover and certainly as they use the building. The piece
in question is one that is called "Lunar Bird", it is approximately 20 foot
high, a bronze piece of great strength, great power, and it has a sort of dual
facility of being significant from the distances that it will be possible to
see it and also be very impressive in moving if you happen to be at close range
to it. Now, Mr. Candella is here with, I think, some plans of that space so
that you can look and see how it sits, I have a very small picture of the
piece, it doesn't really do it justice but I'll be happy to pass it around.
Mayor Ferre: Mr. Brown, before we hear Mr. Candella, could we ask you some
questions?
Mr. Brown: Yes, I'm here for the questions, of course.
Mayor Ferre: Did your committee meet and deliberate on this?
Mr. Brown: For the last two years it has been a topic of almost constant....
Mayor Ferre: Was there a vote on this?
Mr. Brown: Yes.
Mayor Ferre: And could you tell us what the vote was?
Mr. Brown: It was a unanimous vote and it has happened with former committees
Mayor Ferre: Let me ask you a second question. The second question is, you
know that Miro is in his 80's, I forget whether he is 85 or 83 or something
but he is in his 80's, you know he is a very old man.
Mr. Brown: Yes.
Mayor Ferre: Even though my father would object strenuously to my putting it
quite that way, let me say that he is a relatively old man.
Mr. Brown: He's a vigorous old man, I'm told, as Picasso was.
Mr. Plummer: You're talking about Ferre's father?
Mayor Ferre: Well, I know that my father is vigorous, I have no questions on
that. But let me ask you, is he up to doing something like this or is this
a piece, I know that that piece exists in a smaller scale because that's
probably one of the best known sculptures in the world.
Mr. Brown: That's true, he is capable as far as we can tell and that has
been researched, Mayor Ferre, people from Candella's office who happened to
be in Spain have called there and we have been in touch with the gallery
people that represent him. He doesn't have to start from scratch on this
thing, it exists as a six foot or so piece which Mrs. Cano
from our committee who is here has just seen in the Hirschorn Gallery in
Washington. That will be brought up and become a bronze piece approximately
20 feet high so it is a relatively quick operation, Mayor Ferre, it is not
going to be 2 or 3 years in doing it, if we can get it settled then it can
be done quickly.
Mayor Ferre: Well, that would be the largest sculpture that Miro has ever
done, I would imagine, I mean in size.
Mr. Brown: Yes, I think it is, certainly.
Mayor Ferre: Now let me ask you, I have one last question. A piece like
that whether it is done by Picasso or Miro or Stephen Calder or any of the
great modern contemporary artists, you know something like that has got to
cost close to a million dollars. Now, the question is this: That would
take most of the budget for art, are you saying that you prefer to put one
very important piece at the entrance to this thing and let that be the ex-
pression of art?
Mr. Brown: That's generally it, we have discussed it from lots of points
Of view but it is much more significant we feel to have the entire budget
,),9 MAY 111982
tb ihtd m5fh thing of great significance that would have a great name for
the town, yes.
Mayor Ferre: I've got one last question. Does the architect concur with
all of this? Okay, any other questions?
Mr. Plummer: I didn't hear the answer.
Mayor Ferre: Yes, put it into the record so we....
Mr. Brown: Yes, the architect does concur and they've worked very closely
with us all the way through.
Mayor Ferre: Does anybody else have any other questions?
Mr. Plummer: Well, about a million dollars is not the way you write out a
check.
Mr. Brown: No, I think it has to be determined in exact dollars but we....
Mr. Plummer: What is the total budget, that's 1�% ?
Mr. Brown: 1�$ of the construction cost, but as of yet we have not been given
a dollar figure for that budget.
Mr. Gary: Mr. Mayor, there is no budget for arts with regard to the Conference/
Convention Center.
Mayor Ferre: No, no, no, don't put it that strongly, say that there is no cur-
rent budget that has been appropriated for this, but as I recall, we ....
Mr. Gary: No current budget.
Mayor Ferre: This Commission adopted along with Jack Orr was alive, I think
we adopted, as I recall, a resolution approving of, and I think we passed an
ordinance which we would have to change, I think we are bound by the County
ordinance, but if we're not bound by the County ordinance we're certainly
bound by the City ordinance which we would have to change and that ordinance
specifically says that in any public building that 1�% will be spent on public
art, as I recall. Do you remember that, Bob? J. L., do you remember it?
Mr. Gary: Yes, we have one.
- Mr. Plummer: We have such an ordinance, Mr. Mayor, you know, but here again,
you know I'm trying to come to a bottom line of all of the overruns that we're
seeing at the present in the Convention Center and now I am given reason to
believe that the current budget has zero dollars and with keeping in mind of
all of the problems that are being heard, where are we going to suddenly,
this magic wand of an additional million dollars? Now, I think, you know,
we'd better talk pretty heavy to that.
Mayor Ferre: Well, later. on we're going to be getting into the settlement
agreement and I.would imagine that the settlement agreement, as I read it
was 5.2 million dollars and that money is coming from Florida Power and Light
Franchise funds. What is the estimate of what this Miro piece will cost?
Mr. Brown: It has been estimated for the piece without some of the things
that have to be done to accomodate it at $500,000.
Mayor Ferre: So it isn't a million dollars.
Mr. Brown: No, it isn't a million.
Mr. Dawkins: Well, with the other things included, what is the price? Give
us the bottom line?
Mr. Brown: We don't have it full yet, Commissioner.
Mr. Dawkins: So you want me to okay an open-ended contract for you?
Mr. Brown: No, let me give you our estimates since we have an open-ended
thing too, we haven't been given a budget but we're trying to work within
the framework of what we think it might be.
Mr. Plummer: Excuse me, there is no budget.
)3
MAY 111982
Ei
f
Mr. grown: We have not been given a figure for the budget.
Mr. Plummer: There is no budget!
Mayor Ferre: lk%.
Mr. Brown: But we have an ordinance that we worked with on the other projects
and I suppose I should say the precedent on other projects has guided us here.
Mr. Plummer: What are you predicating it upon, the Convention Center itself?
Mr. Brown: We haven't attempted to make that separation, Commissioner, but we
think....
Mayor Ferre: It has to be done on that basis.
Mr. Plummer: Somebody better somewhere along the line, you know the Convention
Center itself, as I recall, at one time, of course, that was, you know, now
it has proven to be a big joke, was $19,000,000. Now, are you figuring your
1�% from -that or obviously you're figuring it from somewhere else.
Mr. Brown: The ordinance states it so that you could use that number that was
originally advertised and we're saying that somewhere in there it would appear,
expending on how it is counted, Commissioner, that lei% would be in the neighbor-
hood of Is to 3/4 of a million dollars. So in order not to let this thing come
up when the building is occupied, we have worked within that, attempted to pin
down a budget, understanding there's not one, .....
Mayor Ferre: No, but I mean it is lh% of what?
Mr. Brown: Construction cost.
Mayor Ferre: But what is the construction cost?
Mr. Brown: That depends on how it is counted in this case, but that is the
cost of the building, not the land.
Mayor Ferre: Well, what is the construction cost for the City of Miami's
portion of this? $60,000,000?
Mr. Vince Grimm: $65,000,000.
Mr. Plummer: Not of the Convention Center.
Mr. Grimm: Just the Convention Center.
Mayor Ferre: $65,000,000, 1�% of that is about $900,000, so if we spend
$500,000 for the statue and what would it be for preparation, $50,000?
Mr. Brown: 50 to 75 maximum.
Mayor Ferre: Well, I think the big question is this: I think what the ques-
tion is, members of the Commission is, in the past ten years that I can rem-
ember, not once has the City of Miami or Metropolitan Dade County failed to
do that. Do you know of any case where we've not done that, J. L.?
Mr. Plummer: No.
Mayor Ferre: This would be the first time where a major public building would
be build in the last 10 years that major art has not been placed in the midst
of that building.
Mr. Plummer: Mr. Mayor, let me give you just an opinion. Of course, you know
I don't think we've ever been faced either with the economic problems that
we're looking at today nor the cost overruns that we're experiencing in the
auditorium or the total complex. I think, Mr. Mayor, that the same group of
people like that of Lester Pancoast and his committee who is seeking private
funds for the park, I think it would be a tremendously spirited activity to
do likewise for the Convention Center. There is nothing that precludes the
private sector coming up with the lei.
Mayor Ferre: We've never done that.
Mr. Plummer: Well, we've never done it but we have never been faced with
what we are today.
04 MAY 1 � 19MA
82
Mayor Ferre: Well, you know, whatever you guys want to do is all right with
me but I think we ought to get on with it so that we can tell these people
to stop deliberating and we can tell them to roll, to go ahead and do some-
thing else. The fact is that this man obviously in his mid 80's is not long
for this life. The fact is that a piece of this magnitude and of this import-
ance is something that is going to be a monument to, hopefully for the beauty
of the City in the future and I think Jack Orr and those that were involved
in art in public places were very very wise in what they did. I know these
are difficult times but, on the other hand, I think we have an obligation.
I think that that is a very austere building. I like it architecturally, but
because of the space constraints and the highway there are an awful lot of
walls that come at you very quickly and I think something of this magnitude
and this size would be a major step forward and it is part of what we have
always tried to do is beautifying these buildings.
Mr. Dawkins: Mr. Mayor, may I ask a question? Tacolcy Center is a public
place, what art was put in there? Gibson Park is a public place, what
art was put in....
Mr. Plummer: No, building.
Mr. Dawkins: Well, Tacolcy has a building.
Mr. Plummer: I think, Miller, to answer your question, the only thing that
this Commission has done prior or subsequent to that ordinance passing was
put a new roof on. It has to be a new structure for construction money.
Mayor Ferre: I am totally in favor of every and any park, building, structure
or public building having art and I might say that when we did African Square
we went out of our way to add more and we commissioned local artists to do all
types of things and we've done that in the past and I am a strong believer
that we've got to do that in the future. Now, it has nothing to do with whether
it is Tacolcy or whether it is Cuban or black or anything else, it ought to be
done everywhere.
Mr. Dawkins: Let the records reflect that the Mayor made it ethnic, not Miller
Dawkins.
Mayor Ferre: Well, let the record reflect that the Mayor with pride made the
statement that art belongs to everybody and that art should be part of every
single community building, that we should not at any time build anything in
Little Havana without putting a mural or beautifying it somehow. We did it in
the Little Havana Community Center and I think we should do it in Tacolcy and
we should do it everywhere that the City of Miami puts up any buildings.
Mr. Plummer: I, Mr. Mayor, think that what would be proper at this time, and
it is just my feelings, that before this Commission is prepared to vote on any-
thing this Commission has got to have a full set of facts (1), I think you
have to figure where you're coming from even on a hypothetical paper product
of what is the 1�% predicated upon. I.think then secondly, and most important
it behooves the Manager once that figure is developed, to tell this Commission
where he is going to get the dollars from to put this thing into reality. As
I hear right now from the Manager, there is no current budget and I don't see
anything becoming too rapidly current. So I think those are the two items
that you've got to first settle before you could even really ask this Commis-
sion to do anything.
Mayor Ferre: Okay, look, let me do it this way. Let me put it in the form
of a motion. I would like to move that it is the intention of the City of
Miami Commission to live up to the lh% Art in Public Places in all public
buildings that the City of Miami does and that we're not abandoning that
principle. (2) That we continue in the principle of having a balanced Art
in Public Places Committee to deliberate and recommend to the City Commis-
sion for a final decision. (3) Specifically with regards to the City of
Miami/University Knight Center that the recommendation of the committee as
presented today by Chairman Brown be accepted in principle. (4) That the
Manager be instructed to come back to the City Commission at the next Com-
mission Meeting recommending potential funding sources for this project and
(5) that once that is done that the artist be immediately notified due to
his advanced age so that at least we can begin this process as early as
possible. Now, does that cover it in good general terms without getting
into specific.... We're approving it in principle, we accept your recom-
mendation, we're asking the Manager to come back with funding sources for
the next Commission Meeting. I so move.
05 MAY 1 1 1982
r r
Mr. Carollo: There is a motion, is there a second?
Mr. Perez: I second.
Mr. Carollo: There is a motion and a second. Any further discussion?
Mr. Plummer: I can agree with points (1) and (4), I cannot agree with (2),
(3) and (5), I think it is putting the cart before the horse, I think that
the most important is (4) and that is that we establish the facts. The facts
are what is the budget and (2) where is the money coming from. Once that is
established and determined then we can go from there but until that time I am
not prepared to vote favorably.
Mr. Carollo: Any further discussion? Hearing none, can we have a roll call?
The following motion was introduced by Mayor Maurice Ferre who moved its
adoption:
MOTION NO. 82-359
A MOTION STATING THE INTENT OF THE CITY COMMISSION TO PROCEED
AS FOLLOWS:
1) TO LIVE UP TO THE COMMITMENT THAT ALL APPROPRIATIONS
FOR THE ORIGINAL CONSTRUCTION OF GOVERNMENTAL BUILD-
INGS BY THE CITY COMMISSION SHALL INCLUDE AN AMOUNT
OF NOT LESS THAN 1.5% OF THE TOTAL APPROPRIATION FOR
THE CONSTRUCTION OF SAID BUILDING TO BE USED FOR THE
ACQUISITION OF WORKS OF ART;
2) TO FOLLOW THE PRINCIPLE OF HAVING A BALANCED ART -IN -
PUBLIC PLACES COMMITTEE WHICH SHALL DELIBERATE AND
RECOMMEND TO THE CITY COMMISSION PRIOR TO FINAL DECI-
SIONS BEING TAKEN;
3) FURTHER, ACCEPTING, IN PRINCIPLE, THE RECOMMENDATION
OF THE ART IN PUBLIC PLACES COMMITTEE PRESENTED BEFORE
THE CITY COMMISSION ON THIS DATE BY ITS CHAIRMAN, MR.
BOB BRAWN, IN CONNECTION WITH THE PROPOSED PLACEMENT
OF A 20 FOOT SCULPTURE BY SPANISH ARTIST JOAN MIRO TO
BE PLACED IN THE CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES
L. KNIGHT INTERNATIONAL CONVENTION CENTER PLAZA;
4) FURTHER, INSTRUCTING THE CITY MANAGER TO COME BACK
BEFORE THE CITY COMMISSION AT THE NEXT SCHEDULED MEET-
ING WITH HIS RECOMMENDATIONS AS TO POTENTIAL SOURCES OF
FUNDING; AND
5) THAT ONCE ALL THE ABOVE STEPS HAVE BEEN TAKEN, THE CITY
ADMINISTRATION PROCEED TO IMMEDIATELY NOTIFY THE ARTIST
DUE TO HIS ADVANCED AGE IN ORDER THAT THIS PROCESS MAY
BEGIN AS QUICKLY AS POSSIBLE.
Upon being seconded by Commissioner Perez, the motion was 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 and Commissioner Miller J. Dawkins
ABSENT: None.
ON ROLL CALL:
Mr. Carollo: Before I vote, I'd like to state my position of why I'm going
to vote the way I am. While in the past on many occasions I have sided with
parts of the feelings that a two of my colleagues have presented here today,
at the same time I feel that we have to be just in the way we deal not only
with art but in every other decision that this Commission makes. I am going
to go along with the motion at this point in time, however, I would certainly
reserve my vote at any time in the immediate future if I see that things are
j not done in a proper fashion and I would certainly hope that we could begin
to function in this manner in a way that would be pleasing to all my colleagues
on the Commission and that would be sort of pride for this community to choose
art that is going to make us feel proud of having it. I vote yes.
�10
MAY 1 1 1982
T%
11
F
2. BRIEF DISCUSSION I111 CO171TECTI011 WITH -FAILURE BY TILM CABLE T.V.
LICENSEE TO c;I?.E MINORITIES.
Mayor Ferre: Are there any other pocket items?
Mr. Dawkins: Yes, I have some pocket items, Mr. Mayor, please. My first
pocket item is I'd like to instruct Mr. Gary to please get me a report on
the Cable TV, what they are doing, etc., on the site that he was so glorious- .
ly going to rebuild, it is a weeded area and it looks worse now than it did
before he went in there. He promised to enhance the area and it is more dis-
tressed. I do not see any minorities working around there as he promised,
nor do I see any place where this TV company has included minorities in its -
anything which I think is in violation of the agreement which he agreed to
and I'd like for you to give me a status report as quickly as you can so
that I can take whatever steps that might be necessary to revoke his grant
if it is possible because in my opinion he is not living up to his agreement.
Mayor Ferre: Are you talking about Americable?
Mr. Dawkins: Yes, Americable.
Mayor Ferre: Well, I'll tell you that is a very important subject, and I
would like to just support what Commissioner Dawkins is saying. Since money
is being expended, and I would imagine we might be into very heavy lawsuits
I think the quicker you come back with that the better off we all are and
even to the extent that I'd be happy to call a Special Commission Meeting if
would so want, based on the answers that the City Manager gives us.
3. INSTRUCT CITY ATTO?u1EY TO DRAFT APPROPRIATE ORDIMICE W HICK WOULD
AUTKORIZE ISSUANC% OF I ECESSARY BUILDI;G PER; -:IT TO "BrICIMLLBANC
SAVING & LOAN ASSOC." (SEE LABEL 67)
Mr. Dawkins: The other pocket item I have is regarding Brickellbank, they
applied for a waiver from the City of Miami June 30, 1977 and at that time
they were advised to go before the Environmental Preservation Review Board
which has not been established yet so they are asking that the City of Miami
authorize the Building Department to issue the necessary building permit
provided that the plans and specifications meet with all existing requirements
except for the approval by the non-existant Environmental Preservation Board
and furthermore, that the association does now hereby agree that prior to
completion of the project to submit and to comply with the requirements of
the Environmental Preservation Board and that is the understanding of the
Association that no controversial trees are to be removed during the construc-
tion period with the express approval of the Director of Planning or the
Environmental Preservation Board. So they are requesting permission....
Mayor Ferre: It seems to me that that covers it doesn't it? Does anybody
have any objections to that in the administration with that caveat.
Mr. Gary: I'll have to review what he has before him and look at the appro-
priate laws to see how we should proceed.
Mayor Ferre: As I understand it, what they're saying is that it's not their
fault, it's our fault since we have not established the board and they need
to get on with this construction. They want, provided that they safeguard
all of these different things like trees and what have you, to get on with
the process of putting up their building. In principle I have no problems
on that, if you want to memorialize it in a resolution, I'd be....
Mr. Dawkins: Do I need a resolution?
Mr. Gary: I don't think you need a resolution....
Mayor Ferre: Howard, you know he needs a resolution becuase it goes against
an ordinance that we basically recently established.
.3' MAY 11 1982
Mr. Dawkins: Okay,tmove the resolution.
Mr. Clark: If you have nothing before you, it would be in violation, I would
suggest that you pass a motion....
Mayor Ferre: What do you think we're doing?
Mr. Clark: ...then we will bring back a resolution.
Mayor Ferre: Precisely. In other words, sir, what I am trying to say is
this: Mr. Manager, you say you don't need a resolution. The reason why you
need a resolution is becuase there is a law on the City books which is an
ordinance and it specifies how we proceed on this. Now, this is an exception
to that. Now, what we need is a motion so that the Law Department and you
will be instructed to prepare the proper legal instrument by which we can
proceed otherwise you can't proceed on your own.
Mr. Gary: Yes, sir.
Mayor Ferre: So is there a second?
Mr. Perez: I second.
Mayor Ferre: Further discussion?
Mr. Carollo: Mr. Mayor, if I may, Mr. City Attorney, I might have a problem
on this, I'm an advisor to the Board of Directors of Brickellbank Savings and
Loan even though I receive no payment for my position I would just like to
have a legal opinion on whether or not that would prohibit me from voting on
this matter.
Mr. Clark: The rulings that have consistently been rendered by the City
Attorney's Office is that the decision is a question for you and you alone to
decide whether or not you could base your decision on an objective matter,
if you wish, you may refrain, it is entirely up to you, it has to be something
that would affect you pecuniarily. If you have no remuneration or compensation
then you have to look at it very closely to see whether or not you would be
affected by matters other than simply compensation.
Mr. Carollo: Thank you.
Mayor Ferre: All right, there is a motion of intent and a second. You moved
it.
Mr. Dawkins: Yes, I made the motion.
Mayor Ferre: Who seconded it?
Mr. Perez: I seconded it.
Mayor Ferre: Further discussion? All right, call the roll.
THEREUPON, THE FOREGOING MOTION, duly introduced by Commissioner Dawkins and
seconded by Commissioner Perez was passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
ABSTAINING: Vice -Mayor Joe Carollo.
(LATER FORMALIZED AS ORDINANCE NO. 9418).
ON ROLL CALL:
Mr. Carollo: Ms. City Clerk, even though I receive no compensation from the
Savings and Loan I'm going to abstain.
Mr. Plummer: Assuming it will come back in ordinance form, I vote yes.
' MAY 111982
4. APPROVE REQUEST FOR FUNDS ?MADE ON BEHALF OF THE "MIA11I
CORAL SOCIETY, INC."
Mayor Ferre: Are there any other pocket items? I've got one thing here but
I'll wait until everybody else...
Mr. Perez: Mr. Mayor, we have here the members of the Miami Choral Society,
they are here today due to time limitations, they were unable to be placed on
the agenda. I know that we are short on time but I would like to make a motion
to give them a three minute opportunity.
Mayor Ferre: You don't have to make that motion. Is Mr. Eisenhart here? All
right, Mr. Eisenhart, I have a letter here dated today from you asking, well,
why don't you explain it, just go ahead.
Mr. Eisenhart: A month or so ago we presented to members of the Commission and
to the Mayor an outline requesting some financial aid for the Miami Choral Soc-
iety. The letter that you refer to dated today is an update on the activities
since the last information was given to you. I want to very briefly talk about
what the Choral Society is and what it does and then I would like to introduce
Mr. John Chowning, the Chairman of our Board of Directors to discuss the issue
further. In 1968 we formed the Miami Boy Choir. Philosophically the Boy Choir
was formed to provide the opportunity for musically gifted young boys to study
music with the understanding that once they had perfected their skills they
would turn those skills back to this community that gave them the opportunity
to do so. We started with 30 boys. In 1975 we merged with the existing Miami
Choral Society which was an adult course of volunteer singers. In 1978, we
formed the Miami Girls Chorus and the Miami Children's Chorus and today we are
a choral music organization, a non-profit organization specifically entitled
to the purpose of providing the opportunity for the study of choral music and
the performance of choral music for gifted children and adults. Today, we have
300 singers, volunteers starting at age 9 years old up to almost 90. Our act-
ivity in this community has been not only to provide the opportunity for gifted
children of the community to study with professional teachers and professional
artists but also to turn, as I said, the responsibility back to the community
giving approximately 65 concerts a year in this community. Our choirs have
performed with our opera company and with our symphonies and annually tour,
members of the Miami Boy Choir have represented this community in Europe, Cen-
tral America throughout the Southern United States and most recently just hav-
ing arrived back last Wednesday from 7 days touring in Puerto Rico. During
that time we performed 7 concerts for approximately 700 Puerto Rican citizens
each evening, taped two television shows that will be seen island wide within
the next month. We have not since 1968 asked for aid from the City of Miami
other than the backing of certain of our Commissioners as far as letters of
endorsement and so forth. At this particular time, however, in order to con-
tinue to provide the services to the members of this community, we find the
need to request financial aid and I would ask Mr. Chowning to make that pres-
entation.
Mayor Ferre: Mr. Chowning, very briefly because we must get on with our
scheduled agenda.
Mr. Chowning: Mr. Mayor and Commissioners, the fact of the matter is since
this application was made we're a little better off than we were. We are
about even, we are not in the hole we were at that time. But that means on
June 15th we stop. We don't go ahead with the auditions of the letters that
we have sent out to public and private schools throughout the County because
we do draw from the entire Dade County population. Every part of our society
is represented in the Boy Choir, the Girl's Chorus and the Children's Chorus
as well as the cadets who feed into these organizations.
Mayor Ferre: Mr. Chowning, just to get to the issue, how much money are you
requesting from the City of Miami?
Mr. Chowning: Mr. Mayor, we are asking for $15,000. With this money, we
believe we have the nut to go into 83-84.
Mayor Ferre: Let me ask you this question. Is the Choral Society of Miami
representative of the community? in other words do you have Cuban children
09 MAY 11 1982
N
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and -black children and is it a good cross-section of the community?
Mr. Chowning: Absolutely.
Mayor Ferre: There are black members of the.....
Mr. Chowning: Indeed, there are Hispanic, there are black, they are from
every section of Dade County as well as the City of Miami. It is an organiza-
tion which frankly would fill you with pride if and when you can get to hear
them perform and I'll afford you that opportunity.
Mr. Dawkins: Mr. Mayor, I move that we give the money to him. I have seen
them perform and the make-up is a cross-section of the citizenry of the City
of Miami.
Mayor Ferre: Is there a second?
Mr. Perez: I second.
Mayor Ferre: Is there further discussion?
Mr. Plummer: Question: Where is the money coming from?
Mr. Gary: Police Department.
Mr. Plummer: I haven't heard my answer.
Mayor Ferre: Well, he's going to have to come back for that obviously in the
same way he's coming back with the statue. All right, further discussion?
This assumes, obviously that the Manager has to bring this back as an item at
the next Commission Meeting with a specific source of money. He has to identi-
fy where the money is coming from, at this point we don't have the money so he
has got to identify the money and then come back.
Mr. Plummer: We're approving in principle.
Mayor Ferre: in principle is all we're doing, is that correct, Commissioner?
Mr. Dawkins: That's correct.
Mayor Ferre: All right, further discussion? All right, call the roll.
The following motion was introduced by Commissioner Dawkins who moved its
adoption:
MOTION NO. 82-361
A MOTION APPROVING IN PRINCIPLE A REQUEST MADE BY MR. PAUL
EISENHART, ON BEHALF OF THE MIAMI CHORAL SOCIETY, INC., FOR
FUNDING IN AN AMOUNT NOT TO EXCEED $15,0001 FURTHER INSTRUCT-
ING THE CITY MANAGER TO COME BACK AT THE NEXT CITY COMMISSION
MEETING WITH A PROPOSED RECOMMENDED SOURCE OF FUNDING.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo.
Mayor Ferre: I vote yes, but I would like to ask a favor of you. You see,
the City of Miami has very limited funds, it really does. And the taxpayers
of this community are paying for this. You see all of these people that you
see out here and as you walk around this community, they're paying for this,
it is their money we're using. Now, Metropolitan Dade County has something
called a 2% Bed Tax and that raises how much money, J. L.?
Mr. Plummer: The Bed Tax $5,000,000.
.10 MAY 1 1 1982
Mayor Ferre: $5,000,000 and of that they use a tremendous amount for these
type of things, and that is really where this should be paid and it is unfair
really for the ad valorum homeowners of this City to be paying for these type
of things when in effect, Metropolitan Dade County through the Hotel Tax
should be paying for it and I would recommend to you that in the future and
for the next time around you really try a little bit harder to get some fund-
ing from the TDC. Mr. Plummer serves on that board.
Mr. Plummer: Well, Mr. Mayor, I think that in the future, and I'm not speak-
ing to this particular group because I voted for the motion in principle if
the Manager can find the money, but I think that we ought to seriously con-
sider at this Commission level that we entertain no request for such funds
until they have been denied by the TDC.
Mayor Ferre: Do you follow that?
Mr. Eisenhart: May I make one statement?
Mayor Ferre: Yes, sir, please.
Mr. Eisenhart: It is my understanding unless the guidelines of the Bed Tax
money have changed in the last 6 months, that there is no area for an organ-
ization of the size or the type of the Choral Society to apply for funding
within .....
Mayor Ferre: Totally inaccurate.
Mr. Plummer: No, sir.
Mr. Eisenhart: Well, as I said, unless it has changed.
Mayor Ferre: Well, but you see, and I don't mean to get into a battle with
you, Mr. Eisenhart, I have already voted and I'm voting with you but you
see, what you're doing is you're not doing your job, sir - excuse me, you're
not doing your job because you should have gone and talked to Peter Weiner
and talked to the different people and get the specific information and apply
for money. If there is an organization that is worthy to receive $15,000 out
of the $5,000,000 of non -ad valoren taxes it is the Miami Choral Society. And
here you are because you haven't done your homework, you're coming here and
taking money from the homeowners of this community to pay for a choral society
when you don't need to do that and I think it is an imposition on the taxpayers
of this community, it is an imposition on this Commission and I'm sorry that
you've done it. I've voted for you and I'll vote for you again but for God's
sakes do a little bit of your homework before you come here the next time,
with all due respects, sir.
Mr. Eisenhart: Thank you.
5. APPROVE GRA1IT OF $5, 000. 00 FOR .M "I ATIN 61-MMU11 MAIM t OF
COMT- RCE" 11; CO;FNECTIOY WITU A COlDURITY-WIDE CONFE1' NCE Oil CRIME.
Mr. Plummer: I have not necessarily a pocket item, just some matters I wish
to discuss.
Mayor Ferre: Go right ahead, sir.
Mr. Plummer: Are you finished, Demetrio? Go ahead, I'm in no hurry.
Mr. Perez: Okay. Mr. Mayor, as you remember several weeks ago we approved
the funds for an anti -crime conference for the Inter American Chamber of Com-
merce. It was approved and it was pending only for the budget. The budget
is here today and I propose that we approve a similar motion that we approved
for the NAACP since this conference will be held next week.
Mayor Ferre: All right, there is a motion that the City of Miami approve,
how much is it?
Mr. Perez: $5,000.
.I.
MAY 111982
r�
Mayor Ferre: $5,000 to the Inter American Chamber of Commerce so that they
can set up similar to what the NAACP did.
Mr. Plummer: Is it being held in the City of Miami?
Mr. Carollo: Second.
Mayor Ferre: A committee to fight against crime, elderly and citizens in
fighting against crime. It's moved and seconded. Further discussion? Call
the roll.
The following motion was introduced by Commissioner Perez who moved its
adoption:
MOTION NO. 82-362
A MOTION OF THE CITY COMMISSION APPROVING A GRANT OF $5,000
FOR THE LATIN AMERICAN CHAMBER OF COMMERCE IN CONNECTION WITH
A COMMUNITY -WIDE CONFERENCE ON CRIME, TO BE HELD WITHIN CITY
OF MIAMI CITY LIMITS, WHICH WILL ADDRESS AND HOPEFULLY HELP
SOLVE THE MANY COMMUNITY PROBLEMS ASSOCIATED WITH THE IMPACT
OF CRIME.
Upon being seconded by Commissioner Carollo, the motion was passed and _
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
6. BRIEF COMMEITTS RC : "CM?TRO ASTtP_' LU70"
Mayor Ferre: What else do you have?
Mr. Perez: I have something else. I had a call from Centro Estudiano, the
Spanish Association and they said that back in September of 1981 the Centro
Estudiano was given an approval by the City to build a center on City -owned
property. I would like to move today that we instruct the administration to
formalize the matter as soon as possible and to please include it in the next
agenda for discussion.
Mayor Ferre: Yes, those people came here, that's about two years ago. We
deliberated on it, they wanted to put up, I don't remember exactly what it
was, do you?
Mr. Plummer: No, is that Centro Mater?
Mayor Ferre: No, Centro Estudiano, it is a Spanish organization.
Mr. Perez: Yes, they said it was approved in September of 81.
Mayor Ferre: Let's do it this way, Demetrio, can you do it this way, can
you make a motion to have the Manager research that and bring it back for
discussion?
Mr. Perez: Do you want the letter?
Mr. Gary: Yes.
Mayor Ferre: I don't think you need a motion for that, do you?
Mr. Plummer: No.
Mayor Ferre: You're going to have to ti have somebody research that. MAY 111982
.A.2 R
0 .. 0
7. COMMISSIO11 WRESSI017 OF SUPPORT OF "COI'I_ITTLL SLE1:117G Cl'.AITGES
III NATURALIZATION P'.tOCLDU!'SS"WHICH SEEKS IAW A T.0DMEr," TO
ALLEVIATE PRESMIT LAIIGUAG LIHITATIOA.
Mr. Perez: Okay, the other one I have, a petition for the Committee for
Change in Naturalization Laws and Regulations, we have received a petition
from the committee that is working on behalf of certain changes in the cur-
rent immigration law in order to permit the U.S. Citizenship for persons
that have some limitation in the language, we would like to endorse that
petition and to support the petition of that committee.
Mayor Ferre: We have to have the petition before us before we vote on it.
Do you have a copy of the petition?
Mr. Perez: Yes, the petition is that they be given an opportunity to take
the citizenship test in their native language.
Mayor Ferre: Oh, I see. Okay, the issue here is whether or not people will
be permitted to take citizenship tests in their native language rather than
in English.
Mr. Perez: Yes, for people 65 and older.
Mayor Ferre: 65 and over, Okay. Now, let me state my position so that, be-
cause this is a real hot issue. In my opinion the language of the United
States of America is English, I think people have to learn English. For any-
body to become a citizen he ought to be able to speak English. Now, I do think
that there is a difference, however, for somebody that is 65 years or older
because as I understand it - since I'm not 65 and the only one that could ad-
vise us that's getting a little bit close to that is Plummer, other than Plummer
I don't know of anybody here that can explain how that is but as I understand
it it becomes difficult for a person to learn a new language when they're 65.
Mr. Plummer: He never remembers he's a year older than I am.
Mayor Ferre: So the point is this: Should we deprive people of citizenship
because at age 65 they can't pass the test in English? They could pass it
in their native language. I think that is a just request. I think for people
under 65 I'm totally against it because I think they have to learn English
but for somebody over 65 I think it is a crime to deprive somebody of citizen-
ship just because they can't pass the test in French or German or Spanish. So
is that the issue?
Mr. Perez: That's the intention.
Mayor Ferre: And what you want is you want this Commission to memorialize
its position on that.
Mr. Perez: To support these people, I think the United Senior Center of Dade
County has proposed that they send to the U. S. Senate.
Mayor Ferre: And as I recall, Claude Pepper also supports it.
Mr. Perez: That's right.
Mr. Carollo: Quite some time ago I think he made some....
Mayor Ferre: And as I remember, Richard Stone wanted.....
Mr. Carollo: That's correct, Senator Stone did too.
Mayor Ferre: All right, is there a motion on this?
Mr. Perez: Yes.
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? tit clear what we're voting on? This is
MAY 111982 R
F 4p
the City of Miami Commission's backing of the Committee's resolution and
purpose that citizenship should be granted to those who pass the exam on
citizenship and that they may take it in languages other than English.
Further Discussion?
Mr. Carollo: People that are 65 and older.
Mayor Ferre: 65 and older. All right, call the roll.
The following motion was introduced by Commissioner Perez who moved its
adoption:
MOTION NO. 82-363
A MOTION OF THE CITY COMMISSION EXPRESSING ITS SUPPORT OF THE
"COMMITTEE SEEKING CHANGES IN NATURALIZATION PROCEDURES" IN
CONNECTION WITH LANGUAGE LIMITATION, SPECIFICALLY, CHANGES
WHICH WILL MAKE IT POSSIBLE FOR ALL RESIDENTS 65 YEARS OF AGE
OR OLDER, WHO ARE APPLYING FOR CITIZENSHIP, TO TAKE THE CITI-
ZENSHIP TEST IN THEIR NATIVE LANGUAGE.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
8. DISCUSSIO11 SELECTION OF FIMM FOR TRIO AFCi:ITECTUt /UiTGII1EL?:II?G/
DESIGI SERVICES FOR DI1Ti1ER :CEY MARIIIA.
Mayor Ferre: Then the next issue we have before us is this question, Mr.
Manager, of Mr. Crowder. As you recall, there was a selection committee that
was put in place to select an engineer to get on with the design of this marina.
There was some question as to whether or not Mr. Crowder had done something
wrong. we asked the States Attorney to investigate, the State Attorney, as I
understand it, said that there was nothing criminal. Now, the question, there-
fore, is that we really need to get on with this thing, either we award this
to Crowder or we give it to number two in that selection process. Now, I see
no reason, unless somebody can give me a good reason wny Crowder should not
get that contract if there are no clouds over Crowder. Now, if there is a
reason, if the administration or some member of the Commission has doubts as
to whether or not Crowder can perform that job that's something else and we'll
have to revisit the item. Otherwise, I think we really need to take this
cloud over Crowder's head and proceed one way or the other.
Mr. Dawkins: Is this the same Crowder that we sent this stuff to Janet Reno
with?
Mayor Ferre: Yes, that's what I'm saying.
Mr. Dawkins: Well, what did Janet Reno rule?
Mayor Ferre: Well, Janet Reno, and this is in the Miami News, and I have talked
to Janet Reno. It says, "Dade State Attorney Janet Reno said today her office
found nothing criminal in the City's selection of an engineering firm to re-
design Dinner Key Marina. The matter is concluded, she said. The Miami City
Commission in December had asked Reno's Office to look into the matter after
City Manager Gary expressed concern over the selection of the engineering firm
of A. W. Crowder. Gary has said there were improprieties in the selection
process and possible conflicts of interest by specific participants in the
process." He had recommended that the City Commission throw out the bids and
rebid again. Now based on that concern of the Manager which I think we all
shared, we asked the States Attorney to investigate the whole procedure and
=`� MAY 11 1982
if there was anything wrong to let us know and the State Attorney has now
concluded that she found nothing criminal in the City's selection. Now the
point is this, that I think we need to either award this to Crowder or award
it to Greenleaf Telesca and get on with this thing. And, you know, my inter-
est is not in Crowder, my interest is in getting this thing designed. I was
concerned that Crowder had a cloud over his name and now that that has been
clarified I think we either should award it to him or move along.
Mr. Dawkins: What was the second bid? Who was the second firm?
Mayor Ferre: Greenleaf Telesca.
Mr. Gary: I had some discussions with State Attorney Janet Reno and she in-
formed me that she was going to call the Mayor and all members of the City
Commission to reveal her conclusions of the report which are a little more
detailed than what exists in the newspapers. She didn't want to put it in
writing, and I think that the information that she conveyed to me was she
said she was going to convey the issue to the City Commissioners individually,
that she would prefer not to put it in writing.
Mr. Carollo: Well, Howard, I'll tell you where I'm coming from. I am sick
and tired of hearing so many false allegations, rumors and innuendoes in
this community and if there is anything wrong here that the State Attorney
cannot put in writing then there is something wrong with the State Attorney
and I have a lot more respect for Ms. Reno than that. So I think, you know,
if she has found anything that is erroneous here there shouldn't be any prob-
lems putting it in writing.
Mr. Gary: I can't respond for Ms. Reno. The administration's position is
that the administration is not recommending Crowder but the City administra-
tion will follow any directions given by the City Commission.
Mayor Ferre: Well, let me ask, has Janet Reno called any of you? Have you
talked to her, J. L.? You? Well, Janet Reno did call me and I had a very
succinct conversation with Janet Reno. Whe told me, as she said here, that
there was nothing criminal, she thought that our procedures were loose and
that it ought to be tightened up, she thought that there was some question
in her mind about propriety, that Mr. Crowder at one time when Paul Walker
was here and said that Crowder was going to be a stockholder, that Crowder
did not stand up and object. She thought that that was morally reprehensible.
I get her point, I think she is right, I think that that was a mistake on
Crowder's part and I think that he is now paying for his sin of omission.
The question, however, was as to Crowder's integrity and since there are no
criminal charges - you know, we get into the same, and I say this with all
due respect and I'm sorry George is not here. It is the same thing that we
have gotten into with George Knox. Is the City of Miami Commission going
to judge George Knox on something which he himself admits that he did which
was the involvement and what have you? But as long as there are no criminal
charges then you get into a very very thin grey area of propriety and I just
think that we cannot in government go around leaving clouds over people based
on interpretations of moral positions and the innuendo that something could
have been done better. There is no question that George Knox should not have
gotten involved in the Johnny Jones Case, but is the City of Miami Commission
going to end up, when the State Attorney does not indict him are we going to
indict him? See? So the question, I think, of Crowder is a similar type of
a thing. Yes, I think Crowder should have stood up when Paul Walker said
that he was a stockholder of the company, he should have stood up and, "No,
I'm not." but he didn't because he was either scared of Paul Walker or what-
ever reasons. Now, the other day when Cesar... Is Cesar Odio around here?
My only concern, even though I realize that Jerzy Pendergrass has got nothing
to do about this but since, as I understand it, that is moving along and
that there is going to be a purchase of the stock and we're going to have a
new owner of this marina, my only concern is that the new owner of the marina
can get along with whoever the engineering firm is that's chosen even though
it is apples and oranges but I think just out of interest of moving along,
and my interest is getting this damned thing done, it has been six years.
Now, does Jerry Pendergrass have any problems with Crowder?
Mr. Cesar Odio: We have not talked with Jerry Pendergrass about this, as a
matter of fact, the City Commission has to ratify the purchase of the stocks...
Mayor Ferre: Is that coming up today?
Mr. Carollo: Well, Mr. Mayor, I'll tell you where it stands. I was called
15
MAY 1 1 1982 R
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Friday at 6:00 P.M. in my home to ask to give my approval to Mr. Pendergrass
and whoever is with him that are going to attempt to take over the stock from
Walker and the other people that have had it and frankly I'm not about to
make a decision on something as controversial nor as important to the City of
Miami based on a quick phone conversation, they want my approval and I'm not
about to make it today with over 120 items that we're going to be discussing.
Mayor Ferre: I'm with you.
Mr. Dawkins: The only thing I'd like to say is I have a problem with the
States Attorney being requested of information and her sending back a partial
written report and a partial oral report. I should think that if there were
any clouds of suspicion in her mind she should have put them in writing and
if they were not she should have put it in writing and I'd like to go on record
just to let her know that I don't approve of the way it was handled.
Mayor Ferre: All right, we still have the question of the engineering contract,
what does the Commission want to do on that? What do you want to do on the
engineering contract?
Mr. Carollo: Mr. Mayor, unless we could be presented with any facts to the
contrary or why we should not award this to the number one bidder, I have no
objections going forth with this at this point in time unless the majority
of the Commission would like to wait until we get anything further from the
State Attorney's Office in writing on this.
Mayor Ferre: How about you, Miller? What? I'm sorry? All right, how about
you? You're against it? J. L., you're against it? Well, I'll tell you, since
there are at least two members here against it I think the way to do this, Mr.
Manager, I think you've got to formalize this and put it on the agenda for a
full discussion and anybody, members of the public who want to come here, by
that time I think we'll have this J. P. thing clarified.
Mr. Plummer: I think that is the sequence that it should be following.
Mayor Ferre: I think that rather than to move on this too quickly perhaps we
ought to have a little bit more of a public process. By that time, maybe
Janet Reno might want to call the rest of the members of the Commission or
put it in writing or whatever.
Mr. Carollo: Mr. Manager, let me ask you some of the things that I want to
see before me when the proposal of Mr. Pendergrass comes before the Commis-
sion. I want to know if any of Mr. Pendergrass' corporations or he himself,
if they have ever declared for bankruptcy and any other business that he has
with the City of Miami. I'd like to know what revenue he is bringing in and
are they a money maker for the City or not. And I'm not referring to just
him paying the minimum that he is supposed to by the City. I want to know
if the businesses are actually working or not or if they are going to fold
over in another year or six months and what experience does he have, or
any of the people involved with him in running marinas.
Mr. Gary: Yes, sir.
Mayor Ferre: I also would like, Mr. Manager, there is also a man which I
feel very strongly has really been wronged by implication and that is Morris
Kaufman. He is a citizen, he has served this community with a great deal of
diligence in this City for three years and the man also left the City on his
own, he resigned, with a cloud over him and I think that is something that we
ought to clarify one way or the other. If the man is guilty of something
then we ought to nail him to the wall, if he's not then I think we ought to...
Mr. Dawkins: Get off his back.
Mayor Ferre: ...get off his back.
Mr. Gary: What do you want me to do with it?
Mayor Ferre: Well, I think when we deal with the Crowder situation we should
also deal with the Kaufman situation. In other words, there was an implication
that Kaufman did wrong, that Kaufman was unethical, that he was immoral, that
he rigged this whole thing, you know, if you look at the minutes of all of
this....
Mr. Plummer: Of what thing?
16 MAY 82
Mayor Ferre: Of the selection of Crowder.
Mr. Plummer: Oh, Okay.
Mayor Ferre: Kaufman, as you recall, was the City's negotiator for several
years and dealt with contracts. Mr. Kaufman, during the whole process was
ragged as having been the Chairman of an operation which in effect rigged
the decision making process to give it to Crowder and Mr. Kaufman thereafter
resigned and left./ I think it is unfair to leave that cloud over Mr. Kaufman's
head. Now, if there was no wrong -doing I think we ought to say, you know,
it is clear and if there is then I think we ought to go after him. I don't
think we ought to leave this thing up in the air. So what I'm saying is when
we deal with Crowder I want to deal with Kaufman too. All right, is there
anything else anybody wants....
9. BRIEF DISCUSSIO:: III COM.7""CTION WITI: FUITDING FOR TI:E
BIFURCATED SYSTEM III THE DUPOPTT PLAZA AItIrA.
Mr. Plummer: Mr. Mayor, I just, predicated on what I have read in the paper,
and really I guess I'm asking for more information. Mr. Gary, I read in the
daily news yesterday that the Mayor had a meeting with the Governor and that
supposedly the outcome of that meeting was that the I-95 ramps in the DuPont
Plaza, that the Governor was very positive in his thoughts and then 12 hours
later I read in the Miami Daily News' opposition that there ain't no moneys,
it ain't no way possible and this morning's newspaper.
Mayor Ferre: Well, let's clarify that, please, all right? Because I've got
a call in to the Governor to talk to him about Mr. Papas' statement. The
Secretary of Transportation of Florida, Mr. Papas came down to Miami to the
Chamber and made some statements and Marty Fine, I saw him walking around
here some place, and I think that is one of the unfortunate things, we've
got so many players involved in these things. Now, what occurred was this:
The Governor listened, Mr. Papas said at the meeting, "We have no moneys in
the current budget", now there is no doubt about that. When he came down
here he repeated the same thing. Now, that doesn't mean that the State isn't
going to help solve the problem. Now, there are several ways in which the
State can help solve the problem. Let me outline to you some of the ways
that that can happen. We are talking about a $25,000,000 problem. One of
the ways that the State can do this is they can give us a letter which says,
you City of Miami and you Metropolitan Dade County come up front with the
money and as the moneys come in in the years to come we will repay from the
State. Now, that has been done in numerous occasions, the problem is that
there is no guarantee. Let me, because this is a very crucial point, we
have in place a contract with Southeast Bank that they're going to pay 5�
million dollars and we will have in place with Gould and hopefully with the
builder at the World Trade Center that will bring us up to about $18,000,000.
We're short about a million and a half. I'm talking about the bifurcated
system in DuPont Plaza is a $19,000,0000 problem, we're short about a million
dollars. If we can get the moneys up front from the private sector they're
going to look to us for a guarantee and we're going to have to guarantee it
and I would recommend that we do it through tax increment financing. We, in
turn, will be looking to the State. The State will say that they will do it
but they cannot in any way impound or mortgage or whatever you want, the fut-
ure funds for the Road Department. So I think the bottom line is this: that
it is based upon the trust that we have with the State. The State has never
gone back on that commitment to any of the counties that they have done that
with in the past. In other words, we say this is a priority item, you don't
have the money, we'll pay for it up front, as you get the money over the
next ten years you'll repay that. We're talking about 10 year bonds, and
there is a source of money that we have identified which I'm not at liberty
at this point to discuss but which is really not too hard to figure out which
will be available to us by 1990 that will repay those bonds including the
interest. So I think we've got a vehicle to go on and it is a little bit
early, we have a meeting 30 days after, this was a meeting the Governor called,
he invited Steve Clark and Merritt Steirheim, myself and Manager Howard Gary
and the DDA and Roy Kenzie to go and we all went up there. Jim Reid went I
think. Does that answer your question?
Mr. Plummer: Well, Mr. Mayor, you know, that's a report from you and it is
direct but I would like to see something in writing in the way of a full
MAY 11 1g82
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report. You know I was concerned two, three, four years ago about the fund-
ing of this thing and now we have heard the promises and how many plans we've
looked at for that intersection, we've heard glowing reports from the State
before and, you know, when I read the article that I read this morning it has
to cause a great deal of concern and, you know, Mr. Gould is moving forward,
Southeast is moving forward, the Convention Center is moving forward but the
State is not moving forward.
Mayor Ferre: And the State is not going to move forward unless we help solve
the problem. That's why we took the initiative and that's why we went to
Tallahassee and the Governor, and I believe in the Governor's integrity, has
assured us that within a 30 day period he is coming back some kind of a solu-
tion. Now he is going to try to put the burden on us to a great deal and he
already has, that's what Ted Papas' trip was all about. But I think we will
have a satisfactory solution to this problem hopefully in the next month.
Mr. Plummer: Well, I would hope, Mr. Manager, or the Mayor's Office, I don't
care where it comes from, that the rest of this Commission is as well informed
so that we know what is going on and when we read in the paper we don't get,
if, in fact, what the Mayor is saying, it's not as bad as what we read well,
that's nothing unusual. But I would like to see something of a written word
from the participants who are representing this City which we still do.
Mayor Ferre: Mr. Manager, I think that is the responsibility of the adminis-
tration, I'm not trying to create problems for Mr. Reid, Mr. Reid represented
you at that meeting which is fine, I've got no problems with that but I think
it is Mr. Reid's responsibility, and I'm sure if I know Mr. Reid he has written
or will be writing a memo to you and I think that memo should be forwarded on
to the members of the Commission.
10. COMMEND DADE COUNTY MAYOR STUX.211 CLAP.K 01; 'r.IS STATE IZITT RE:
DEVELOPMEiIT OF A DOW.TTOMI AREA COLIScU11. 6.PPOIITT VICE MAYO^
JOE CAROLLO AS COILHISSION'S REPRESEiTTATIVE TO TZE SITE SELECTION
COMMITTEE .
Mr. Plummer: Mr. Mayor, my other area of concern is also an article which I
read in the paper this morning about the actions of a committee of the Metro
Commission. And basically what that is stating is that they are directly in
opposition, our good friend Steve Clark is fighting like mad for what I feel
is the City's best interest and that is the coliseum and yet it looks like
that this committee is going to be able to have their way in direct opposite
of what this City Commission has been fighting for for years. I would hope
that this Commission would go, before this day is out, on record in further
discussion that we feel, and we fought for the additional tax even to the
referendum, and it looks like that that which we fought for is now being
taken and running another way to the detriment of what the City has done so...
Mayor Ferre: J. L., I think the point of all of this is that one may not be
exclusive of the other. Now that is Barry Kuten's point of view when he, he
is the author of that bill and I called him up on it. However, I think that
we may end up competing to a certain degree. Now, you serve on the committee,
you serve on the Sports Authority.
Mr. Plummer: Yes, sir.
Mayor Ferre: I would like to also appoint Commissioner Carollo to serve on
the Coliseum Committee of which I understand you will be a member of accord-
ing to Rick_ Horrow. He asked me to give him three or four more names of
people to serve from the City's point of view on a Coliseum Committee which
will be composed jointly of members of the Authority of which you are one
and other members, and I would like to ask Commissioner Carollo to serve on
that Committee if he would. Now, let me, I think you brought out a valid
point. God knows that I don't want to do anything that would hurt a major
opera house, performing arts theatre and what have you but I do think that
we need to put priorities and I think this Commission has already done that.
Plummer, if you want to memorialize it by sending a formal resolution to the
County Commission that we're all in favor of an arts center in downtown Miami
but that our priorities are a coliseum first and then an arts center second
now I have no problems with that.
Mr. Plummer: Mr. Mayor, I . �r%
N MAY
. 0
Mayor Ferre: I wouldn't preclude the Arts Center....
Mr. Plummer: It's not a matter of precluding.
Mayor Ferre: ....not preclude them but I think we should say what our prior-
ities are.
Mr. Plummer: There is no question, and I would be more than happy to offer
that in the form of a motion that the City Commission wants to be a very im-
portant part of that decision making and not a committee but a very important
part and I think also that motion should carry that Commissioner Carollo has
been appointed by you or by this Commission and that before decisions are
made which could be contrary to the thinking of this City that we should be
fully informed and have our input.
Mayor Ferre: I think you've got to make it stronger than that, I think you've
got to say that in the order of priorities the coliseum in our viewpoint is
more important than a performing arts center in the downtown area withoug saying
where it ought to be. Do you want to include that in your motion?
Mr. Plummer: Fine.
Mayor Ferre: All right, is there a second to the motion?
Mr. Perez: Second.
Mr. Clark: Would you restate the motion for the record, Mr. Mayor?
Mr. Plummer: That the City of Miami Commission agrees with Mayor Steve Clark
in his position and that the first priority should be given to a downtown arena
and that the City of Miami hereby appoints Commissioner Joe Carollo as its
representative to the arena selection; that this City Commission demands and
expects full input before final decisions are made.
Mayor Ferre: Could I ask a little claritory? See, Clark is taking a position
that the Coliseum should go in the Government Center. Now I think that the
City's position has never been of one location in preference to another, that
we want a Coliseum downtown.
Mr. Plummer: Fine, I don't have any problem with that.
Mayor Ferre: we've never specified that it be in the Government Center and I
think that we ought to leave some doors open because I think we may find that
there are more than one possible locations. Now, in the newspaper this morning,
and I see that George Varki is here from the DDA, George, let me just as the
Chairman of the DDA and as the Mayor of Miami tell you that I don't know whether
you were quoted right or not but the quote was that the DDA is against the con-
struction of a Coliseum on the bayfront and I don't think that that has ever
been a formal position.
Mr. George Varki: I was quoted wrong, we were talking about the Performing
Arts Center.
Mayor Ferre: In other words the DDA and the City of Miami Commission have
never taken a position as to where the Coliseum goes and I just want to say
for the record that I think it is important that it go downtown. In my opin-
ion the private sector should build the Coliseum if at all possible and that
means Earl Worsham on the river. If Earl Worsham on the river is not able to
do it then I have no problems of going to public property including the Govern-
ment Center. Now, if the County Commission concludes that there is not enough
room in the Government Center to do it I've got no objections to looking into
the possibility of putting it on the FEC Railroad Property, I've got no prob-
lems with that as a secondary fall -back.
Mr. George Varki: Just to clarify, the presentation basically said that we
were working on a bayside project which the City Commission was going to re-
view and in that process several sites for the Performing Arts Center were
being considered. That's all that was....
Mayor Ferre: All right, thank you. Can we move on now? All right, we're
now on....
Mr. Plummer: Wait a minute, are you going to take a roll call?
Mayor Ferre: Oh, I'm sorry.
,9
MAY 111982
0
Mr. Dawkins: Discn before the roll call. Does '1 s center hinge on
the sale of the Orusar�Bowl and the Miami Arena, I mean the baseball diamond?
Mr. Plummer: No, it is the six cent sales tax.
Mr. Dawkins: It has nothing to do with giving up the orange Bowl? Okay,
thank you.
Mayor Ferre: At this stage of the game, we have not gotten anywhere close
to that. It seems to me that if the one cent sales tax is passed by the
people of Miami it will be more than sufficient funds to build a new base-
ball stadium, and build a new coliseum. I doubt if we would have enough
money to build a coliseum and a performing arts center unless we did it
with bonds. If we went to a bond system or a borrowed debt structure beyond
the one cent sales tax then I think we could get all three but I think there
is a lot of deliberation between now and then. Okay, further discussion?
Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-364
A RESOLUTION COMMENDING METROPOLITAN DADE COUNTY MAYOR
STEPHEN CLARK ON HIS STATEMENT REGARDING THE IMPORTANCE
AND PRIORITY THAT SHOULD BE GIVEN TO THE DEVELOPMENT OF
A DOWNTOWN ARENA (COLISEUM); APPOINTING VICE -MAYOR JOE
CAROLLO AS THE CITY OF MIAMI COMMISSION REPRESENTATIVE
TO THE COMMITTEE SELECTING A SITE FOR THE ARENA; AND FUR-
THER REQUESTING THAT THE CITY OF MIAMI HAVE FULL INPUT
AND PARTICIPATION IN THE DECISION MAKING PROCESS OF SAID
COMMITTEE.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was
passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
ABSENT: NONE.
10.1 RECOMMEND 11R. JUVENAL PII?A AS CITY OF NIAMI ^^PPZSMITATIVE TO THE
SPORTS AUTHORITY.
Mr. Plummer: Did you speak with Mr. Horrow? I'm only questioning, Mr. Mayor,
as we all know, Mr. Masvidal has now become an appointee of the Governor. So
that we do have representation, it is my understanding that the City of Miami
will be in a posture of profferring a name to Metropolitan Dade County for ap-
proval as the City's other representative replacing Mr. Masvidal. Did you
speak with Mr. Horrow about that?
Mayor Ferre: Yes, I did and I'm sorry I forgot to mention that this morning.
I think we should come up with names, and just so that you can be thinking
about it, I would like to recommend the name of Juvenal Pina. Juvenal Pina
is a part owner of the Everglades Hotel and I think is a person, he is a Cuban -
American as is Mr. Masvidal, he is a compatible person, he is well known in
the community. If you come up with other names I think we ought to give it
serious deliberation but I took the liberty of asking Juvenal Pina if he would
serve should he be nominated and he said that he would be happy to cooperate
in any way.
Mr. Perez: Do you want to make a motion today?
Mayor Ferre: Well, I think you ought to think about it and maybe later on
today.
Mr. Plummer: Put it on the next agenda.
20 MAY 11 1982
C
Mayor Ferre: No, we can't wait until the next agenda, J. L., let's do
it at the end of the day and that will give you time to think about it.
INAUDIBLE COMMENTS
Mayor Ferre: Well, the problem is that we're going to be minus a representa-
tive but that's all right, I understand, you're right. And would you schedule
it, therefore, Mr. Manager, for the first meeting, I guess May 27th is our
next meeting, as a special item, please.
11. EXPRESSIOAI OF COt41ISSIQId SUPPORT OF °APPR NTICESRIP TRAINTlIG
PROGRAM-' IN CONJMiCTION WITH OTEEP. 1UNICIPALITIES VID OT:?ER
GOVEMENTAL AGENCIES I:I TEL FIELD OF AUT011-10TIVE/1MAVY
EQUIPMLNT MBCI'.At1ICS.
Mayor Ferre: We're now on Item A.
Mr. Gary: Mr. Mayor, I'd like for Eddie Cox to give you a proposal in terms
of setting up a county -wide apprenticeship program for auto mechanics.
Mr. C. E. Cox: Good morning, Mr. Mayor and members of the City Commission.
I'm before you today to speak on a very favorite subject of mine and that is
my Department. Prior to getting into the area of the apprenticeship program,
I would like for a moment to tell you about my Department. The Department of
Building and Vehicle Maintenance consists of five divisions with a total of
187 employees. The divisions are Heavy Equipment Maintenance, Motor Pool,
Property Maintenance, Communications Maintenance, Print Shop and the Director's
Office. The Department is an inter -governmental service agency which furnishes
the internal service requirements of these respective divisions to various City
departments. The Department is funded through general and inter -departmental
funds with charges to the using departments dependent upon the services that
they request. The Heavy Equipment Division maintains 560 vehicles. It is
housed in our new modern Heavy Equipment Facility which was constructed at a
cost of approximately $3,000,000. Most of these funds came to the City of
Miami through a Federal Grant. Also sharing in this building is the Office of
the Director and my Print Shop. The on -going preventative Maintenance Program
implemented by this division has proven to be extremely successful. The Program
has enabled us to make equipment available that has not been available in the
past. I would like to get into my Property Maintenance Division, and this is
where we developed an apprenticeship program approximately 6 years ago. Some
members of this Commission will remember that I came before you at that time
to develop this program, brought about to the most part of the unavailability
of black journeyman level craftsmen in the trade. We were unable to recruit
in this area. We developed a program, it has been extremely successful the
past six years. We have now graduated six apprentice, all of which are black.
We do have some Latins in the program at this time. Today I present to you
another area of training that I would have asked the Commission to endorse,
it is Item 74 on your agenda and that is the establishment or broadening of
my existing apprenticeship program in the area of mechanics, both heavy equip-
ment mechanics and light vehicle mechanics. I have found that other agencies...
Mayor Ferre: Eddie, in the interest of time, I think since we have such a
long agenda, we've all read, I very carefully read this agenda this time
because it is such a long agenda that I would hope that everybody else has
and I know what Item 74 contains and I'm ready, unless somebody else wants
to....
Mr. Dawkins: I'm going to vote for it but I'd like to have him add one thing
to it for me and that is that each municipality come up with an Affirmative
Action Plan that reflects the ethnic make-up of the total of Dade County,
not of the municipality as we do this program and if you put that in it I can
vote for it.
Mayor Ferre: Wait a minute, let me understand that again now.
Mr. Dawkins: What I want them to do is, as they come up with this training
program, that they come up with an Affirmative Action Plan that ensures me
that the trainees in the program will be representative of the total ethnic
make-up of the County itself.
Mayor Ferre: All right, I respect you for your position, I am totally opposed
to that and I want to explain why. In the first place, and starting community
21 MAY 1 1 1982
r r
by community. In the City of Miami the black community represents 25%
of the total. In the County it represents 13%. Now, for us to go to a
County format in a way is to disenfranchise members of the black commun-
ity in Miami. Now, let's go to the Latin community. The Latin community
in Metropolitan bade County is 34% of the total. The Latin community in
the City of Miami is 60% of the total. For you to go to the County format
is to almost cut in half the Affirmative Action goals that we would have
and so I think that in both of our so-called minority communities that
we're better off following the City - and by law in Affirmative Action
that's the way the law is written.
Mr. Dawkins: That's true, but also there are municipalities participating
in this with no minorities so, therefore, if we're going to go municipality
by municipality, as you say, then I will get yes, my quota from Miami, the
City of Miami of Latin and blacks but they will greatly be outnumbered, in
my opinion, just like the Mayor said his opinion.
Mayor Ferre: Are we doing this for everybody?
Mr. Dawkins: Yes.
Mayor Ferre: Oh, do you mean to tell me that in this apprenticeship the
City of Miami is going to be training people throughout Dade County?
Mr. Cox: Yes, sir. Right now we have 17 municipalities that are interested.
We have formed an organization of those municipalities, I have been elected
President of that organization. I think that through the organization we
can accomodate what Commissioner Dawkins is requesting.
Mr. Connor Adams: Mr. Mayor.....
Mr. Perez: Let me ask you something. Where do you receive all the funds
from?
Mr. Cox: Commissioner, the funds for this will be divided equally among
the participants in the program. They will be billed respectively, each
municipality will be billed for the involvement per apprentice or per
mechanic that is being trained in the program. It will not require any
additional funds on the part of my budget. My facility will be used, my
building will be used but everyone will share in the cost of the program.
Mr. Perez: How do you select the participants in this program, do you
have special guidelines?
Mr. Cox: Yes, sir, it is everyone's concurrence in the program that we
will take participants who are currently working for each municipality.
They will be the first trained. They will be the apprentices brought
into the program and all of us have various classifications that we will
be pulling from to put them into the program, the existing mechanics from
all of the municipalities will be trained.
Mayor Ferre: Eddie, let me say that I stand corrected, I didn't realize
that this was a county -wide type of an effort.
Mr. Cox: It's not only county -wide, Mr. Mayor, but it is tri-county-wide.
Mayor Ferre: Well, I just want to make sure that we have fair representa-
tion. Look, let me be very blunt about it, and I hate to get into these
type of things but there are plenty of Cuban mechanics around. Okay? I
mean there is no shortage of mechanics in the Cuban community and there is
no shortage of mechanics in the white/Anglo community. There happens to
be a shortage of qualified diesel and other type of mechanics in the black
community and, therefore, really, I would hope that the emphasis for your
upward mobility in training is in the black community. Now, that's not to
say that if a white person comes in, Latin or otherwise and he wants to go
in, fine, that's terrific. You know, we've got to have room for every-
body. But I think the emphasis ought to be where the weakness is.
Mr. Cox: That was the original reason that our apprenticeship program
within the City of Miami came into being, I see no reason to change that
at all in this program.
Mayor Ferre: You wanted to add something?
Mr. Connor Adams: Yes, Mr. Mayor, members of the Commission, I'm Connor
22 MAY 111982
C
Adams, AFSCME, 1907, General Employees Union. We have had two meetings
with Mr. Cox as far as the union is concerned. We had some of the same
concerns that are being asked here by the Commissioners here this morning.
We also had a joint meeting of all the unions throughout Dade County and
Broward County who will also be involved and I have Mr. Marvin Rogoff,
a staff rep with AFSCME who is a staff rep over those that would like to
speak to you at this time.
Mayor Ferre: All right, let's get right to it quickly because it is 10:30.
Mr. Marvin Rogoff: Mr. Mayor and Commissioners, my name is Marvin Rogoff,
I live at 900 N. W. 153rd Street, Miami and I'm a staff representative.
Mayor Ferre: No, that's not Miami, that's North Miami.
Mr. Rogoff: Well, that's the mailing address, it is Miami, sir.
Mayor Ferre: 153rd Street.
Mr. Rogoff: N. W. 153rd Street.
Mr. Plummer: Post office comes Miami.
Mayor Ferre: Oh, I'm sorry, excuse me.
Mr. Rogoff: It's Okay, you owe me one now.
Mayor Ferre: No, I'll tell you I don't mind extending our boundaries to
153rd Street, I have no problem.
Mr. Rogoff: It's called annexation. I'm a staff rep for Council 79 of
the American Federation of State, County Municipal Employees Union and
Commissioners and Mayor, we represent employees in a number of the munici-
palities which will probably be or maybe already are a part of the special
training program that Mr. Cox has outlined or has started to. We represent
employees at the Airport, the Water and Sewer operations in Dade, Miami
Beach, Miami, Hallandale, Hollywood, Lauderhill, Fort Lauderdale and Hialeah.
I don't know how many of these have joined up but I'm sure many will but
there are a number of very basic reasons why we support this plan and the
first and primary reason is for the reasons that Commissioner Dawkins and
yourself, Mr. Mayor, have begun to express. We are satisfied at this
point that the labor pool from which the initial candidates for apprentice-
ship will be drawn from do have a very large representative from a minority
community and that is the people who are aleady employeed at the motorpool
and the garages, they will get priority for consideration for adminission
into the apprenticeship program. Once they have had their choice then
other city employees will be able to bid for the job before they go to the
street for people who are not City employees. We think that this apprentice-
ship program will help to upgrade the trade of mechanics, to bring it out
of the duldrums where it is. We think that the people who are trained
will be able to command better wages and respect and it will enhance the
status of the community as a result. We think that the standards for admis-
sion and for progression will be practical standards so that there won't
be any kind of fancy academic roadblocks to people. We think that the wage
progression will probably be very satisfactory, it will be almost the equiv-
alent of a progression you would find, for example, in the building and
construction trade apprenticeship program. The people who get into the
program were taken out of their departments, for example, perhaps to be
brought into the program, if they don't make it they'll have bump -back
rights or rights to go back to their previous jobs so that they won't lose
out if they don't make the grade. They will retain their Civil Service
status which is terribly important to our people. As far as the certifi-
cation of existing mechanics is concerned, no mechanic currently employed
will be terminated if he or she doesn't make the grade in this certifica-
tion program, they'll just keep putting them through the program until
his weaknesses are built up. So, therefore, Commissioners and Mayor, we
feel strongly in favor of the program. The Union will be very much in-
volved in the program as it goes along in terms of reviewing the proposal
that Mr. Cox and the association make and before they get approved by the
State Apprenticeship Council and so forth. You have the concurrence of
the AFSCME local unions in the area, I wish the program a lot of success,
we're very excited about it.
Mayor Ferre: Thank you.
23 MAY 1 1 1962
Mr. Dawkins: Mr. Mayor, may I ask Mr. Cox some questions? Mr. Cox, how
many persons on your staff?
Mr. Cox: I have 187....
Mr. Hawkins: No, I mean your management staff.
Mr. Cox: In my Department?
c
Mr. Dawkins: Yes.
Mr. Cox: Well, I have three administrators, two professionals and clerical
help within my office.
Mr. Dawkins: Okay, above the clerical help how many of them are black?
Mr. Cox: None.
Mr. Dawkins: How many of them are Latin?
Mr. Cox: Two.
Mr. Dawkins: I think your Affirmative Action Plan that you've got with the
training should spill over to your office.
Mr. Cox: Thank you, sir.
Mayor Ferre: Further discussion? Is there a motion on Item 747
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-365
A RESOLUTION OF INTENT TO SUPPORT AN APPRENTICESHIP TRAINING
PROGRAM IN CONJUNCTION WITH OTHER MUNICIPALITIES AND GOVERN-
MENTAL E14TITIES IN THE FIELD OF AUTOMOTIVE/HEAVY EQUIPMENT
MECHANICS; FURTHER AUTHORIZING THE CITY MANAGER TO ORGANIZE,
DEVELOP AND IMPLEMENT SUCH TRAINING PROGRAM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
NOES: None Vice -Mayor Joe Carollo
ABSENT: None Mayor Maurice A. Ferre
12. EMbxGtivt.Y ORDIN&ICE: AHM-M, SCCS. 2 AM 5 OF 1021. APPr.OP?.IAT=
e 1j 2 , gAn, nC FRAM AUILDUG & GUCLE MAINT . MT. (MVY
FOR P^OGRAM CALLED `'RUBBISU CRANE PEBUILDING PROM".' .
Mayor Ferre: All right, now we have some other related items that you're
here on, Item 27a. I think we should move on very quickly.
Mr. Carollo: Move.
Mayor Ferre: All right, moved by Carollo, is there a second? $312,000
from Heavy Equipment Maintenance.
Mr. Dawkins: Second.
Mr. Plummer: 27a?
Mayor Ferre: 27a, this is on the rubbish crane rebuilding program, rem-
ember there are 14 cranes. We're going to rebuild 14 cranes with that.
Mr. Cox: Yes, sir.
24
MAY 1 i =9
AN ORDINANCE
AN EMERGENCY ORDINANCE AMENDING SECTIONS 2 AND 5 OF
ORDINANCE NO. 9321, ADOPTED SEPTEMBER 24, 1981, THE
ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 1982; BY APPROPRIATING FROM THE
BUILDING AND VEHICLE MAINTENANCE DEPARTMENT, HEAVY
EQUIPMENT MAINTENANCE DIVISION, FY 181 RETAINED EARN-
INGS, AN AMOUNT OF $312,000, INCREASING ANTICIPATED
REVENUES IN THE SAME AMOUNT TO BE APPROPRIATED INTO
THE HEAVY EQUIPMENT MAINTENANCE DIVISION FOR A DISTINCT
AND SEPARATE PROGRAM CALLED "RUBBISH CRANE REBUILDING
PROGRAM" TO PROVIDE FUNDING FOR THE COSTS OF LABOR
AND PARTS FOR THE PURPOSE OF REBUILDING FOURTEEN (14)
CRANES IN A ONE-YEAR PERIOD; 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 requirement of
reading same on two separate days, which was agreed to by the following
vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Carollo and seconded by
Commissioner Dawkins, adopted said ordinance by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9415
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commis-
13. WAIVE RLQUIr.=-17 FOR FO-U.%L SCALED BIDS FUmIIIS1::IIIG OF 4 PETERSO??
RUyISE CRANES FOR DEPT. OF BUILDING 6 VLI:ICI. IlAINT. F:7.0*: PLTERSOF
I2IDUSTRIAL MACEDrICS, INC.
Mayor Ferre: Now, on the 4 rubbish cranes, and I read that very carefully
and I've got to tell you that I'm very confused, Eddie. How can we get
4 Peterson Industrial Machines for $60,000 when each one of the BuCyrus
Erie machines costs almost $100,000. In other words what I'm saying is
how can there be a difference between $15,000 and $100,000? That's just
too big a spread.
Mr. Cox: Well, (1) We think the B. E. Crane, the Bucyrus Erie Crane is
tremendously overpriced, (1). Now obviously you're not getting the same
crane in the Peterson Crane as the Bucyrus Erie.
Mayor Ferre: Does it do the same thing?
Mr. Cox: Yes, sir, we have demonstrated it with Mr. Patterson and his
personnel, they are now being currently used in Coral Gables in this City.
Mayor Ferre: is the Peterson Crane, I got some literature that somebody
sent me that represents them, is that the one that is being used in Ft.
Lauderdale or some other municipalities around?
Mr. Cox: It is being used in Coral Gables, I'm not sure of Ft. Lauderdale,
Mr. Mayor. They are being used for the same thing. You know, we are going
to do some modifications on these four cranes that will make them hopefully
acceptable and very close to the same operation as the BuCyrus Erie Crane.
The main point being that we cannot buy the BuCyrus Erie Crane, Mr. Mayor.
mayor Ferre: we don't have the money. -15 ►/AV 4 4 1QQ?
Mr. Cox: No, we have the money, they will not accept an order of less
than 10 and it is almost a year's delivery. If we did buy them, it was
a 45 week delivery.
Mr. Plummer: Did I hear you say to the Mayor's question that the Peterson crane
gives the same end results as the B.E. crane?
Mr. Eddie Cox: Well, it may not be quite as efficient, Mr. Plummer, but it
does pick up rubbish. We're going to....
Mayor Ferre: You get what you pay for. My question is, if you pay $100,000
for a piece of equipment, and you pay $15,000 for a competing piece of
equipment, don't tell me that the $100,000, that they are the same... that
the life span, the maintenance, the quality of the workmanship, the size
of the motor, and all the other stuff....
Mr. Cox: No, sir, I'm not about to tell you that, nor do I want to represent
that. We're only buying four and this is to offset the cranes that we will
be pulling out of service to rebuild. We do think that they will offset
and provide us with the ability to pull the hydro -cranes out of service
during the rebuilding program.
Mr. Plummer: Yes, but you see... Whoai Is the B.E. crane more than what we
need? Hey! I'm just doing a little mathematics here. We're spending
approximately $24,.000 to rebuild a crane to do a job, and yet we're
buying brand new cranes over here for about $11,000.
Mr. Cox: Mr. Plummer, no, they're about $15,000 a piece for the Peterson.
Mr. Plummer: $44,700 divided by 4 is about $11,000 per....
Mr. Cox: No, that's three, I'm sorry, there is one other one being....
Mr. Plummer: Sir, it says four.
Mr. Cox: O.K., but there is one other one being funded out of another
source.
Mayor Ferre: Eddie, let me see if I can cut through quickly on this. J.L.,
I was in this business for a long, long time (of heavy equipment), let me
tell you, a lot of times, for example, in the truck business, yes, it was
better to have an overhead clamshell doing the job. But a clamshell
sometimes would cost $200,000 to $300,000. We could buy for $100,000 a
front end loader and that would do almost the same job and in many ways
it was quicker. Yes, we had more repair on it because of the wear and tear
on it is more, and it doesn't last as long, but it solves the problem.
When you can't spend $350,000 for a BuCyrus-Erie three yard clamshell,
then you do with a front end loader. Now I would imagine that this is
a similar type of a thing. It's not as big, it's not as strong, it's not
as good as a BuCyrus but it does the job.
Mr. Plummer: It doesn't make sense.
Mr. Cox: Well, Mr. Plummer, to hopefully give you some relief, with the
three cranes that we put in service during the rebuilding program, if they
prove successful, believe you, sir, we will continue putting those type of
cranes in service.
Mr. Plummer: Mr. Cox, sir, I don't know the cranes and I don't pretend to
know the cranes, but I do know that you are stating that it will do the
same job. Mr. Cox, based on the dollar figures that are here, I could
buy twenty brand -spanking -new of these Peterson Rubbish Cranes for what
you are asking, and putting aside to rebuild fourteen. It doesn't make
sense!
Mayor Ferre: But one is a jeep and the other is a BuCyrus-Erie....
Mr. Plummer: But you get there....
Mayor Ferre: ....now the jeep will get you around, it'll get you around.
But you can't get there as quick.
Mr. Plummer: I wonder if the garbage will know the difference.
sl 26
MAY 111982
V
sl
Mayor Ferre: The garbage will know the difference, absolutely! When those
Peterson things break down in a year and a half vs. these....
Mr. Plummer: Then buy a new one.
Mayor Ferre: What?
Mr. Plummer: Buy a new one at this price.
Mr. Gary: Mr. Mayor, I think an important fact has to be taken into
consideration....
Mr. Plummer: You can buy twenty brand new machines....
Mayor Ferre: But they're junk....
Mr. Plummer: Then don't buy them at all.
Mr. Carollo: Well, I'm glad to hear that my colleague is also an expert
on garbage.
Mr. Plummer: No, I'm an expert on mathematics, not garbage. And I hear
the bottom line.
Mr. Gary: Mr. Mayor, these new Peterson machines have not been tested.
Mr. Plummer: Then why are you buying any of them?
Mr. Gary: Because it's going to save us money. I would recommend that we
use these on a test basis, because of the cost. If we find that they are
very efficient and long lasting, we will buy more of them.
Mayor Ferre: Look, I'm not going to substitute my knowledge of this for
the administration's. You are telling me, on the record, Mr. Cox, that in
your opinion we have to buy four of these Petersons to see how they work.
Mr. Cox: Yes, sir.
Mayor Ferre: And they cost $15,000 a piece.
Mr. Cox: That's cranes.
Mayor Ferre: You are also telling me that we ought to fix up our ten
cranes.
Mr. Cox: Fourteen, yes, sir.
Mayor Ferre: Fourteen; and it's worth spending that kind of money because
it's a good, solid piece of equipment. When we get them rebuilt, are they
going to be like new?
Mr. Cox: They will be exactly like new. They will have a new chasis,
everything will be rebuilt.
Mayor Ferre: Thank you sir. Is there further discussion? Is there a motion
on 27(b)?
Mr. Plummer: I have to vote for 27(b), I wish it had only come up in reverse.
Mayor Ferre: There is a motion by Plummer on 27(b), is there a second?
-Mr. Dawkins: Second.
Mayor Ferre: Seconded by Dawkins. Is there further discussion? Call the
roll.
27
_� MAY 11 1982
r r
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-366
A RESOLUTION WAIVING THE REQUIREMENT FOR FORMAL SEALED
BIDS FOR FURTNISHING 4 PETERSON RUBBISH CRANES TO THE
DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE, AUTHORIZING
THE PURCHASE FROM PETERSON INDUSTRIAL MACHINES, INC., THE
ONLY KNOWN SUPPLIER, AT A TOTAL COST OF $59,600.00;
ALLOCATING FUNDS THEREFOR FROM THE 1982-82 OPERATING
BUDGET OF THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE
IN THE AMOUNT OF $44,700.00 AND FROM THE 1981-82 OPERATING
BUDGET OF THE DEPARTMENT OF PARKS IN THE AMOUNT OF
$14,900.00; AUTHORIZING THE CITY MANAGER AND THE
PURCHASING AGENT TO ISSUE A PURCHASE ORDER FOR THIS
EQUIPMENT.
(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
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
14. EMERGENCY ORDINANCE: A?i:.'dD SES. 2 A14D 5 OF 9321. APPROPRIATE
$155.500. FROM THE DEPT. OF BUILDING b VEHICLE MAIPIT. (HI:AVY
EQUIP. MAINT. DIV.) FOR PURCHASE OF HEAVY EQUIPME14T REPLACEMENT
UNITS.
Mayor Ferre: Now we're on 27(c), which is the $155,500 for building, to
retain, for the heavy equipment units replacement. Do you want to explain
that, Mr. Cox?
Mr. Cox: Yes, sir. These are funds generated from revenues in prior years
to purchase equipment that has come due for replacement this year. We have
a level method of funding in the budget for our replacement program. So
we do generate some retained earnings each year that must be reapropriated
for the purchase of replacement equipment.
Mr. Plummer: This is actually... 27(c) is transfering the money over to
27(d).
Mr. Cox: A small portion of 27(d), yes, sir.
Mr. Carollo: Move.
Mr. Plummer: Second.
Mayor Ferre: Moved by Carollo, seconded by Plummer. Further discussion?
Call the roll.
98
sl MAY 11 1982
AN ORDINANCE ENTITLED
AN EMERGENCY ORDINANCE AMENDING SECTIONS 2 AND 5
OF ORDINANCE NO. 9321, ADOPTED SEPTEMBER 24, 1981,
THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 1082; BY APPROPRIATING
FROM THE BUILDING AND VEHICLE MAINTENANCE DEPART-
MENT, HEAVY EQUIPMENT MAINTENANCE DIVISION, FY
181 RETAINED EARNINGS, AN AMOUNT OF $155,500;
INCREASING ANTICIPATED REVENUES IN THE SAME
AMOUNT TO BE APPROPRIATED INTO THE HEAVY EQUIP-
MENT MAINTENANCE DIVISION TO PROVIDE ADDITIONAL
FUNDS FOR THE PURCHASE OF HEAVY EQUIPMENT REPLACEMENT
UNITS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner
Plummer for adoption as an emergency measure and dispensing with the require-
ment of reading same on two separate days, which was agreed to 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.
Whereupon the Commission on motion of Commissioner Carollo and seconded by
Commissioner Plummer , adopted said Ordinance 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.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9415
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.
15. ACCEPT VARIOUS BIDS FOR TIW FURPIISKING OF HEAVY EQUIPMENT FOR TKE
DEPT. OF BUILDING & VEHICLE. MAINTENANCE.
Mayor Ferre: Now, we're on 27(d), is that the last one?
Mr. Cox: Yes, sir.
Mr. Carollo: Move.
Mayor Ferre: Do you want to explain that? There is a motion by Carollo,
is there a second?
Mr. Plummer: Second.
Mayor Ferre: A second by Plummer. Quick explanation, thirty seconds.
sl N9 MAY 1 1 1982
.�. .... -
AOL
Mr. Cox: This is the largest equipment replacement in the history of the
City of Miami, I'm proud to say that we are on a ten year replacement
program and have been now for two years.
Mayor Ferre: Where is the money coming from? $2,183,000.
Mr. Cox: It's coming out of my budget, sir.
Mayor Ferre: And that came out of general funds?
Mr. Cox: Yes.
Mr. Gary: Yes.
Mayor Ferre: Further discussion? That's a lot of money for a little City.
But I think it is important that we keep our equipment in top shape. Further
discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-367
A RESOLUTION ACCEPTING THE FOLLOWING BIDS FOR FURNISHING HEAVY
EQUIPMENT TO THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE:
BID OF INTERtiATIO`:AL HARVESTER CO., FOR 45 TRUCK CAB AND CHASSIS
AT A COST OF $994,354.00; BID OF H. F. MASON EQUIPMENT CO. FOR
16 REFUSE BODIES AND 3 STREET SWEEPERS AT A COST OF S427,565.99;
BID OF ADVANCED FABRICATORS, INC. FOR 11 TRUCK BODIES AT A COST
OF $40.100.00; BID OF DEBRA TURF b IND. EQUIP. CO. FOR 1 BRUSH
CHIPPER, 2 PRESSURE SPRAYERS AND 3 FLAIL MOWERS AT A COST OF
$28,597.00; BID OF CALLAHAN MOTOR CO.. INC. FOR 4 TRUCK BODIES
AT A COST OF $19,600.00; BID OF HEBERT OLDS GMC, INC. FOR 4-6
MAN CREW CAB & CHASSIS, 6-6 MAN CREW PICKUP TRUCKS, AND 1 PICKUP
TRUCK W/4 WHEEL DRIVE AT A COST OF $154,413.00; BID OF IFR EN'DLY
FORD, INC. FOR 4 TRUCKS AT A COST OF$78,451.00; BID OF GROWERS
FORD TRACTOR CO. FOR 1 FRONTEND LOADER AND 8 TRACTORS AT A
COST OF $114,594.00; BID OF WILDS.'OOD INDUSTRIES, INC. FOR 1
GRADER AT A COST OF $29,762.00; BID OF BLANCHARD MACHINERY,
INC. FOR 2 AIR COMPRESSORS AT A COST OF $14,838.00; BID OF
VERMEER SOUTHEAST SALES FOR 1 STUMP CUTTER AT A COST OF
$16.635.00; BID OF RAYS EQUIP. CO. FOR 3 FRONTEND LOADERS AT
A COST OF $33,102.1 , BID OF MEDCO, IN'T'L. TRACTOR CO. FOR 1
TANDEM ROLLER AT A COST OF $5,582.00; BID OF TENNA_NT Co. FOR
2 VACUUM SWEEPERS AT A COST OF $106,434.00; BID OF CASE POWER
b EQUIP. CO. FOR 1 DITCHER AT A COST OF $13,600.00; BID OF
GLENMAC, INC. FOR 1 BEACH CLEANER AT A COST OF $62,365.00; BID
OF SO. MILL CREEK PRODUCTS FOR 1 FOGGER AT A COST OF $2,250.00;
BID OF MASSEY FERGUSON, INC. FOR 1 TRACTOR AT A COST OF
$29,480.00; BID OF RAYSIDE TRUCK b TRAILER FOR 6 TRAILERS AT
A COST OF $11,196.78; AT A TOTAL COST OF $2,183,119.93; ALLO-
CATING FUNDS THEREFOR FROM THE GARAGE REPLACEMENT RESERVE FUND
IN THE AMOUNT OF $1,919,818.77 AND FROM THE DEPARTMENT OF PARKS
REPLACEMENT FUND IN THE AMOUNT OF $263,301.16; AUTHORIZING THE
CITY MANAGER AND THE PURCHASING AGENT TO ISSUE PURCHASE ORDERS
FOR THIS EQUIPMENT.
(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. 30
MAY 111982
sl
Mayor Ferre: Let me ask you, Eddie, on item 27, which has to do with the
repair of the....
Mr. Plummer: 27(a).
Mayor Ferre: ....of the Marinas, 27, you don't have anything to do with
that, do you?
Mr. Cox: No, sir, I do not, that's....
16. APPROVE ACTION OF THE CITY M0AGER IN AUT110RIZING "A-BU
REFRIGERATION CO." TO REPLACE TWO 50-TON C011PRESSORS IN THE AIR
CONDITIONING SYSTEM IN THE MUNICIPAL AUDITORIUM.
Mayor Ferre: Is there anything else that you have?
Mr. Cox: Only one item, and that's 73, which is a ratification of action
by A-BU Refrigeration Company in the replacement of two fifty ton air
conditioner compressors at Bayfront Auditorium.
Mr. Dawkins: Move.
Mayor Ferre: There is a motion on item 73 by Commissioner Dawkins; is there
a second?
Mr. Carollo: Second.
Mayor Ferre: Seconded by Commissioner Carollo. Further discussion?
Call the roll on item 73.
The following resolution was introduced by Commissioner Dawkins,
who moved its adoption:
RESOLUTION NO. 82-368
A RESOLUTION RATIFYING, APPROVIND A CONFIRMING THE ACTION
OF THE CITY MANAGER IN AUTHORIZING A-BU REFRIGERATION CO.
TO PROCEED WITH THE REPLACEMENT OF TWO (2) FIFTY TON
COMPRESSORS IN THE AIR CONDITIONING SYSTEM AT MUNICIPAL
AUDITORIUM AT A COST OF $9,000.-; AUTHORIZING A FINAL
PAYMENT TO SAID FIRM FOR COMPLETED WORK AND ALLOCATING
FUNDS THEREFOR FROM PROPERTY MAINTENANCE ACCOUNT, CODE
i
NO. 4202401-670.
(Here follows body of resolution, omitted herein and
ji on file in the Office of the City Clerk).
Upon being seconded by Commissioner Carollo, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
sl
MAY 1 1 1002
r r
17. ACCEPT BID OF "ESTATE CONSTRUCTION SERVICES, IOC." FOR
FURNISHING INSTALLATION OF QUARRY TILE TO DEPARTMENT OF
BUILDING AND VEHICLE MAINTENANCE.
Mayor Ferre: Anything else?
Mr. Cox: Yes, air, 108, which is a tile floor on Little Havana Community
Center. The people on that building would be very pleased....
Mr. Carollo: Move.
Mayor Ferre: It's been moved by Commissioner Carollo.
Mr. Perez: Second.
Mayor Ferre: Seconded by Commissioner Perez. Further discussion? Any
questions on item 108, which is the quarry tile for Little Havana Com-
munity Center. This has been properly bid and all that?
Mr. Cox: Yes, sir.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo,
who moved its adoption:
RESOLUTION NO. 82-369
A RESOLUTION ACCEPTING THE BID OF ESTATE CONSTRUCTION
SERVICES, INC. FOR FURNISHING INSTALLATION OF QUARRY
TILE TO THE DEPARTMENT OF BUILDING AND VEHICLE MAIN-
TENANCE; AT A TOTAL COST OF $22,789.75; ALLOCATING
FUNDS THEREFOR FROM THE 1981-82 OPERATING BUDGET OF THE
DEPARTMENT OF COMMUNITY DEVELOPMENT; AUTHORIZING THE CITY
MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE
ORDER FOR THIS SERVICE.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
ABSENT: None.
Mayor Ferre: What's your problem?
Mr. Plummer: My negative vote, Mr. Mayor, is that we are right now
denying people in the Little Havana area food. I think that it is much
more important that even though the bisquits are hard, they're not as
hard as quarry the to eat. I don't want to take one and equate to the
other.
Mayor Ferre: But wait a minute, so we can get this thing straight. Do
you want to explain on the record, Dena, why this is so important?
Ms. Dena Spillman: The quality of carpeting that was installed in the
building was not as good as it should have been; in places it is a mess.
It's really embarrasing to the City.
sl �� MAY 111982
Mayor Ferre: It's not only embarrasing, it's unhealthy....
Ms. Spillman: It's unhealthy.
Mayor Ferre: ....they put food on the rug, it's rotting, the rug smells;
it's a health hazard.
Mr. Gary: flats, infestation.
Mayor Ferre: Somebody is going to trip and break a leg. So I vote yes.
17.1 COMMISSIONER J.L.PLUNfER BEQUESTS OF TIC CLEP.K TO CI:ANGE HIS
VOTE ON AGENDA ITEM 27-a (SEE LABEL 12).
Mr. Plummer: Mr. Mayor, Madam Clerk, let the record reflect that I am
changing my vote on 27(a). I wish to vote on the negative. Unfortunately
that came up first before it was explained with 27(b).
Mayor Ferre: All right.
Mr. Cox: Mr. Mayor, thank you very much.
Mayor Ferre: Wait, wait wait. We have to make sure that no members of the
Commission object. According to our rules now, a person is allowed to change
his vote with the permission of other members of the Commission. So unless
anybody has any objections, let the record reflect that Commissioner Plummer
changed his vote on 27(a) to the negative. Well, it's almost 11:00 o'clock,
o ::c':c ust going to have a lit:_e fur. here.
la. AUDIO VISUAL '_".ESENTATION OF PROMOTIONAL FILM:
"MIAMI, A CITY OF LEISURE".
Mayor Ferre: We're now on item B: Miami, a City of leisure.
Mr. Al Howard: Good morning, Mayor and Commissioners, I welcome the
opportunity this morning to show you a film that has been made for
Miamians. This is going to show the people of Miami what is available
and encourage them to use our lovely parks and to participate in our
programs. The movie is made with funding from the Department of the
Interior. We'll have ten films available to show the civic groups upon
your approval of the film. We will show and encourage the people of
Miami, through this film, of the activities that are available through
the parks and hope that they will use our facilities more. This film
is 134 minutes in length. I think it will speak for itself. If there
are any questions, at the end of the film I will answer them.
We've passed out a little brochure to you, a caricature or cartoon
that will be passed out to the people when we are showing the film.
Also the little footnotes that we have on the fact sheet will explain
where the money came from. O.K.
AUDIO-VISUAL PRESENTATION MADE AT THIS TIME -
("Miami, A city of Leisuie")
Mr. Howard: Thank you, I hope you enjoyed that. This film will be shown
with your approval. It will start going out to the public, to the civic
groups, to service clubs to show them what we have in Miami in the form
of parks and recreation.
33
sl MAY 11 Igor.
0 C
Mayor Ferre: How many of these films do you have?
Mr. Howard: There will be ten copies and two 30 second commercials that
will be on T.V.
Mayor Ferre: Let me give you just one... I think it's just a great visual
thing. Let me give you one constructive criticism. I think you ought to
outline how many parks we have. Perhaps I didn't see it in the beginning
because I was out. From looking at that, it looks very pretty, but that
doesn't tell me how many tennis courts there are available for people to
play in. That doesn't tell me what park facilities, if I have a child that
wants to play baseball, that doesn't tell me where that child can go. How
many baseball fields do we have? Can they play at night?
Mr. Howard: Yes.
Mayor Ferre: How many softball teams are organized? It doesn't tell me.
All it tells me with a lot of pretty pictures is that we have recreational
facilities. What it doesn't tell me what is the recreational facilities...
and I think, and maybe you may have to do it since this is finished with
a visual chart of some sort, but I think you have to tell people what is
available. Otherwise, that is a pretty picture, but....
Mr. Howard: When we show it, what we plan on doing is passing out brochures
in that particular area of the facilities that are available and when they
are available. We're also passing out a survey at the same time we are
doing this.
Mayor Ferre: O.K., thank you very much. Any other questions? Very well
done.
19. COMMISSIONER J.L. PLUMMER, APPOINTED BY THE COMMISSION AS A
COMMITTEE OF ONE TO BRING TOGETHER TKE `�CI1*3IONSY_IP
SPARi'.PLUG REGATTA" PEOPLE.
Mayor Ferre: While Mr. Pancoast is setting up, Mr. Plummer, I'd like to
appoint you as a committee of one from the Commission to bring together
the championship sparkplug people, Gene Hancock and his representatives,
the regatta committee, Cesar Odio, and the City staff, all interested
parties, and you chair a meeting, where hopefully you can bring peace and
order to this very, very confused type of a situation that seems to be
arising.
Mr. Cesar Odio: Mr. Mayor, I had a call from Mr. Lou Nuda....
Mayor Ferre: From Lou who?
Mr. Odio: ....Nuda, from the Florida Inboard Racing Association. Jim
Young, from the champion regatta will be here Thursday. They requested a
meeting at 2:30 P.M., Thursday, to see if we could reach an agreement.
Mayor Ferre: Well, what I would like to do is to have... Commissioner
Plummer is the one who for the past ten years who has taken the time and
interest in this Commission to pursue championship race, champion spark -
plug race. I think he ought to chair that. I would like to ask him to
chair that.
Mr. Odio: O.K., Commissioner, do you want me to change the time?
Mr. Plummer: No, Thursday at 2:30 P.M. is fine with me.
Mr. Odio: Thank you, sir.
sl
34
MAY 1 1 1900
sl
20. PRESENTATioA OF:
(a) SCMIATIC DESIG3I AND OF
(b) THE BAYWALK PORTION OF BAYFROITT PARK REDEV.PROJECT. (DISCUSSI
TEMPORARILY DEFERRED) SEE LABr•L 38.
Mayor Ferre: O.K., Mr. Pancoast.
Mr. Lester Pancoast: Mr. Mayor and Commissioners, I am here today with
Mr. Shoji Sadao, of Fuller and Sadao, and Mr. Joe Middlebrooks. We are
here to give you a kind of progress report, if you will. We are showing you
schematics of the design development of Bayfront Park. Schematics are not
usually something you see, but because of the importance of this project
and the focus on it, we want to keep you as abreast of it as we possibly
can as it goes along.
Mr. Noguchi has designed a park that completely opens up to downtown
Miami. The extension of Flagler Street is a very broad and wide thing
that's accomplished here. Various other important events happen around
that extension of Flagler Street, which isin this area right here.
Flagler Street reaches out now to a great 300-foot diameter fountain,
which is not a structure that blocks the view of the bay, but instead
is an open flat thing that ushers your eye right on out to the water.
The walk system that connects that fountain to the City and on toward
Miamarina, and from over on to the South end of it, which is Miami Center,
is in some places wide open to the sky and others heavily landscaped.
Hernderson-Rosenberg-Skully are the landscape architects working
with us on the design of the park, and they are here this morning also.
This overlay shows the areas of the park that are to be heavily covered
with trees, most of them existing, but many of them not. As you know, the
park was evolved by bits and pieces: many things were added here and
added there. We're getting some order out of the park, but primarily
we're saving the big old trees that are still very much with us, as the
park grew. The two open areas are: the fountain, I just described, and
also the amphitheatre, which is further to the north.
Mayor Ferre: Well, they can't be that old, because that was water SO years
ago.
Mr. Pancoast: In Miami a tree doesn't have to be very old to be an old tree.
Some of those ficus trees are really tremendous in scope.
Mayor Ferre: I say the same thing about members of the Commission.
Mr. Plummer: Yes, he keeps forgetting that he is a year older than I am.
Mayor Ferre: Lester, just a ten minute pause on that. The reason why Plummer
gets upset is because I am introducing him now everywhere we go as the senior
member of the Commission, which of course, he is. But he misinterprets it
and denies it.
Mr. Plummer: I have funeral arrangements made on Ferre. He doesn't on me.
Mr. Pancoast: Well, what I would really like to point out here is that
this is an urban park. More urban probably than some of the other parks
that we have just been looking at this charming lady trodding through.
This is going to be a great flow of people into the park. It's never
happened there before because of various things that were done wrongly
as we went along. But having learned a lot about urban parks, Mr. Noguchi
has come up with a design which helps us achieve this one very much, because
it separates the overall park accomplishment from the special items within
it. That's important because the special items must be funded privately.
We realize there simply isn't enough money to do the whole thing in one
great swallow. But we need a plan by which we will proceed, and we items
which will attract an interest, private money, particularly from those
interests, closely surrounding this park, for which the park will be a front
yard.
35
MAY 11 1902
`' F
Mr. Pancoast: (CONTINUATION) This overlay shows a brown area on top, which
is an area that is to be built by the corps of engineers. The corps of
engineers is going to start construction on that area as early as September.
So the realization of the park will become understood to everybody in Miami
as this begins to get under way. There will be activity there. That tire
bulkhead that you saw in the film a minute ago will give way to a tremendous
riprap and also a carving off of the top corner of the park so that from
deeper in the park people can see directly down into the water.
Mayor Ferre: Lester, how much money are we spending on that?
Mr. Pancoast: If we were to do it all at one time, you mean?
Mayor Ferre: Yes, yes.
Mr. Pancoast: The total outside figure?
Mayor Ferre: Yes.
Mr. Pancoast: The matrix, which is what we call the surrounding elements,
not the yellow ones here.
Mayor Ferre: No, no, no, I'm talking about the corps of engineers.
Mr. Pancoast: Mr. Middlebrooks will have to report on that because I
don't have his figures yet....
Mayor Ferre: O.K., Joe, you're going to give us a report on that?
Mr. Pancoast: ....but he will in a minute. He's on the program in a
minute. He'll be, I hope, briefer than I am. These yellow items are
the privately funded ones; and they are the fountain, and this item there
which is on one of the hills of the amphitheatre, a model of which (a study
model) is in front of you here. And that is called a light tower. That
tower is more or less in the middle of the park and does a great number
of things for it. First of all, it's a light feature so that at night
it shows and does dramatic things that way. It's also the place where
security occurs. It's also the place where one can get informal foods.
It also takes care of the restroom facilities that are necessary in the
park for its normal operation.
This one closer to us here is under design development now. Its
smaller amphitheatre thing, it's playful and it's cultural and it's still
evolving. The fountain, I have already explained to you. Then within
Mr. Middlebrook's area there are features that he will describe. I
would like to put on Mr. Shoji Sadao briefly now so that he can talk
about the design of those elements.
Mr. Shoji Sadao: I'm Shoji Sadao with the firm of Fuller and Sadao. We
have been charged to implement the design that is developed by Mr. Noguchi.
I'll just speak briefly on the fountain and the light tower. The light
tower is going to be quite a light show. It'll be one of the features
that will be drawing a lot of people down to the park at night. It will
be kind of a beacon there, and we will have to, of course, check with
the Coastguard or whoever it is that has jurisdiction to it, so that we
don't interfere and cause confusing signals. But it is going to be a
feature that is going to be there at night to really attract attention
and I think it will be drawing attraction for many of the people in the
area there. We will be working very closely with a lighting consulting
firm stationed out of New York, who will be advising us on what is possible
there and what the cost will be for developing these light programs.
The other feature that Lester mentioned briefly also is the fountain
at the end of the Flagler Street access. That fountain is going to be a
fairly low fountain so that it does not block the view. The fountain
itself is going to be about four feet higher than the surrounding area.
But the actual water display will be 20, 30, possibly 40 feet high in
the air, as it cycles through various programs. In Detroit we had programs
that lasted for about(continuous sort of changing programs) that lasted for
about 30 minutes. I think here we will have fewer programs, but it is going
to be a program that can go on an automatic mode or on a manual mode so that
you can have the program varied as the weather and wind conditions change.
n
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MAY 11 1904
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Mr. Sadao: (CONTINUED) One other thing that I would just like to briefly
touch on is the construction cost of the project, as we see it now. Mr.
Middlebrooks will be giving the presentation on the bay walk, so I will
not touch on the brown portion of the project, but on the other, sort -of
green and yellow portions that are shown there.
What we call the Matrix, or the general park exclusive of the yellow
elements, we presently budget at about $8.4 million.
Mayor Ferre: Does that include the federal government's participation along
the bulkhead?
Mr. Sadao: No, Mr. Middlebrooks will be presenting that. I'm just talking
about everything exclusive of that, which will be publicly financed.
Mayor Ferre: In other words, what you are saying is exclusive of the brown
area, the rest of the park, the infrastructure is $8 million.
Mr. Sadao: Also exclusive of the special items, which are the items in
yellow, which will be privately funded.
Mayor Ferre: Now, in contrast to that, we didn't go to Detroit this last
time we went up to Baltimore and Boston; but in Detriot they spent $35
million to do something similar in size.
Mr. Sadao: Much smaller, it was only about eight acres.
Mr. Dawkins: Now, is that 8.5 the minimum or the maximum?
Mr. Sadao: There is no minimum or maximum. This is just what we have
currently, in this schematic phase estimated as the cost of what is proposed.
Mr. Dawkins: This is an estimate.
Mr. Sadao: It's an estimate, yes.
Mr. Dawkins: And a very, very broad estimate.
Mr. Sadao: At this moment, yes, it's only the very first test....
Mr. Dawkins: So we could end up with $16 million.
Mr. Sadao: Well, I hope not.
Mr. Dawkins: But we could, with inflation and the high cost of construction,
etc.
Mr. Sadao: Well, I think what we'll probably do is try to stay within a given
budget and if escalation does take place....
Mr. Dawkins: Well, O.K., give me the figure that you think we could remain
within.
Mr. Sadao: Well, we think that we could remain within the $8.4 million
for this particular portion of it.
Mr. Dawkins: He mixes apples and oranges on me now. I just asked you:
"Was that the bottom line figure?" You said, "No." Now you tell me,
"I think we can remain within it."
Mr. Sadao: While we will always be working toward that, we cannot as
architects guarantee, as a contractor can, that you will do a project
for a fixed number of dollars. It will vary with the market condition
and with the program and scope of facilities that we will be charged to
put into the park. That has never been completely defined yet.
Mr. Dawkins: The bottom line of my question is: in the event that we
have cut back for the lack of money, is that figured in where it will not
take off too much from the overall beauty of the park?
sl 37 MAY 111982
e V
Mr. Sadao: We will try to work with the group that's going to be charged with
working working with us in terms of establishing budget with scope and with
the facilities that are going to be provided in the park. It's phased also,
so that it will be done in increments.
The other elements that are shown in yellow there, there is the tower,
the light tower, which the model appears before you here, is currently estimated
at $750,000. The fountain, which is at the end of Flagler Street, is about
$1.5 million. The other facility, which is the small amphitheatre, is
around $2.4 million, so that the publicly funded matrix is $8.4 million,
as I said.
Mr. Plummer: Publicly or privately?
Mr. Sadao: Public. The matrix, the large background of the park; the privately
funded portion, we think, if you take the three that I just mentioned,
totals about $4.6 million. So far, excluding what's there in brown at
the top of the drawing, it would be about $13 million. And those are the
kind of figures we are working with at the present moment.
Mayor Ferre: Are there any questions?
Mr. Sadao: I think maybe we should move on to Mr. Middlebrook's presentation
and once you have the complete picture then you can begin to ask specific
questions.
Mayor Ferre: All right, I think we should. Mr. Middlebrooks.
Mr. Perez: Mr. Manager, could I ask him a question? How much did the City
spend in the last ten years in improvement, remodeling, changing design in
Bayfront Park?
Mr. Gary: Commissioner, I don't have that figure, but I'd be happy to get
it for you.
Mr. Perez: I would like to have that.
Mr. Plummer: $1.89.
Mr. Carollo: Mr. Manager, in that figure, can you also include the amount
that was paid for in the realistical,present-day value of that library?
That we'll be having to....
Mr. Gary: Yes, sir.
Mr. Joseph Middlebrooks: I am on the contract with the Army Corps of
engineers to do the Eastern portion of the park. The overall park....
Mr. Dawkins: You are not on the contract with the City of Miami.
Mr. Middlebrooks: No, unfortunately, I have never had an architectural
contract with the City of Miami.
Mr. Dawkins: See, this is what irritates me. See, every time I look,
I see everybody up here but one of us. And now you come before me on
a project in the City of Miami and the U.S. government has to subsidize
you. I have problems with that!
Mayor Ferre: Now, now, wait, wait, waitt
Mr. Dawkins: I have problems with that!
Mayor Ferre: Wait, wait, wait! Wait a moment, let's get this straight, now.
The U.S. government is in here because of the City of Miami. And the U.S.
government has come up with... let me finish! ... $5.4 million. We owe that
to Claude Pepper. The City of Miami and Kitty Roedel, who is back there,
had not worked as hard in getting these funds, and identifying them, and
going to Jacksonville, and going to Washington, and getting Claude Pepper
involved, we would have never received this $5.4 million. Now, that's
Claude Pepper who got us those monies.
VU
sl MAY 111962
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51
Mayor Ferre: (CONTINUED) I don't care, frankly, whether the money comes
from the State, the federal government, an agency, or anybody. The fact
is this is our project. Those are our moneys that happen to be in the
hands of the federal government. We were responsible; and I want you to
explain exactly how we were responsible for insisting that Joe Middlebrooks
get that contract.
Mr. Dawkins: Mr. Gary, I want you to understand what I'm saying. Mr.
Middlebrooks is a member of the AIA, the same as any other architect in
the City of Miami. From now on, when projects come before this Commission,
and minority members with AIA certification are not awarded or considered,
you will not have my vote.
Mayor Ferre: Let me put it this way. Mr. Middlebrooks, I don't mean to get
into a big hastle on this thing. Is this the biggest project that you've
done for the City of Miami?
Mr. Middlebrooks: I have never had an architectural contract in twelve
years of practice here with the City of Miami....
Mayor Ferre: Which is his point. But the point is this is a beginning.
And we were involved in thing, weren't we?
Mr. Middlebrooks: ..which is his point, correct. Well, to be actually
truthful with you, I'm not sure how the City was involved. In the contacts
of my selection, I don't think that the City....
Mayor Ferre: Now, wait a minute, I want to get this straight right now.
Kitty, you told me specifically that the City of Miami was instrumental
in making sure that Joe Middlebrooks got this contract. Now, is that
a fact? Because, I mean, if that is not a fact, then I want to know it.
Ms. Kitty Roedel: Kitty Roedel, Director of Marketing, Downtown Development
Authority. The Corps of Engineers has a separate, federally mandated
procurement procedure. Joe, as I understand it, was on the Small Business
Administration list. His name was selected through the Atlanta office of
the Corps of Engineers.
Mayor Ferre: So we had nothing to do with it.
Mr. Middlebrooks: I don't think so, Mr. Mayor.
Mayor Ferre: Thank you for clarifying that; I stand corrected.
Mr. Middlebrooks: Again, explaining the park, my charge on the Corps of
Engineers is to coordinate our activities with the various entities that are
involved here, the City Administration through the Parks and Recreation
Department, the Downtown Development Authority, and the City's coordinating
architect, Lester Pancoast. We are, fortunately or unfortunately, ahead
of where everyone else is in the total implementation of the park. We
have just submitted to the Jacksonville district of the Army Corps of
Engineers this document which represents approximately a 35% completion
of the work for which we have under contract. It's a very technical
document and the intent of it is to give the Corps of Engineers the kind
of engineering data that they need to make some kind of determination about
how they are going to go along and I suppose also, if they are going to go
along.
The important features that we have to design are the three piers
here; one on the east end and two on the south end, and then two on the
north end of the park, that have to be designed. There is a plaza. We
have to make provisions for the incorporation of the fountains within our
contract area. gThere is the bay walk itself, which parallels the bay,
and bolders or riprap, whatever we eventually end up with, which would
be the connecting edge between the land and the water.
39
MAY 111982
Mr. Middlebrooks: (CONTINUED) Presently, our projected cost for the Corps
improvements approximately makes $6 million, and that is the total cost we
have indicated to the corps that we anticipate that they will have to come
up with in order to make this a reality. Some other important considerations
that we have are the manner in which we synchronize the total design with
the design which is beyond our contract limit lines. Also, the manner in
which we coordinate this selection of materials so that there is consistency
with reference to the materials that we select and the ones which the City
and others will select to implement the park. So I guess our primary task
is really, in that instance, a coordination of what we are doing with the
other entities involved, but the overall guiding influence, of course, is
going to be the Corps of Engineers, my client, in reference to what they
will or will not accept. Either yesterday or today they will receive this
document and we are on a very tight agenda. The intent of the Corps is to
have the park under construction, or rather, award the contract before the
end of September. Our relationship suggests that within ten to fifteen
days, they are to get back to me to let me know whatever comments they have
and authorize us to proceed. In the development of the documents thus far,
the Corps has been involved, the coordinating architect, and the City have
been involved; so there has been that kind of coordination. I think that
the only remaining outstanding question that the Corps has is the amount of
money which is going to be necessary to implement the park. Originally,
and I don't know how it happened, the Corps came up with an estimate of
$800,000 for the implementation of the park, and as indicated, my estimate
for the improvements that are needed approximate $6 million. That completes
my report.
Mr. Plummer: Question. Just a little bit of difference. Is your project
with the Corps of Engineers independent or is it tied to the remaining
improvements?
Mr. Middlebrooks: It's tied to the entire park. One of the charges that
I have, as indicated, is to coordinate with the City and the Downtown
Development Authority, so it's to be an integrated park. That's why I
indicated that we have to be very careful about the selection of materials
so that the ones that we select are going to be consistent with the ones
that are going to be selected beyond our contract limit lines.
Mayor Ferre: Mr. Manager, what is it you want from us?
Mr. Plummer: $19 million.
Mr. Carl Kern: There is item 71 which is to increase the architectural
engineering fee for the overall planning design part.
Mayor Ferre: How much is that?
Mr. Carl Kern: That is....
Mayor Ferre: Is this with Pancoast?
Mr. Carl Kern: Yes, $566,000 that is to be paid as the items are designed
and constructed. That's all the way through construction drawings. We need
that approval because as different segments get funded, we have to be able
to tell them to go ahead and proceed.
Mayor Ferre: Does that have your recommendation?
Mr. Gary: Yes, sir.
Mr. Carollo: From $130,000 to how much?
Mr. Carl Kern: $566,000; the original $130,000, Commissioner Carollo,
was only for the initial design/development stage, it didn't go all the
way through construction drawings.
Mayor Ferre: You're not going to build a park of this magnitude for
$130,000 in architectural fees. There's just no way it's going to happen.
No, that was just for the original planning part, and we're
to that stage now...
sl :3 MAY I 1 1�2
Mayor Ferre: As I recall, Joe, and looking at your fee, you got $100,000,
didn't you?
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD.)
Mayor Ferre: Well, I saw that, yes. You got $100,000 for your portion of
it so, you know....
Mr. Plummer: Yes, but if he got $100,000 for $6 million and we're talking
about $600,000 for 13....
Mr. Gary: $8 million... $8.4 million.
Mr. Plummer: ....or $8.4 million, something is way out of....
Mayor Ferre: No, but see, J.L., the difference is this.
Mr. Plummer: Yes, the difference is $566,000.
Mayor Ferre: Yes, but the difference, if I may, is this....
Mr. Plummer: Middlebrooks is cheaper.
Mayor Ferre: O.K., well then...
Mr. Plummer: No, wait, I understand what you're saying, Mr. Mayor.
Mayor Ferre: Well, what am I saying, if I haven't said it? You won't let
me say it. What are you, a mind reader now, amongst other things?
Mr. Plummer: I guess that's one of the dangers of being around too long.
Mayor Ferre: Look, I think the point is that this is a very complicated
job. Obviously with all these monuments and statues, and fountains, and
contours and all of this, the amount of work that has to be put into this
portion of the park is obviously going to be very extensive. There's no
way that you're going to build this park unless you do the architectural
work, or you know, do what you want, but I think we need....
Mr. Plummer: Let me ask you a question, Mr. Pancoast, maybe you can answer,
what in fact, number one been committed from the private sector? And two,
what is in the bank from the private sector? If you are prepared to answer
that....
Mr. Pancoast: I'm not prepared as an associated architect of a large team
of professionals working on the park, to answer that question. But to the
- extent of the knowledge that I have about it is that the three yellow elements
are to be privately funded. I have been a part of a large number of
discussions with people who are interested in funding those and who, in one
case, is ready to move on it.
Mayor Ferre: Yes, but, Lester, the engineering and architecture you're
doing is for everything and including....
Mr. Pancoast: Oh, yes!
Mayor Ferre: ....the water, and the fountains, and the electrical for this
and all the stuff that goes on.
Mr. Pancoast: Yes, yes. That covers working with Mr. Middlebrooks too, at
great extent.
Mr. Plummer: Lester, that's fine, but that doesn't answer my question.
Kitty Roedel maybe can answer it, because she was the one who came and
sold this Commission on the fact that a tremendous amount of private
sector funding would be available. So I'll ask the same question once
again, if Kitty is prepared to answer the question. Number one, how much
is in fact committed by the private sector? --You don't even look half
as good as Kittyl-- And second of all, how much of it is in the bank?
41
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MAY 11 1982
41 r
Mr.Roy Kenzie : The answer to those questions is zero and zero. We are....
Mr. Plummer: That's what I'm prepared to vote for today.
Mr. Roy Kenzie: We are in the process of trying to finalize the negotiations
with Mr. Gould in relationship to the southernmost portion of the park and
we're working with other groups on the other two pieces, but we have not
come to a conclusion on that yet. One of the things that they have required,
the groups that we've worked with, is some idea in architectural form of
what they're going to be paying for. Consequently we have had to go through
the design and develop these drawings to the point where they have an idea
of what the kind of thing they are going to be funding. As a consequence,
the fountain and the details of the fountain or the lighthouse tower here,
in the case of the donor of that, he wanted to have that developed to the
point where he could see what would be involved in paying for and have the
architectural work done to the point in terms of drawings and specifications
where we could have a good idea of the price.
Mayor Ferre: J.L., let me put this in perspective, if I can. I'm not saying
that this is going to be London or Paris or Rome or some other major world
city. But if you go to Philadelphia or to Boston, we just went through
Baltimore, we've been through different cities looking around: Atlanta, for
example. You know, the community, the City, has to do something in the core
area. This is what is called the 100% location in Miami. This is the center
of Miami. Now, we have a world renowned artist and we're going to do all
finished and it's all done, it's going to cost us $15 to $20 million.
There is no question... J.L., I would like you to hear this... It's going
to cost us $15 to $20 million to do this by the time it's finished. Now,
in Detroit, the mayor of Detroit and Commission there built a similar type
of a project on eight acres, which is supposedly 100% point in Detroit.
They spent $35 million; that's Detroit. Now, we're not quite as large as
Detroit, I understand that, but there are other cities in America that
have done this. Philadelphia has done that. They're doing more of it.
Now, if we are going to attract the kind of investments like Gould, and
Southeast, and these other major corporations that spend hundreds of
millions of dollars, which we will derive taxes from, we have to make the
atmosphere there commensurate to it, otherwise we're not going to be a
world class city, which I think is what we all want to be.
Now, we're going to be doing, hopefully... you see that hexagonal
thing? That's Miamarina... Hopefully we'll be designing very soon now a
project on either side of Miamarina, similar to what we saw in Baltimore
... the three of us that went to Baltimore... that will be tying into this
park. In Baltimore they have 35 acres, which is not too different from
the size of this park.
Unidentified: 28
Mayor Ferre: 28 acres, Baltimore. In Baltimore, they have spent... because
we saw, those of us who went there... just in the infrastructure alone for
Harbor Place, they spent $15 million just for the infrastructure! If you
take into account what the cost of all the money that has been spent in
Harbor Place, you're talking about over $100 million. If you think we're
going to do the same thing in Miami for less, you're kidding yourselves.
We have to get on with this project and it's time for us to bite the bullet
and move along!
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: In response to the fee, the fee is based on 5�% of all the phases
they have to do. The plan is to get total City Commission approval so that
as we proceed from one phase to another, we'll allow them to proceed. Under
no circumstances are we going to pay them one lump sum when they haven't done
the work.
Mayor Ferre: Are you recommending this, Howard?
Mr. Gary: Yes, I am. I am recommending the $566,000 for the architect.
That's $566,000 with the understanding, Commissioner, that unless we get the
additional money to improve this park, that obviously they can't proceed forward.
�.2
sl MAY 1 1 1982
sl
Mr. Dawkins: That's excluding the governmental taxes with the boardwalk.
That does not include the part. The government's going to do it anyway.
Mayor Ferre: The federal government is going to do the brown part.
Mr. Plummer: That's what I just asked, was it indipendent of the rest of
the park, and the answer was no.
Mayor Ferre: No, no, J.L.
Mr. Plummer: Wait a minute, Mr. Middlebrooks.
Mayor Ferre: Joe Middlebrooks has done the brown portion.
Mr. Plummer: That is correct.
Mayor Ferre: Other than the brown portion, the yellow and green portion
must be done by these architects. That's what we're talking about.
Mr. Plummer: No, what Mr. Middlebrooks said, as I understood, was that the
brown was contiguous upon the remaining portion. That the government was
not going to do that unless it was integrated into the rest of the total
picture.
Mr. Middlebrooks: Unless the design is integrated, the federal government,
I think has somewhat committed itself to funding this independent of the
other funding sources. It is their intent to have this under construction
before September 30th. I think long before any of the other parts of the
park will be under construction. So that the work that we're doing is in
the sense of the budget dollars, federal dollars, total; no City dollars
involved. No City contractual liability at this point anyway insofar as
the work that we are doing.
Mayor Ferre: But Joe, the point is....
Mr. Middlebrooks: But the overall design is one integrated park.
Mayor Ferre: There is linkage, in other words, these things are linked
together. We wouldn't be doing the brown part if we hadn't come up with
the idea of doing the rest of the park.
Mr. Middlebrooks: Correct.
Mayor Ferre: Claude Pepper helped us get the funds.
Mr. Middlebrooks: Correct.
Mayor Ferre: You've designed it and everybody to start.
Mr. Middlebrooks: Correct.
Mayor Ferre: But these things are all linked together.
Mr. Plummer: The design doesn't hold true.
Mayor Ferre: They're linked together.
Mr. Plummer: All right, that's....
Mayor Ferre: There is no question that they are... we wouldn't be doing
one without the other.
Mr. Plummer: Well, Mr. Mayor, briefly, my same concern, of which I was
sold on before, and I'm still concerned today, is that involvement of the
private sector; and I'm told that they have zero commitments and zero dollars
in the bank. I don't believe this City is prepared if the private sector
does not come through to fund it, even though it is, as this gentleman here
says, in increments.
43
MAY 1 1 1982
Mayor Ferret O.K., before we vote on this, let me, just for the record,
read two telegrams into the record.
"Regret very much that my attendance at International
Press Institute Conference in Madrid, Spain this week
prevents my being present at your important meeting on
Bayfront Park plans. I urge most enthusiastically that
you approve the excellent park design developed by
Isamu Noguchi. This outstanding artistic concept will,
in my opinion, turn the now passive space in an active,
Invaluable community asset.
(Signed) Tina Hills, Committee Chairman, for the Park Committee"
And next she sent another telegram:
"Sorry I cannot attend Commission meeting on Tuesday.
Out of town on business. Congratulate you on the
design for Bayfront Park. Looking forward to this
positive attribute to the City and working with
you on project."
Now, what is the will of this Commission on item 71?
Mr. Carollo: I have one more question, if I may, Mr. Mayor.
Mayor Ferret Yes, sir.
Mr. Carollo: Maybe Kitty can answer that.
a,ayor Ferret Kitty.
Mr. Carollo: Kitty, just what were the commitments that Mr. Gould made to
us inasmuch as how much money he was going to spend in that park.
Mr. Kenzie Commissioner, I'm sorry, I missed your question. Could
I answer, please?
Mr. Carollo: What commitments had Gould made to us in helping us financially
with that park?
Mr. Kenzie . His only commitment was when we went through the development
order that commited an unspecified amount or in -kind services to the park
itself. He said that he would do something in terms of working on the
design and providing a piece on the development of Bayfront Park. There was
no amount specified, or in -kind services specified.
Mr. Carollo: Has he done anything yet?
Mr. Kenzie . There have been a lot of discussions with him as to what
his contribution would be or what his involvement would be but there is no....
Mayor Ferret The answer is "no."
Mr. Kenzie ....final figure reached or in -kind services reached.
Mayor Ferre: In fairness to Gould, let me say... and I don't think it's any
secret that Mr. Gould is totally against the design of that yellow thing in
front of his hotel. Now that is part of the problem. If I were he, and if
I had objections to a design of one of the major pieces, then I would with-
hold... I understand, that's human nature.
The question is, are we in this Commission, are we going to do what
Gould wants us to do there?
Mr. Carollo: No.
Mayor Ferret Or are we going to do what the majority of this Commission
wants to do, or hopefully the whole Commission united. I think that the
funding of this, in my humble opinion, is totally incidental and is a
secondary thing to gettin on with this very important project. I totally
agree with Tina Hills and the other people, not only in the art community
and the Chamber of Commerce and all that, but I think we have a fairly
united community to go forward with this thing. We have to get on!
sl
4
MAY i I Igoe.
4 s
Mr. Dawkins: Well, let me say this, Mr. Pancoast. The only way... I mean
I'm totally against it. I must tell you up front. But the only way that
I would reverse my decision is for you to tell me now, approximately what
percentage between 20 and 30 that Joe Middlebrook would come out of with you
as a minority, what percentage? That will'help me determine whether I can
go with this or not.
Mr. Pancoast: Well, there are two different contracts relating to two
different amounts of money. If you want to....
Mr. Dawkins: I want to know nothing about the governmental part. I only
want to know about the City of Miami's part. The part that you will be
paid for with the City of Miami taxes.
Mr. Pancoast: Yes.
Mr. Dawkins: O.K.
Mr. Pancoast: And the question in relation to that part?
Mr. Dawkins: Is I could be persuaded, althought I am against this, to vote
for this, if you were to tell me up front, what between 20, since we have
a minority set aside of 20%, and there is not a Latin AIA here, where I
could say give one to one and one to other... What percentage between 20
and 30 percent would you be willing to tell me now that you will contract
with a minority?
Mr. Pancoast: My partner is Cuban.
Mr. Dawkins: Well, you and your partner come back and tell me, then, and
I will be willing to vote.
Mr. Pancoast: All right, we will be glad to explain to you the make up of
the team....
Mr. Dawkins: No, no, no, no! You either tell me now what we're going to
do. You say: "My partner and I will do 15, 20V I don't care if your
partner is a Chinese. O.K.?
Mr. Plummer: No, he's Japanese.
Mr. Dawkins: Now, I'm telling you... and I think if you don't understand
what I'm saying...I mean a black participation. Now in minority, we can
say, you can have three minorities in one person. You can have a black
female who speaks Spanish: you have three minorities!
Mr. Carollo: Or you can have a Cuban black
Mr. Dawkins: That's right!
Mr. Carollo: That speaks English!
Mr. Dawkins: That's right!
Mr. Pancoast: We'd like to find one!
Mr. Dawkins: But all I'm saying is... you just heard a man stand before
me and tell me out of all of the dollars that are spent with architects in
the City of Miami he has never had a contract with the City of Miami. Now
that's regretable! It is not your fault, and I am not holding you responsible,
but here I have, in my opinion, an opportunity to help you to help me to help
one of them. That's all I'm saying here.
Mr. Pancoast: Well, Commissioner Dawkins, I've been looking for a black
architect to work with me in my office for years, and I haven't been
successful.
Mayor Ferre: Lester, Lester, Lester, let me stop you very quickly. It's
a very simple matter. There is a $500,000 (whatever it is) contract here.
The Commissioner is asking you, "are you willing to make sure that $100,000
of that is set aside so that a black architectural firm will get some of
the action?" It's just that simple, and he's asking for a "yes/no" kind
of an answer. �5
al r MAY 1 119820
C
Mr. Pancoast: 'Then I have to give him a "no." We have a....
Mr. Dawkins: Thank you, I have no problem with that. No, no, no! I
don't need any discussion! I told you that my vote predicated on "yes
or no." You said "no." I don't need....
Mayor Ferre: The man has asked you a question, and he's asked you to come
back to give him an answer. You chose to do it now, well, that's your
decision.
Mr. Pancoast: Yes, it's a very carefully balanced team. Everybody
knows exactly where he is. It involves a number of people types and
I regret that none of them are black, because I very much one of them or
several of them to be, but they aren't.
Mayor Ferre: O.K., where are we on item 71?
Mr. Carollo: Well, I have another question, if I may speak for the silent
majority of the City. How many Cubans do you have working in the project?
Mr. Pancoast: In my office?
Mr. Carollo: On this project.
Mr. Pancoast: Let me think, I don't know about the landscape architects,
how many they have, but I'm sure they have some. In my firm more than
50% are Cuban. It's perfectly natural in Miami to....
Mayor Ferre: See, the problem in this is that architectural firm here
does meet a minority requirement, but they don't happen to be black. They
happen to be Cuban. The fact is that it is not Pancoast, it is Pancoast....
Mr. Pancoast: Albisa.
Mayor Ferre: And Albisa happens....
Mr. Carollo: Yes, I realize that, Maurice. I just wanted to get it in
the record, if I could. Thank you.
Mayor Ferre: In other words, your operation is at least 50% minorities,
is that correct?
Mr. Pancoast: Yes, as a matter of fact, in terms of ownership of the firm,
it's exactly 50%, which means we do not qualify for minority status in a
technical sense, because it would have to be 51% ownership by the Latin
part. This is a little bit ridiculous, but the intend is valid. If I
were to sell him 1% of my firm, then we could list ourselves, but that's
a subterfuge, because it really doesn't bear on the question. The question
is can we present a varied bunch of people types? We would very much like
to work with black architects and we're still looking for one. No matter
what people say we will continue to look for one, because if we can find
it, we can demonstrate this thing validly, instead of in a token manner,
which is ridiculous.
Mayor Ferre: Gentlemen, what we have before us is a very simple question.
Item 71 says, "do we contract with the Manager's recommendation, with this
architectural firm to proceed?" "Yes or no?" Now will somebody either make
a motion either for it or against it?
Mr. Dawkins: I make a motion that we do not.
Mayor Ferre: All right, there is a motion on the floor. Is there a
second?
Mr. Plummer: Well, Mr. Mayor, Carollo thinks he speaks for the silent
majority.
Mr. Carollo: Well, we finally shut you up, Plummer.
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MAY 11 198
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Mr. Plummer: No way! Mr. Mayor, I'm going to second Commissioner Dawkins
motion for a different reason than what I understand he is trying to
accomplish. Mr. Mayor, I was sold, as you know it, as you will remember,
I was of the negative. But I was sold on the fact of tremendous involvement
of the private sector. Zero from zero is zero. I think that at this
particular time... you know, we've been snookered by Gould, O.K.... how
much is an undetermined figure? $1.00. We've been snookered! We've had
itl That's unfortunate. But I am concerned, as I have sat here for twelve
years and seen for so many times happen, and Lester, you've seen it, where
all good, glowing things are said of what we are going to do, but when the
bottom line is there, it's not. I think we have progressed sufficiently at
this point that we are either going to sell the private sector or we're not!
Now, we can go on, and on, and on... we're talking about $566,000. There
is more to be involved, I'm sure. This is not for final design.
Mr. Pancoast: If it were built today, it would be for complete design
services. That's why the number reads so large. Obviously, it is a phase
thing, and it will be done piece by piece.
Mr. Plummer: Lester, you know and I know that there will be changes. O.K.?
Mr. Pancoast: It's the nature of the piece.
Mr. Plummer: I sensed here this morning, based on what Mr. Carollo said,
and I think I agree with him, that there is going to be a definite resentment
of taking that public library out of that park. So, if that's the case of
this Commission, you are going to have to work around it. What I'm saying
to you basically, and the reason I am seconding the motion, I want to bring
at this point somewhat of the private sector involvement which I was promised,
which has not come forth at this point.
Mr. Pancoast: You mean the deadline has passed for that? Because the meeting
has....
Mr. Plummer: No, it's not passed.
Mr. Pancoast: The meetings I've had have been very hopeful in this regard.
Mr. Plummer: It's not passed. It's only passed to the sense that we don't
have any commitment.
Mayor Ferre: J.L., let me try to talk you out of that. Would you let me?
Mr. Plummer: That's simple!
Mayor Ferre: I want you to listen to me for a second. You didn't listen
to me with the police building, you didn't listen to me with this improvement
here that we've done to the auditorium. I want you to please just listen
on this. We have $6 million coming from the federal government, U.S. Corps
of Engineers. We do not vote today for the architectural contract, that
is a very clear signal to the U.S. Corps of Engineers that we're not going
to proceed with this. If we're not going to proceed with this, I absolutely
guarantee you that that $6 million will be pulled. We're going to lose it,
,and once we lose it, we'll never get it again. So what you're doing today
is killing this project totally. Now, let me plead with you. I realize
that a park that is going to end up costing $15 million is a lot of money.
In my opinion, it will end up costing $20 million by the time we're finished.
Please believe me that Tina Hills in that committee, Mrs. Garner Cole and
some of these very important people, the most important people, I would say,
the art community, have dilligently been working with foundations and with major
entities. There is a major developer -builder who is willing to commit a
couple of million dollars' worth of work on this particular sculpture.
We're about 95% there! It hasn't been finalized. Now, for God's sakes!
Don't cut your nose to spite your face! Gould has nothing to do with this!
Gould happens to be a bystander participant in this process. For God's
sakes, let us not to spite any one individual or because of a bad faith
or a lack of commitment (Gould or anybody else)... we should not be making
a decision based on who but on what. The what is not Gould, but what is
this is the 100% location in Miami. We need to move forward on this!
I plead with you that you not kill this project by voting against the
architectural design. If you vote against this, I absolutely on the record
will tell you and guarantee you that the U.S. Corps of Engineers, because
417
sl MAY 11 1�z
r e
Mayor Ferre: (CONTINUED) you know that the Herald is going to call them
right away with the news, and they are going to pull it. What you're doing
is you're kissing $6 million away! Now, right now we have spent over $1
million so far of the City moneys to move to this point on this project.
For you, at this stage of the game, to do what you are about to do, in my
opinion, is going to do irreparable damage... and you will see nothing =
happen in that park. I know for a fact Noguchi will take a walk, which is
fine. That's.your opinion, but that's not the opinion of an awful lot of
other people in this community that have worked very dilligently to bring
this major artist to this community to do this. I think it will be another -
sign... I guarantee you this will be a front page story in the national
press! Absolutely! It'll be in Time Magazine to show how Miami functions. -
How we have tunnel vision and how we we want to be a big city but we don't
want to deal with things the way Atlanta and Cincinnati and Los Angeles
and Denver and Houston deal with things! Please if you want to withdraw
that and just hold it off for another vote some other time and we'll take
it up this afternoon, but don't kill it!
Mr. Carollo: Maurice, I'd like to bring two things up. One is, we don't
really have to approve $566,000 now. We can cut that in half and approve
half, or even a third of that; and then go at it piece by piece. Secondly,
the question that I have has to do with Mr. Gould directly and indirectly.
If I recall the original design that we had, there were going to be two
main entrances, one on each side. Is that correct? Is that still the
design that we're going on?
Mr. Pancoast: I'm sorry, in regards to Mr. Gould's property?
Mr. Carollo: No, the main entrance to the park... there were going to be
two main entrances, one on each end of the park.
Mr. Pancoast: Yes, yes.
Mr. Carollo: Is that correct?
Mr. Pancoast: Yes, it is. I didn't cover that very carefully earlier
and I should have, but perhaps the most important entrance is this little
item down here which is the downtown component of Metrorail station, which
has a bridge which I believe is to be paid for by Mr. Gould. It comes
across at this end of the park. The main entrance for those people would
be at this lower corner. The other three main entrances that I would point
out for pedestrians are one in front of Mr. Gould's project, the one that
we've already talked about at the end of Flagler Street and of course, the
one up there at Miamarina which will look in to the north end.
Mr. Carollo: My feelings are these: Gould made a commitment to us and he's
playing us for fools. If Mr. Gould wants a private entrance from his hotel
and his condominium complex, and office building directly to the park, then
I would suggest that Mr. Gould puts up the money to build that entrance on
that side. If not, let's seal that off and put an entrance somewhere else.
I mean, I hate to play this way with the man, but that's the only thing he
understands....
Mayor Ferre: I'll go along with that.
Mr. Carollo: ....when he gets smacked right between the mouth! This is
my suggestion to this Commission.
Mr. Plummer: It does no good to smack him right between the mouth, you
have to smack him between the wallet.
Mr. Carollo: Well, J.L., I think you misunderstood what I meant, you know.
Mr. Plummer: No, I've -heard a lot of mouth, I've seen no wallet.
Mayor Ferre: All right, Joe, I think you have a good recommendation and
I would go along with that. Could we move along and say take 50% of it
and say we'll approve....
sl 48
MAY 1 1 IgQ ,
Mr. Carollo: I would go along in going with 50% of the amount that we've
discussed here. Half that $566,000 and the following condition: that we
do not have an entrance to the side of the project that is facing Gould's
project unless he pays for whatever it is going to cost to make an entrance
on that side.
Mayor Ferre: Well, be careful when you say entrance. Because an entrance
doesn't cost anything. The edges are concrete pavement.
Mr. Carollo: Well, Maurice, what it will cost is all the construction .'
that we're going to be doing on that side, this is what I'm refering to.
Whatever construction will be going on that side, that we get a fair amount
from Gould, or....
Mayor Ferre: Including the yellow portion?
Mr. Carollo: I'm including that yellow portion in. What I'm saying is
an amount that would be equal to al least half a million dollars.
Mayor Ferre: Now we have a motion. Technically I can't take that as
a motion, unless now there's....
Mr. Carollo: We can make it separately, if you like.
Mayor Ferre: Well, but see, if one passes, then the other doesn't so,
I think we're going to bring to a head Dawkins and Plummer's motion,
I would recommend that we vote against that and then, I don't know how
Demetrio feels on this....
Mr. Perez: That's why I wanted to point out something. I think, Mr.
Mayor, that we don't have enough information now to make a final decision
and I would like to have the opportunity to vote on this issue later today
or maybe in the next Commission meeting. I requested some information from
the Manager's office. I think that Vice Mayor Carollo requested some
information. I am very concerned also about the international flavor of
that project and about some other issues. We don't have enough back up
information for deciding. I would like, I don't know if Commissioner
Dawkins has any inconvenience, but I would like to have the opportunity
to discuss this issue later today, or maybe in the next Commission meeting.
Mr. Plummer: Are you asking to defer?
Mr. Perez: Yes.
Mr. Plummer: I withdraw my second.
Mayor Ferre: All right, at this point, we don't have a motion, and then
I would like to see if we can get this behind us today. So we'll have to
bring this up then later this afternoon. In the meantime, Mr. Manager,
would you answer any questions he may have on this.
Mr. Plummer: I would also ask in the interim time before this vote is
taken, I would like a compelte breakdown of all of the moneys which have
been spent to this day. We've spend a conciderable amount of money. We
have already paid Mr. Noguchi. I would like, Mr. Gary, a complete break-
down up to today as to what has been spent totally.
Mr. Dawkins: Can you get that this afternoon or do we need to defer this
to the next....
Mr. Gary: We can get it this afternoon.
Mayor Ferre: All right, thank you and we'll see you this afternoon.
NOTE FOR THE RECORD: At this point the Administration withdraw Agenda Item "E"
WHEREUPON, THE CITY COMMISSION WENT INTO A BRIEF
RECESS AT: 12:00 P.M., RECONVENING AT @:10 P.M.
WITH ALL MEMBERS OF Tim ram! f'nWTcclnw FOUND TO
it PVYFC TTT.
cog
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MAY 111982
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21. CITY COMMISSION URGES TEL U.S. DEPARTIMUT OF STATE TO KELP OPEN
ITS CONSULATE OFFICES III COLOIrBIA, SOUTH AMERICA, TO PROTECT
STEADY FLOW OF COLOtBIAN TOURISTS, IINVESTORS. AND MERCHANTS TO
THIS CITY.
Mayor Ferre: We have today some distinguished members of the community
of our sister city, Cali, Colombia. I would like to ask my colleague,
J.L. Plummer, who has from the City of Miami's point of view been the
godfather of this relationship between Miami and Cali.. I would like
for him to say a few words. Then I would like to invite our distinguished
guests to come up here to the podium.
Mr. Plummer: Thank you, Mr. Mayor. As you know, Miami has two sister
cities in Colombia: one in Bogota, the other one in Cali. I'm very pleased
that we have a representation here from the other side, from the City of
Cali. We also have the Representative Gary Mafield, who is the president
of the Miami side of the program. Mr. Mayor, I think it is very significant
that the purpose of their visit here in Miami... Cali is a very, in my
estimation, Americanized city. There are some 62 American companies in
the City of Cali. Washington is putting forth, for the reasons given as
economics, of closing these consulates, I assume more than just in Colombia,
but in particular Cali was supposed to close this coming Saturday.Through this
delegation they have an extension, but not really a lot to hang their hat
on. It is also proposed at Barranquilla....
Mayor Ferre: Barranquilla has already been closed.
Mr. Plummer: .... that they will be... it's already been? Well, no it
hasn't been because I was with the consulate Saturday in Cartagena. But
they are proposing that it be wound down. Mr. Mayor, I think that this
City of Miami needs to get involved in support of their plight. I'll tell
you why. Colombia, as I recall from the last statistics that I read,
furnishes more tourists to this Miami City than any of the other South
American countries.
Mayor Ferre: Individually.
Mr. Plummer: Correct. Prior to closing any of these consulates, if you
tried to get a visa to come into the States, you had to stand in a 24-hour
line, four, five, and six days in Bogota, if that's where you were, to
get a visa. It's incredible the lines that were there all night long!
Mr. Mayor, what they are really in effect, this community is going to
hurt from tourists if in fact these consulates are closed down.
Mayor Ferre: I agree.
Mr. Plummer: That means that about half of the people who want to come
down here to Miami to do their shopping and to enjoy the benefits of this
community, are just from a number standpoint, not going to be able to
get visas. I don't know what we, as a Commission, can do.
Mayor Ferre: You can make a motion.
Mr. Plummer: But I think that we need to support these people in their
situation of import/export and people. We need to go as strong as we
can. I have encouraged them to approach the TDC because tourist promotion
and to do whatever humanly possible to keep that office open throughout
Colombia, but of coursd, my interest is to support these people of the
program. Mr. Mayor, we have quite a few here and I know that you have
some certificates to present'to them. I would ask all of them to come
up through the side over here and join with the Commission with the
presentation by the Mayor.
5€J
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MAY 1 1982
Mayor Ferre: J.L., 1 think it would be appropriate for you to make a motion
to the Department of State, to the Secretary and to Mr. Stockman at OMB,
specifically saying that the City of Miami receives over $300 million worth
of direct benefits from Colombian tourism. It receives many other hundreds
of millions of dollars through the sale and purchase of products from that
country and specifically from the Bogota and Cali area. That we will suffer
greatly by the closing of the consulates in four cities in Colombia and that
we respectfully request that as they go around saving money that they go
save money somewhere where it doesn't do so much harm to the economy of the
United States, as this action does....
Mr. Plummer: ....in particular to South Florida. Mr. Mayor, I would offer
that in the form of a motion and with your approval and that of the
Commission, I would also send a copy of that to Mr. Bill Cramer, our
lobbyist, and ask his assistance because he is very well recognized in
Washington.
Mayor Ferre: Is there a second to that?
Mr. Carollo: Second.
Mayor Ferre: All right, and I think that it also ought to be sent to the
Delegation, Madam Clerk, if you would have this resolution sent to the
Congressional Delegation and to our two Senators. I know that Mr. Dante
Fascell was very instrumental in your recent visit and he's very
supportive. As you know, Dante Fascell is a very important person in
the State Department, so I'm sure that we'll get far on that.
Mr. Plummer: Madam Clerk, I assume that this is going to pass, I would
beg upon you that if it is possible that I get a copy of this this after-
noon. They are returning tomorrow and one of the predicates laid by
Washington was for them to meet with the Ambassador in Bogota and that
they could take this resolution of this Commission with them. I think
that it is very important.
Mayor Ferre: Thank you. All right, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-270
A RESOLUTION CALLING UPON THE DEPARTMENT OF STATE OF THE
UNITED STATES OF AMERICA TO KEEP OPEN ITS CONSULATE OFFICES
IN COLOMBIA, SOUTH AMERICA, SINCE ACTION TO THE CONTRARY
WILL SERIOUSLY CURTAIL THE STEADY FLOW OF COLOMBIAN TOURISTS,
INVESTORS, AND MERCHANTS TO THE SOUTH FLORIDA AREA AND IN
PARTICULAR TO THE CITY OF MIAMI WHOSE ECONOMY HAS BEEN
BENEFITED BY OVER 300 MILLION DOLLARS ANNUALLY SPENT BY
COLOMBIAN TOURISTS, INVESTORS AND MERCHANTS.
(Here follows body of resolution, omitted herein and
on file in the Office of the City Clerk).
Upon being seconded by Commissioner Carollo, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
51
MAY 111982
r
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Mr. Plummer: ...(Cont'd)... presented you at your request in December. Mr.
Bob Ashe is President of the dolombio Americana Latin Chamber of Commerce and
Mr. Gary Mofiel is, of course, the president of the tiiami Cali group here in
Miami.
Mayor Ferre: J. L., would you...
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mayor Ferre: Ladies and gentlemen, I'm going to recognize Mr. Guzman
in a moment. I would like to say that the warm relationship that exists between
our Sister City Cali and Miami is one that we are all very proud of. I had
the good fortune of going to Cali for the first time in December and I was
warmly received in that city. Miami is a very important place for the people
of Cali Colombia. And by the way it's a community of close to what, a million
and a half people. So, it is not too, far... it is in size similar to
Metropolitan Dade County and these are people that have very warm relationship
with us. I would like to ask all you to give our associates from Cali a
very warm hand of welcome to our city. Mr. Guzman would like to say
a few words on behalf of his delegation.
Mr. Guzman: Thank you, Mr. Mayor. I happen to be the Chairman of the Executive
Committee in my City, Cali Colombia of the Cali of Miami Sister City Program.
I have been fortunate in my like because I came for the first time to Miami
in 1944 and I remember quite well the airport that we landed and I have seen
this small community to become a metropolis like Miami is. The same thing
happens to Cali I do not... I was not born in Cali I was born in Bogota
and I came to Cali in 1941. At that time it was a little town of eighty
thousand people. Now, forty-one years afterwards it's well over a million and
a half. And Mr. Mayor, we are so grateful with your welcome and your cooperation
in our task with Washington and I'm sure that with this resolution we will
have a terrific weapon to avoid that. And Mr. Mayor, here is a flag and the
flag is the flag of the City of Cali and I am very proud and very honored to
present it to you, because a flag is not just a flag with the color, the
flag is the valley, it's our rivers, it's our agriculture, our industry, but
more than anything else is the warm friendship between Cali and Miami. Thank
you, Mr. Mayor. And I leave you two booklets referred by the Chamber of
Commerce of Cali which is a unique Chamber of Commerce in Latin America
which will give you all the facts about our City. Thank you, Mr. Mayor.
Mayor Ferre: In welcoming your group and in accepting this flag, Mr. Guzman,
may I once again reiterate how very grateful I am to the Miamians and to the
committee, to all of you that work and struggle in making this a meaningful
relationship. I'm grateful to your help and I hope that you will continue
to bring these two cities closer together. And may I, in your names, Mr.
Gary, ask that this flag... we have a Cali flag up there, but I think it's
a small flag and if you would and perhaps we can have somebody put this
larger flag up and then we could keep the smaller flag for other occasions.
22. PRESEITTATIOPTS, PROCLAMATIONS, AND SPECIAL ITEMS.
Commendation:
PRESENTATION
Proclamation:
PRESENTATION
Proclamation:
PRESENTATION
91
To Officer Bruce Beard, as Most Outstanding Officer of
the Month for March, 1982.
Declaring April 2, 1982 as Periodico E1 Expreso Day, on
the occasion of its sixth anniversary. Presented to its
Editor, Mr. Angel Maldonado.
Declaring the week of May 9, 1982 as Youth Week. Presented
to Mr. Joe Namath, Chairman, Youth Activities Committee of
the Miami Elks Lodge No. 948.
52 MAY 111982
Proclamation: Declaring the week of May 10, 1982 as Big Brother -Big Sister
PRESENTATION Appreciation Week. Presented to Mr. Miguel Reyes, Director.
Proclamation: Declaring May 19, 1982 as S.E.R. Cubanos Day. Presented to
PRESENTATION Mr. German Izquierdo► Director.
Commendation: To Mr. Vicente P. Rodriguez, Director of "La Voz de la Ca -
PRESENTATION lle", on the occasion of its first anniversary of publication.
23. B".IEF DIS)CUSSIMI at PRIVATE DONATIONS MADE TO THE "BAYF"ONT
PARR P DLVE-LOPMZIIT PROJECT".
Mr. Plummer: Very quickly, Mr. Mayor, I would like to ask in this time of the
interim between now and when we take back up the Bayfront Park/Noguchi, one
of the things that the Mayor made in his comments, I would ask if humanly
possible be forwarded to all members of the Commission, that there are a
number of people who have been in discussion, who are like ninety-five percent
locked up to make a commitment for the private sector. I have not. I can't
speak for the rest of the Commissioners. I have no knowledge of who these
people are, what they are talking about and I would like to see if possible,
Mr. Gary, some written document of who the people are that the discussions
have been taking place with, what they are interested in and if possible
some area of what they are willing to donate.
Mayor Ferre: Yes. I would have to tell you Mr. Plummer, that unfortunately,
the two or three very key donations that we are talking to, Mr. Gary, is not
aware of, Mr. Roy Kenzie is not even aware of some of them and neither is
Kitty Roedel and I would say that these are very, very major, major philanthropic
entities that are being talked to and we were making major head way that I
think it would absolutely kill our possibilities for those names to be made
public.
Mr. Plummer: well, Mr. Mayor, at least then I would request that anything
be given to me that is known to Mr. Gary and is known to Kitty and to Mr.
Kenzie. I think this Commission should be aware if nothing more than to
demonstrate to this Commission that there has been effort made towards
approaching the private sector which to my knowledge, I have not received
any correspondence.
Mayor Ferre: Well, the three that are fairly well-known, I think... Kitty,
am I going to get in trouble by doing this? Am I going to get in trouble,
Roy?
Mr. Plummer: Well, don't do it then, you can tell.me privately.
Mayor Ferre: I mean, there are three that are fairly well-known that we are
pursuing. One is the Knight Foundation, the other one is Southeast and
Mr. and Mrs. Basset, the third one, of course, is Gould.
Mr. Plummer: Huh?
Mayor Ferre: Gould. Now, beyond that...
Mr. Plummer: That's for discussion?
Mayor Ferre: Yes. Those are the three that I think are fairly well-known.
Now beyond that there are about three other major commitments that are moving
along and that we are just not at liberty to discuss until they... You know
these big foundations don't like things discussed until they have decided.
53
MAY 11 1982
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24. RECEIVE SEALED BIDS IN CONIIECTIOII VITF KOUBE.: SA_ITARY S
IMPROVEI-r-NTS SR-5477 C & S
This being the date and time advertised for receiving sealed bids
for Koubek Sanitary Sewer Improvement SR-5477-C&S, the Mayor announced that
the City Commission was now ready to receive sealed bids:
The following motion was introduced by Commissioner Dawkins who moved
its adoption:
MOTION NO. 82-371
A MOTION TO RECEIVE, OPEN, READ AND REFER TO
THE CITY MANAGER FOR TABULATION AND REPORT BIDS
AUTHORIZED TO BE RECEIVED THIS DATE FOR: KOUBEK
SANITARY SEWER IMPROVEMENT SR-5477-C&S.
Upon being seconded by Commissioner Perez, the motion was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS:
Lanzo Construction Co., Florida
Delta Engineering Contracting Corp.
Goodwin, Inc.
Iacobelli Contracting Inc.
Harry Pepper & Associates, Inc.
D.M.P. Corporation
Roenca Corporation
P.N.M. Corporation
Champagne -Webber, Inc.
Gianetti Bros. Construction Corp.
Martin -Chaney, Inc.
Paul N. Foward Company
25. tiCEIVE SEAL^•.D BIDS IN C0MIECTION WIT'
' YANOP, HIGHWAY I1'IMVSKMITS, PEASE II 2-4473".
This being the date and time advertised for receiving sealed bids
for Manor Highway Improvement Phase II H-4473, the Mayor announced that
the City Commission was now ready to receive sealed bids:
The following motion was introduced by Commissioner Plummer who moved
its adoption:
MOTION NO. 82-372
A MOTION TO RECEIVE, OPEN, READ AND REFER TO
THE CITY MANAGER FOR TABULATION AND REPORT BIDS
AUTHORIZED TO BE RECEIVED THIS DATE FOR: MANOR
HIGHWAY IMPROVEMENT PHASE II H-4473.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
54
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MAY I 1 1982
BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS:
Russell Incorporated
Hardrives Company
P.N.M. Corporation
Williams Paving Co., Inc.
Garcia Allen Construction Co., Inc.
P.J. Constructors, Inc.
D.M.P. Corporation
FRE Construction Co., Inc.
Weekley Asphalt Paving, Inc.
Delgado Paving, Inc.
Marks Brothers Co., Not Inc.
ROB -EL Construction Corp.
Joe Reinertson Equipment Co.
Mayor Ferre: Is there anything else we need to do?
Mr. Gary: No, sir.
26.AUTHORIZE CITY MANAGER TO E=CUTE AGREEMVIT 17ITH 'HIA.'1I 210TOR£POR
INC.'" GRANTING TEE PRIVILEDGE TO CONDUCT AUTOMOBIL$ PACES IN
DOW TTOW11 MIAMI .
Mayor Ferre: Alright, are there any other items on the public hearing that
we have to take up under the law? If not, because...
Mr. Gary: Mr. Mayor, you do have the budget for the Off -Street Parking.
- Mayor Ferre: Yes, I know, but we also have a matter... There is a citizen
here who has gotten out of the hospital just to come down on one item and he
has been here. He had to go back to the hospital and now he is back here
with us and it's that racing thing. Take up Item #45. No, that's not it
sir. Tell me again, now.
Ms. Spillman: 47.
Mayor Ferre: Take up Item 47. This is to authorize the Manager to execute
an agreement with the Miami Motor Sports, Inc. for the staging of an automobile
race in Downtown Miami. Would the member...
Mr. Carollo: Move.
Mayor Ferre: No, I have got some questions on it. Would the member of the...
Who is presenting this, please, Mr. Manager?
Mr. Plummer: This gentleman right here.
Mayor Ferre: We are waiting for the presentation on Item 47.
Mr. Gary: Mr. Mayor?
Mayor Ferre: Yes, sir.
Mr. Gary: I have had Ms. Spillman of my staff working with all of the parties
involved with the motor car race Downtown Miami. At this time I would like
for Ms. Spillman as well as the sponsors of the event to give the presentation.
Mayor Ferre:' Ms. Spillman? Dena, if it will simplify things and get you
moving quicker, I will tell you what my questions are on the record right
away.
Ms. Spillman: Ok.
MAY i9o2
r
Mayor Ferre: Number one, I want to know from the... not from you, but from
the sponsor of this race on the record; that he understands that he does not
have an exclusive right to a car rare in the City of Miami, that if another...
somebody... if Bill France comes dawn ne,e and wants to have a car race in
Coconut Grove, that we are not go -;Sig to stop them from doing that.
Mr. Raphael Sanchez: Yes, I understand that.
Mayor Ferre: Would you state your name and address for the record?
Mr. Raphael Sanchez: Yes, my name is Raphael Sanchez, I'm the President of
Miami Motor Sports.
Mayor Ferre: Alright, Mr. Sanchez, you are telling us that in this contract
it is clearly spelled out that you do not have an exclusive?
Mr. Sanchez: Yes, sir.
Mayor Ferre: And you understand that?
Mr. Sanchez: Yes, sir I do.
Mayor Ferre: Ok, secondly, I want to make sure that this in no... we are
going to spend thirty million dollars or forty million dollars in building
hopefully a harbor place specialty center around Miamarina. I want to make
sure that when that--- if and when that happens and we have harbor place in
Miami called "Bayside", that this race will not interfere with Bayside
Specialty Center.
Ms. Spillman: Mayor, when that happens the race circuit will have to be
changed and that is up to the City Manager's discretion.
Mayor Ferre: That's in this contract?
Ms. Spillman: Yes.
Mayor Ferre: And Mr. Sanchez, on the record, you clearly understand?
Mr. Sanchez: Yes, sir I do.
Mayor Ferre: Ok, the next one is that no harm will come to the Orange Bowl
Parade out of this race. In other words, that this will in no way conflict
with the Orange Bowl Parade.
Ms. Spillman: Mayor, it occurs after the Orange Bowl Parade and in fact the
Orange Bowl Committee is in favor very much of this race.
Mayor Ferre: I just want to get it on the record. Do you understand that
Mr. Sanchez?
Mr. Sanchez: Yes, I do.
Mayor Ferre: Ok, we also are moving along with the -Corps of Engineers and
with Lester Pancoast, hopefully and others to develop the park there. You
are fully aware of the design that is being proposed and you understand that
in... that you are not in anyway going to harm the park?
Mr. Sanchez: Definitely not.
Mayor Ferre: Ok. And if one of those cars overturns and goes into the
.fountain of wrecks one of those monuments there, you realize that your
insurance company is going to have to pay for whatever damages are caused.
Mr. Sanchez: Yes, we understand that.
Mayor Ferre: And lastly,... no I got three other things. Gould is building
a major hotel and I'm not worried about the hotel as much as I am about the
apartment complex. In other words, the theory... when I asked you why not
Coconut Grove, your answer is, "These races should not be held in residential
parts of town". Now, since Gould is building a residential complex there
and we will have, hopefully in Downtown soon several thousand people living
along this race track, that I would hope and since we can't go to anybody
19
91 MAY 11 82
else, because nobody else is building apartments in Downtown other than Gould
at this time, that at least one property owner that's putting hundreds of
millions of dollars worth of apartments that will belong to citizens of Miami
has been... that they have no major problems in having this race. Dena?
Ms. Spillman: We have held discussions with the hotel people and they are
very much in favor of this race obviously. I don't believe the apartments...
Mayor Ferre: Does that include the Colombus Hotel and the other.... Boulevard
hotels, Everglades?
Ms. Spillman: Alright, there is two aspects to this. We talked to the Trust
House Forte people particularly and it is my understanding that the Downtown
Hotel Association has voted in favor of this event.
Mayor Ferre: Fine, I just want to make sure that the apartment dwellers...
I see the merchants are represented here.... I see Emilio Calleja here and
I know that they are all for it. I want to make sure that the residential...
the people who are going to live in these apartments is represented by the
owner at this time is also ok. Would you before signing this make sure that
we don't have any problems.
Mr. Plummer: Well, Emilio being here... Dena, this as I recall goes on Northeast
4th Street. That is one of the streets that is projected to be used. Have
you or this gentleman... when I spoke to you a month ago I told you to go
talk to everyone of those merchants. Now, one in particular, Morris Aabiuowitz
you know as this thing goes... Have you been to speak with !ir. Rabino,74-t:.
Mr. Sanchez: No, we have decided since that... since our conversation we
have decided not to use Northeast 4th or Northeast 2nd Avenue.
Ms. Spillman: Commissioner, that alternate will not be used in the race.
Mr. Plummer: Ok, so, may I see the new alternate?
Ms. Spillman: Well, it's shown on your exhibit as an alternate and that it's...
Mayor Ferre: Ok, well I will tell you what while you are flipping through
that let me get through... because I just want to get these things on the
record. Now, you understand, Mr. Sanchez that before we have final sign off
on this that the residential portion of Downtown... I don't think there is
any problem, but I just want to make you aware of it.
Mr. Sanchez: Yes, sir.
Mayor Ferre: Then there is... in page two there is reference to Bayfront
Auditorium and the F.E.C. park property. Now, I can't tell you what the
F.E.C. park property is going to be. It may end up being a coliseum, it
may end up being a cultural center, it may end up being a Maritime Museum.
You understand that, that takes precedence over any of this.
Mr. Sanchez: Definitely.
Mayor Ferre: And that Bayfront Auditorium or any of our improvements along
the Bay front are not going to be held up because you happen to have a
contract for a race.
Mr. Sanchez: That's right.
Mayor Ferre: Alright, then on page 4, in paragraph 4, I would like to have
the words added, Mr. Manager, where it says "Reflections and the New World
Marina for Miamarina, asignee or surviving lessee". It may not be Restaurant
Associates, it may be somebody else. And it may not be Miamarina, it may
be another restaurant. And then in the end of that paragraph, "and we will
provide access to clients of both facilities at all times during the event
or access for any future expansion of a specialty center to be built in that
general area". Now, on page 5, I see that the rental schedule is from zero
to one million dollars is ten percent and then it goes up from that. I know
that, that is higher than the standard, but I want you to put it on the
record. Dena Spillman, is that higher than the industry standards?
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MAY 1 1 1982
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Ms. Spillman: Mayor, let me just tell you what's going on in other cities
so it will be very clear.
Mayor Ferret Just answer me "yes" or "no", please.
Ms. Spillman: Yes.
Mayor Ferre: it is higher?
Ms. Spillman: Yes.
Mayor Ferre: You checked it out,...
Ms. Spillman: Yes.
Mayor Ferre: ... and it is higher than in other cities that are doing the
same thing?
Ms. Spillman: Yes, sir.
Mayor Ferre: Alright, do you agree with that, Mr. Sanchez?
Ms. Sanchez: Yes, sir.
Mayor Ferre: Mr. Manager, our right to audit in your opinion is very clear.
We have the right to come and audit these figures any time and they have to
have a recognized C.P.A. doing the audit.
Mr. Gary: Yes.
Mayor Ferre: Now, on page 8, Mr. Sanchez, upon the expiration of the term
of, this agreement or any extension and so on, you need to go out and get
permissions from and licenses from other State and Governmental bodies like
the Corps of Eneineer.I would like to add a section, Mr. Clark, in that
paragraph where there is a tine limit. Let me tell you what I mean by that.
I think if they cannot get a permit to do this from the U. S. Corps of
Engineers within a year or a two year period, I think that this contract has
got to be null and void. You can't leave that open ended. I don't think
you have any problems with that. Do you, Mr. Sanchez?
Mr. Sanchez: I don't. I don't. No.
Mayor Ferre: What would be a reasonable time? A year?
Mr. Sanchez: I would say a year is reasonable.
Mayor Ferre: Is that acceptable to you? Now, you know, a year and a half?
Tell me what...
Ms. Sanchez: Make it two years.
Mr. Plummer% Well, wait a minute, let me ask a question. Are you still
contemplating the race in February?
Mr. Sanchez: Yes, sir. We are scheduled now...
Mayor Ferre: Suppose they don't get the permit by February and then they
say, ok, we will do it for next year and suppose this goes on now for three
years and they keep coming back here and say "well, you know, we are trying
but we can't get the permit yet".
Mr. Plummer: But this is non-exclusive.
Mayor Ferre: Yes, but I think it's got to have a... it has to be finite.
In other words, if they can't get the permits in two years then it's finished.
Two years?
Mr. Sanchez: Agreed.
Mayor Ferre: In page 11, there is a section that says "licensee shall give
City written notice of at least six months prior to the time the F.E.C. park
t property, Bayfront and so on are required by the licensee for either race
}
supported events or race associated events". Now, we have got parking in the
MAY 11 1982
gl
5'
Z
F.E.C. Property coming up. I want to make sure that we don't end up having a
conflict between the race and some of the entities in government.
Ms. Spillman: Mayor, we have met with Roger Carlton and we are currently
negotiating with him for the use of that parking. It is obviously under
the control of the Off -Street Parking Authority.
Mayor Ferre: Ok. Mr. Sanchez, on the record you don't have any problems with...
you recognize that we have other governmental activities going on such as
parking.
Mr. Sanchez: Yes, Mr. Mayor.
Mayor Ferre: Ok. Now, the question of the bond, let me tell you what my
concern is with the bond. You get your permits, we start going along for the
race and thirty days before or five days before your bonding company decides
to pull out on a technicality or you don't have a bond thirty days before
but you say "well, we are going to have in two weeks" and then we get down to
the race and we don't have a bond. Then there is a race and somebody has a
major accident and the City is sued for ten million dollars or some crazy thing
and... So, I think it has to be very clear that you must have in place an
irrevocable bond, that's the word that I want in here. It must be irrevocable
one month before the race.
Mr. Sanchez: Well, in addition to the bond we will be insured and we will
have the City name as co-insured with a thirty provision that any cancellations
or anything like that the City will be notified.
Mayor Ferre: Do you have any problems with putting in the word "irrevocable
bond"?
Mr. Sanchez: Legally I don't know what the... how it affects us, but I would
say we have no problem with that.
Mr. Clark: Mayor, if you look on page 3, paragraph 3, with this thirty day
non -cancellation, we can also add the sentence that they are to have the
insurance enforced on the day of the race will void...
Mayor Ferre: Bob, I don't care how you do it. I don't want to be overly
protective, but on the other hand I want to make sure that the City is totally
protected. I have no other... I think those are all... Oh, yes, there is
one other thing about... in page 4, paragraph 3. Ok, I don't know who Tom
Bacio is, he has got a push cart operation to sell hot dogs, Now,
I don't want Tom Baccio, whoever he is, to all of the sudden end up
controlling your race...
Mr. Sanchez: That's right.
Mayor Ferre: ... and saying that, you know, unless you deal with him and
cut him in for ten percent and he wants three hundred thousand dollars he
won't let you sell any beer or anything on the premise.
Mr. Sanchez: And that was our concern also.
Mr. Plummer: Where are you?
Mayor Ferre: Page 4, paragraph 3. "The licensee recognizes that there is
in full force and effect a concession agreement with Tom Bacio for a
push cart operation to sell hot dogs and cokes.
Mr. Gary: Mr. Mayor, we have a binding agreement with him just like we have
with the Restaurant Associates and other lessees of the City and we cannot
violate that contract. So, he does have a right for that push cart operation
during that time. It's just does not prohibit him from selling at that
time. It's not to give him exclusive right.
Mr. Plummer: When did we enter into that agreement?
Mr. Gary: When you gave it to all the other parks. Remember we did it for
Kennedy...
Mayor Ferre: Long time ago.
59
gl MAY 1 1 1982
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Mr. Gary: ... a long time ago, Kennedy Park and that park.
Mayor Ferre: That's going to come up for discussion in a little while with
the lady that has a long Russian name and it has... and it deals with the
same subject about push cart operations. The question that I have on this
is that t don't want to end up having the tail wagging the dog. Now, Dena
on the record it is... Dena?
Ms. Spillman: Yes, sir.
Mayor Ferre: It is your understanding that this Tom Baccio push cart
hot dog operation is not going to end up interfering, he does not have an
exclusive. Is that right?
Ms. Spillman: My understanding of the lease is that he is allowed three or
four push carts in Bayfront Park which would be the same.for the weekend of the
race. He would be allowed to have four push carts...
Mayor Ferre: But not exclusively. He cannot...
Mr. Gary: He does not have an exclusive.
Ms. Spillman: No, sir.
Mr. Gary: It's just not to prohibit him.
Mayor Ferre: Thank you, sir. I have no further questions.
Mr. Plummer: Well, let me ask about the beer.
Ms. Spillman: Commissioner Plummer, let me explain this. It is very critical
for an event of this nature for the City to allow the sale of beer and wine
in the park. It's against the Code, I believe and Mr. Clark can correct me
on that. What we will be coming back to you with is an ordinance which will
change the Code to allow the Commission to allow the sale of beer and wine
in all City parks for particular extraordinary events.
Mr. Plummer: But who gets the revenue?
Ms. Spillman: All concession revenue... the right to all concessions under
this agreement goes to the promoter...
Mr. Gary: We get a percentage of it.
Ms. Spillman: ... and we get a percentage of all revenues. The Police and
Fire is on page B, paragraph 4. The City is not spending any money on this
race whatsoever.
Mr. Plummer: Alright, let me ask you this. Is there in fact anywhere written
into this agreement a minimum guarantee to the City?
Mayor Ferre: No, that can't be J. L.
Mr. Gary: No. It's not going to make any money.
Mr. Plummer: Ok.
Mayor Ferre: Are you ready?
Mr. Plummer: Move it.
Mayor Ferre: Is there a second?
Mr. Perez: I second.
Mayor Ferre: Moved by Plummer, seconded by Perez, further discussion, call
the roll.
gl
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V
MAY 111982
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The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-373
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN EL
AGREEMENT IN SUBSTANTIALLY THE FORM AS ATTACHED HERETO
WITH MIAMI MOTORSPORTS, INC. GRANTING THE LICENSE AND
PRIVILEGE TO CONDUCT AUTO RACES IN DOWNTOWN MIAMI FOR A
PERIOD OF FIVE YEARS WITH TWO ADDITIONAL OPTIONS TO EXTEND
THE SAME FOR A TOTAL PERIOD OF FIFTEEN YEARS.
(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.
FIRST RZADING ORDI'NXICE: APPROVE APP^.OP'_ IATI0N FOR FY G2-v3
FOR =rDEPARTYLIT OF OFF-STREDT PAMMIG.
Mayor Ferret Does anybody have any problems with Item #2 and #3? These
are the Off -Street Parking Authority's... Anybody have any problems with
Items 2 and 3 in this public hearing? _ Do any members of the public want
to speak on Item 2 and 37 Are there any questions from members of the Commission
on Items 2 and 3? Alright, is there a motion on Item 2?
Mr. Carollo: Move.
Mayor Ferret It's been moved, is there a second?
Mr. Plummer: Second.
Mayor Ferret Alright, it's been moved and seconded, under discussion let
me just Roy, just say how very pleased I am at the exceptional professional
work that you are doing. And I think you are doing a hell of a job and I
just want to tell you how... and I'm sure I speak for everybody in the City,
how impressed I am as to how well you are doing. I think you are moving
awfully quick. I hope you are not moving too quick. To go from a two and
a half million dollar budget to a six million dollar budget in two years
is a big jump. Now, I assume that all of that is because of garage 6. Is
that what 6 is?
Mr. Roy Kenzie: The World Trade Center is (COMMENT INAUDIBLE)... that's the
major part of the... (INAUDIBLE).
Mr. Gary: World Trade Center.
Mayor Ferret Is that in the next year's budget?
Mr. Kenzie: Yes, sir.
Mayor Ferret Ok. It's been moved and seconded, further discussion, read the
ordinance on Item 2. Call the roll.
gl MAY i 1 W"
C 0
AN ORDINANCE ENTITLED -
AN ORDINANCE APPROVING APPROPRIATIONS FOR THE FISCAL YEAR
COMMENCING OCTOBER 1, 1982 AND ENDING SEPTEMBER 30,1983 BY
THE DEPARTMENT OF OFF-STREET PARKING; CONTAINING A
SEVERABILITY CLAUSE AND REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH.
Was introduced by Commissioner Carollo and seconded by Commissioner Plummer
and passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner 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.
2£. APPROVE C"ITMIDITURaS .=QUEZED 3Y THE DEPARTI' NT OF OFF-STREET
PARKIITG FOR THE OPERATIONI/11ADITEPAI10E OF "GUSYAN I'.ALL P11D ru
OLYMA BUILDENG" FO.^. FY- 32-33.
Mayor Ferre: Now, on Item 3, I want to tell you that I did not get the back up
material. I got the letter, but how can we vote on approving your... Well,
this is on first reading. I will trust you to do it on first reading, but
would you give me what I'm voting on for second reading. I don't know about
the rest of you, but I didn't get anything.
Mr. Carollo: I didn't either for first reading.
Mayor Ferre: On first reading, is there a motion?
Mr. Carollo: Move.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Alright, it's been moved and seconded, read the ordinance.
Further discussion, call the roll on first reading.
AN ORDINANCE ENTITLED -
AN ORDINANCE APPROVING EXPENDITURES REQUIRED BY THE
DEPARTMENT OF OFF-STREET PARKING FOR THE OPERATION AND
MAINTENANCE OF GUSMAN HALL AND THE OLYMPIA BUILDING OF THE
CITY OF MIAMI FOR THE FISCAL YEAR COMMENCING OCTOBER 1,
1982 AND EIMING SEPTEMBER 30, 1983; AND ALSO APPROVING THE
ENUMERATED SOURCES OF REVENUE FROM SAID OPERATION;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner Perez
and passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
�i2
gl MAY 11 1982
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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.
29. CO11FIR,*1 OItDLP.IIIG RESOLUTIO'tI 02-256: AUTiiORIZI17G CLEM'% TO
ADVERTISE FOR SEALED BIDS FOR COIISTRUCTIO:I OF BUE:IA VISTA
EIG11YAY IITROVEIM!TTS-PKASZ I (DISTRICT E-4475)
Mayor Ferre: Take up Item 5. This is the Resolution No. 82-256 for the
Buena Vista Home Improvement Phase I. Is there anybody here in the... who
wishes to speak about that. Yes, Ma'am, please step forward. We have got
some objectors that are here on that. Ma'am would you use... no, I guess...
No, that's fine, use that microphone.
UNIDENTIFIED SPEAKER: Mr. Mayor, I have a letter to submit to each of the
Commissioners. I believe Mr. Steward has submitted one to you.
Mayor Ferre: While you pass it around, I will read it into the record.
(AT THIS TIMETHE MAYOR READS INTO THE RECORD A LETTER FROM FREDRICK STEWARD).
Now, Ms. Spillman, would you please respond to the request of Mr. Steward and
then we will hear from the Chairman.
Ms. Spillman: This is an issue that goes beyond the Buena Vista neighborhood
Mayor. We have had comments from Model Cities, Allapattah as well on this
and let me explain to you what has occurred. During the first years of the
Community Development Program we had a lot more money than we have now and
the way we did street improvements was to use seventy-five percent highway
bond funds and twenty-five percent CD money in our target neighborhoods. As
a result none of the adjacent property owners were assessed for any of the
cost.
Mayor Ferre: Is that how we did Coconut Grove?
Ms. Spillman: The City of Miami... yes, it is how we did Coconut Grove.
We did Allapattah, Edison and Model City. Now, what happened this last year
during the planning process this issue was discussed with all the neighborhoods.
They were clearly informed that the City could no longer afford to fully fund
street improvements and this issue was brought before you at our community
development public hearing and if you recall there was no neighborhood problem at
that time. It's an unfortunate situation. We can no longer afford to pay
for all these.street improvements. I might make two comments and Vince, I'm
sure will correct me if I'm wrong. The twenty-five percent assessment is
assessed over a rather long period of time and the monthly payment is very
low.
Mayor Ferre: (NOT USING THE MIKE, INAUDIBLE).
Mr. Grimm: Ten years at five percent.
Mayor Ferre: Ten years at five percent.
Ms. Spillman: And there is a procedure in the City where a person or a family
who is a hardship case or situation can obtain a waiver from the City Commission.
Mr. Dawkins: May I ask you a question, Dena?
Ms. Spillman: Certainly.
Mr. Dawkins: When the seventy-five percent, twenty-five percent split was
initiated did the area residents agree to this?
gl `3
MAY 1 11982
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Ms. Spillman: Commissioner, I... let Vince answer, I wasn't here then.
Mr. Grimm: Commissioner, the twenty-five, seventy-five percent split is a
Charter Change, prior to that time one hundred percent of the cost was assessed
against abutting property owners. So, that reduction was made...
Mr. Dawkins: So, when the Charter change went into effect, then you have to
got back and get another Charter change not to do it.
Mayor Ferre: Well, we already did that.
Mr. Grimm: I think your question... the decision, let's say to use CD funds
for the payment of that portion which would be assessed was a decision made
by the City Commission.
Mayor Ferre: Yes, let me go over the history. Plummer, you help me on this
because... J. L.? You remember in the old days around here, every time we
had one of these sewer improvements or sidewalk improvements this room would
fill up with people from Silver Bluff or the affected area all complaining and
opposed to any of these sewer projects. They said we are happy with our
septic tanks, we are happy with our sidewalks. We don't want sidewalks. We
don't want any improvements. We are happy with what we have. And I don't
remember an occasion when we didn't vote for these programs and moved. Then
we got into the CD funds that came down from Washington and we agreed to
utilize CD funds to pay... and that was a decision that some of the CD areas
voted and some got. For example, let me give you an example. The people in
Little Havana got virtually none. Why? Because the CD Committees in Little
Havana didn't want water, sewer and sidewalk improvements, but in area like
Coconut Grove and in other areas, target areas where the people there put that
as a priority item, they then used their CD funds for those particular projects
and so as a consequence of that we made a lot of head way and a lot of people
got their sidewalks and their sewers and what have you without spending any
money. Now, that money has run out, because as you know the Federal Government
is reducing from twelve million dollars to nine million dollars this year the
amount of monies that we have and so what we are cutting out, unless this
Commission decides otherwise, is the physical asset projects such as sidewalk
improvements, street improvements and sewer improvements. Now, we are going
back to the old system. Not the old system. The old system was that the
people who had their properties improved paid a hundred percent of it. Now,
we are going back to a system that the former Commission approved that it
was a seventy-five, twenty-five split, where the citizens would pay twenty-five
percent rather than a hundred percent like in the old days and it would be
paid for over a ten year period at five percent interest. Now, I just don't
see that there is any other way to do it. If you have an idea, I would be
welcome...
Mr. Dawkins: Ok, two things. Number one, when areas like--- and I'm repeating
after you--- like Little Havana decided that they did not want to put their
funds into... their CD funds into road improvements, were these amount of
funds transferred to areas that did want it or was that amount of money given
over to other things in that area?
Ms. Spillman: Other projects in that area.
Mr. Dawkins: Ok, so therefore, whatever monies were allocated from the CD
funds for the area of Little Havana were used.
Mayor Ferre: Yes, absolutely.
Mr. Dawkins: Ok. Now, whether they wanted streets or not they were used.
Right? Now, my only problem with this is and I'm not going on the Mayor, but
the money never runs out until it get to my area, then when it gets to my area...
hold on, now don't tell me... there is a lady there behind you, why didn't you
start in her area? Why didn't you start in the Buena Vista area and come out
and then run out on the edges?
Ms. Spillman: Can I explain that in Allapattah 2.4 million dollars was used
for streets, in Edison, which is Mrs. Graham's neighborhood 2.1 million dollars
were used...
Mr. Dawkins: Wait, now, two point what, now?
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MAY 111982
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Ms. Spillman: 2.1 and in Model City we had... excuse me, Betty.
Mr. Dawkins: Ok, wait until she finish and I...
Ms. Spillman: In Model City 2.1. I mean, we have done major street improvements
in Edisbn Little River and Model Cities.
Mr. Dawkins: Well, the only reason I'm concerned is that I'm been bit by this.
With the Model Cities funds, they went out there, they put in sewers everywhere
in Model Cities with Federal dollars and I had to put the sewer in with my
dollars. So, go right ahead Mrs. Hawkins.
Ms. Hawkins: Mr. Mayor and other Commissioners, since we are talking about
history. In September 16, 1979 you, Ms. Spillman and Rose Gordon met with
the residents of Buena Vista and promised us that our streets would be redone
with community development funds. 2.1 million has been allocated, but only
six hundred thousand dollars has been used.
Mr. Dawkins: Repeat that.
Ms. Hawkins: 2.1 million has been allocated, but only six hundred thousand
dollars...
Mr. Dawkins: When was the 2.6 allocated?
Ms. Hawkins: In 1975 when they first came into Buena Vista with the great
neighborhood program.
Mr. Dawkins: 2.6 million dollars was allocated to improve the streets in
Buena Vista?
Ms. Hawkins: I begged...
Mr. Dawkins: I mean, is that what you are saying?
Ms. Hawkins: That's what I'm saying and I have documents in the car.
Mr. Dawkins: Dena, ok.
Ms. Spillman: All the funding that was allocated is being spent in the
neighborhood Commissioner.
Mr. Dawkins: No, no, no, answer my question. In 1975, was 2.6 million
dollars allocated for the expressed purpose of the doing the streets that
she just said?
Ms. Spillman: Commissioner, that amount was 2.1 million and it was allocated
over a period of several years, it was not a total.
Mr. Dawkins: But it was 2.1 million dollars.
Ms. Spillman: Total.
Mr. Dawkins: Now, did we spend the 2.1 million in that area?
Ms. Spillman: It has either been spent or...
Mr. Dawkins: In that area?
Ms. Spillman: ... it is being constructed in that area. Yes, sir.
Mr. Dawkins: Well, why do they have to pay for more now?
Ms. Spillman: Because all the streets in the neighborhood have not been
completed and we ran out of Federal money. I mean, that's what happened.
Mayor Ferre: I don't mean to hurt my Republican friends in anyway, but you
voted for him, so...
Mr. Dawkins: That's right, I don't deserve it. I didn't vote for him.
Mayor Ferre: Well, I didn't either. Ok, and that's the way it is.
91 � MAY 11 1982
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Mr. Plummer: Well, Mr. Mayor, there was one other factor that has to be
taken and I think needs to be recalled to memory and that is that one of
the things that this Commission was experiencing was, if you will recall, in
the Model Cities program. There were some eight million dollars worth of
centerline sewers that were put into place under Federal funding of Model
Cities. It was brought to this Commission's attention some year after all of
that had been put into place and declared operational. There were only seven
people that were hooked up to it. And that I think is one of the very reasons
that this Commission was prompted to allocate some of these monies to try to
get some of these people hooked up to that which was already existing, but
sitting there and not being used.
Mayor Ferre: Alright.
Mr. Plummer: I think that needs to be remembered as one of the reasons.
Mayor Ferre: Alright, sir.
Mr. Willie Mitchell: Yes, my name is Willie Mitchell and I'm here in behalf
of the ACORN group are in the same essence with the people from the Buena Vista
area about the street improvement programs. I was slated for an earlier time
with the Commission this morning, but as of this afternoon we had not been
called. So, I'm trying to take this opportunity now to instill my prognosis
here of what has been happening with the area of the street improvements for
the Manor Park area. Manor Park and Buena Vista both are neighboring areas
in the same general area, same neighborhood. Now, these CD funds that were
allocated before... well, right now they are saying that we can't get them
anymore because you know other problems have come up. These monies have been
spent for other needs, but now out of the monies that were allocated for CD
funds back in 1979, they are saying something like twenty-five percent of the
money is going to be allocated from the taxpayers for the street improvements
in the Manor Park area. Now, Manor Park and Buena Vista are abutting neighborhoods
almost in general and what we want to do is to not have to pay this money
because so far everyone else within the City of Miami where this work has
been done and completed they have not paid, not one red cent.
Mayor Ferre: No, that's not so Mr. Mitchell. That's not so. I would say the
majority of the people of Miami that have had this service are paying a
hundred percent. In the last three or four years since we got CD funds we
stop charging people. But five years ago and ten years ago and all these
years in the past it was a hundred percent paid by the property owners.
Mr. Mitchell: I have a letter. May I pass this letter out to each one o-f
you?
Mayor Ferre: Yes, sir, Mr. Mitchell. Yes, sir.
Mayor Ferre: Alright, for the record this is a letter from Mr. Willie Calhoun,
Model City Advisory Board, Chairman, May 10, 1982 and that goes along with the
April 21st letter from Acorn represented by Mr. Willie Mitchell. Ok. Go
ahead Mr. Mitchell, anything else you want to tell us?
Mr. Mitchell: This letter is stating the fact that the Model Cities Community
Board is in support of the incoming group in behalf of the Model City area
which would be the Manor Park area, plus Buena Vista also. Now, if at all
possible, we would like the City Commission to at least maybe come up with
an alternative plan, because you see, it's almost asinine to have the taxpayers
pay for something when they really don't have to. Because it has been to our
understanding that the monies that had been allocated for the CD Board, you
know, for the CD Board grant, for the block grant are now being used in other
means. And that's... well, in essence to whatever project that the City sees
fit to use the money. Now, we are hoping that the Commission will come up
with some other alternative as to what could be done to help these people in
these areas, because some other alternative source of funding may be future
monies for the CD block grqnt could be allocated over a period of time or a
period of years.
Mayor Ferre; Mr. Mitchell, you and I both know that the way things are going
in Washington there ain't going to be no more CD block grants. It's all over.
Mr. Mitchell: Well, has that been proven or has it...
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MAY 11 1982
Mayor Ferre: Oh, yes. Oh, yes. You know what's happening... read the papers...
everyday front page, the budget is being cut and cut and cut, there isn't going
to be anymore CD that's all over with. I got to you, you know, this Country
is ten percent unemployment and things are... you know, we have got a lot of
problems and there is no money in Washington.
Ms. Hawkins: Mr. Mayor, excuse me, I hate to interrupt with Mr. Mitchell, but
I would like for you and the Commissioners to give me something on the letter
that we submitted. I know our issue coincide. However, in the Buena Vista
area the City of Miami has a rehabilitative loan program that residents in that
area are already paying a certain amount of money for the loan, plus they are
paying taxes. The residents... and if you would let some of them stand up,
they are old people. They really can't afford to pay all of that.
Mayor Ferre: I agree.
Ms. Hawkins: Would you stand up please, the residents that are here in
Buena Vista. And the purpose of the street improvement according to the
City at that time was because of the fact that they were initiating the loan
program. Now, to me that seems like double jeopardy.
Mayor Ferre: Alright, Ms. Spillman would you...
Ms. Spillman: Let me just comment on the rehabilitation loan program is a
very low interest program. The payments are very low and in hardship cases
with the elderly and people on fixed incomes we have a grant program. So,
you will find that most of the elderly people are not paying loans back.
It's younger people who are working. Just as a general comment. I think the
situation we find ourselves in as we have chosen to feed people as we discussed
three months ago at length and to put a roof over their head as being the
priorities that are ahead of street improvements at this time and that's
what it really boils down to. We are providing basic services. We can no
longer provide these additional services which are nice, but not essential to
people's health and well being.
Mayor Ferre: Alright, questions from members of the Commission and then let's
see where we are going. Any questions? Alright, what's the will of this
Commission? Everybody wants to go to heaven, nobody wants to die.
Mr. David Williams: Pardon me, Air. Mayor?
Mayor Ferre: Yes, sir?
Mr. David Williams: My name is David Williams, I'm also a member of the ACORN
organization.
Mayor Ferre: Yes, sir, Mr. Williams.
Mr. Williams: Mr. Mayor, before any decision is made on this particular item
I would like to state that, first of all, we are dealing with a problem of
less than four hundred thousand dollars for the Allapattah area and I would
like for the Commission to take into consideration a thirty day study of this
particular program before any definite decision...
Mayor Ferre: Well, what would be the purpose of the study?
Mr. Williams: To go back into the City budget and to review other programs
that have perhaps been cancelled that were once financed, to say, street
improvement programs that were once put into effect by Dade County. Well,
the City of Miami, and then once cancelled. Then, again, there were other
areas that we might explore such as those areas in the City of Miami where
this work has been completed. What I'm trying to get around to you is the
fact of the four hundred thousand dollar deficit being spread out over the
entire municipality of the City of Miami those persons who have benefited
from these improvements and are still to benefit from them and there are a
lot of ways we can go with this, is what I'm sayincj.
Mr. Dawkins: The only problem I have with that is, you say four hundred
thousand dollars, but that's four hundred thousand dollars in that area.
Mr. Williams: In our area, yes.
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MAY I 1 Igor.
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Mr. Dawkins: Then we got an area here, then we got another spill over and
another area and the domino affect is the thing that's killing us.. See
we don't mind doing it here, but somewhere along the lines, you know, where
domino, domino, see.
Mayor Ferre: See, and there are a lot of neighborhoods in Miami over the last
couple of decades that have paid for their improvements and what do we tell
those people?
Mr. Williams: Well, I'm not going to concern myself with that, you know, as
much as I would like to.
Mr. Plummer: You better, because we have to.
Mr. Williams: And I don't think you will blame me for that. I'm the one
who will have to pay the taxes there. But...
Mr. Plummer: Yes, but we have got to listen to those people and you won't
be around here, you know.
Mr. Williams: Right. I hope you hear me too, now, ok? But the thing is
these above the ground sewers... to... in this thirty day period that I'm
asking you for, I think you should come out again and see just what type of
improvements they are installing.
Mr. Dawkins: Ms. Spillman, how much... how many more areas... I mean, just
off the top of your head, do you think would come in to ask us to use more
CD funds for this? Just off the top of your head.
Ms. Spillman: Five.
Mr. Dawkins: Five?
Mr. Williams: Does that five include the phase II of the Manor Park?
Ms. Spillman: No, I'm talking about different neighborhoods. Model Cities,
Allapattah, Coconut Grove, Edison...
Mayor Ferre: Now, how about areas that don't have CD funds that we are making
improvements on?
Ms. Spillman: Right, who have never gotten...
Mayor Ferre: They have got to pay period.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Yes, sir. Let's go Vince, we have got to move.
Mr. Grimm: Mr. Mayor, I would like to call your attention to page 2 of your
exhibit and to show you what I think is one of the best buys that taxpayers
get.
Mayor Ferre: Go ahead.
Mr. Grimm: If you will look you will see that the total cost of the Buena
Vista Highway Improvement is one million seven hundred thousand dollars.
We are asking that the property share to the total amount of two hundred
seventy-two thousand of this or about one seventh. You will also see that
the total estimated cost per front foot is eight dollars and eighty cents.
An average fifty foot lot would be less than four hundred fifty dollars...
Mayor Ferre: Over a ten year period.
Mr. Grimm: Spread over ten years is less than fifty bucks a year with interest.
Mr. Dawkins: But when you are on a fixed income that means a hell of a lot.
Mr. Grimm: Your alternatives, Commissioner...
Mr. Dawkins: Ok, I... can we do this? Would the people be amenable to us
splitting it half... the cost half?
gl MAY 1 119102
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Mr. Grimm: You cannot do that Commissioner.
Mr. Dawkins: Giving half to these and half to the...
Mr. Grimm: I'm afraid you cannot... you can only reduce the assessment based
on benefits.
Ms. Spillman: Mayor, let me add something, that if you determine today that
you are going to use CD money for streets, then you have to cut social service
programs.
Mayor Ferre: I understand.
Ms. Spillman: Because that's the only place...
Mayor Ferre: You can't have both. We don't have enough money for both.
Alright, I will tell you, my position... if it takes somebody to break the
ice here, I got to tell you that as much as I would like to help, the fact
is if we are going to be getting a seven to one ratio here, which is the
best we have ever had, and I think we just need to move along. I would like -
to help, but I think that we have got social programs and other things that
take precedence over building these... and as it is we are tight, we are tight
all the way around.
Ms. Hawkins: Excuse me, Mr. Mayor, since you are going to move along, may
I please ask that you consider Item #2, that no streets in our area, in the
Buena Vista area be improved until the residents can decide... just leave
them as they are.
Mayor Ferre: You see, that's... I have been hearing this now since 1967 when
I was first elected on the City of Miami Commission. Every time we are going
to improve a neighborhood people who... if they have to pay, they all come
in here, White and Black, it doesn't matter what color skin you have and they
say "look, just leave us alone, would you. Go fix somebody else's neighborhood
up and we don't want any street improvements and we don't want any sewer
improvements and we don't want any water drainage." But the first time it
rains, you know, fifty of them call up here complaining about the puddles in
front of their homes.
Ms. Hawkins: Well, they have already fixed half of our neighborhood and those
people did not pay, that we are only talking about a few streets and we are
saying if you didn't think those streets were important to be paved then,
just leave them alone. That's not fair to the other residents who have not
paid and the ones now are going to have to pay. Is it fair to them?
Mayor Ferre: Alright, look, look, we have been through this now time and
time again, and I... it's always a tough one to do, but we just got to do
it. Now, if somebody has a different feeling... whatever the majority of
this Commission wants to do is what we want to do. So let's move on. What's
the will of this Commission? One way or the other, let's go. Make your
motions.
Mr. Plummer: Well, Mr. Mayor, look, this today is not the final action. This
is to advertise for bids in which we will get a final figure. Alright, and
I think we have got to go and we have got to proceed. We can take a second
look at this at the time we receive the bids, if we wish. If we don't bid
we will never know what kind of a figure we are coming out with..
Mayor Ferre: Does that mean you are going to move it, Plummer?
Mr. Plummer: How do you know what I'm going to do when you haven't listened?
Mayor Ferre: Are you going to move it, Plummer?
Mr. Plummer: Yes.
Mayor Ferre: Alright, is there a second?
Mr. Dawkins: Moving it how, Plummer?
Mr. Plummer: I'm moving it as it states on the agenda to advertise for bids.
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MAY I 1 19$r.
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Mr. Dawkins: Right.
Mr. Plummer: Ok? We will then get the bids, we will find out what it will cost
to each homeowner involved, ok? In the interim what I would like to do if
it is possible... Well, I'm out of order, I haven't got a second, so I can't...
Mr. Dawkins: Second.
Mr. Plummer: Ok, what I would like to see done is to reinstigate through
the City Attorney a policy, Mr. City Attorney, that we worked on before, before
suddenly these CD funds became available, that if in fact people cannot
afford it, that they not be forced to pay, but that a lien be put against the
house and at the time that the house is sold the City will be reimbursed.
Mayor Ferre: Hey, that's the solution to it and you know what that means.
Ms Hawkins: Will the lien have interest on it?
Mr. Plummer: Sure it will. It has to.
Mr. Dawkins: Well, when the person die then whoever gets the house can pay
it, don't worry about it.
Mayor Ferre: Five percent. Ok?
Ms. Hawkins: Thank you, very much, I will remember all of you gentlemen.
Mr. Dawkins: And I will remember you, I see you everyday darling.
Mayor Ferre: Further discussions, call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-374
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 82-256 AND
AUTHORIZING THE CITY CLERK TO ADVERTISE FOR SEALED BIDS FOR THE
CONSTRUCTION OF BUENA VISTA HIGHWAY IMPROVEMENT -PHASE I IN
BUENA VISTA HIGHWAY IMPROVEMENT DISTRICT- PHASE I, H-4475.
(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.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
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440
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MAY 11 1982
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30. CONFIRM ASSESS?0i'T DOLL FOR C0NSTRUCTION OF "SILVER BLUFF
SAiiITA.'2Y. SE?7t I2�ROVE?SE?TT (DISTRICT SP.-5414-C)".
Mayor Ferre: Now, we are on 6. Is there anybody here from Silver Bluff to
tell us the same thing? What? I can't believe it. There is nobody here from
Silver Bluff to object? Did we advertise? Is there a motion on Item #6?
Mr. Grimm: Mr. Mayor, it's a little different. We have already built these
sewers and this is now confirming the assessment roll.
Mayor Ferre: Oh, I'm sorry.
Mr. Plummer: Move it.
Mayor Ferre: Moved by Plummer, is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-375
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF
SILVER BLUFF SANITARY SEWER IMPROVEMENT IN SILVER BLUFF SANITARY
SEWER IMPROVEMENT DISTRICT ST-5414-C (CENTERLINE SEWER); AND
REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY
CERTIFIED.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
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MAY 11 1982
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31, CONPIR11 ASSESSMLIIT ROLL F0'% CONSTI UCTI0i1 OF SILVER BLUFF
SANITARY SEWER I11PROVEIMIT (DISTRICT CR-5410S)
Mayor Ferre: Take up Item 7.
Mr. Dawkins: Move it.
Mayor Ferre: Alright, Mr. Dawkins moves, is there a second?
Mr. Perez: Second.
Mayor Ferre: Perez seconds, is there anybody here from Silver Bluff Sanitary
Sewer Improvement who wants to talk on this? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 82-376
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF
SILVER BLUFF SANITARY SEWER IMPROVEMENT IN SILVER BLUFF SANITARY
SEWER IMPROVEMENT DISTRICT SR-5414-S (SIDELINE SEWER); AND
REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT NOT HEREBY
CERTIFIED.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
32. ACCEPT PROPOSED •110DIFICATI021S OF E:►IGTING COIICESSION AGREE2E11T
WITI: `'BETTE: AND BERT 66 MARINA, IIIC. "-E1:TEND TI2T, UITHIII I-TI:ICF.
ARP.EAR.AGES CAN BE PAID.
Mayor Ferre: Alright, the next item...
Mr. Dawkins: May I move 9, because I am going to be a little lengthy on some
of these other things. Can we move 97
Mayor Ferre: I see. Alright, we are going to take up Item 9, then. Mr.
Kutun, on personal appearance.
Mr. Barry Kutun: Thank you, very much, Mr. Mayor and members of the Commission.
My name is...
Mayor Ferre: We will take up 8 next. 8 will be next. Ladies and gentlemen,
may I introduce to you the speaker pro tern of the Florida House and I would
say one... not only one of the most distinguished Miamians, but one of the
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72 MAY 111982
0
people who have really done more for this community. He is really an unsung
heroe and Barry Kutun single handledly did more for the people and taxpayer of
Miami than just about anybody else in Tallahassee and I want to tell you how
very proud we are Representative Kutun.
Mr. Barry Kutun: Thank you, very much, I appreciate that Mr. Mayor.
Mayor Ferre: Now, that's got nothing to do with this issue before us.
Mr. Kutun: Mr. Mayor and Commissioners, I'm here on a matter... I represent
a client who owns a bait and tackle store on Watson Island. It is the one
that is next to Chalk's and my clients Betty and Burt Marinas do not have
the boat docking facilities, but they just have the small ten by twenty foot
building that was originally designed and constructed back in 1968 by Phillips
Petroleum under a concession agreement with the City and subsequently assigned
to Betty and Burt Marinas in 1970 and has been confirmed by this Commission
throughout. In 1976 it was placed on a month to month lease or a concession
agreement. Not a lease, but a concession agreement between the City and the —
tenant and has been on that basis ever since. My client purchased the stock
in Betty and Burt Marina on or about by November of 1978 and around May of 1979
discovered that there was an arrearage at that time. I don't have the
exact figure that were due as a result of the concession agreement. I met
with Mr. Terry and several other people from the Leasing Department to discuss
this matter with them and at that time we discovered that at this particular
bait and tackle shop they were paying ten percent of the gross price of
gasoline under the concession agreement. I would like to read for you what
they prices are in every other marina in the City of Miami that I know about.
Marine Stadium Enterprises pays two and a half cents per gallon. Marina Biscayne
pays two and a half cents per gallon. Merrill Stevens pays one cent a gallon.
Bayshore Properties pays two and a half cents a gallon. Parcel B Marine
Stadium Enterprises, if install will pay three and a half percent of gross.
Biscayne Recreation of Dinner Key pays three percent of gross and New World
Marina pays two and a half cents per gallon. My client pays ten percent of
gross, three times over... in excess of three times more than anybody else
is paying, in excess of ten times what Merrill Stevens Marina pays and my
client is a little two pump bait and tackle shop that is on Watson Island and
in a very precarious catch twenty-two situation.
Mayor Ferre: Mr. Speaker, what is it you want from us?
Mr. Kutun: Ok, what we wanted to do Mr. Mayor, was to... we are on a month
to month, we know that something is going to happen or could happen on Watson
Island and we are not here for a long term lease or a concession agreement,
but what we wanted was a modification of our agreement in line with what everybody
else is paying in the City. Everybody else in the City.
Mayor Ferre: Can we do that?
Mr. Dawkins: Mr. Mayor, I would love to accommodate the speaker, but I just
got through turning down a group of people who because of something... Now,
Mr. Kutun's client knew very well what lease they signed. They knew when
they signed the lease that it was ten percent or whatever it is. Now, for
him to come here after the fact and want me to drop it, I can't do it. Mr.
Gary, what do they owe us now?
Mr. Gary: Approximately twenty-three thousand dollars.
Mr. Dawkins: Now, if I take twenty-three thousand dollars and put it in a
money savings certificate, what would I get?
Mr. Plummer: A whole lot of income tax.
Mr. Gary: According to what bank you go to, twelve percent.
Mr. Dawkins: Not for the City... see, so what we need to do now is, if they
don't,,.
Mr. Gary: I'm sorry, they owe us a hundred seven thousand nine hundred
eighty-two dollars sixty cents.
Mr. Plummer: But how much of that is...
Mr. Dawkins: That's what they owe us?
g1 73 MAY 111982
II I
Mr. Dawkins: A hundred seven thousand dollars?
Mr. Gary: Almost a hundred eight thousand.
Mr. Dawkins: Now, Mr. Kutun, how could you come here in good faith owing the
City ---not you, your client--- a hundred seven thousand dollars and ask me to
drop rent. After you pay... Now, this is my motion. Let them go back and
when they pay up come back and then we discuss... if they don't pay up then
I don't want to...
Mr. Kutun: Mr. Dawkins? Commissioner, could I... I didn't explain fully.
I met with Mr. Terry in June of 1979 with regard to this matter and with the
lease management people. At that time we paid up and have paid up all the
arrearages that were owed from that time. I have been negotiating...
Mr. Dawkins: 19 when, though, now? So, because we are negotiating then we
must just go ahead and the City has to just do whatever they have to do while
you decide... while your client decides its going to make up its mind whether
they are going to pay us or not. That's not fair. That's not fair, Mr. Speaker.
Mr. Kutun: No, what will happen... Commissioner Dawkins, what happened was
that on July 23rd or 13th of 1979 this Commission passed an ordinance which
created a Waterfront Authority which placed a matter on the ballot. The
City Attorney's Office, I could not get an answer from anybody in the City
as to whether or not I could come before the Commission and request a modification
in this agreement, because this matter was pending and was to be placed on the
ballot and an election was held on September or October of 1979. I want you
to know that under this particular... and I had... and the City filed a lawsuit
against my client in August of 1979 and I defended that lawsuit and the City
abated that lawsuit and we paid money into the registry of the court during
the period of that lawsuit based on what we believed to be a fair and equitable
rent in which they... in the amount that they would accept and we have always
paid a rental payment on this premises. And I think if you read the recommendation
that the City has prepared in terms of the amount that's owed, you will find that
the City Manager's Officer or City Lease Manager's Office also recognizes that
we are paying three and a half times what anybody else is paid. We would be
more than happy, we have said this from the beginning in June to pay a
comparative amount. We have asked to do that. We have asked to notify. We
would have paid all the arrearages up until the time we started negotiating
with the City Manager's Office. Each time it keeps accruing I want you to
know that on one gallon of gas at a dollar forty-nine the State and Federal
Government gets twelve cents leaving a dollar thirty-seven. The City gets
fourteen cents under the formula which leaves a dollar twenty-three. We pay
a dollar sixteen a gallon which leaves seven cents out of that for my client.
We have discussed this with the City, they did not know whether we could go
before because of the Watson Island.
Mayor Ferre: Barry, let me see if I can cut through this. Now, I don't see
how in the world we can force a businessman in this community to pay three
times...
Mr. Dawkins: Then he has to sell and give it to somebody else. I mean, let's
just face it.
Mayor Ferre: But I mean how can we force him to pay three and a half times
more than anybody else is paying...
Mr. Dawkins: We are not doing it to him, Phillip Sixty-six is the one got
him in the...
Mayor Ferre: No.
Mr. Plummer: Mr. Mayor, excuse me, you know and I think I see something here
that Barry is trying to tell us, but you know, I think we have to remember
we didn't force the man, ok. This man assume this contract of his own free
will and I assume on advice, that he went buyer beware. Barry, let me ask
you this, am I understanding that your contract basically was changed by the
Charter Amendment?
Mr. Kutun: What the Charter Amendment says according to the City Attorney
is that a concession agreement cannot be modified. A concession agreement
or a lease when you have water front property cannot now be modified unless
it's put out for public bid. The problem is that nobody wants to have a
gl MAY 1 I Mr.
0
public bid there because you can only go month by month, because we don't know
what's going to happen on Watson Island. My client would be very happy to go
forward on a public bid arrangement two years ago.
Mr. Kutun: (con't) The problem is on Watson Island, nobody knows what is going
to happen, so they don't want to bid for this concession agreement. We don't
want to bid on a month to month concession agreement. That's what we have - a
month to month lease, so we are like in a catch 22.
Mayor Ferre: I just think it is totally unfair to place that kind of a com-
petitive burden on a private sector. I think they should pay what is fair.
I don't mind them paying a little bit more. I just don't think it is right
for us to be charging them three and one-half times whatever the going rate
is, and have th m compete. I just can't believe that!
Mr. Carollo: Maurice, I agree with you. I could understand them maybe pay-
ing up to even three and one-half, which there is only one person paying that.
All the others are paying two and one-half, with the exception of one other
that is paying one cent, but, you know, 10%, that is really being extremely
unfair and I realize that some of these people have gotten to contracts like
this in past years, thinking and hoping that they can still make it, but you
know, times have changed to the extreme, and at the same time that we have
to look for the best interests of the city, I think we have to be fair, be-
cause what is going to happen is that a lot of these people, like them, that
are paying 10% are going end up shutting down, and we are not going to make
anything, period.
Mr. Kutun: Mr. Mayor and Commissioner, I'll say the difference, this $100,000
is just two years of difference. We have been paying $11,000, $12,000 a year
in rent, but the additional amount, because of the 10%, is about $35,000 more
per year, which we can't pay. We only do a gross of...
Mayor Ferre: All right, let us see if we can't find a solution. Can anybody
find a solution to this?
Mr. Gary: I have a solution. First of all, because of the Charter amendment,
we cannot reduce this percentage. However, we can reduce it and let them have
it exclusively. However, we can do a new market study, in terms of that area,
and rebid it out, by which, at that time Mr. Kutun's client can also bid on
that property. That is the only way that we can reduce it. With regard to
the arrearages, Mr. Kutun's client, if this City Commission decides, can be
given an extended time to pay, but we can't forgive him with regards to what
he owes the City. In essence, he has to pay us $108,000. You can emend the
time period by which he pays us. In order to reduce the percentage, you have
to go out for rebid: whereby you would have an appraiser do what is a fair
market price for that, and it may come in at 4%; you may find somebody who
may want to come in at 20%.
Mr. Dawkins: I stand by my original conviction, Mr. Manager. Until they pay
up, I am not interested in discussing anything and taking care of anything.
That's just my one vote.
Mayor Ferre: Well, let me tell you from my one vote, I realize your point,
and I accept your right to feel that way, and I see the logic of it. On the
other hand, just because we forced somebody to do something which is patently
unfair, we are now forced, because of the law, to make his client name. There
is no way we can waive it, so the only thing that we can do to alleviate the
situation, is give you and extended time to pay for it, which I don't —what?
Mr. Gary: With interest.
Mayor Ferre: With interest. I think the Manager's recommendation is a fair
way of solving this dilemma, and I think if the other portion of it is accept-
able to his client, I have no problem going with the Manager. Is that accept-
able to your client?
Mr. Kutun: Sure, that is acceptable. Mr. Mayor, the only thing that I will
say about the arrearages, (and I will be happy to talk to the City Manager
about that, and not take up your time) it was very unfair. I have met at
least thirty times with the City. They have filed a lawsuit against us. They
have withdrawn the lawsuit against us. There has been a lot of work. We
never sat on our hands. We paid what we felt was a fair rent. We have asked
to come before the City. I do not believe that a concession agreement is a
lease. We have a concession agreement, and not a lease, and I believe that it
Id 75 MAY 111982
f
can be modified, I have taken that position with the City Attorney and with
the City Manager and...
Mayor Ferre: All right, now Mr. Manager, I would like to say that until
we investigate this matter further. I would like the City Attorney's office to
give us a written opinion as to whether or not a concession the runs on a month
to month basis is technically and legally a lease, and if it is not a lease,
then I don't think we are involved in that Charter amendment and then we can
deal with that issue. In the meantime, I think we ought to proceed with the -
Manager's recommendation.
Mr. Carollo: What I would like to suggest, Mr. Mayor, if we could place a
two-year limit, I think that would give them ample time to pay the money
that is owed to the City.
Mr. Gary: I need a vote on that, with interest.
Mr. Plummer: What percent?
Mr. Carollo: Well, I think what we are going to have do is find an average
of the past years, what the going interest rate has been.
Mayor Ferre: I think that ought to be negotiated and the Manager ought to
come back with a specific. All right, is there a motion?
Mr. Carollo: Moved.
Mr. Perez: I second.
Mayor Ferre: It has been moved and seconded. Further discussion? As I under-
stand it, we are following the Manager's recommendation. The Manager is going
to come back with specific figures. You want to talk on this? We are voting
on it now, you know.
'- Mr. Plummer: He is trying to talk to the ASTA Board of Directors.
Mayor Ferre: Well, we will take them up right away. All right, call the roll.
The following motion was introduced by Commissioner Carollo, who moved its
adoption:
MOTION NO. 82-377
A MOTION OF THE CITY COMMISSION ACCEPTING THE ADMINISTRATION'S
RECOMMENDATION IN CONNECTION WITH THE PROPOSED MODIFICATION OF
EXISTING CONCESSION AGREEMENT BETWEEN THE CITY OF MIAMI AND
"BETTE AND BERT 66 MARINA, INC."; FURTHER AUTHORIZING THE CITY
MANAGER TO EXTEND TO TWO YEARS THE TIME WITHIN WHICH ARREARAGES
ARISING FROM SAID AGREEMENT CAN BE PAID, AT A PERCENTAGE TO BE
NEGOTIATED BY THE CITY MANAGER.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Demetrio Perez
Commissioner J. L. Plummer, Jr.
Vice Mayor Joe Carollo
Mayor Maurica A. Ferre
NOES: Commissioner Miller J. Dawkins
ABSENT: None
ON ROLL CALL:
Mr. Dawkins: I vote "no", and not against the firm, but I just do not feel
that I can, in good faith, vote to do business with a firm that already owes
the City $107,000 and that may fold and go out of business, and not pay, with
the economy what it is now. I vote "no".
'76
i
MAY I 1 1901
33. PRLSMTT IMYS OF n?.E CITY TO TFE BOARD OF ASTA IN
CONNECTION WITh TKEIR FORTHC012,1I11G CONVENTION.
Mayor Ferre: All right, Ladies and Gentlemen, we have the Board of Directors
of ASTA, who have flown in from out of the City. The ASTA Convention is probably
the most important event that will come to Miami this next year, and it it a
major, major breakthrough for us as a community and as a City, and I would like
to welcome them at this time. Would the members of ASTA please step forward?
The Board of Directors of ASTA, Mr. Joe Stone, Mr. William Hunt, Mr. Francis
Gorranin, Mr. Jim Miller, Mr. Joseph Hallissey, Mr. Walter Rausher, and I'd
like to welcome all of you. Joe, come on up, please. Ladies and Gentlemen,
ASTA is, without any question, one of the most prestigious organizations in
this country. Come this October, we are going to have the ASTA Convention
come to Miami. It is without any doubt the single largest, and most important
event that will have occurred in Miami, I am sure within the living memory of
most of us. I cannot tell you how very proud I am as Mayor that the people in
ASTA were kind enough to accept Miami's offer and come down here for their
convention. We plan that we will have at least 15,000 human beings that will
come from all over the world to our ASTA convention, and on behalf of the City
of Miami, to the very distinguished Chairman of the Board of Directors of ASTA,
Joe Stone, may I present the key to the City in recognition of the importance
of ASTA and the significance that this convention will mean to our City. Wel-
come to Miami, Ladies and Gentlemen and we hope that your convention is success-
ful.
Mr. Toe Stone: Mr. Mayor, Mr. Deputy -Mayor and Councilmen, on behalf of the
American Society of Travel Agents, I accept the key to your beautiful City.
Today, we had an opportunity, Mr. Mayor, to see the new construction, the
rebirth of the new Miami, under your leadership and Joe's and everybody else
here. We think this will be a tremendous event in October. The world will
be coming to Miami to see the real Miami, not what they read in the papers,
because I personally, am in love with Miami. I bought a home in Florida. I
think the future is in a state like Florida and a City like Miami. We, again,
are thankful for this visit that we are having here for a couple of days.
By the way, so the people here know, representatives of our Board here are
every state in the union. This typically the ground -swell of America, which
are membership in ASTA. We certainly look forward to our visit.. I can tell
you that we are proud with some of the new names that are cropping up that
are going to be here. All I can tell you is that the enthusiasm - the regis-
trations went out this last week, and now the results will be coming in.
Again, on behalf of my area director, and chapter presidents and officers,
I want to thank you for inviting us here today, and also to receive this key.
Thank you, Mr. Mayor.
Mayor Ferre: We have a little presentation to you. This is a card that is
carrying a card. We would like for you to send that, and one for Mr.
William Hunt, Sr.; one for Francis Gorranin; one for Jim Miller, Immediate
Past President of ASTA; Joseph Hallissey, Walter Rausher, and Lynn Fensterer,
Why don't you come up here. Ladies and Gentlemen, let's give warm recognition
to the Chairperson of the Miami ASTA World Congress. We have a series of
distinguished visitor's proclamations here, which will be distributed. I
will ask Ida Levitan to do that, if you would, please. Thank you very much,
Ladies and Gentlemen for your interest, and please know that we in Miami are
very proud of ASTA's having chosen Miami and that we will not walk an extra
mile. We will walk an extra thousand miles to keep you happy. We are going
to do everything within our power to make your convention here the very best
convention that ASTA has ever had, bar none.
77 MAY 11 19$2
9
STIPULATION BY CITY C011121ISSION T11A: MONUMENT PROPOSED TO BE
34. PLACED ON S.W. 13TE AVEIIUE BE PLACED INST: AD EN JOSE MARTI
LATI111 RIVERFRONT PARK; FURTI'.ER STIPUL.TING TEAT NO OTHER
MONUMENTS SHALL BE PLACED 11; SAID AREA.
Mayor Ferre: We are now going to take up Item 8, which I think the majority
of you Ladies are here on, right?
Mr. Carollo: Mr. Mayor, if I may, on Item 8, I think we could finish awfully
quick, if I could have a couple of minutes. I had a series of meetings with
the group of individuals that wanted to place this monument on S. W. 13th
Avenue and they have agreed that they will be willing to have it placed, if it
is the will of the Commission, at another location, either Jose Marti Park,
or Bayfront Park. I think that the best location...I would be happy to make
a motion to that effect would be Jose Marti Park.
Mayor Ferre: All right, there is a motion that the monument that is the point
of concern here be placed at the Jose Marti Park, which is on the river and
not on 13th Avenue between llth and 12th.
Mr. Plummer: Second the motion.
Mayor Ferre: It has been seconded. Under discussion, I would like to make a
motion beyond this, so that the neighbors will feel a little bit safer, that
this City Commission will go on record that we will not put any further monu-
ments on 13th Avenue, of any kind.
Mr. Carollo: Mr. Mayor, if you like, we can vote on this, and then you can
make your motion, or you can amend it into mine, whichever you prefer.
Mayor Ferre: Whichever you want. Why don't you just put it in yours?
Mr. Carollo: Okay, we will put an amendment in, Mr. Mayor.
Mayor Ferre: Is that acceptable to the seconder of the motion?
Mr. Plummer: Surely.
Mayor Ferre: What we are doing here Ladies and Gentlemen is 1) We are not
going to put the monument on 13th Avenue, we are going to put it down by
the river, and 2), we are going to go on record that we are not going to put
any more monuments on 13th Avenue. I think you have done your fair share.
All right, now that is the sense of the motion. Further discussion? All
right, call the roll.
The following motion was introduced by Commissioner Carollo, who moved its
adoption:
MOTION NO. 82-378
A MOTION OF THE CITY COMMISSION STIPULATING THAT IN CONNECTION
WITH THE PROPOSED PLACEMENT OF A MONUMENT ON S. W. 13 AVENUE
BETWEEN S. W. 11TH AND 12TH STREETS, IT IS THE COMMISSION'S
DECISION THAT IT BE PLACED INSTEAD IN "JOSE MARTI LATIN RIVER -
FRONT PARK", FURTHER STIPULATING THAT THE COMMISSION WILL NOT,
IN THE FUTURE, PROPOSE TO PLACE ANY OTHER MONUMENTS ON S.W.
13TH AVENUE.
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 78
ABSENT: None MAY
A Y 111982
11opZ
i
Mayor Ferre: All right, does anybody want to speak now?
Ms. Helen Malakoff: Thank you.
Mayor Ferre: All right.
Ms. Malakoff: My name is Helen Malakoff, 1269 S. W. 17th Street, I would
like to thank this Commission, and I would like to say to you, if you ever
need volunteer workers to try to do something about cleaning up 13th Avenue,
that is a garbage strip from 13th down to Sth, please contact me, and I will
see what I can do to see if we can get this place cleaned up. It is disgrace-
ful to the City of Miami. We have a beautiful city. It is a beautiful city,
and it should not be that dirty. It should not be a garbage strip. Thank
you so much. I really appreciate it
Mr. Carollo: Mr. Manager, can you make note of that and right today send a
memorandum to Mr. Patterson, the head of the So 1d Waste Department to that
effect, and I would like to have a copy sent to every member of the Commission,
back from Mr. Patterson, insofar as what he is going to do to clean up that
area
Mayor Ferre: All right now, Ma'am, I would like to say this to you. First of
all, I think it is very important that you notice that a Commission which is
composed of three Spanish speaking members - three Latin members....
Ms. Malakoff: I realize that.
Mayor Ferre:....and two of us, as Plummer was also elected, but in the case of
Miller Dawkins who got strong Cuban support, and let, I think this Commission
was responsive to the needs of the neighborhood, and I think your petition
that enough is enough, has been accepted, okay, and it worked.
Ms. Malakoff: I appreciate that, very much.
Mayor Ferre: So, I just want to make that editorial comment to you, because
a lot of people have come up here in the past and used kind of rough language
about how people do things around here. Second thing I want to say to you is,
I think your offer is a very commendable offer, and I want to thank you and
congratulate you for your approach, in other words, your positive, constructive
approach, and let me say, that I think we want to take you up on it, and we
would like for you to be a co-chairman of a committee. We want you to get
some of the Spanish speaking neighbors there also, because they are involved
too. We want you to get a committee; I don't care if your committee is made
up of five people, or a dozen people. You decide. This Commission is going
to appoint you and your co-chairman as a committee to oversee that that street
is kept and maintained clean, and we want, after you establish your committee,
for you to come back, and we will assign somebody from Mr. Patterson's opera-
tion to deal with you, so that you will have somebody that you can deal with
on the City staff.
Ms. Malkoff: We might need some police protection too....
Mayor Ferre: All right, when you come back...
Ms. Malkoff:....but, we do have two hundred names on this item, and one thing
I was going to tell you that this crowd is very small today, because of the
terrible fear of the people that live in this area, they are afraid to go.
In fact, my life was threatened, but I just felt I don't have but one head to
blow off. It has got to be done. This is a job that has to be done, and
really, I appreciate it. Thank you.
Mayor Ferre: All right, now we have a related item which we...
Mr. Carollo: Mr. Mayor, if I may, there is one lady here that has worked very
hard for this. I would like for her to say a few words if she may.
Mrs. D'Agostino: I am Mrs. D'Agostino. I live at llth Street and 13th Avenue.
I would like to say the park the way it is is just fine. Nothing is dirty
around there. I live there. I think this City of Miami only needs to clean
up once in a while when trees lost leaves, but the parkway is beautiful, there
is nothign wrong with it.
Mayor Ferre: All right, thank you very much. Is there anybody else now?
79 MAY 111982
35. DISCUSSION Ii1 CO2TNECTIDN WITH ACTIVITIES AITD _1TDT^L.tiBLE
ELEMENTS AT DOI MI0 PARK.
Mayor Ferre: We have a related item that you ladies might want to stay for,
and that is the Domino Park, which is just a couple of blocks away, and we
will be taking that up, I would imagine and if it is all right with everybody
else, maybe we can get that one behind us. Are the merchants here? And the
people that represent the community on Domino Park?
Mr. Perez: Yes, I think that we have some people there.
Mayor Ferre: All right, I will tell you. Obviously the group is not here,
but if any of you ladies want to speak to it very briefly, I will let you
say it into the record, if you want to express yourselves on it.
UNIDENTIFIED SPEAKER: Yes, sir.
Mayor Ferre: The question is Domino Park and the question is the hours that
it functions.
Mrs. D'Agostino: I think that when they opened the park....
Mayor Ferre: Speak into the microphone, Mrs. D'Agostino.
Mrs. D'Agostino: ....I think it was very nice, because a lot of old people,
they go there and pass the time, but I cannot walk anymore in that corner
there where the park is. The men are terrible; they say terrible things to
the ladies that walk around there. We cannot shop anymore on 8th Street.
It is out of the question. My daughter can't walk on 8th Street.. There is
not the old people that go play dominoes. It is the other people who hang
around there. It is really very bad. I think it should be closed.
Mr. Carollo: Mr. Mayor, if I may, while we are waiting for some of these
people to come in...
Ms. Alberta Ryan: I am Alberta Ryan...
Mayor Ferre: Speak into the microphone.
Ms. Ryan: I am Alberta Ryan and I just want to thank you for the way you
handled this so beautifully. We are very appreciative. Anything I can do
to help you, you know where I live.
I Mayor Ferre: We were talking about Domino Park, if you are interested now.
j All right, do we have another speaker on Domino Park?
Mr. Carollo: While they are coming in, Mr. Mayor, I would like to make a
statement to Domino Park.
Mayor Ferre: All right, quietly now. You can come in, just do it quietly.
All right, sir.
Mr. Carollo: Mr. Mayor, Domino Park has always been a pride of this commun-
ity and a pride,in particular., to the Cuban community what we call Little
Havana. It is recently that we have had complaints from Domino Park and it
was after the Mariel boatlift, in particular, that we started receiving com-
plaints. Well, Mr. Mayor, I think that one of the facts that this Commission
is going to have to face is that we just cannot turn our backs on a problem
and try to solve it by closing down a park or by closing down a neighborhood.
Mr. Mayor, the bottom line is, that that park, that area�is not receiving
adequate police protection. I think the way to face that problem is by
putting a task force of our police officers, and particularly Latin police
officers that understand that community. Mr. Mayor, through the Mariel Boat -
lift Fidel Castro tried to embarrass the Cuban community here in Miami and
in tie United States. There were many people in that boatlift that were
misfits, that will be misfits in any society. There were people in that
3 so MAY 111982
boatlift that were sent precisely to disrupt this community and other commun-
ities throughout the United States. In fact, Mr. Mayor, we have had reports
that have received very little publication in the media, but nevertheless,
people have testified in Washingtonpin front of the Senate committees that
Castro agents in this City in fact, have tried to recruit people to go to the
extreme of throwing a Russian hand grenade into that park and, Ns. Mayor, that
to me tells me that some of the problems that we might be facing there are
problems that are being stirred up purposely in trying to embarrass the Cuban
community of this City that for the most part.is a very law-abiding community
and very hardworking community. Mr. Mayor, there are many people here today
that want to speak on this subject; many people who are for closing the park
at certain hours of the day, and others that are against it. But,.regardless
of what the feelings are, the bottom line is, that if we are going to keep harmony
and peace in this community, we are not going to do it, or accomplish it by
closing down a park, or closing down a street, or closing down a neighbor-
hood. We are going to do it by law and order, and the only way that that
neighborhood is going to be a decent neighborhood, if we are going to have a
decent park, is by having our police officers there to enforce the and if
someone is there to purposely try to disrupt that park or that neighborhood,
then let us deal with them adequately.
Mr. Perez: Mr. Mayor, would it be possible...I would like before starting
this hearing to have to opportunity to have a report from our Police Depart-
ment, from our Assistant City Manager who is taking care of all of the rules
that we approved in the last Commission meeting. I think they were approved
about three or four weeks agoland I would like to know what are the results.
Mayor Ferre: All right, before we do that Cesar, I do also want to make a
brief statement so we'understand. I think what Commissioner Carollo has said
makes a lot of sense. In other words, we have to have more police protection
in the area. However, I want to tell you that I have some kind of strong
fiduciary responsibility personally, I feel, because I am the guy for good
or bad, who thought of putting up that park seven or eight years ago. You
warned me against it.
Unidentified Speaker: That is right. Your chickens have come home to roost, Yayor
Ferre.
Mayor Ferre: All right. Let me finish. Let me finish, and then after that
we are going to hear from the Police Chief, not from you�and then you get
your chance. I just want to say that I do not regret having done what I did.
I think that it was the right thing; it is a beautiful park and it is a park
that I think deserves support, and deserves support now. Now, let me tell
you on the other hand, two things. One is, there is a precedent. The pre-
cedent is Elizabeth Virrick Park. Elizabeth Virrick Park became a place
where drug traffic was occurring. In Coconut Grove it has nothing to do with Little
Havana, so this is not a Cuban or White -Black issue. In the Black Grove,
okay?, people were buying and selling drugs in Virrick Park, and the neighbors,
the community came here and said.: "Close down the park"/ And we said, "We
can't solve the problem by closing down the park", and they insisted and for
a short period we put up a fence; we locked the gates; we closed the park at
night. The park is available during the day, but at night, the park is
closed, so that it would not become the center of drug trafficking. Now, so
there is precedent for curtailing operations in other parks other than this
park in Little Havana. Now, the last thing I want to say is this. I have
personally been in that park, and I think the majority of the people
that are there, (and I am talking about both old and young, even though the
majority are older people) are decent, hard••working, sincere individuals,
who are there for recreational purposes. But, I must tell you that in the
last year and a half, I have seen, in the last two years and I have to
say it, since Mariel, before Mariel, we had no problem there, si I say to
you that the decision was not wrong, and we had nothing to do with what Castro
did to embarrass this community after Mariel. But, I want to tell you that I
have seen not one or two, I have seen dozens of people that are obviously
drunk, unshaven, filthy dirty, spitting on the street; I have seen people
urinate in public there; I have seen people do the most unbelievable things.
I am talking about at night, you know, throw beer cans; I've seen people
drinking in tee-shirts, people shirtless with all these tattoos on, the kind
of place that the average Cuban citizenjand the non -Cuban citizens that live
within a five -block area, that do not want to go anywhere near that place
because of the threat, not of violence I don't think they are violent,
j� MAY 111982
1% 4
it is just, you know, somebody saying something disrespectful to a lady that
goes by. Somebody ... and it isn't...I don't mind a whistle or a cat -call, but
I am talking about dirty things. Some lady goes by and somebody says something
that is insulting. That didn't use to happen there two years ago. That was a
decent, respectful place. Now that is not what it is now! And as far as I am
concerned, I don't know what the report is going to be, but I am going to tell
you this that if you want to extend it, I don't mind going to 8:00 o'clock or
8:30 P.M.:.or something, but I don't think...my vote is not for keeping that
place open at night. That place is a known place for concentration of drug
trade. I know the argument goes "Well, we are going to have drug trade any-
way, and if it doesn't happen in Domino Park, it will happen three blocks
down". Okay, I realize that, and I realize that when we say that "Well, if
you don't have pornography, if you don't have nude beaches here, or you don't
have this, or you don't have this kind of activity, it is going to happen
somewhere else". I know. I know the argument, but the point is, that we have
got to take a stand somewhere, and my vote is for cooling down that park for
a six-month period, like the police is recommending and let's see what happens...
30 days, 90 days some time, and then maybe. gradually, we can reopen it,
once those vagrants use another place where they can meet and congregate.
Then we will see what happens then. That is just one man's opinion.
Mr. Cesar Odio: Mr. Mayor, members of the City Commission. Under instructions
from the City Manager and following your directive, we began a program at
Domino Park first by assigning three members of the Refugee Affairs Office,
who have worked with the refugees before and who personally know them, to see
if we could clean up the park by having a personal contact with them.
Mayor Ferre: By refugee, you mean the Mariel refugees....
Mr. Odio: Mariel refugees.
Mayor Ferre:.... because you are not talking about a lot of other people who
are refugees here too.
_ Mr. Odio: Okay, let me clarify that. The ones who arrived in the United
States during the Mariel boatlift. We also met with both Chief Alba and Chief
Dickson and with the businessmen of the area. We asked them if they agreed
with the time that the City Commission had chosen as closing time, or whether
they would like to set it as long as we had daylight hours, and they were very
adament about keeping the time at 7:00 o'clock. In the meantime...
Mayor Ferre: I didn't hear. Who is that?
Mr. Odio: The businessmen. The fence that was ordered to be installed by
the City Commission is now being designed by the architect who also designed
the park, so that it is also an attractive fence and not a security looking
type of fence.
Mr. Carollo: Excuse me. Cesar, if I may interrupt you just a minute. You
know, about a year and one-half ago, approximately, when former Commissioner
Lacasa wanted the park closed up, period, for many of the same reasons that
we are hearing here again, I was the one that kept that park open. I'll take
the blame for it. I was the one that made a motion that this Commission backed
in whole to place a fence around that park - a fence that would blend in with
the surroundings of the park and the neighborhood, not one of those chainlink
fences like someone was talking about recently. In that motion was included
a crime light that was going to be placed all around that park, so it could
be well lit at night and there would be no dark spots anywhere. and that in
the back, the parking lot at Wometco, that had hardly any lights (and that is
where most of the problems were being caused at), that we would forced them to
place adequate lighting behind that park. It has been about a year and a
half. No fence was ever put up by this administration. All that I got was
a lot of lip service. No crime lights were placed like they were supposed
to in that park. At Wometco,they placed a couple of light bulbs that have
been broken. That is about all they did. I want to know why this Administra-
tion did not take the adequate steps a year and a half ago, when based on
my motion, this Commission instructed the Administration to go ahead and do
that.
Mr. Odio: If I remember correctly, Commissioner Carollo, the fence was re-
versed, and therefore...by yourselves, and that is why we did not install the
fence, Out of courtesy, right now we were going to proceed and install the
d MAY 1119�z
fence that had already been purchased, but, out of courtesy to the architect
Raul Alverez, who has spoken to me, saying that he wanted a chance to design a
fence that would blend with the park....
Mr. Carollo: _Well, that was the original motion stated, until it took
months and months and finally nothing was done, and the issue was dropped,
and that is when we reversed that.
Mr. Odio: ....Well, Commissioner, all I can remember is that the fence was re-
versed. The order to put the fences was reversed.
Mayor Ferre: Yes, but that is why it was reversed. That is right.
Mr. Carollo: It was reversed after it took months and months of this Admin-
istration not doing anything....
Mr. Odio: Well...
Mr. Carollo: ....and then the problem seemed to have been solved and that is why
it was reversed.
Mr. Odio: But, I guarantee you sir, that the fence will be installed as
soon as it is finished. The architect is...the design...I think it should
be ready by Monday, and the lights will be installed and the park right now
is much better than it was two weeks ago. The police has a task force
assigned to the area. We have over five officers come in the morning in
that particular area of the City.
Mayor Ferre: Five officers?
Mr. Odio? Officers.
Mayor Ferre: In the park?
Mr. Odio: In that particular surrounding area. We promised the neighbors
and the businessmen that we would have police sweep down 8th Street from
17th Avenue to 12th Avenue to keep the vagabonds out of the sidewalks which
are also standing in front of their businesses keeping nice people away from
their businesses. So they are doing that sweep, but we had a complaint that
some people were removed that were actually not vagabonds, so we are going
to have that too.
Mr. Carollo: What I would like to suggest, as one of the police assistant
chiefs is heret Mr. Alba, is that all of the police officers that would be
assigned to that area be Cuban -Hispanic police officers. I have observed
on several occasions in the past, officers that are not. I think that if
you are going to get the utmost response, you had better assign officers
that are native to the culture in the area...
Mayor Ferre: In the language.
Mr. Carollo: ....in the language, of course, because, otherwise, you are going to
be getting a lot of people arrested that should not be arrested and you are
going to be creating more problems than you are solving.
Mr. Odio: I would also like to tell you that we
removed ... when I went to the park, I saw that there were a lot of of these
people sitting in the bus benches, and they were not waiting for buses, so
I asked the Metro Transit Department to remove the benches, so that has been re-
moved. And I think that the park overall is much better today. I don't
think that we should extend the time for the time being, of closing the
park.
Mr. Carollo: Well, Cesar, you know really, since I have been elected to
this Commission before, we have hac hookers sitting on Biscayne Boulevard
on all the benches. You go there now, you are going to find at least one-
half dozen sitting on the benches, and I haven't heard anyone asking me to
close the park in the northeast yet, so...
Mr. Odio: I am not in charge of prostitutes. I was told to clean up the
Domino Park, and I saw that the best thing to do would be to remove the
Id a
MAY 111982
r r
two benches from there.
Mr. Carollo:You see, the problem is actually not Domino Park: the problem ie that.
whole area of Little Havana from one end to the other,that you have certain
elements that are walking the streets there that are not welcome and are not
wanted in this town, period. And the only way that problem is going to be
solved is by having our ;Police Department there in force, like we are finally
having. Now, Xr. Mayor, with all due respect, how many times do you remem-
ber in the past that we have had every single television station present
here - all the media that we have here? Very few times...and this is exact-
ly what I don't want to see. I don't want to see this making the national press
all over the country, where people are saying, "Look at these Cubans. They
can't even have their parks open because of the crime they have in their
neighborhoods. They are a bunch of wild animals". And this is what Castro
is going to be doing right tonight in his radio station that he is blasting
all over Latin America, all over the United States. This is what they are
going to be saying: "These are the kind of Cubans that live in Miami. They
are nothing but bad people; they are nothing but prostitutes; they are nothing
but thieves!" This is what they are going to be saying about us, and I don't
want to give that ten tin -whore dictator the opportunity to say that about us.
And, I tell you Mr. Mayor, if we play into his hands, he is going to score
again. And this is why he went as far as to instruct his agents in Miami to
find someone to throw a Russian hand grenade in that park - to create the
biggest chaos he possible can. Now, Mr. Mayor, with all due respect, we are
talking about maybe closing the park at 7:00, 8:00 o'clock at night. You
know, all the merchants are long gone from that neighborhood by 5:00, 6:00
o'clock P.M. How many shops are open in that neighborhood at 5:00 o'clock?
So, what I am saying is, if we are going to close that park two or three hours
before it has, always been closed, at 10:00 o'clock, I don't see what we are
accomplishing. I mean, we are not going to help the merchants any, because
their shops are all closed already. The only thing we are going to accomp-
lish is to create this negative feeling about the Cuban community in Miami,
not only in other parts of our country, but we are going to give Castro the
opportunity to create that image in Latin America about us.
Mayor Ferre: All right, Chief, what is your recommendation?
Chief Alba: With reference to the closing of the park, or the hours?
Mayor Ferre: I think the key question is, at the present time, and this is
a temporary measure, we are closing the park at 7:00 o'clock. I think Commis-
sioner Carollo has a very strong argument, and I can't disagree with the
thrust of it. On the other hand, I think our experience in the last couple of
weeks is very important, and I would like to have your opinion as to whether
or not we should maintain this park closed beyond 7:00 o'clock or 8:00 o'clock;
should we change the hours, and if not, for how long a period of time do we
maintain the situation? In other words, Mr. Alba, what I am saying is, should
we wait another thirty days to keep cooling it for a while, or should we...
what is your recommendation? What should we do?
Chief Alba: First of all, Mayor, we have no objections to the park being
open until 10:00 o'clock to begin with.
Mayor Ferre: You had no objections to what?
Chief Alba: No, we did not originally, no.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: Finish your applauding, because I can't hear what the man said.
Would you repeat it?
Chief Alba: Yes. We did not have,originally,any problem with the park being
open until 10:00 o'clock. This was the recommendation of the Little Havana
Crime Watch group. They chose to close it at 7:00 o'clock.
Mayor Ferre: So you think it is all right if we keep it open until 10:00?
Chief Alba: Whether we close it at 7:00, or we close it at 10:00 o'clock is
virtually the same problem for us, it is getting the people out of the park,
and eliminating the same element....
id R4 MAY 111982
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1
Mayor Ferre: So the Police Department...
Chief Alba:.... that would be in the park whether they be there at 7:00 or
whether they be there at 10:00.
Mayor Ferre: But, you say close it at 10:00 o'clock?
Chief Alba: We would have no objection to it.
Mr. Carollo: That is the time it has always been closed, Mr. Mayor.
Mayor Ferre: So, it would be closed at 10:00 o'clock.
Mr. Perez: But, is your recommendation, your definite recommendation is...
Chief Alba: No, no, no. I am saying that we would have no problem with the
park being open at 10:00 o'clock.
Mayor Ferre: Chief, I am not asking you that question. I am not asking you
what you have problems with; I an, not asking you whether you have problems
with the toothpaste you use or anything like that. You know, I am just ask-
ing you a very simple question. What is your recommendation? 7:00 o'clock,
or 10:00 o'clock? Don't give me "You don't have any problems".
Chief Alba: Presently,as it stands right now, we have cleaned out the park;
I would like to see at least a thirty day waiting period before we do it, to
make sure that the same element that we cleaned out doesn't return.
Mr. Carollo: Chief, my question....
Chief Alba: But whether we have an overall problem with the park being open
until 10:00 o'clock, we don't.
Mr. Carollo:....my question is this Chief, if I may. It is very simple and to the point.
Are you to tell me that our Police Department cannot keep law and order in
that area of town? In a small area like that?
Chief Alba: No, I am not.
Mr. Carollo: Because if what the recommendation is that we are going to close
that park at 7:00 o'clock P.M. instead of 10:00 P.M., because of what might be
happening there, or what is alleged to have happened in there, or what is
allegedly going to happen there, then the only thing that I can interpret is
that our Police Department is not qualified or cannot control the situation
and cannot uphold law and order in that area. And I would certainly feel
that our Police Department..,*at least I would certainly hope that our Police
Department has the capacity to keep law and order anywhere in this town.
Furthermore, if I may, Cesar, I respect some of the merchants, like Willy
Gort, that are involved in this and feel very strongly in closing the park
earlier, but at the same time, some of those merchants there do not live in
the area, while they might have some business in the area. In fact some of
them do not even have business in the area. Now, I, with all due respects,
while I can appreciate the concerns that some of these merchants have expressed,
I respect the opinion of the people that live in that area, that work in that
area, that go to that area, a heck of a lot more than people that have very
limited contact with the area, if none at all. So, Chief, If you are concerned
mainly about some of the pressures that might have been applied to our Police
Department by a certain group of people, I would suggest that you look here
today and see who is in favor of keeping that park open, so then you can
realize, really,insofar as pressure is concern, where pressure is really going
to come from.
Mr. Odio: Could I add something? ... Under your instructions, we were to post the
ordinances that apply to be able to pick up these vagabonds out of the street
that are spitting on the sidewalks, drinking in public, screaming, or what
have you. We had a meeting with Janet Reno, because some of those laws are
not enforceable. So that is one of the problems that the police 'has been
having in picking up these people, because some of the laws are not enforce-
able.
Mayor Ferre: You mean to tell me that somebody can urinate ....I've seen
right next to El Pub, do you know where E1 Pub is?, in the parking lot....
Mr. Odio: Yes, sir.
S5 MAY 111902
V 0
Mayor Ferre:....I've seen a person right in the middle of the parking lot, in
front of all kinds of ladies, in broad daylight, on a Saturday, urinating.
Mr. Odio: I believe you, Mr. Mayor, but the law says that the officer has to
see the guy doing that.
Mr. Carollo: Mr. Mayor, with all due frankness, about six months ago, right
in front of City Hall, we had a man here unshaven, like some of the people
that are going over there, or is aneged, that urinated in my presence and in
the presence of Wally Rodak, the president of the F.O.P., until he finally
went to the man and got him out of here with a bunch of people he had. And I
may say he was not a Mariel refugee, either. Are we to say then, that we are
going to close City Hall down because we had one guy urinating in front of
City Hall?
Mayor Ferre: I would answer that in the affirmative. Go ahead, Mr. Manager.
Mr. Gary: Mr. Mayor, based upon my discussions with Mr. Odio and the Police
Department, I would recommend that we continue the task force effort as pro-
posed by Commissioner Carollo; that we go ahead and install the light; we
continue ordering the fence and that we close the park down at 5:00 P.M. or
4:30 P.M. I would suggest 5:00 P.M.
Mr. Carollo: In other words, instead of at 7:00 P.M., like you had originally
suggested, now we are going to 4:00 or 5:00 P.M.
UNIDENTIFIED SPEAKER: That is right.
Mayor Ferre: No!
Mr. Carollo: Howard, come on now. You know, if you are concerned about
pressure from one group of the community, you know as I can see that it is a
problem here.
Mr. Gary: Nobody has talked to me.
Mr. Carollo: Heh, let's count heads here; let's go into that community and
count heads to see how the people really feel.
Mr. Gary: You want to close it down completely?
Mr. Carollo: I am not in favor of closing that park one minute before the time
that it has always been open - 10:00 P.M. at night. The only thing that tells
me is, that,you know, our Police Department can't keep law and order in that
part of the City, and I don't believe that. I believe that we have a fine
Police Department; I believe that they can keep law and order in every section
j of this City in town.
Mayor Ferre: Okay, Commissioner Dawkins.
Mr. Dawkins: I have a problem with the gist of this. I realize the concern,
and I am just as concerned as everyone else. But, a task force sweeping through
the arealonly removing individuals while the task force is there, in my opinion
is useless. My concern is, what can we do to rid the community of this element?
Because, when you run them from where the task force is running them, all they
do is go to another area, and once the task force moves out, they are going to
return, so I would like for someone to tell me how..we have no more jails, now
to put them in. I have no problem with getting a C-47, putting them on it,
taking them to Guantanamo Bay and pushing them through the gate. I have no
problem with that. In fact, I believe I could take a donation to lease the
747, or whatever we need, but really and truly, the problem is, how do we
eliminate the problem, because all we are doing is putting a bandage on the
sore. Come on up, I mean, put your name on the record, sir.
Mr. Angel Rodman: My name is Angel Rodman. I immigrated to this country
from England. I am British stock and of Latin. My father is Spanish, ani
I moved into Little Havana.
Mr. Plummer: What is your address, sir?
Id R6 MAY 11 1982
4 W
Mr. Rodman: Mr address is 2278 S. W. 16th Avenue. I moved into Little Havana,
because when I came down here on Holiday, I saw a peace loving community and
I saw decent citizens walking the streets with their wives and children. I
didn't encounter this anywhere else in the United States. I became a citizen
of this country with pride. I love this country with pride. I am proud of
living here and I am grateful for the rest of the United States to have had
me in the first place. I have no fight against the way the government is,
the of the country or anything. I do have fight against those people
who decide to take unto their hands to do things without considering the rest
of the citizens. I am a little man; I am a workman; I am a businessman, I have
had my own business. I got enough money in the bank to represent myself. I
am as poor as anybody is, because I made my money working I have never been a
racketeer - arrested for anything involving any crimes whatsoever. I am not
here speaking for any race. My mother is English, Anglo-Saxon. My father
is Spanish, Jewish, Turkish, a mixture just like myself - just like good, true
Americans I have encountered in this country. I came before this Commission
nineteen months ago, maybe twenty. I asked Mr. Mayor Ferre to give us a
police officer for Little Havana, because I got involved in Little Havana.
I lived there, I frequent the park, I mix with the elderly citizens. Gentle-
men, in this country the Anglo-Saxon parents have the elderly people in eld-
erly homespthe Latin community have it in the parks and the streets at home.
It touches me; it chews me up to see that the only people suffering out of
your people's decision; it is the elderly people. I have spent my gas, my
money, my time carrying quite a few crippled elderly people from the park to
their homes several times. I can't afford to do it permanently. I have only
done it in spur of the moment, when I had to, because I refused them more
than once as well. I came before this Commission. I asked for a police of-
ficer over twenty months ago. It is in your minutes if you care to look. I
brought two hundred citizens. Like the lady over there said, "the chickens
came to roost", I am not a Cuban, Madam, but there are no chickens roosting
in Little Havana - none whatsoever. The only thing roosting in Little Havana
is the criminals our governments permits to walk our streets to abuse her
citizens. It is our fault - all of us included in the same bucket - not the
Cubans, nor Latins, all of us. We are responsible forthose criminals walkina
the streets. I went down to Dade County Detention Center. I spent a whole
day touring that center. You have got 20% Latins, 30% white Anglo-Saxon and
50% Black. Out of that 20% Latin, most, the majority of them are Mariel
refugees. That is pride for the Cuban community. That is pride for the
Latin citizens of this City. It is less than 10% crime amounts from citizens
which are Latin in descent. On top of that all, you will find that half this
City is Latin. We should be proud that we have got a beautiful Latin commun-
ity, not like Los Angeles or California, or Texas that has a f ilthy Latin
community.
Mr. Dawkins: May I impose on you to ask you let somebody else speak, please.
Okay, thank you. Let somebody else have something. Thank you.
01
Mrs. Charles Starkey: Mayor Ferre and City Commissioners. Mr. Carollo, I
would like to ask you personally a couple of questions.
Mr. Carollo: Feel free.
Mrs. Starkey: Where do you live? Do you live in the Little Havana area?
Mr. Carollo: Ma'am, I live in an area that is considered part of Little
Havanaion S. W. 20th Street and 30th Avenue.
Mrs. Starkey: Do you live near Domino Park?
Mr. Carollo: That is approximately fifteen - eighteen blocks from that area.
Mrs. Starkey: That is a long way from Domino Park. What time, may I ask
the Commissioners, do all of the other City Parks in the City of Miami close?
Mr. Carollo: 10:00 P.M. is the usual time they all close.
Mrs. Starkey: I beg your pardon. I think that all of the other parks -
I would like to ask the City Manager....
Mr. Carollo: Mr. Gary?
ld 57 MAY11�`7 1982
r 0
Mrs. Starkey:.... what time do all of the other parks in the City of Miami have
closing hours?
Mr. Gary: 10:00 P.M. Mr. Mayor and members of the Commission. The code re--
quaires that the parks stay open from 7:00 A.M. to 10:00 P.M.
Mrs. Starkey: That has...that has been...
Mr. Gary: Excuse me, if I may. The Code also requires that the City Manager
can close a park under certain circumstances that violate the 7:00 to 10:00
P.M. requirement.
Mrs. Starkey: Well I, as you gentlemen know, have been involved with Domino
Park since prior to its inception, because I was very much against the park
being in such a small area at that time. I happened to be very much involved,
because we still do own a piece of property which is next to the parking lot.
My name is Mrs. Charles Starkey, and Mayor Ferre knows me very well. .I have
written to the Commission about this numerous times. The park is too small
for the number of people that have been there. The parking lot which is adja-
cent to the park,is a disgrace. The vacant lot behind our piece of property,
which also has the overflow from the parking lot in Domino Park is a disgrace
because it is nothing but a dump, and nothing is being done. I agree - the
Mariel refugees have endangered that whole area, including myself, because
I have been robbed and mugged right on my own piece of property. I don't
live there. I have very good Cuban tenants when I can get them. I can't
keep tenants there due to the disruption from the parking lot. They sit on
the wall next to my property; they throw their garbage into my lot. I have
had them picked up for trespassing. The judge has turned them loose. They
are right back on our property the next day. The park itself - the people who
go to the park - the elderly people who play dominoes in the park are not the
problem. It is the problem of every other Mariel refugee or bum or vagrant
that is in the park. I have tried for a long period of time to get that park
area cleaned up, even before the Mariel refugees came, because it is a detri-
ment to our piece of property. It is a detriment to the people who live in
the neighborhood. The peole are afraid to complaint, because of the threats
that they have received, like the lady said before. I have received threats;
I am not afraid to come down here and speak to you people, because I am not
afraid, but I have been threatened many times. And the people in the neighbor-
hood, if they have any objections, are afraid for the same reason. You haven't
been around that neighborhood to talk to the people.
Mayor Ferre: Well, wind up your statement, now.
Mrs. Starkey: And I would like very much for whatever needs to be done to clean
up the park and return the neighborhood to the people that it used to belong
to, whatever it takes - if it takes closing the park temporarily, or closing
it earlier. Thank you, very much.
Mayor Ferre: All right.
Mr. Wilfredo Gort: My name is Wilfredo Gort, I reside at 2660 N. W. 14th
Avenue. My family had business at 1602 S. W. 8th Street for twenty some
years. We were the creators of the park. We are very proud of the park
that we created. The property was used as a tourist attraction. The main
reason that park was created, because there used to be an empty lot and peo-
ple played dominoes there and so, working together with the City and Economic
Development, we suggested a mini -park should be built there. At the same
time we are the persons were trying to convert the Little Havana to a tourist
attraction. I agree with what the gentlemen said. Many years ago, families
used to walk up and down 8th Street and Flagler at all times of the night.
What has happened since two years ago, business has been disrupted complete-
ly. People no longer walk in the street on 8th Street, and we want to bring
this back, not only the business in the area, but the residents in the area.
The residents wanted something to do after eating supper. They would go out
and walk around the street. No longer can they do that. They are afraid
of the people that are walking in the area. We are completely against clos-
ing the park, but what we are trying to do in here is trying to get some restrictions,
give some tools to the City so that we can put some restrictions in the area.
I have talked to some of the gentlemen that are here. Tomorrow the merchants
are getting together right across the street from the park. Go over there;
get together with them. We want to work with them. We don't want to close
id
8 MAY 1.1 1922
ld
the park. We've got the Little Havana Activity.Center right on 4th Avenue and
8th Street. We created that -for senior citizens like the persons you were
talking about, so they can go and play dominoes over there, and they will have
a safe place to play dominoes. Believe me, we don't to close it. We want to
turn that into a tourist attraction. That is what we have been doing all along,
We want Little Havana to be the China Town. What China Town is for San
Francisco, that is what we want Little Havana to be for us. That is why we
print all this and we go through all this trouble. What we are asking you is,
let's try it out for a month or two, let's see what happens. We have tried
to do everything and anything that is possible to try to control that. I've
spoken to Mrs. Starkey. She stood in front of me here years back, fighting
this Domino Park. I am very proud of Domino Park. I only think we need to
control it a little bit. And I feel sorry for some of those people that go
there and play, especially some of the senior citizens that go and play there.
They don't have anything else to do. The kids live way out in the southwest
that drop them there; they can play...I believe, my heart behaves this, because we
created it for them. But, unfortuantely, right now, the reason that the park
was created for is not being used, and what we are asking is, give us a chance
to work with you, the Administration, and let's try to come to some agreement
They are welcome to come to a meeting and talk to us, and let's get together.
We want to get rid of the bad element just as much as they do. A lot of the _
old people, the original old people are no longer there, and that is the rea-
son why.
Mr. Carollo: Willy, I, and I think every member of this Commission know the kinc of
work and effort that you have put into Little Havana and this City, and we
commend you for it. At the same time, my feelings, as I stated here, are
very strong, Willy. I think that what we need to do is to make sure that
that whole neighborhood is going to be a clean and safe neighborhood, so that
we can accomplish the things you are talking about; make that area of Little
Havana truly into a tourist attraction like we've all have worked and strived
for. But, the only way that that is going to be accomplished is by stop play-
ing around and not put up with any more nonsense in that area. What I would
like to recommend to the Manager before we...
Mr. Gort: Commissioner Carollo, before you finish...one minute, Mr. Mayor,
just one minute, please. _
Mayor Ferre: We have got to move along.
Mr. Gort: I don't want you to think this was a decision taken overnight.
This is a decision of not only residents and merchants got together, the City
told us: "form your crime watch", because we came to the City and said" "what
can we do to get rid of crime?". "Form your crime watch". We formed a crime
watch and the plan of action that we have, it is not only on 8th Street; we
want to go to Flagler, we want to go to River Drive, we want to go everywhere.
We have identified spots that should be cleared up to get rid of all of this.
This is what we are trying to do.
Mayor Ferre: All right. Commissioner.
Mr. Carollo: Willie, I am not questioning your sincerity. I think your feel-
ings are really sincere, but what I would like to recommend to the Manager,
if I may, is the following: Mr. Manager, what I would like to recommend is
that you create a task force of six Hispanic police officers that will work
that area of Domino Park from the time it opens to the time it closes from 7:00
o'clock A.M. in the morning to 10:00 P.M. at night. Now, I think that by
creating this task force, especially if we have professional police officers
like we used to know a few years back, and I am not talking about the new kind
of police officers that some people are trying to create. I am talking about
a police officer that is going to be a professional, but the police officer
that knows that if he has to grab someone -and stick his shoe behind their
behind, he is going to do it to enforce the law, and if there is any problems
with finding six police officers that meet that category, if you allow me,
Mr. Manager, I would be more than happy to pick six out from our department.
I think that if we do this, Mr. Manager, before the month is up, you are going
to see a complete change in that neighborhood and those elements that are in
that whole area of Little Havana, that are not wanted there, they should not
be there, I am convinced that if we put six police officers of that caliber
there, those people are not going to ever want to come back. At the same
time, I will volunteer my time, if you will come with me, Mr. Manager.
61 f
MAY 111904
r
0
devote my own time to help our police officers patrol and watch that area.
Mr. Gary: I think it is a good solution. I would be happy to join with you
and do that.
Mayor Ferre: All right, we still have this question as to whether or not we
are going to continue this for thirty days or not, and as I sense it, you
want to go back to 10:00 o'clock. Do you want to go back to 10:00 o'clock
at night?
Mr. Carollo: What I would like to is to note this, Mr. Mayor. Let a lot of
those people here know. You have a lot of elderly people here that cannot
speak English well. Now, if I may, anyone that would like to come up here
that cannot speak English well enough, you are more than welcome to speak in
Spanish and someone will translate. (BRIEF COMMENT IN SPANISH)
Mayor Ferre: All right, well, I will tell you what I said before that, Joe,
was that I wasn't going to let any further discussion because we have been
on this now for forty-five minutes. I think we all understand the issues.
We have got over a hundred items and we only have until 9:00 o'clock tonight.
INAUDIBLE BACKGROUND COMMENTS NOT PLACED IN THE PUBLIC RECORD.
Mayor Ferre: You have already had your chance at talking.
INAUDIBLE RESPONSE NOT PLACED IN THE PUBLIC RECORD
Mayor Ferre: Yes, but I have been here since 9:00 o'clock and I am going to
be here until 9:00 o'clock tonight and I have got to go through a hundred
other items where two hundred and two thousand people are involved, and that
is fine, you have already had your say. Now, you know, what I was trying to
do was trying to get a consensus here, so we can get off of this thing and
get on to other issues. Now, we have got two members here that want to leave
it open until 10:00 o'clock, and I have already expressed my opinion against
that, and let's see what the other two want to do, and we will form a con-
sensus right here - Demetrio, or J. L., either one, I don't care.
Mr. Plummer: Mr. Mayor, let me...I have no problem with keeping any park
open until 10:00 o'clock if I am given the assurances that it is going to be
well regulated. The people will enjoy, but not abuse. My only concern is
this. If they are having these sweeps between 17th Avenue and 12th Avenue, what
are you doing but squeezing the baloon and where are these people going to
go? The next month we are going to be confronted with the people from 12th
Avenue to 8th Avenue and from 17th Avenue to 27th Avenue. Are we going to
address the problem that it is a very bad situation at 12th and Flagler? Are
we going to assign a task force and policemen to Virrick Park in which the
problem exists and some other parks that are around? I have no problem keep-
ing it open until 10:00 o'clock, as long as I have the assurances that the
Police Department can cope with the situation and it will not be abused.
Mayor Ferre: All right, then I think since we have a majority of you that
want to keep it until 10:00 o'clock, again for the record, I want to be very
clear. I am not for that. I think that that park should be closed down at
7:00 o'clock at night and we ought to keep it closed for the next thirty
days until we cool that place off. Okay?
Mr. Perez: Can I ask a question, Mayor? Could I ask a question to the Po-
lice Department to same nature that we addressed at the last Commission meet-
ing. Would it be possible to extend, to have the same kind of coverage, the
same kind of protection that the Police Department was supposed to assume if
we extend to 10:00 o'clock?
Chief Alba: Yes, what we have done is actually exceeded that request. Yea,
we can.
Mr. Perez: Yes, because Commissioner Carollo spoke about six members, a force
of six members to protect the area. Okay, I think that Commissioner Carollo
was not here at that part of the meeting, no?
Mr. Carollo: Unfortunately, I was not here at that part of the meeting; that
is correct.
A 90 MM 111982
4
Mr. Perez: Yes, okay, because when we adopted those rules; I think that he was
not here, but I think that the City Manager's office and the Police Department
have instructions to assign a police officer full time for the next forty days,
for the next ninety days. I think that we approved about five different rules,
no? The only variance we are talking about is to extend the period from 7:UU P.M.
until 10:00 P.M., if the Police Department doesn't have any objection that way.
Mayor Ferre: No, they said they have ... he has no problems with that, he said,
so I think that is fine.
Mr. Perez: Okay, that is what you clarified, but let me ask you something.
We are going to keep all of the rules that we approved at the last Commission
meeting?
Mayor Ferre: I don't know. I voted for it.
Mr. Carollo: Can we go with the rules and make them clearer, but before you
start going over this, Mr. Manager, you know, we have heard so much about one
group, the group that has been in favor of closing that park early. We heard
so little from the group that has been in favor of keeping the hours until
10:00 o'clock. Can I see a show of hands here, of all the people that are
here today that are in favor of leaving that park open until 10:00 o'clock
at night? (BRIEF COMMENT IN SPANISH)
Mayor Ferre: Out of courtesy, I am going to let Dr. Theede speak three minutes.
You, three minutes; how many other people want to speak now? Let's open it
up, fine. Okay, now we are going to...
Mr. Carollo: Would the people who are in favor of closing Domino Park at an
earlier hour than 10:00 P.M. at night, can I see your hands please? (BRIEF
COMMENT IN SPANISH)
Mr. Gort: I just want to add something, Mr. Carollo—Commissioner.
Mr. Carollo: I think, Mr. Mayor, you know, I have proven my point.
Mayor Ferre: Joe, I want to tell you that you did miss the other meeting. At
the other meeting, we had a hundred people that felt the other way. Now, I
don't know why they didn't come up today, but...
Mr. Plummer: That is right.
Mr. Perez: I think, Mr. Mayor, that we should call for a public nearing. I
think that if we are going to make a future decision, in order to give the
proper opportunity to everybody, it would be better to call a public hearing
in order that all the parties have the opportunity to be represented, but I
think that Mr. Gort has something...
Mr. Gort: Mr. Mayor, the last meeting that we were here, we had over two
hundred people. We can bring five hundred people here and we collected more
than five thousand signatures. If we are talking about numbers....
Mayor Ferre: All right, I will tell you what. I am going to...
Mr. Gort:....we had them; we had them in record here. I think you have it in
the Adminsitration.
Mayor Ferre: I am going to call everybody out of order. No more discussion.
Here is what we are going to do. All right? We are going to continue on this
process now for thirty days. Mr. Manager. Sir, would you let the Manager
function in this City? Now, Mr. Manager, in thirty days, at the June meeting
or the July meeting, we will call a public hearing, okay? And we will revisit
this issue on the July 8th meeting.
Mr. Carollo; We are talking about...
Mayor Ferre; We will talk about times, and then I will tell you what. We will
call a public hearing. You bring your thousands and the other side will bring
their thousands and we will have a wrestling match or something, and see if we
can...
(111AUDIBLE BACKGROUND COMMENTS NOT PLACED IN hi PLbLIC RECORD)
Q1
411 MAY 111982
e r
Mayor Ferre: That is right. We will have a public hearing somewhere in a
big public auditorium....
Mr. Dawkins: In the meantime...
Mayor Ferre:.... where you can get all your people together.
Dr. Jane Theede: Mayor Ferre...
Mayor Ferre: Yes.
Dr. Theede: Only a word of of wisdom, not controversy..
Mayor Ferre: Dr. Theede for thirty seconds for wisdom.
Dr. Theede: Permit me this homologue. You can take a dog that has fleas with
an allergy and give it steroids and it will quit itching, or you can get rid
of the fleas. Now, I think it is the City's responsibility to get rid of the
pulgas.
Mayor Ferre: All right. All right, thank you very much. Now...thirty seconds,
and that is it! We are finished after you.
Mr. Robert Gomez: My name is Robert Gomez. I want to question the Commission.
If you close the park at 7:00 o'clock, we people who work, when are we going to
go to the park?
Mayor Ferre: Mr. Gomez, it is going to be open to 10:00 o'clock. You've won!
Mr. Gomez: Thank you very much, Mr. Mayor.
Mayor Ferre: What do you ... you have won your point. All right, we will meet
on this in July. In the meantime, we will have the fence up, lights up and
then we will see what happens.
INAUDIBLE BACKGROUND COMMENTS NOT PLACED IN THE PUBLIC RECORD.
Mayor Ferre: AT THIS POINT MAYOR FERRE PROCEEDED TO ADDRESS THE AUDIENCE IN
SPANISH.INFORMING THEM OF THE DECISION TAKEN.
Mr. Perez: AT THIS POINT COMMISSIONER PEREZ PROCEEDED TO ADDRESS THE AUDIENCE
IN SPANISH.
Mrs. Charles Starkey: Would you repeat that in English, please, so that the
American speaking people could understand what you just said? Thank you.
Mr. Perez: What I tried to say is that it is very important that we have
to be proud of our identity. All of these people are decent persons. We are
very proud of the efforts of these people. We are very proud that these peo-
ple express their own concerns, but we have to work together as a united com-
munity and we have to work for the future...the betterment of this community.
Mrs. Starkey: Thank you very much. I agree with that.
UNIDENTIFIED SPEAKER: Mr. Commissioners...
Mayor Ferre: No, we have iust...no, sir, you have already had your opportunity
to talk.
UNIDENTIFIED SPEAKER: (BRIEF COMMENT IN SPANISH)
Mayor Ferre: No, you are out of order. You are out of order.
Mr. Carollo: Mr. Manager, if...
Mayor Ferre: (BRIEF COMMENT IN SPANISH). You are out of order. This man is
out of order. Mr. Manager, do I need to call on somebody from the Police De-
partment?
Id Q" 2
MAY 111982
Mr. Carollo: The park will stay open until 10:00 P.M. at night. (BRIEF COMMENT
IN SPANISH). On July 8th we will have another meeting to discuss this issue
again and anyone that is interested in this issue, I suggest that you be here.
Mayor Ferre: All right, this issue is now over with. Let's move on.
Mr. Carollo: Mr. Manager, if we may, tonight at 9:00 P.M. when we are done
here, you and I will spend the first hour patroling that area.
Mr. Gary: All right.
Mayor Ferre: Now, I want to say something to the Clerk. Number one, all
public speakers only have three minutes. When they start speaking, you put
on that microphone. And, the second thing is, when somebody speaks out of
order like that gentlemen, please cut that microphone off.
Ms. Hirai: Yes, sir.
36. BRIEF DISCUSSION I;i COI ?EC"ION WIT:: PROPOSED DATE FOR THE
DEDICATION OF TACOLCY PARE.
Mayor Ferre: Item "H" - Otis, we have been at this, and I am sorry we held
you up all day now. What is your recommendation for the opening day?
Mr. Otis Pitts: Well, originally my board met on April 19th, and they wanted
to meet on the 30th of May, but of course it is a holiday weekend, and we
were not sure that would not inconvenience all of you. If it does not, and
you want that date - if not, we will take the 6th.
Mayor Ferre: Did you say May 16th?
Mr. Pitts: May 30th.
Mayor Ferre: Oh, May 30th.
Mr. Pitts: Because the Wednesday afternoon inconvenienced the community.
Mayor Ferre: The problem is that I will not be ... well, maybe I will. I will
be here during the day. Is May 30th acceptable to you for opening up
Tacolcy Park?
Mr. Gary: Dedication.
Mr. Pitts: Dedication of Tacolcy.
Mayor Ferre: Is that a bad day for you?
Mr. Pitts: Sunday is the best day for our community. Of course, the Wednes-
day afternoon, at 12:00 o'clock noon, I mean the community is just not going
to make that.
Mayor Ferre: May 30th is the day you prefer, right?
Mr. Pitts: Yes, it is.
Mayor Ferre: Is that all right with you?
Mr. Plummer: Well, Mr. Mayor, I am almost certain....
Mayor Ferre: Do you have a problem with May 30th?
Mr. Plummer:....I will be out of town that weekend, but I don't know if you
can get everybody...
Mayor Ferre: That is a holiday, you know. That is Memorial weekend.
id
93 MAY 1 1 1982
Mayor Ferre: You will be out of town? All right, let's pick another date,
then.
Mr. Pitts: Okay, the 6th of June.
Mayor Ferre: I won't be here.
Mr. Pitts: Will you be here then?
Mayor Ferre: No, I am sorry. I will be gone to the 15th of June. I will be
gone for two weeks.
Mr. Pitts: Well, a Sunday is a preference of our board.
Mayor Ferre: Well, you don't need me. You can have it...
Mr. Pitts: Well, we are talking about the 6th of June, if the 30th is a bad
day for the Commission.
Mayor Ferre: You are talking about the 16th of June?
Mr. Pitts: No, the 6th of June.
Mayor Ferre: Well, you can have it on the 6th; I won't be here, but that is
all right.
Mr. Gary: What about May 23rd?
Mr. Plummer: You are going to send me to Detroit.
Mayor Ferre: You won't be here either.
Mr. Gary: What about May 23rd?
Mayor Ferre: May what?
Mr. Gary: What about May 23rd?
Mayor Ferre: I have no problem with May 23rd.
Mr. Pitts: May 23rd? Fine.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED IN THE PUBLIC RECORD)
Mayor Ferre: What is your problem with May 23rd?
Mr. Gary: You have a dedication on May 22nd at Coconut Grove Mini. which
means you will be doing it ... I am just informing you if you want to be tied
up for two days on a weekend. I just want you to be aware of that.
Mayor Ferre: I will tell you - I would rather do it that way then to do it
and kind of get another weekend.
Mr. Plummer: How about doing them both on the same day?
Mayor Ferre: Fine. What is it we are doing on the 22nd?
Mr. Gary: Coconut Grove Mini -park.
Mr. Pitts: Mrs. Range is on our board, and she is involved in many of these
things and....
Mayor Ferre: Mrs. Range, is the 23rd...Sunday..., is that all right with you?
Is that all right with you, Otis?
Mr. Pitts: Yes, just fine.
Mayor Ferre: Does anybody have any problems with that? Do you have any pro-
blems with that? Anybody? Miller? All right, it is May 23rd, okay? 982
id MAY 11 I
Mr. Pitts: Fine. Thank you very much.
37. RATIFY CITY M4AGLR' S NEGOTIATION AND GE—L LLII'1EITTS/
COUNTERCLAIMS WITH MIAMI CENTER ASSOCIATES,INC.
-DELAY IF COMPLETION OF THE CONFERENCE AND COt7VENTION CEITTER.
Mayor Ferre: The last one is James L. Knight Center. Mr. Manager?
Mr. Gary: Mr. Mayor, I have before you a proposed agreement that has been
reached between myself and the developer.
Mr. Plummer: What about ASTA?
Mayor Ferre: We will have to come back to that. Yes?
Mr. Gary: The developer...for a little history, I think it is important that
we had a dispute with regard to the 2.5 million dollar improvements that staff
contended was to the benefit of the developer, and as a result of that dispute,
there was a proposal by our attorney (outside legal advice) that we should go
for declaratory judgement. At that time, we were informed that the developer
would have problems getting refinanced for the project, and therefore put the
project in jeopardy, as well as stall completion of the project. City Commis-
sion directed Administration to sit down and negotiate all disputes, to see
if we could resolve those disputes, and open the project up on a timely basis.
As a result of our negotiations, the developers came in with a claim of approx-
imately 34.6 million dollars and the City came up with a counter -claim of
approximately 37.7 million dollars, therefore we drew our lines. After the
initial meeting, the developers' claims were adjusted by removing certain items
that were agreeable to the Administration which brought the figure down from
34.6 million, down to 20.8 million dollars. One of the items in the 20.8
million dollars was the pre -opening expenses, which really was not a claim,
particularly in view of the fact that the contract required that the City
would pay half of $500,000 and the developer would pay the other half, and
that any additional cost would be born by the City, upon approval of the
City Commission. It should be noted that it was contingent of the City Admin-
istration, that we would not proceed with any negotiation, or settle any agree-
ment until the developer unequivocally agreed to pay the 2.5 million dollars,
which the City contended was to the benefit of the developer. The developer,
after considerable soul-searching agreed that he would pay the 2.5 million
dollars, and at that time, we continued the negotiation. It should be noted
that based on historical litigation with regard to claims with regards to
construction delays, courts have usually found that the City or the owner is
liable for 50% of the cost over -runs and the developer and the construction
manager being liable for the other 50%. It is our contention that because
the developer was also the construction manager, that he should bear two-thirds
of the cost of over -run expenditure. After considerable deliberation, the
developer finally agreed that he would incur two-thirds of the almost 20 mil-
lion worth of cost over -runs, which total approximately 13.3 million dollars
and the City would incur an additional 6.6 million dollars of 20 million dol-
lars. It should be noted that of the 6.6 million dollars, 2.5 million of that
is already taken as a credit, and that the City would have to come up with a
net additional amount of 4 million dollars. In addition to that, the City
would also have to come up with 1.1 million dollars, which is not disputed
costs, which is the pre -opening expenses which, according to our contractural
arrangement with the developer would be the cost of the City. So, the bottom
line is that the City would have to come up with 5.25 million dollars. In
addition to that, the developer, in addition to his 13.3 million dollars, the
developer has agreed that he would pay $15,000 per month, due to the delay
in opening the City garage, and as you all know, our revenue bonds were sold
under the premise that the facility will be open August 1st, and we would
therefore receive revenues in order to retire the debt. That facility will
be late. The developer will be responsible for paying the $15,000 per month
revenue that was anticipated because of the revenue bonds, until that parking
garage is open. Secondly, the developer will also be responsible for up to
$500,000 in overtime funds, that will be needed in order to allow the employees
to work overtime to allow the facility to open on a timely basis.
Id 95 MAY 111982
r r
Mayor Ferre: Is that going to be...your estimate is a half -million dollars?
Mr. Gary: We have put a liability on the developer in this agreement that
you had to pay up to a half -million dollars. Anything over half -million dol-
lars would be ours, but up to a half -million, he is responsible for.
Mayor Ferre: How much do you feel it will be, realistically?
Mr. Gary: Well, Mr. Mayor, that is hard for me to tell, but however, in a
meeting we had with the developer and a construction man and a contractor,
they felt that $500,000 in selected overtime would be adequate to meet our
needs in terms of opening that facility on a timely basis.
Mayor Ferre: All right, do you have anything else you want to tell us?
Mr. Gary: No, I would suggest...I am recommending this proposal and the
developer is aware that my signature is not agreement. The City Commission
has to take formal action. In terms of financing the City's portion, the
agreement requires that the funds be paid on or before June 1st. It would
be my recommendation that if the City Commission accepted this proposal, that
we finance this through the Capital Improvement Fund by the following method:
That we borrow the entire 5.2 million dollars from our Capital Bond Program,
to be loaned to the Capital Improvement Fund and that it be paid back over
the next two years back to the Capital Improvement Fund.
Mayor Ferre: From Florida Power and Light?
Mr. Gary: Florida Power and Light, yes sir.
Mayor Ferre: By the way, before the end of the day, I want you to bring me
up date what Clark Merrill has done, or whoever it is you assigned to start
negotiations on that.
Mr. Gary: Yes, sir.
Mayor Ferre: All right, any questions? Any comments? What is the will of
this Commission?
Mr. Carollo: Mr. Mayor, I move that we go along with the recommendations
that have been given by the City Manager in this matter.
Mayor Ferre: Is there a second to the motion? Is their a second to the Man-
agers recommendation?
Mr. Dawkins:
Mr. Gary: I need a second.
Mayor Ferre: He made his report...
Mr. Dawkins: I second.
Mayor Ferre: All right, we have a second. Is there further discussion?
Mr. Perez: What item?
Mayor Ferre: We are on Item "J", which is the James L. Knight/University of
Miami/City of Miami International Center. In other words, it is along nego-
tiations that have been going on and the Manager is recommending that we con-
clude it. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-379
A RESOLUTION RATIFYING THE CITY MANAGER'S NEGOTIATIONS
AND SETTLEMENT OF CLAIMS AND COUNTERCLAIMS IN THE AMOUNT
OF $5,250,000 BETWEEN THE CITY OF MIAMI AND MIAMI CENTER
ASSOCIATES, INC. BY ITS PRESIDENT, EARL S. WORSHAM, RE-
GARDING THE DELAY IN COMPLETION OF THE CONFERENCE AND
CONVENTION CENTER AS EVIDENCED BY THE ATTACHED LETTER OF
INTENT BETWEEN THE PARTIES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.) MAY 11
ld
96
i
Is s
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
ON ROLL CALL:
Mr. Plummer: I guess it would be called the best of a bad situation; nobody
is a winner. We have no choice but to vote "yes". We have no choice.
Mayor Ferre: Before I vote, let me put into the record my statement. First
of all, it has been a very difficult, very difficult, long negotiation. The
City of Miami...as a matter of fact, no city in the State, and no government,
including the State government has ever done a more complicated deal. This
is the most complicated thing that anybody has put together. I am not too
sure, even though I am the author of this private -public joint venture
Convention Center that I would go through it again. It has been a horrendous
experience. On the other hand, we are going to end up with a property that
in my opinion, is worth substantially more than the 65 or 70 million dollars
we will have in it. It will be probably the center, in many ways, of downtown
Miami. It will bring jobs and tourists and people back to downtown Miami. It
is without any question, if you believe in synergistic energy, where things are
tied together, one with the other, the single most important thing that we
have done in Miami in the last twenty years to get this convention - conference
center going. That has brought the development of Dupont -Plaza and the billions
of construction that is going on in downtown Miami. I don't like to see a
5.5 million dollar or 5.2 million dollar additional over -run. On the other
hand, I think that it is, as J. L. Plummer said, the best of a bad solution,
but I really don't think it is that bad, long term, because I think that if
you look at what we have invested, and what we get back, what we get back is
a lot better than what we put in. I would like to say two other things. First
of all, I want to commend Earl Worsham for having really bitten the bullet. He
could have stuck us for over 30 million dollars, and let me tell you what
would have happened. Now, that it is all done and over with, if he had sued us
for 37 million dollars, and we had counter -sued for the same amount of money,
and if it had gone to a jury trial, it is my opinion from a lot of experience,
that we would have ended up splitting it down the middle, and it would have
cost us 15 million dollars, probably, and a jury trial three years from now,
and after having spent a million and one-half dollars in legal fees, so I want
to tell you that I think this is a happy settlement for the City. I want to
thank Earl Worsham and his partners for having had a forward look, and I
realize that you did it looking forward to other projects that are coming
along. Lastly, I want to commend the City Manager, and I want to say that I
have been in the private and public sector for (I am 46) for twenty-five
years, and I want to tell you Howard, in all... and I say this very sincerely...
along with (and I have got to say this), along with Joe Grassie's handling of
that contract up in Springfield, Massachusetts, when this project was on the
verge of going down the drain, and took a lot of hustling and running around,
back and forth between lawyers' offices and New York, and that saved the day,
and I think you have saved the day again. I would say that this is has been
one of the best negotiations that I have seen for the public and for the
people, and I want to commend you and congratulate you for having done one
hell of a job, and I vote "yes".
Mayor Ferre: Now, you see, the moral of the story is this. 50 million dollar
things we can dispatch in five or ten minutes. Now, little things, like
whether we keep a park open for an hour, or two, more or less, that takes two
hours.
Id
MAY 11 198
Pik
CONTINUED DISCUSSION: AUTI1ORIZIIIG AMENDME1NT,TO AGREEnNT WITH
38. FULLER A11D SADAO, P.C., FOR PROFLSSSIONAL SERVICES IN TI:E
BAYFRONT PARK REDEVELOPIMNT PROJ^,CT BASED ON RrVISED MASTM
PLAN AND =11ADED SCOPE OF SERVICES. (SLL LAVE'L 20)
Mayor Ferre: Now, we can get back to Item "C" and "D". Now here is where we
left it. As I understand, Joe, who was willing to cut it down the middle,
and Demetrio wanted to make sure that there was an international flavor to it.
He wanted to talk to the Manager and as I understand it, you are recdy to vote
on it now.
Mr. Perez: I am thinking that way, but I think that it is very important that
we should give it the international flavor of this project. I am very concerned
on that park. I accept on that basis.
Mayor Ferre: Okay. All right, Commissioner Carollo, we are back on the park
now. We have accepted your recommendation of splitting it down the middle,
and approving $257,000 for now, and Commissioner Perez is seconding your
motion. Is there further discussion?
Mr. Dawkins: Yes, further discussion.
Mayor Ferre: Go ahead.
Mr. Dawkins: Can I amend the motion?
Mayor Ferre: Yes, sir.
Mr. Dawkins: To say that...I would like to see a minority member get a mini-
mum of 20% of the technical work with this grant.
Mr. Perez: Yes, I second that.
Mayor Ferre: All right, there is a second. There is a ...
Mr. Plummer: Well, let's be clear on that, because I don't want anybody
going away confused. I stood here and heard Mr. Pancoast state that 50% of
his firm, right now, is minority member, so in effect, what you are doing is
reducing it by 30%.
Mr. Dawkins: Okay, then let me rephrase my amendment. I would like to amend
the motion to state that minority businesses with an income of less than
$250,000 be awarded 20% of the technical. aspect of this grant.
Mayor Ferre: All right, with that as an amendment, would you accept that?
Mr. Perez: Well, do you want it with less?
Mayor Ferre: In other words, what he is saying is 20%. That is acceptable.
I think we can live with that. 20%, all right? That is acceptable to me.
Is it acceptable to you, Joe? Okay, all right, let's call the roll on it.
Mr. Plummer: Mr. Mayor, under discussion, I just want to reiterate on the
record, I am voting against the motion and the reason that I am, I have not
seen any definite and concrete participation by the private sector. We are
now into this project almost a million dollars, and when I asked the question,
**How much has been pledged, how much is in the bank?", the answer to both
questions was "zero". I am dreadfully concerned that we are going to find
ourselves in another promise by Gould, and we will come out with nothing.
Mayor Ferre: Gould has got nothing to do with any of this.
Mr. Plummer: No, no, no. Mr. Mayor, I am using that as an example, okay?....
Mayor Ferre: Well...
Mr. Plummer:.... that we are talking about, that we are going to be promised,
and you know who is going to have to pick up the tab when this doesn't happen,
and the tab is going to be picked up.
Id 4s
LI/MAY 111982
Ll
LJ
Mayor Ferre: Plummer, Gould happens to he against this...that phase of the
project.
Mt. Plummer: Mr. Mayor, excuse me for using Mr. Gould.
Mayor Ferre: Gould is happy with your "no" vote.
Mr. Plummer: The private sector. The private sector, okay? And if the pri-
vate sector does not come up with at least, I think it was 40%, which was
promised, the taxpayers are going to have to pick up the other 40%, and that
is what scares me.
Mayor Ferre: Further discussion?
Mr. Plummer: If we had some participation in the private sector, I would think
differently.
Mr. Carollo: Mr. Mayor, I would like to make one more statement for the re-
cord, and under these conditions, as I said before, will be the reason why I
will go along with the motion that I originally made, and is before us now.
If Mr. Gould does not live up to his commitment that he verbally gave to our
Administration and one million dollars for that park.
Mayor Ferre: He said a million dollars t you?
Mr. Gary: That is when we were talking about the parking arrangements, and
you put a million dollars for the fountain.
Mayor Ferre: No, but he never committed a million dollars, did he?
Mr. Plummer: That is what he said he would do.
Mr. Gary: He came on the record and he said he would do a million dollars,
but we never did get it in writing.
Mr. Carollo: If he does not live up that verbal commitment, I believe that
a man is only as good as his word, then what I want to see done is that on
the extreme right hand side of the park, the park that is closest to his
multi -million dollar project. I don't even want to see enough room for an
ant to squeeze by. I want all of his clientele to have to walk around to the
other end, or at least half way of that park in order to be able to get into
it. I think that is the only message that we can send to Mr. Gould that he
will understand.
Mr. Plummer: Are we going to give him a time limit?
Mr. Carollo: No tickee - no laundry!
Mayor Ferre: All right, further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 82-380
A RESOLUTION CONDITIONALLY AUTHORIZING THE CITY MANAGER
TO EXPEND UP TO $270,500 FOR THE PRINCIPAL'S FEES (50% OF
NEGOTIATED FEE OF $541,000) FOR ADDITIONAL PHASES OF THE
WORK BY FULLER AND SADAO, P.C. IN CONNECTION WITH BAYFRONT
PARK REDEVELOPMENT PROJECT; AND FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AMENDMENT TO THE PROFESSIONAL
AND TECHNICAL SERVICES AGREEMENT WITH FULLER AND SADAO, P.C.
DATED 1/19/82 IN CONNECTION WITH SAID PROJECT.
(Here follows body of resolution, omitted here and on file
on the Office of the City Clerk) .
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
4g
MAY 111982
Id
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YES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None
AFTER ROLL CALL:
Mr. Carollo: Mr. Gary, to clarify ... my motion was understood, I would hope,
if by an appropriate time frame, Mr. Gould does not come up with that one
million dollars that he gave his word on, that I want those plans to be re-
done, so that there is no entrance or exit....
Mr. Dawkins: By the same token....
Mr. Carollo: .... by the right-hand side of that park.
Mr. Dawkins:....by the same token, Mr. Manager, I want it understood that
this morning Ur. Pancoast definitely said that he would have no minority par-
ticipation when I asked him, so therefore, if he would not accept the 20% that
we have put in this motion, then his bid is out.
Mr. Plummer: Well, the motion was predicated upon that.
Mr. Gary: Yes, sir.
Mr. Plummer: I need to ask a question. Mr. Manager, I also heard Mr. Pan -
coast make statements this morning that he really has had no real direction
from this Commission. I think one of the things we better solve pretty damn
quick, because everytime you go back to an architect and say "Do this, or
change this, or change that", they readily agree with you and then comes the
check. There is the bill! Has a determination been made by this Commission,
(and I am not saying which way I am going to vote), as to the public library
building. Is it going to stay, or is it going to go? To my knowledge, this
Commission has not given a direction, and I want to tell you, I would assume,
Lester, at this point would be assuming that it is staying, and would design
in a certain manner. Now, I am saying that before he gets to these final
drawings, this Commission better give some direction, or write another check.
Mayor Ferre: I think the way to do that, if I may, is to put that to a public
hearing sometime in the summer, maybe in June.
Mr. Plummer: Well, when does his contract start?
Mayor Ferre: Well, his contract started. We spent a million dollars so far,
J. L.
Mr. Plummer: I understand that, but when is he going to start going to final
drawings?
Mayor Ferre: He is nowhere near that.
Mr. Gary: No.
Mr. Plummer: Mr. Pancoast, for the record, please, at the present time, what
is your assumption in relation to that building?
Mr. Lester Pancoast: Well, my work depends entirely on what Isamu Noguchi
does, because he is the designer of Bayfront Park. I am an associate.
Mr. Plummer: Well, but you see, I also vividly recall one time that there
was a statement made, and I could be mistaken, but I think remember, that
Mr.Noguchi said "If that building stays, he was going to walk". Kitty, am
I out of...
Mayor Ferre: No, I think you are right, but I want to tell you also....
Mr. Plummer: Well, I think somebody better start...
Mayor Ferre:.... well, no, somebody,is this, Mr. Plummer. The Commission has
taken a formal... there has been a formal motion of this Commission, and it is
two years ago, specifically stating that we were going to tear that library,
Ld 100
V MAY 11 t982
so now for us to reverse that decision...
Mr. Carollo: And the vote was four to one, if I recall.
Mayor Ferre: That is right. That is correct, sir.
Mr. Carollo: I was the only one against it, Mr. Plummer.
Mayor Ferre: You are absolutely right.
Mr. Plummer: No!
Mr. Carollo: Yes, sirl You voted for it; I voted against it.
Mayor Ferre: I just want to tell you that that is the official position of
the City of Miami until somebody reverses it.
Mr. Plummer: Well, Mr. Mayor, then let's do this, okay? Why don't we schedule
a public hearing.
Mr. Carollo: I am glad you saw the light two years later.
Mr. Plummer: Heh, let me tell you something! Mr. Mayor, I will make a motion
at this time that at the June 17th meeting that a public hearing be held in
matter relating to a decision by this Commission as it relates to the public
library, a building which was built to the tune of one million dollars.
Mayor Ferre: I think that the proper way of doing this is to reopen the issue
of the library.
Mr. Plummer: Schedule a public hearing. I think it is the best way.
Mayor Ferre: That is fine. Now, the only thing that I would want, J. L., and
I would ask that once we vote on the 17th, that if it is a vote to remove the
library, that a year from now, or two, (I don't mean this in a disparaging way),
but that you don't forget, or somebody else doesn't forget and we want to go
through this whole thing all over again. Now, this is the second time around.
We have already went through this process once; a vote was taken, and now we
want to retake the vote. You are entitled to that, but I would hope, the next
time around, that if it does pass, and I am not... from the rumbles now, it is
not going to pass, but that kills the whole project and if we are going to have
a dead project, let's get on with it and get it dead, so that we can not spend
any more money. Okay?
Mr. Plummer: Right, so we will have a hearing on the 17th of June....
Mayor Ferre: Now, this Commission has already taken a position on this matter.
This would be a reversal of that position, is that what you are recommending?
Mr. Plummer:....or the 24th? We are having a second public hearing, yes, where
that could be the possibility.
Mayor Ferre: Well, what happens, I would hope that we would not have a third
public hearing.
Mr. Dawkins: Well, what happened, Mr. Mayor, and if as you say that the vote
is....
Mr. Plummer: We have two new members.
Mr. Dawkins:.... for the library to stay, and Mr. Nuguchi does walk, where does
that put us?
Mayor Ferre: We are down the drain a million and one-half dollars and I would
imagine...
Mr. Dawkins: Well then, let's not pay him no more, so that it won't be down
the drain anymore until this is settled.
Mr. Carollo: Mr. Mayor, I understand what Plummer is trying to do. It reminds
me of what my former colleague, Gibson used to say: "If you can't get in the
front door, get through the back door".
101 MAY 11 1902
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Mayor Ferre: Oh, kill it! God damn it, I am sick and tired of Micky Mouse.
Kill itt Let's kill it right now. You want to kill it? Make your motion to
kill it. -
Mr. Dawkins: Kill what?
Mayor Ferre: Kill the project.
Mr. Dawkins: I make a motion that the Nuguchi project be killed as of now,
henceforth and forever more.
Mayor Ferre: Is there a second? Is there a second to that motion? Go ahead
and kill it right now. Is there a second?
Mr. Plummer: I will discuss that matter on the 17th of June, at a public hearing.
Mayor Ferre: All right. We will now have a public hearing on the 17th, second
time around on the library. Further discussion? Do we need a second on that,
to schedule a public hearing?
Mr. Gary: You don't need it.
Mr. Plummer: It is agreed to.
Mayor Ferre: Okay. All right, we are now on Item 9(a).
39. PERSONAL APPEARAIIC": RONNIE BROOI: RE: PROPOSED LEASI14G OF
PORTION OF VIRGIIIIA KEY. LNSTRUCT MANAGER TO DRAFT NIXESSARY
DOCUMENTS AND ADVERTISE FOR BIDS IN CONNECTION TFERZWITI'_.
Mayor Ferre: Okay, Ronnie Book?
Mr. Carollo: Mr. Mayor, can we have a two -minute recess?
THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS
AT 5:35 P.M., reconvening at 5:44 P.M., with all members
of the Commission found to be present.
i
Mr. Ronnie Book: For the record, my name is Ron Book. I am with the lawfirm
of Sparber, Shevin, et al. I represent Hernstadt Broadcasting and Community
Services Broadcasting, Inc., also known as WKAT - AM radio and WMBM - AM radio
stations located here in Miami, and we are coupled with Miami Center as far as
our request today for a lease on a small piece of property on the land fill,
or dump on Virginia Key. I would like to briefly introduce some of the people
that are here with us today - one of the owners of WMBM radio station, Allen
Margolis; Howard Preamer from WKAT, station manager; Mr. Phil Yaffa from Miami
Center; and Arch Smith, Vice -President for Enginnering for WKAT radio station
who will be speaking later. Just briefly on the project, WKAT and WMBM radio
stations both experience very similar problems in their ability to continue to
transmit signals in the South Florida community. As it relates to WKAT, this
is the first radio station on Miami Beach and it is operated from its present
site on Bay Road since 1937. Encroachment of hi -rise structures, the Maverick
operation of the Cuban radio station on the same wave length, and deterioration
of the WKAT ground system all combine to force WKAT to accept the low trans-
mission ability at present, or to seek a new transmission site to enable them
a to be heard throughout the community. WMBM too, has a very similar problem.
Its coverage has become very limited because of the nearby high-rises that
obviously were not in existence when the station was originally built, and
they also suffer from the deteriorating ground system and there are existing
buildings now over the entire area where their original ground system was
laid. Additionally, as it relates to WMBM, as it relates to the South Beach
redevelopment project, there have been no provisions made for any transmission
site in that area for them. They have over the years attempted to purchase
another piece of property in the Beach area to relocate their station and
their tower. Unfortunately, they have not been able to acquire enough property
102 MAY 11 1� 2
in any case. I want to say that these entities are very unlike a normal
business entity, as I am sure you are aware. They are public service entities,
as opposed to a regular business, and they are so, you know —by seeing there
license is accepted, that that is the case. Briefly I just want to point out...
INAUDIBLE)...
Mayor Ferre: Mr. Book, you are almost out of your five minutes, that we have
allowed here for...I think you had better get right to the point.
Mr. Book: In order to move that with a four mile area, (INAUDIBLE)
We looked at seven sites that we felt would be acceptable to the community and
to the City, and (INAUDIBLE) and the one down here (INAUDIBLE).
This area here is all mangrove.(INAUDIBLE - SPEAKER OFF MICROPHONE)
Mr. Carollo: Excuse me, Ron, if I may. Can you limit your presentation to
your clients and have Mr. Gould's attorney, maybe present what they want to
do, if it could be possible?
Mr. Book: There is one of the projects in the building in the center which
would house all the electrical components for frankly, both projects - just
so that you are aware of it, and that is there. You have got road access,
which obviously we would be in need of, and I will let Mr. Yaffa discuss some
of the other needs that they have as it relates to
Mayor Ferre: Before we got to you or to Mr. Yaffa, we have got two...are you
concluded with your basic statement, Mr. Book?
Mr. Book: I stop at this point, sir.
Mayor Ferre: All right, we have got two problems. One is a legal problem,
the other one is a design problem, okay? The design problem is...I want to
make sure, that this does not interfere with any future design use of that
very important —and I know that this is your baby, J. L., and I want to make
_ sure that along with you, that we don't end up with having a screwed up park
j here, because in the middle of it we have a tower with guide wires, or what-
ever, or a tower of some sort. I want to make sure that that meets that de-
sign criteria, that this is not hurting our future park in any way.
i
Mr. Carollo: This is top priority, Mr. Mayor, definitely. That is top
j priority.
Mayor Ferre: All right, now, the second thing that I need to ask, is since
now we have a legal statement which says that a leasing to a radio station
to put up a tower is not a public purpose, and since the only way, since we
are bound by Charter Section 53(b) to go out to competitive bidding, and it
is a long complicated mess as to how we do all of that, that the only way
that we can do this, Ronnie, evidently is if it serves a public purpose, and
a radio tower is not a public purpose as defined. Now, we need to have a pub-
lic use, and if it happens to be that the tower is there, that becomes an in-
cidental use of it, that is all right. Let me read you the specific statement:
"The installation of a radio tower in and of itself does not
constitute a public purpose, however,, if the private use of
the tower was an incidental to a public use or purpose, it
would be legally permissible".
If the City's Communication Department were to make use of the proposed towers
for the City's communication system along with the radio station use, then the
public purpose concern would be satisfied, so we need to address the fact that
this is mainly a public purpose use, and that it will be that we will have
access and usage of these towers for our radio communications system. Now,
the third thing is the deal itself. What is it that you are offering to the
City of Miami, and the question then comes up to other users, and I know that
Mr. Gould and his people are going to be coming up for a similar request. I
want to make sure that we are approach this thing in a just way.
Mr. Book: First of all, speaking to the public purpose part of the issue...
Mayor Ferre: Now, I think the first thing we need to talk to is, I need to know
from the Administration if this conflicts with the future plan of the usage of
that park.
ld 103 MAY 11 19 2
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Mr. Gary: Mr. Mayor, they have been meeting on numerous occasions with our
Parks Department and this does not conflict with the plans that we have for
the park for recreational purposes.
Mayor Ferre: Well Howard, I want to tell you that I am totally opposed to
that.. -you see that "T"? It isn't that it takes ten acres. This screws up
thirty or forty acres. What do you do with the little area that wraps around
the back side of the "T"? That is wasted area. I mean, I don't mind your
using this if you use the land right up that abuts against the mangroves on
the road. Why are you leaving us with a little green area. See, you have it
the way it is now, which is an unused park, but what you are doing, is you
are in effect ruining that whole section there, and what I want you to do,
is to go up to the furthest corner and abuts right where the road is, why
in the world do you need to destroy all of that usage of that land - you know,
that is useless land behind it. Why don't you go right to the corner?
Mr. Book: Are you talking about up to this point right here?
Mayor Ferre: Sure. What do we do with that green area in between?
Mr. Book: Well, one of the problems is ... I don't believe that that makes
that particular piece of property non -usable, okay? What we are asking for
is for a three -acre lease and then and easement for the area in which you are
putting your guidewires in. I don't have a problem moving back a little bit
with it.
Mayor Ferre: Fine. You should put it up against the road, Ronnie, and then
we don't ruin...
Mr. Book: The only concern that I have got obviously, is that we can't en-
croach on the mangrove area at all and...
Mayor Ferre: Not even for a guidewire?
Mr. Book: I don't think so.
Mayor Ferre: Can you put a guidewire there?
Mr. Book: I don't think you can do anything that would lift...
Mayor Ferre: We are talking about one little concrete thing with a guidewire
on it.
Mr. Book: If we could do it without upsetting the mangroves, we are okay. I
mean, we don't have any problem. I will go back as far as I can go back. I
just don't have a problem with that all.
Mayor Ferre: If we can't do it, then I go along, but you see what you are
doing, you are getting a lot more than three acres, because the whole stuff
around it is really unusable.
Mr. Book: Okay, we will go back as far as we can go back. If you want me to
speak to the public...
Mayor Ferre: Mr. Kern - question to the Administration is very specific. Does
this in any way harm your future use of this property?
Mr. Kern: It is not in the way of any of our proposed plans. It is in the old
City dump site.
Mayor Ferre: So, you don't have any problem with this?
Mr. Kern: No.
Mayor Ferre: Okay. So that answer for me, number one. Number two you can
address.
Mr. Book: Number two, dealing with the municipal entities and some public pur-
pose, there have been some problems with your Miami Fire and Police in their
communications system, as has there been with the Florida Marine Patrol and the
Florida Department of Transportation. We are offering to the City and to the
Marine Patrol and to the Florida Department of Transportation the use of our
� �4
MAY 11 1982
•
tower exclusively for whatever transmission needs that they have.
Mayor Ferre: That is acceptable to me and if it is acceptable to the other
members of this Commission, and Mr. Percy, if you will tell me that that is
sufficient public use, to make... —
Mr. Percy: That would satisfy the public purpose concern.
Mayor Ferre: Thank you, sir.
Mr. Plummer: With the City of Miami being the first priority.
Mr. Book: Of course. City of Miami has the first priority on that.
Mayor Ferre: All right, now talking about three. What is the deal. What are you
offering?
Mr. Book: Okay now, what we would suggest offering to the City for our part of
the lease is ... and let me say to you that you raised the issue of other stations
to me directly, and I think you made an inference to it...we have no problem with
other stations who have a need in the future, if our tower is compatible with
them, to go up on our tower alsot and there have been several people that have
contacted us with respect to that, and we have told them that we have met with
the Expo-500 people, and told them that we would work with them to meet any
needs that they feel that they have.
Mayor Ferre: Let me be specific to you, Ronnie. You got a station that talks
to the Black community, mainly. You got a station that talks to the White
Anglo community mainly, which is WKAT. You don't have any Latin stations. Now
WRHC, for example, as I told you, told me that when Castro begins playing a-
round with the frequencies, it may affect WRHC. Now, WRHC happens to be a
very important radio station to the well being of this community.
Mr. Carollo: It is the largest radio station of any in audience in the State
of Florida, and nineteenth in the United States.
Mayor Ferre: At the present time, they have got an antenna field somewhere
out in the west part of town, and they don't need this, because their beam
is going to the west going east. It may be however, that eventually they
may need to reinforce that beam and go in the opposite direction. Now, I
know that they have problems with that because ... Mr. Book, I am not going to
force you on WRHC. I am just saying, I realize there are technical problems.
The technical problem is that their beam would interfere with another station
further up in the country, and therefore they can't beam in that direction,
they have got to beam the other way.
Mr. Book: That is correct.
Mayor Ferre: I understand all of that. Well, if they ever work out their
problems where they can technically do it, like changing the frequency, or
doing something, you don't know what is going to happen in the next five
years, when Radio Marti goes and then the Cubans start bombing us back, and
what have you, you know? So, all I am trying to say is, that I want to make
sure that we understand that this is going to be flexible enough where, on
a first come, first serve basis, and technically it has got to be acceptable,
that there has got be a future for others.
Mr. Book: The City is making a major commitment to both us and to the communi-
ty by leasing this space to us, and I can assure you, from my clients, that
we would, if compatibility is checked off from both sides, that we have no
problem with sharing a space with another station.
Mayor Ferre: It has to be compatible, I would understand. And the same thing
goes true for either the Southeast Bank or for the Gould Building, or any other
building. I don't want it to be exclusive just to Gould. If somebody else
comes along and says they are going to pay us so much, and they want dishes
out there where they can pick up electronic things and get away from Ma Bell
and some kind of a ripoff on something, and they can get better service to
three thousand citizens of this community that are working in downtown, then
I think that is something that we have got to take into account.
105
MAY 11 �9�2
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Mr. Plummer: Mr. Mayor, isn't it always the case, that at all times 51h of that
tower is got to be made available for public purpose. I mean, if you are going
to satisfy the Charter thing, it has got to be 51% has got to be for public
purposes. There is just no ifs, ands and buts about it. To qualify the thing
for public purposes, at least 51% of the usable space of that tower has got to
be at all times left for public entities. I don't know haw you can avoid that.
Mayor Ferre: That is fine with me.
Mr. Plummer: Well, and I think really what your concern is, and I understand
it, that this Commission would retain the right for any future attachments
to that tower, that they must be approved by this Commission. That is the
simple answer.
Mr. Book: We don't have a problem with that, Mr. Mayor.
Mr. Plummer: Let me ask...I am sorry...
Mayor Ferre: He hasn't defined the offer yet. What is the offer of what you...
Mr. Book: Well, what we are looking for is a twenty-five year lease, which
I think meets your regulatory network, and for a sum to be metered out on an
obviously a monthly or a bi-yearly rate of a half million dollars for that
period of time.
Mr. Plummer: Ronnie, let me ask you....
Mr. Book: For three acres, plus the easements for the guide wires.
Mr. Plummer: .... a question. Question has been raised, what assurances do
I guess the public have, not necessarily this Commission, that this tower
will not interfere with existing electronic such as over at the Rosenstiel
Marine Science? They have electonic gear over there. What assurances - who
is the regulatory body that will say whether or not, prior to going up four
hundred and then making a determination, as to whether or not there is an
interference problem.
Mr. Book: Okay. Our engineer is here, and he has told me that is obviously
in the F.C.C.'s hands, and that that is one of the things that they look at
when they give their final approval.
Mr. Plummer: Okay.
Mayor Ferre: All right, any other questions?
Mr. Dawkins: Are you saying that your company is willing to sink a half
million dollars for twenty-five years which comes out to $200,000 a year?
Mayor Ferre: Wait, wait, wait. Miller, excuse me for interrupting you. Wait,
wait, stop, stop. Beg your pardon, I am sorry. You have got a problem now,
and we don't want to put that on the record. The Manager just informed me
that the City Attorney says that no matter what you do here, this has got to
be put out for a bid..
Mr. Dawkins: Okay...okay.
Mayor Ferre: Therefore, we don't want to put any of those figures on the
record. Now, Mr. City Attorney, let's go over that one again. Why does it
have to be bid?
Mr. Percy: Section 53(b) of the Charter requires that any disposition of
an interest in City owned property must be by competitive bid process. In
addition to that, this particular piece of property...
Mayor Ferre: This is a lease, not a disposition, though.
Mr. Percy: Well, disposition would include a lease in property on out -right
sale. At lease is an interest in property, a leasehold.
Mayor Ferre: Now, don't come tell me that this is on the waterfront, so this
is not on the waterfront.
106 MAY 111982
Mr. Percy: Well no, this is a seperate section of the Charter, Mr. Mayor,
that does not respect waterfront property, but the disposition of any realty,
or an interest in realty....
Mr. Book: It is not waterfront property.
Mr. Percy:....53(b) of your Charter. Additionally, this particular property,
based on the way it was acquired, requires that the uses be limited to a pub-
lic purpose, or uses incidental to a public purpose, which is what you just
defined.
Mayor Ferre: Now, wait a minute. Let me understand this. You mean to tell
me that we have never leased property in the City of Miami, and disposed of
property, without going to a bid?
Mr. Percy: Not since 1979, an amendment to Chapter 53 of your Charter.
Mr. Carollo: I think that it is more than clear that this would be for a
public purpose. That argument, I think is dead.
Mayor Ferre: In other words, this is a public purpose now. You tell me that
we still have to bid it?
Mr. Percy: Yes, sir. The use has to be a public use, and to dispose of it,
it has to be competitively disposed of.
Mr. Plummer: Well, we are not disposed. We are leasing.
Mr. Percy: Same difference, CorYmissioner.
Mayor Ferre: Well, when these people told us ... I mean, they have been chasing
after this now for a couple of months. Have they been informed of this?
Mr. Plummer: I am not arguing. I am just asking.
Mr. Percy: They went to an outside firm and obtained an opinion, a copy of
which we were provided with, and we reviewed it, and our office issued an
opinion that was at variance with this opinion. No one has formally asked
our opinion until today.
Mayor Ferre: What do you mean nobody has formally asked? What is this...
Mr. Percy: Nobody, other than the City Manager's office through Mr. Grimm.
Mayor Ferre: Mr. Book, now where does that leave us at this point?
Mr. Book: Well, obviously if that is the conclusion of your City Attorney's
staff, you know, obviously what we would ask is that you go ahead and agree
to put this to bid immediately. I am not sure that I necessarily agree with
his interpretation, but I don't really think that it does us any good to get
into a back and forth argument. My understanding of 18-54 and other sections
following it is that if there is not an expenditure of City dollars, that it
doesn't require you to go to bid, and I looked at Mahoney-Ginnins and Grove
Key Marina, and a few of the other cases that went along those lines and I
just didn't determine from my research that it would require the City to go
to bid on this so long as there was no expenditure, and that it was clear
throughout the lease that there would not be any expenditure of any City
dollars on this particular project. You may have a different opinion, and I
certainly respect that, and rather than take a chance on...
Mayor Ferre: Let's move along. Now, I think if that is the legal ruling of
the Department, is that correct?....
Mr. Percy: Yes, sir.
Mayor Ferre: .... then I think we have got to abide by that. Now, therefore, the
only thing we can do now, is 1)., declare that there is a public purpose in
this, and 2)., say that...
Mr. Percy: Provided, Mr. Mayor that that municipal or public use is going to
be a part of the package.
ld 107 1962
MAY 11
Mr. Carollo: Yes, of course. That has been made clear already.
Mayor Ferre: And then, the next thing that we need to do, is to say that
this matter is going to be put up for a public bid. Now, if you are the only
bidder, that is fine. If you end up bidding too low, and I just want to warn
you, that I personally would reject it, if you, for example, came in and there
were no other bidders and you put in, you know, $10.00 a year. I am sure you
wouldn't do that, but I mean it will take...
Mr. Book: I assure you, Mr. Mayor, and Commissioners, that we are good faith
bidders and that we have no intention of coming in with a $10.00 or a $10,000
bid. This particular piece of property is very important to us.
Mayor Ferre: How quickly could we bid this now? Thirty days?
Mr. Gary: Thirty days.
Mr. Carollo: Mr. Mayor, you know, this new ruling that Mr. Percy has brought
out brings some new light to this whole matter. I am not in favor of putting
something up for a bid without specifying, first of all, what would be accept-
able to be placed in that property for that bid. I think it is very important.
Secondly of all, if it is going to placed up for bid, I want to be super,
super sure that we understand what parcel within that Virginia Ivey is going
to be placed up for a bid, and I think that every member of this Commission
should go out there and have a look at that place. You know, this is the most
valuable piece of property that we have in the City of Miami today, that we
own.
Mayor Ferre: Plummer knows that property very well.
Mr. Carollo: I know Plummer does, and I understand that that he has most
thoroughly had a first hand look at it, but...
Mayor Ferre: All right now, where we are then - will somebody make a motion,
first of all, that we...
Mr. Dawkins: Point of information, before we make the motion...
Mayor Ferre: Yes, sir.
Mr. Dawkins: The other gentlemen —this is supposed to be a combined use of
this acreage, am I right?
Mr. Book: That is correct.
Mr. Dawkins: So now, are we going to accept separate bids, or are we going
to still look these two entities to bid together?
Mr. Carollo: It could be whichever they please - either combined as one
corporation, or go separately.
Mayor Ferre: That is up to...
Mr. Dawkins: But, if they go separately, then are we dealing with two different
parcels of land?
Mayor Ferre: No, I think with one piece of property, but I think we may accept
two... look, suppose Southeast Bank now decides that they want some dishes out
there, and they want to do this. I don't think this Commission can preclude
somebody else from coming in.
Mr. Plummer: Sure. If we retain the approval of any attachments to it, we do.
Mayor Ferre: But, what I am saying is, you know, I want to be...you know my
statement - in this town we are always doing things based on "who" and not
"what". I don't think that "who", is in my opinion the important thing as what
is it we are doing.
Mr. Carollo: Maurice, can we do this? I think that at this point in time,
this would be the best route that we can take. Can we have our City staff
re -study our Charter pertaining to this specific law that we discussed here.
Can we have Mr. Book and the other attorneys here re -study and come up with
ld 108
MAY 1 1 Mr.
whatever opinions they might have. Have our City Attorney's staff meet with
them, and then, let's bring it up at a later point after they can sit down and
talk, or City Manager could meet with them again and...
Mayor Ferre: That puts it off.
Mr. Carollo: We could bring it up in a week and one-half.
Mr. Book: Here is our problem, obvioiusly...to the radio stations is the
problem, and for every week, and every month that we put it off, it sets it
back. They are going to have to go through a forty-five day period with the
F.C.C. once we have got a lease executed.
Mayor Ferre: Let me cut through. Look, I think what he is saying makes some
sense. We can do both. Here is what we do. One, we declare that there is
a public purpose served on radio. Two, we agree to go out and bid it. Okay?
We ask the Manager to bring this matter back on the 27th, okay, for final...
and on the 27th we advertise and we will open up the bids, so that by the
llth of June, which is one month from now, we open the bids. Now follow me.
Three, what Joe is saying is, if in the meantime, there is a legal revision
on this whole thing, and you are able to convince the City Attorney that he
is wrong, and we revisit the legal, question of it, and he can reverse, then
I don't mind reversing, and on the 27th we cancel it. Is that acceptable to
you?
Mr. Carollo: That is correct.
Mayor Ferre: And that way, we don't lose any time.
Mr. Book: That is acceptable.
Mayor Ferre: Okay? All right now, let's hear from Mr. Jaffa.
Mr. Phillip Jaffa: For the record, Phillip Jaffa, One Biscayne Tower, Suite
3640, Miami. In light of the action that the Commission just took, perhaps
I should describe what our use is. It is a little different.
Mr. Plummer: Who do you represent, sir?
Mr. Jaffa: I am representing a company by the name of Hollywell Telecommunica-
tions Company, which is a...
Mr. Plummer: And who is the primary owner of that, sir?
Mr. Jaffa: Theodore B. Gould.
Mr. Plummer: Ah, yes. That great philantropist! Yes, yes!
Mayor Ferre: See what I mean by "who" and not "what"?
Mr. Plummer: Mr. Mayor, I think we should tentatively listen to anyone who
is going to donate a million dollars to our park. I think they deserve good
consideration! And just as soon as we get that check, you'll get an invita-
tion to bid. Didn't say for what, but you will get an invitation.
Mr. Carollo: Maybe they will offer to build a stadium too.
Mayor Ferre: I think we got that covered somewhere else. Don't confuse the
issue!
Mr. Carollo: That is what I am afraid - the same million dollar deal.
Mr. Plummer: That goes with the riff-raff.
Mr. Jaffa: Okay, perhaps we will just quickly describe our use. We are con-
structing a world-wide communications center through earth satellite dishes
because of our present property that we own in Ball Point and on Dupont Plaza,
those sites have a great deal of interference from all of the other antennas
that are in the area. In having our engineers researech alternative sites,
the Virginia Key parcel was selected and is a very viable site. In addition
to the placing of those dishes however, we would propose ... we would need an
easement through Virginia Key for the placement of a fibre -optics communication
ld 109
MAY i 11982
r 0
cable, that would connect Virginia Key with Ball Point. This easement, we
would propose to share an existing easement within Biscayne Bay that is pre-
sently granted by the City of Miami to the Miami Dade Sewer and Water Authori-
ty. We have already been in negotiations with the Sewer and Water Authority,
and I have a letter that states that they have no objections to our shared use
of the easement. Their easement crosses, begins, at the easterly edge of
Chopin Plaza on Biscayne Bay and traverses the Bay at approximately a forty-
five degree angle until the westerly shore of Biscayne Boulevard. We would,
of course, be subject to all of the regulatory agencies and permitting within
the bay. Our preliminary environmental studies indicate that there would be
no negative environmental impact in building fiber -optics cable within the
existing easement of the Miami -Dade Water and Sewer Authority. The fiber -optics
cable, for your information, is approximately an inch to an inch and one-half
in diameter and would be buried beneath the bay bottom, approximately thirty-
six to forty-eight inches.
Mayor Ferre: Environmentalists have any problem with that?
Mr. Jaffa: Sub -aqueous cables of this nature really don't cause any
environmental impact, and by coincidence, the 16 inch force main of the Sewer
Authority traverses the exact path that we would need to take and they have
already buried that 16 inch pipe, and we could stay right along within that
easement. Time, of course, is also of the essence, with our particular pro-
ject, but I think that the procedures that you have outlined here in terms
of whether this has to go to public bidding, and if it does, whether we would
submit a joint bid to be left at the next meeting.
Mayor Ferre: That is your decision, as to whether you submit a joint or
separate bid....
Mr. Jaffa: Right.
Mayor Ferre....and I want to tell you now, Mr. Jaffa, so that we don't have
any problems, that if Southeast Bank, for example, decides to bid, and we
can't preclude them from bidding it, and if for example, (I've got to tell
you this), if Southern Bell decides that you are a threat to them, the compe-
tition and Southern Bell decides to bid, I want you to know, (Mr. Percy, you
better follow this now), in that case, Mr. Percy, they wouldn't be ... we could
not preclude them from bidding, is that correct?
Mr. Percy: No, sir.
Mayor Ferre: In other words, if Southern Bell wants to bid, or if anybody
wants to bid, there is no way that we can preclude them from bidding.
Mr. Percy: Correct.
Mayor Ferre: And that includes Gould. We can't preclude Gould from bidding,
because he doesn't happen to live up to an agreement to live up to do some-
thing else on the...
Mr. Dawkins: But, it doesn't take the right away from us determining which
one will give us the better public use, am I wrong?
Mr. Plummer: Mr. Mayor...
Mayor Ferre: No, no, no.
Mr. Dawkins: Ask the attorney.
Mayor Ferre: I am sorry.
Mr. Percy: Now, public use, I assume you mean, Commissioner, for the dollar
value and then the license.
Mr. Dawkins: No. You said that this land has to be for public use.
Mr. Percy: Correct.
Mr. Dawkins: Okay. Now, who do determines, of the bidders, who is going to
give the greater access to public use?
ld
10 MnY 111982
Mr. Percy: Okay. By public use, Commissioner, the Florida courts have deter-
mined what is a public purpose. That is one of the conditions that the use of
this land has to be subject to. The other would be disposing of it in a fashion
that will bring the highest and best return to the City from a dollar value.
Mayor Ferre: Wait a minute. Let's be very clear. Miller, the public purpose
of this is —the radio is a primary purpose - the radio things for the fire
and the police and what have you. That is a public purpose. A radio station,
or Gould or Southeast or anybody else is an incidental use of it. Now, in
that, you have got to go to public bid.
Mr. Carollo: In other words, Maurice, Gould would not be able to bid on this
by himself.
Mayor Ferre: No, no, no. Wait a moment. That's the exact issue. When you
were gone, I was asking him, and I want to make sure that we understand this.
If WRHC wants to come and bid for this particular piece of property and put up
an antenna in competition with them, Ronnie Book and his client, they can do
it. And we can't stop them from doing it. Now, if Southeast comes in, or I
said, Southern Bell - if Southern Bell wakes up and decides that Mr. Gould
is by-passing Southern Bell Telephone Company by doing this and they want to
stop him, and they come in and they bid for these dishes. and you put in a
bid for half a million dollars, and Southern Bell bids a million dollars, we
are forced to give it to Southern Bell.
Mr. Dawkins: With the dishes over the towel?
Mr. Plummer: No, dishes are on the ground.
Mr. Dawkins: And the dishes would giv a us greater police?
Mr. Carollo: Who has got Southern Bell on the line?
Mr. Plummer: Now, let me ask a question, because I think it dwells in our
revenue. Was it Mr. Book who said that one of the , dishes was for entertain-
ment? One was for...what are the three dishes for, sir?
Mr. Book: There would be two or three dishes. Dishes have multi -uses. One
of the uses of one of the dishes would probably be to zero ir. on the
3 satellite, and would in effect provide a cable TV network.
Mr. Carollo: Would there be any pornography in that...?
Mr. Book: No, sir.
Mayor Ferre: Don't laugh, because that is going to be one of the things that
I am going to talk about.
Mr. Book: No, there won't...
Mr. Plummer: Okay, let me...
Mayor Ferre: In your bid, you had better be very clear about that, because if
you are going to be broadcasting pornographic films, you are not going to have
my vote.
Mr. Plummer: Maurice, let me tell you where I am coming from. From what I am
understanding, that is going to be in direct conflict from a great revenue
source of this City of cable TV, and I wonder how that will conflict, if it
will, with our franchise to the cable TV people?
Mayor Ferre: No, not franchise - license.
Mr. Plummer: License.
Mayor Ferre: It is not exclusive, remember?
Mr. Plummer: Yes, but wouldn't they have to go through the licensing procedure
to establish that within the City of Miami?
Mayor Ferre: No, because they are not using the license. They are not using
11
Ld
MAY 111982
r r
any right-of-way, other than the ones we are bidding right now. However, I
want to tell you something, Mr. Plummer. If the people on Brickell Isle,
okay?...Chisholm decides that they want to do the same thing to render, (and
I see Clark Merrill is waving, he is going "yes", because he recognizes what
is going to happen) and I don't want you guys upset at me now. I want you to
understand that. You are going to have competition on this. The moment that
the Miami Herald and the News report this, I guarantee you that every developer
on Brickell Avenue is going to be out there bidding against you to get that systeu
and I want you to understand...
Mr. Plummer: I just don't see ... Mr. Mayor, how in the hell can we allow a
person to bid on City property to go in conflict with a Licensee who brings
in revenue to this City?
Mayor Ferre: Well, I will make you a bet Carollo will vote for it, and I will
make you a bet that somebody else will vote for it, and his name is Maurice
Ferre, and I don't know about anybody else.
Mr. Plummer: Okay.
Mayor Ferre: You know I will vote for it.
Mr. Plummer: Fine.
Mayor Ferre: I don't mind competition. That is what this country is all about.
Mr. Plummer: Fine, let there be competition. I am in favor of competition,
but let the revenue come into this City, not Mr. Gould's pocket.
Mayor Ferre: Mr. Gould is going to have to bid. If Mr. Gould doesn't bid
high enough, Mr. Gould isn't going to get anything.
Mr. Plummer: But Mr. Gould is going to use City property to do it.
Mayor Ferre: And so is Americable, J. L.
Mr. Plummer: No, he is paying for it!
Mayor Ferre: And so is Mr. Gould, or he is not going to get it. Don't forget,
that we have the final say-so as to who gets it.
Mr. Plummer: So the Water Department has to come to us to use the Water De-
partment easement?
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Plummer: Oh, they don't object, but they still have to come back and
negotiate with us for an additional cost, okay.
Mayor Ferre: That is right. That is right.
Mr. Carollo: I love seeing old lions fight each other in the coliseum.
Mr. Plummer: Okay.
Mayor Ferre: All right. We do need a vote now. Gentlemen, it is 6:25 o'clock,
and we need to move along. Now, is there a motion? Do you want to say something?
Please, very quickly, so we can move.
Ms. Marilyn Reed: I seem to have been the instigator for picking the site for
Key Biscayne before the Cabinet on February 16th, and it was my intention to
get some income in the City coffers, as well as taking care of WKAT, which is...
you have already talked about the public purpose here, and let me read off here,
I have been authorized to inform you today that the following organizations who
were in opposition to the WKAT siting in the Bay are now supporting this. That
is Tropical Audubon, Sierra Club and Friends of the Everglades. Also, the
Venetian Island Improvement Association - that is all the residents on the island
out there in the Bay, where the original site was proposed. Additionally, I was
called yesterday morning by the Key Biscayne Property Taxpapers Association, Inc.,
and they have absolutely no objection to this, so I think you have got the com-
munity support here, and I hope you can hastily work this problem out, because
we have other interests. There is a lawsuit in the District Court of Appeal.
ld
U2 MAY 111982
If you can finalize and negotiate this lease, that suit can be pulled, and it
means a lot to the people in Dade County to have that withdrawn.
Mayor Ferre: All right, thank you very much, Ms. Reed. Anything else?
UNIDENTIFIED SPEAKER: Can I just ask a question?
Mayor Ferre: Yes, sir.
UNIDENTIFIED SPEAKER: In the bids... in the request for proposals on the bid,
to my understanding, that one of the exclusive uses of the property, or one of
the specific uses will be for a radio tower?
Mayor Ferre: Yes, sir.
UNIDENTIFIED SPEAKER: Okay.
Mayor Ferre: All right, I would like to make this motion so that we can word
it. I would like to try to word it. If you have any problems with it you
stop me along the way or after. I would like to make a motion that the City
Manager be instructed to come back on the 27th day of May, at the May meeting
with a legal document that has been drafted so that we can advertise on that
day ... on the 28th, which is Friday, in the media, so that...we will have to
advertise, let's say for five working days, and that five working days subse-
quent to that, bids will be open on the usage of this three and one-half acres,
is it?
Mr. Book: 2.7 acres.
Mayor Ferre: Let's say three acres, in Virginia Key, but the main usage of
this would be to serve the public purpose, which will be to have the communi-
cations systems of the City of Miami, fire, police and other departments, im-
proved, and that takes priority over anything else, and any other agencies,
but that as an incidental use, we will also permit one or more radio stations
to use the tower for broadcast purposes, and that on a tertiary basis, provided
however, that it not conflict with the radio station; that we will also accept
bids jointly or separately for radio communication discs to provide services
for buildings within the City of Miami. Does that cover it, Terry?
Mr. Percy: I'm not sure... on the last part of that, Mr. Mayor.
Mayor Ferre: On a tertiary basis, in other words, on a third level of impor-
tance, as long as it does not conflict with the public purpose, that is, the
City communication system, and two, the radio station...that we would permit
discs - telecommunications satellite discs, receivers, so that users of the
City of Miami will be able to use those facilities.
Mr. Percy: The only problem I will comment Mr. Mayor, will be the time frame
that you suggested may not be long enough as per our Charter, but whatever the
minimum time frame in terms of advertising and response.
Mayor Ferre: All right, this will all be within the legal bounds of what we
can and cannot do in the City of Miami, and of course that includes the bidding
procedure. Now, does that cover it, Terry?
Mr. Plummer: Two questions.
Mayor Ferre: Okay, I move.
Mr. Carollo: There is a motion. Is there a second?
Mr. Plummer: I want to add two things to it.
Mr. Carollo: There is a motion. Is there a second?
Mr. Plummer: Number one, that if the tertiary use of the disc are allowed,
51% of it must be for public purpose. Number two, I think it is only right
that a minimum annual guarantee be added to the bidding procedure, and I am
not trying to develop that dollar. I think there has got to be a point of
2.7 acres, it is worth 'T' number of dollars and on the market that is entitled
to a fair return. Mr. Gary, I leave that up to you, sir, as to what a minimum
guarantee for twenty-five years on an annual basis would be. I think that is
only fair.
id 113 MAY 11 1982
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Mr. Carollo: In the past, we have had appraisals made. Will we need to make an
appraisal on this property like we have had to do in the past?
Mr. Gary: Vice Mayor Carollo, I would recommend that the motion be amended to
permit the Manager to go out and get appraisers if necessary.
Mayor Ferre: All right, I accept that too.
Mr. Plummer: And said cost to be recovered by the City from the successful
bidder.
Mr. Yaffa: Mr. Commissioner, I just want to add - I really don't know whether
at this point, our project will be making a public bid on this or not, however
I would like to say that the reason that we chose a twenty-five year period
and just for your understanding, was to conform to the requirements of the
legal opinion letter that we had prepared for the City to keep this in the
terms of a lease, rather than terms of a sale, so if it is going to public
bid, and there are substantial numbers of dollars involved in the construction
of this, if we have to go to a public bid situation, we would ask for a ninety-
nine year lease, and not a twenty-five year lease.
Mr. Plummer: Well, you can ask.
Mayor Ferre: Well, Mr. Yaffa, let me put it to you this way. I agree with
every one of the changes. The only thing that I have a problem with, J. L.,
is that when you are saying on the radio tower, 51%, how can the radio tower
guarantee the 51%?
Mr. Plummer: Mr. Mayor, every tower has a capacity of what it can carry.
Okay? 51% of that capacity must be reserved for public purpose. You have
got to do it, or you are going to be violating your own Charter.
Mayor Ferre: Now, how do you do that with the discs?
Mr. Plummer: The discs, 51% of the time on the discs is for public purpose.
City of Miami desperately needs discs right now for its own purpose.
Mr. Book: Perhaps the use of the satellite stations is not quite clear.
The satellite station by itself, except in a dialing mode and a receiving
mode, which would only be to receive the entertainment channels. In a trans-
mit mode, it is a small link in a large chain. From this, is a typical example
of our use, for instance. Let's say that a particular bank wanted to transmit
data to its offices in New York City. It would arrange for a time to use the
transmission facilities. Those facilities would then release a transponder
on a satellite, one of the seventeen satellites. The data would be transmitted
from the dish to the satellite, back over to another comparable dish in New
York City.
Mayor Ferre: Let me explain a little of this, because I think I understand.
The reason why they have to go out to Virginia Key, is because over in down-
town, there is too much interference from the buildings and all the other
stuff. Now, I don't have any problem, if we serve a public purpose in that
general piece of property. Let the radio stations have their own, you know...
they don't have to do 51%, and that the discs don't have to do 51%, as long
as the public purpose is served in general.
Mr. Pluammer: Maurice, what public services is served? They are using that
for their exclusive use.
Mayor Ferre: Heh, what public purpose is served when we lease a restaurant
out at Rusty Pelican?
Mr. Plummer: What public purpose?
Mayor Ferre: Yes.
Mr. Plummer: Any one of the public can go to that and use it.
Mayor Ferre: Any...
Mr. Plummer: Yes, sure.
id 114
MAY 111982
Mayor Ferre: Okay. Now, anyone of the public can pay them and use the
satellite.
Mr. Plummer: No, not from what I understand. That is going to exist as pro-
posed in their complex downtown.
Mayor Ferre: I think it has to be within a...
Mr. Plummer: It has got to be a public purpose. In other words, every one
of the public would have to have the use of the facilities.
Mayor Ferre: All right, well...
Mr. Jaffa: Commissioner Plummer, it is possible on that same analogy that
for a member of the public that wanted to arrange for transmission time, could
do that through the telephone lines through our discs, and that, by the way is
contemplated.
Mr. Plummer: Fine.
Mayor Ferre: Okay, well then, put that in your bid.
Mr. Plummer: 51% of the time has to be dedicated to the public.
Mr. Carollo: Wait a minute. Wait a minute. I beginning to like this more
and more. You mean they are going to compete with Hermanowski and what's the
other guy's name, Ullman? This is good! This is good! Tell me more, Jaffa,
tell me more.
i
Mr. Jaffa: Let me just say this...
Mayor Ferre: I told you you were going to vote for it.
Mr. Jaffa: We will do whatever we can to meet the public purpose issue. I
think that if we can sit down with City Attorney and the City Manager, I think
that we can respond to Commissioner Plummer's concern.
Mr. Dawkins: I have no problem, but the other gentlemen...
Mr. Jaffa: My concern is being locked into 51%.
Mayor Ferre: Look, now Joe on the other side, the light just want on. I
want to say that I have no problems, and I am going to tell J. L. this. I
have got no problems with your using satellite time to bring in television
programs to the Gould project, to Dupont Plaza, okay? However, I would not
be in favor of it, if it precludes the cable people from putting in their
cable system in your building. If you are going to exclude them...
Mr. Plummer: That is what I have been trying to say. It is a loss of revenue
to the City by its license.
Mayor Ferre: Plummer, that is not so, because, I want to tell you, in the bid
document, you had better start putting in there that you are not going to pre-
clude the cable people.
Mr. Plummer: Why would they put aside the entertainment satellite there?
Mayor Ferre: That could be a supplemental competitive issue, competitive
to the system.
Mr. Carollo: Well, just take Gould's word for it, you know?
Mayor Ferre: I want it written into the contract.
Mr. Plummer: Well, just written into the bid that in no way can it be on com-
petition with the City's license.
Mayor Ferre: No, no, no. I won't vote for that. I don't mind them com-
peting. I just don't want them to exclude cable televsion. Let them com-
pete! I don't mind them competing. Heh, I might end up buying an apartment
in that place and living there. I want to be able to see both.
ld 115 MAY 111982
0
Mr. Plummer: According to Janet Cooper, you own it now, so...
Mayor Ferre: Janet Cooper is wrong. All right. I accept...my motion accepts
both the amendment, as offered by the Manager, which was on the appraisal, at
his discretion, and I accept Plummer's amendments with the modifications that
we just discussed. Are we clear now, Terry?
Mr. Percy: Yes, sir.
Mr. Carollo: We have a motion; we have a second. Hearing no further discussion,
may we have roll call.
Mr. Percy: Maybe it is an anti-trust application , which I had last suggested
to them that the covenant not to compete.
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 82-381
A MOTION INSTRUCTING THE CITY MANAGER TO COME BACK AT THE MAY
27TH MEETING WITH A LEGAL DOCUMENT, ALREADY DRAFTED, IN CON-
NECTION WITH THE PROPOSED LEASING OF APPROXIMATELY 3 ACRES OF
LAND ON VIRGINIA KEY, IN ORDER THAT THE CITY MAY PROCEED TO
ADVERTISE FOR BIDS THE NEXT DAY (FRIDAY, MAY 28) IN THE NEWS
MEDIA, FOR FIVE CONSECUTIVE WORKING DAYS, AT THE END OF WHICH
TIME BIDS WILL BE OPENED IN CONNECTION WITH SAID PROPOSED
USAGE OF THE LAND; FURTHER STIPULATING:
1) THAT IT IS THE CITY COMMISSION'S FINDING THAT THERE IS
A PUBLIC PURPOSE TO BE SERVED;
2) THAT, THEREFORE, THE MAIN USAGE OF THIS LAND WILL BE TO
SERVE SAID PUBLIC PURPOSE, NAMELY, THE IMPROVEMENT OF
THE CITY'S COMMUNICATION SYSTEMS, ESPECIALLY IN THE
CITY'S POLICE AND FIRE DEPARTMENTS; FURTHERMORE;
A) THE CITY SHALL PERMIT, AS AN INCIDENTAL USE, ONE
OR MORE RADIO STATIONS TO USE A TOWER FOR BROAD-
CASTING PURPOSES; AND
B) THE CITY SHALL ALSO, ON A TERTIARY LEVEL, AGREE
TO ACCEPT BIDS, EITHER JOINTLY OR SEPARATELY, FOR
THE PLACEMENT OF TELE-COMMUNICATIONS DISC -TYPE
RECEIVERS SO THAT USERS IN THE CITY OF MIAMI
WOULD BE ABLE TO BENEFIT FROM THIS TECHNOLOGY;
PROVIDED, HOWEVER, THIT SAID INSTALLATIONS WOULD
NOT CONFLICT WITH THE PUBLIC PURPOSE FUNCTION
AND/OR CITY COMMUNICATIONS SYSTEMS.
3) THAT IF, AT THE TERTIARY LEVEL OF USAGE, SAID TELE-
COMMUNICATIONS DISC -TYPE RECEIVERS WERE ULTIMATELY
PERMITTED BY THE CITY COMMISSION, THAT 51% OF THE
USAGE CAPACITY OF SAID SYSTEM SHALL BE RESERVED FOR
PUBLIC PURPOSES.
4) THAT A MINIMUM GUARANTEE CLAUSE BE INSERTED INTO THE
BID SPECIFICATIONS, AND REQUESTING OF THE CITY MANAGER
THAT HE ARRIVE AT AND DETERMINE, SPECIFICALLY, A MINIMUM
ANNUAL GUARANTEE WHICH WOULD BE ACCEPTABLE AND EQUITABLE
FOR THE CITY IN EXCHANGE FOR USAGE OF SAID LAND;
5) THAT THE CITY MANAGER GO OUT AND GET APPRAISALS ON THE
PROPERTY, IF NECESSARY, AND THAT THE COST OF SAID AP-
PRAISALS BE BORNE BY THE SUCCESSFUL BIDDER: AND FINALLY,
6) THAT ALL THE HEREINABOVE STIPULATIONS SHALL BE PREDICATED
UPON WHAT IS LEGALLY FEASIBLE WITHIN THE LEGAL CONSTRAINTS
THE CITY MUST FOLLOW.
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 116
ABSENT: None MAY 111982
ON ROLL CALL: 9.
Mr. Plummer: Assuminghat that will be in our hands to look over prior to
(what date is that, the 27th?) the five days, that it has got to be in our
hands, "yes".
Mr. Carollo: Well, since I am the last vote...I am going to vote "yes", but
I would like to make it perfectly clear, that this doesn't mean that I am
going to vote for this in the future, if I don't think it is in the best
interest of the City of Miami, and furthermore, Mr. Manager, I would like for
you to arrange for every member of this Commission to go to the final site that
is chosen, so we can inspect where this system is going to.
AFTER ROLL CALL:
Mr. Book: May I suggest that you bring your gas mask when you go out there?
Mayor Ferret It smells pretty bad, which by the way, Marilyn Reed tells me
that we have got another very major problem, which perhaps Marilyn, we can take
a second, and you can tell us about right now...about the smell in that area.
Mr. Book: Let me just say thank you and we appreciate it and we will see you
back on the 27th.
40. PERSONAL APPFARANCE: MARILYN REED -
RE: PROPOSED REDUCTION IN THE TREATMENT OF SEWAGE
AT VIRGINIA KEY.
Ms. Marilyn Reed: Mr. Mayor, the other day when I informed you that the
E.R.C. committee of the D.E.R. in Tallahassee was going to vote to reduce the
standards of treatment, they did indeed do it after I talked to you. It was
a four to two vote, so we lost.
Mayor Ferret They did that.
Ms. Reed: They did it, and we are not happy. Bob Park did indeed vote against
it, and another man from the west coast voted against it. The rest of the
committee voted for it.
Mayor Ferret You know what that means, don't you...that it is going to smell
more out at Virginia Key.
Ms. Reed: That is correct. In the meantime, Garrett Sloan has a separate
application in up there to further reduce the treatment, and should they
approve that, which we will oppose, that is going to increase the stench even
more, and the other issues, I would explain to you out in the bay.
Mr. Plummer: I think we ought to invite Mr. Garrett Sloan to our next meeting.
Ms. Reed: Well, it won't make any difference.
Mayor Ferret What they are proposing to do is to reduce the treatment proce-
dure, so that it is going to smell a hell of a lot more than it does now, and
it smells bad enough.
Ms. Reed: He is applying to the-D.E.R. This was the first step. There is
a second step, so now they don't have to treat 90%. They never were treating
90%, but the amount of material they hhve to re —treat has been reduced, but
what Sloan is asking for is to change the whole treatment.
Mayor Ferret And the problem is, the Miami News and the Miami Herald aren't
listening to this, and they are not going to report anything about it, and
it seems that this is typical of the...some things are reported, and other
things are not reported. Why hasn't the Herald and the News reported that
the Metropolitan Dade County Water and Sewer System is going to reduce the
treatment of sewage in Virginia Key?
Ms. Reed: They didn't know about it. We had, the Environmentalists found
out about it quite accidently, believe me.
Mayor Ferret Yes, but you told them about it, and how come they haven't
printed anything about it?
Mr. Plummer: Let's get Ronnie...
Ms. Reed: I will get together with them.
117 MAY 111962
C
s
Mr. Carollo: Because it is not the City of Miami, that is why.
Ms. Reed: No, not necessarily.
Mr. Plummer: I will tell you what. We will get Ronnie Book to get a big
fan and put it up on top of the tower blowing right to 13th and the Boulevard.
Ms. Reed: They are trying to make it a cost problems. They are trying to
say it will reduce costs, but it is also going to increase smell.
Mayor Ferre: Mr. Manager, would you schedule this either in the June or
July meeting, and get Garrett Sloan to come down here and explain....
Mr. Plummer: I think he ought to be here at the next meeting.
Mayor Ferre:....and explain to this Commission what it is that he is doing
that is going to smell things worst by reducing the treatment of sewage in
Virginia Key. 10*+elievable!
Mr. Carollo: That is the best example that I have seen as a reason, was the
editorial they wrote on the K.T.W. bullet, congratulating Dade County for thit
courageous step they took. You all will recall, we were the ones that insti•-
gated that on my motion, and we were the ones that requested Dade County to
follow our footsteps with that ordinance. Then didn't mention a word about
the City of Miami.
Mayor Ferre: was standing right here.
Mr. Carollo: Exactly. We gave it to Barbara Carey here.
Mayor Ferre: Well, since we are editorializing, let me give you my editorial
for the day. If you notice in the editorial pages of the Herald this morning,
the Herald comes out (now follow this) for nude beaches, against prayers, and
against Watson Island.
Mr. Carollo: Well, now we see what Jim McMullen is made out of. He is going
to be watching pornography at the Herald Building and then going nude sun bath-
ing at night.
41. AUTIIORIZE CITY MANAGER TO FOR111YLATE A LONG-RANGE PLAN AItD
PROPOSED GUIDELIIILS III CONNECTION WITH PERMITTED USE OF
SIDEWALK. CAFES III TEII DOWNTOWN AREA.
Mayor Ferre: Okay, we are on Item No. 10 now, We only have 118 items to go.
Emilio Calleja, are you here?
(INAUDIBLE COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Emilio Calleja: For the record, my name is Emilio Calleja of the Downtown
Business Association. Mr. Mayor and Commissioners, back on December 15th, you
passed a resolution permitting sidewalk cafes in downtown Miami. That was for
a trial period; in case there were no objections or complaints to that, it would
become a permanent ordinance, and at this time, having there been no official...
Mayor Ferre: Does anybody have any problems on Item No. 10. We went through
the period and all the staff has looked at it; the police have looked at it.
We haven't had any problems. Is there any reason we can't make it permanent?
Mr. Plummer: Well, let me ask...no... I am much in favor of it, Emilio.
Mayor Ferre: Is there a motion?
Mr. Plummer: Whoa. Whoa. Now, what control, Mr. Gary, are we going to keep
over?
Mayor Ferre: We review it once a year.
Mr. Plummer: No, look. Maurice, what I am saying is, you know it is fine
during a thirty -day test, okay. And it went over very well, and I think we
i MAY 111982
0 0
were all proud of it. You get some guy down there who is hungry for dollars,
and instead of putting two tables out, he puts twenty-two tables out; what
control do we keep over this situation?
Mr. Gary: Mr. Mayor and members of the Commission, what I would recommend is
that we enter into a permit arrangement, which would charge a fee to those who
decide to do that which will allow us to pay for enforcement.
Mr. Plummer: Not only that, but control. Is that...
Mr. Gary: Same thing, that is what I am saying.
Mr. Plummer: Well, okay.
Mr. Calleja: You set up a procedure, which is spelled out right here.
Mr. Gary: Well still, somebody has got to monitor it to make sure. You got
what you want - you got what you want.
Mr. Plummer: That is the point, and that cost dollars.
Mayor Ferre: Under that premise now, are we ready to move with a motion type
of a thing?
Mr. Plummer: I will make a motion that the Manager be instructed to sit down
and formulate a long range plan for the sidewalk cafes.
Mayor Ferre: That is an approval, you understand.
Mr. Gary: He knows. I just told him. He understands.
Mayor Ferre: It has been moved and seconded. Further discussion. Call the
roll.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 82-382
A MOTION AUTHORIZING k"M DIRECTING THE CITY MANAGER TO FORM
A LONG-RANGE PLAN IN CONNECTION WITH PERMITTED USE OF SIDE-
WALK CAFES IN THE DOWNTOWN AREA, FURTHER REQUESTING THAT
THE MANAGER PROCEED TO FORMULATE REGULATIONS AND GUIDELINES
BY MEANS OF WHICH THE CITY COULD SET A FEE FOR SAID USAGE IN
ORDER THAT ENFORCEMENT COULD BE IMPLEMENTED.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
ld -119
MAY i 1 198CW
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ld
42. GRANT REQUEST FOR FUNDS MADE ON BEI- LF OF THE
"SOUTH FLORIDA SERVICE COORDINATIDG COUNCIL,INC."
Mayor Ferre: Dr. Hirschman, Item 11. Dr. Hirschman, as I understand it,
Metropolitan Dade County has gone up in their contribution to you and you
have a formula which puts Hialeah and the City of Miami at a $15,000 category.
Miami Beach and Coral Gables is....
Mr. Gary: $10,000.
Mayor Ferre:....$10,000.
Mr. Gary: We are at $10,000.
Mayor Ferre: Oh, we are at $10,000.
Dr. Jim Hirschman: That is correct..
Mayor Ferre: I am sorry. We would go up from $5,000 to $10,000.
Dr. Hirschman: That is correct.
Mayor Ferre: All right, and this is some that ... my only problem is —and it
is not that I want my picture there instead of Steve Clarks, but I think
you ought to give the City of Miami a little plug once in a while, you know?
Mr. Carollo: I think you take a better picture than Steve, Maurice.
Mayor Ferre: I don't mind Steve's being there, but heh, don't forget the
City of Miami. You know, we started this whole thing, and you did it.
Dr. Hirschman: I am proud to be a taxpaying citizen and landowner in the City
of Miami..
Mayor Ferre: Then how come you never plug us?
Dr. Hirschman: Well, I am here today plugging for what I am doing, and....
Mayor Ferre: Yes, you are plugging to get; I am talking about plugging to
give.
Dr. Hirschman:.... plugging with the City. And what I am doing, I am doing for
the City as much as for anyone else, Mr. Mayor.
Mayor Ferre: Yes, but what I am trying to tell you, Doctor...
Dr. Hirschman: I will do it.
Mayor Ferre: Thank you, sir. 'I am glad you heard.
Mr. Plummer: Predicated on Ferre getting as big a picture as Clark, the
City of Miami...
Mayor Ferre: No, please, this is serious. I don't want my picture. I want
you please to mention the City of Miami. I don't want you to come here,
take our money....
Mr. Plummer: Bronze bust!
Mayor Ferre:.... and then just forget us and then this Metropolitan Dade County,
and Dade County this and Dade County that, and the Mayor of Dade County, and
Steve Clark says it, and then you never...I don't want my picture, or my name;
I do want the City of Miami's name in it.
Dr. Hirschman: I would be proud to include it in big letters many times.
120
MAY 11 19"
I
it
Mr. Carollo: As big as Dade County's.
Dr. Hirschman: As big as they come.
Mr. Carollo: Thank you.
Mayor Ferre: Is there a motion?
Mr. Carollo: Moved.
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion on the request of the South Florida Emergency
Medical Service Coordinating Council request? Call the roll.
The following motion was introduced by Vice Mayor Joe Carollo, who moved its
adoption:
MOTION NO. 82-383
A MOTION GRANTING A REQUEST FOR FUNDS MADE BY JOHN HIRSCHMAN,
ON BEHALF OF THE "SOUTH FLORIDA EMERGENCY SERVICES COORDINATING
COUNCIL, INC.", WHICH FUNDS SHALL BE EXPENDED IN FISCAL YEAR
1982.
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
AFTER ROLL CALL:
Mayor Ferre: Now, Doctor, this is based on the premise that you are going
to be collecting the money, as you said from Miami Beach and....
Dr. Hirschman: Yes, sir, that is correct.
Mayor Ferre: .... in other words, we don't want to be the only ones giving you
money and then find out that everybody else turned you down.
Dr. Hirschman: That is correct.
Mayor Ferre: Okay. Thank you, sir.
Dr. Hirschman: Thank you all. Thank you for your time.
43. DISCUSSION IN CONNEC:IOII WITV. COMPLAINT LODGED BY BRICIMLL
TOWNHOUSES RE EXCESSIVE NOISE COMIIdG FROM NEAPLY PRIVATE CLUB.
Mayor Ferre: We are on Item 12, which is Elisa M. Light and the residents of
Brickell Townhouse, concerning noise. Now, Mr. Light, let me ask you a ques-
tion.
Mr. Eliza M. Light: Pardon me, Mr. Mayor. I am the manager of Brickell Town-
house, and since most managers come and go, I would like to give my time, and
you might address your questions to the vice president of the Board of Directors,
Mr. Donald Friedman.
121 MAY 11 1982
f e
Mayor Ferre: Mr. Donald who?
Mr. Light: Mr. Donald Friedman. I am sorry, I must apologize for my throat,
and I also would like to have Mr. Samuel Grossman, as another member of our
Board of Directors address this board, as well as our lovely Mrs.Golddaub'er,
and I will take it up as far as we are concerned. Thank you, Mr. Mayor, and
thank you gentlemen of the Commission.
Mayor Ferre: Mr. Friedman?
Mr. Donald Friedman: Mr. Mayor, my name is Donald Friedman. I reside at
2451 Brickell. That is the Brickell Townhouse. I am sorry ... you were going
to ask Mr. Light a question before I...?
Mayor Ferre: I would like to get into the issue and solve it as quickly as
possible. What is the problem?
Mr. Friedman: Our building lies approximately four hundred to five hundred
feet south of the Brickell Bay Club, which is a thirty-one story hi -rise.
Within the Brickell Bay Club, there is a private food and beverage operation
known today as Chantel-By-The-Bay.
Mayor Ferre: Is that what used to be the Menage?
Mr. Friedman: Yes, sir. I have been serving on the Board of Directors of
the Brickell Townhouse for approximately fifteen months now. During that
period of time, there has been discussions by the residents of our building
to the Board of Directors at every meeting, discussing excessive noise generated
by loud music coming from this food and beverage operation up to hours at 2:00
to 3:00 o'clock in the morning. We have made pleasant verbal requests from
our Board of Directors to the board at Brickell Bay Club, and to the owners
of what is now known as Chantel-By-The-Bay, which is this food and beverage
club. We have written letters to the City Attorney, to the City Commissioners,
to the Manager, and also to the owners of this establishment. We now come to
you today, asking you for help with what we are looking at as a public nuisance
to all of the residents of the area. The police have been there on numerous
occasions. There have been loud, booming noises because of music and loud
drums, and there have been crime problems also because of it.
Mayor Ferre: What do you want us to do? Let's get right to the point.
Mr. Friedman: There is a public ordinance that says there is not supposed to
be loud music past the hours of 11:00 o'clock.
Mayor Ferre: There is the author, right there.
Mr. Friedman: Okay. Also, it should not emanate more than one hundred feet
from an enclosed building, and the people of our building would like to have
you review it and revoke their license at this time.
Mayor Ferre: All right, this is Commissioner Plummer's first major PR venture
when he became a Commissioner. Everytime he got up to speak anywhere in Miami
he talked about noise pollution, and that was his theme song, and he wrote all
these things and articles and speeches and he is the author ... there he is...the
author of the noise ordinance of the City of Miami. That is right! Now, what
we need to do is to see that Plummer's ordinance is enforced.
Mr. Plummer: No, no. I just write the ordinances.
Mayor Ferre: You don't enforce them.
Mr. Friedman: I don't know if we need any other description from the other
people that are with us. If you wish, they will come up and speak also.
Mayor Ferre: All right, we are all aware of the noise there.
Mr. Plummer: Question, quickly. What is their license, 3:00 or 5:00 o'clock
A.M.?
Mr. Friedman: 3:00 o'clock A.M.
ld
122
tvLO 111982
Mr. Plummer: 3:00 is a private club.
Mr. Friedman: It is a private club.
Mayor Ferre: It doesn't matter what their license is. They make noise that
you wouldn't believe!
Mr. Plummer: No, no, no. If they have a 5:00 o'clock license, those we main-
tain a strict control of.
Mr. Friedman: Does that license also authorize them to emanate noise past
one hundred feet within an enclosed building?
Mr. Plummer: No, no, no. Not at all sir, but if it is 5:00 o'clock, we can
bring them before this Commission. 3:00 o'clock, we cannot.
Mayor Ferre: Why not? If it violates the ordinance? Didn't you put a whole
bunch of decibel stuff?
Mr. Plummer: No, no, Maurice, you are not listening. 5:00 o'clock is a night
club license.
Mayor Ferre: He is not a 5:00 o'clock.
Mr. Plummer: This City retains control over that.
Mayor Ferre: It is not a 5:00 o'clock. It is a 3:00 o'clock.
Mr. Plummer: That is what I said was the difference.
Mayor Ferre: Doesn't your ordinance, as I remember it, have some kind of
decibel thing?
Mr. Plummer: And we bought the equipment.
Mayor Ferre: So many decibels, so many feet away? Well then, just send some-
body with the equipment that we bought on Plummer's thing, which I don't think
anybody has heard of in the last six or seven years.
Mr. Gary: Mr. Mayor, we would be happy to give the equipment to go out there
and measure it, and we...no seriously, we will enforce it. We will send equip-
ment and the police out there.
Mayor Ferre: Okay. Would you, if they are violating the noise ordinance,
would you immediately pursue that legally?
Mr. Gary: Yes, sir.
Mayor Ferre: And would you bring this whole issue back at the next Commission
meeting. We will try not to make you wait all day.
Mr. Friedman: Okay.
Mayor Ferre: But, you bring it back, and if we haven't solved it by then,
then we will discuss it again.
Mr. Friedman: Thank you, very much.
Mr. Plummer: Yes, you might also look into the numerous violations being
committed by the patrons of that club on traffic. Let me tell you something,
when they come out of that Brickell, they are not supposed to make a left-
hand turn, and I want to tell you, every two minutes, it is dangerous, and I
think that needs to be looked at also..
Mr. Friedman: Excuse me, if you would like, we would like to bring that to
the Commission at the next meeting also.
Mr. Plummer: You don't have to; I just did.
Mr. Friedman: Okay.
123
id MAY 111982
Mr. Samuel Grossman: My name is Samuel Grossman, and I am the Vice President
of Brickell Townhouse Association.
Mr. Plummer: We won't hold that against you, sir.
Mr. Grossman: Section 36.5, hours of operation of juke boxes, radios, etc.
Mayor Ferre: Okay, we will skip over.
Mr. Plummer: Mr. Grossman, it is a smart man to know when he is ahead and
stop. You have already won, sir. ,
Mr. Grossman: Okay, all right.
Mayor Ferre: Thank you very much.
Mr. Grossman: I was going to ask for an injunction.
Mr. Plummer: We can't grant it.
Mayor Ferre: All right, this is not a court of law.
44. DENY REQUEST TO HAVE VIRGINIA KEY DESIGNATED AS A
"CLOTHING -OPTIONAL BEACH".
Mayor Ferre: All right, can we take up 14, which is the South Florida Free
Beaches, Inc. Is there somebody here from South Florida Free Beaches? All
right, let's go. All right, let's go. We have got to move quickly now, we
have very serious time constraints. All right, we are losing time, now.
Mr. Gary Bryant: Mr. Mayor, my name is Gary Bryant, I am the president of
South Florida Free Beaches.
Mr. Carollo: Excuse me. Gary, can we have your home address for the record,
please.
Mr. Bryant: Certainly. It is 2056 N. E. 172 Street.
Mr. Carollo: That is not in the City of Miami, correct?
Mr. Bryant: No, sir. I live in North Miami Beach. I represent South Florida
Free Beaches, Inc. We have organized on Virginia Key in the past year and one
half for the benefit of improving conditions there for free beach users. We
are asking the City Commissioners to designate the northern part of the re-
developed beach front along Virginia Key to be designated "a clothing optional
1,eac t." Shall I continue?
Mayor Ferre: I don't see why not.
Mr. Carollo: Feel free.
Mr. Bryant: Okay. We have been working with the Parks and Recreation Depart-
ment on this, so far as locating an area that would be best suitable for this
purpose. The northern end of the redeveloped beach that we would be using has
no usage north of us. It will be used as a buffer zone due to unfavorable
conditions relating to the current, and in the high number of sharks that are
in that area off the point of Norris Cut. To the south of us would be erected
a wooden fence that would run from tree line down over the Jettys into the watEr
line. with the passway at that purpose to provide a visial obstacle from
bathers using the rest of the beach area to the south of us. We also propose
that the City set up a $1.00 users' fee for the people who would be using the
beach, so that even though the money now is presently allocated in the City
budget for the redevelopment of the beach, in fact, they would be able to use
the money for other purposes, and also the fact that we would expect the
revenues from that beach usage to be higher than the cost necessary to provide
24 MAY 11 1982
0
for it. So, it would incorporate additional money back to the City for usage
in upgrading the rest of the island. We have been using that beach ourselves,
like I say, organized for a year and one half. In actuality, the beach has
been in use for approximately thirty years by nudists, and the nudists that have
been out there have been about the only ones that have taken care of the beach.
The beach was pretty well run down. It has not had much of a good history on
it. Since we have organized on that beach, we have had a continuous organized
cleanup campaign to rid the beach of litter and the clutter that has been
around it. We have incorporated the assistance of the first Public Safety
Department, and now the City of Miami Police Department, and assist them where -
ever possible, and have made substantial reductions in the crime situation
that formerly did haunt the beach,that no longer seems to be the problem.
That is about it.
Mayor Ferre: Okay. Questions from the members of the Commission.
Mr. Dawkins: Do we have any people here opposed to this?
Mr. Carollo: Anybody else that would like to speak? I would like to hear from
the public before we speak, Mr. Mayor.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: Yes, ma'am.
Mr. Carollo: Yes, certainly, Mrs. Range.
Mayor Ferre: All right, and this gentlemen over here wants to speak on this
issue. Come on up.
Mrs. Athalie Range: Mayor, my name for the record is Athalie Range. I reside
at 5727 N. W. 17th Avenue. I address this Commission not as an opponent, or
as a proponent to the issue before you, as to whether Virginia Key Beach should
be used as a nudist beach or not. I would just like to clarify or correct a
statement made by the speaker. Virginia Key Beach was, at one time, the beach
set aside for Black residents of the City of Miami, and Dade County, and during
that time, it was certainly well cared for, and a place that we enjoyed going,
but if my memory serves me right, the University of Miami, or the City of Miami
somehow decided that this beach was too valuable just to be set aside for a
given group of people, and we were advised that we had to go to Crandon, or
some other beach, and the beach was used then for use of a marine circumstance,
for the sake of better usage of a word. It was used then as a laboratory, a
marine laboratory, but it was certainly not because the beach was not cared
for, or was not desired by the Black community. I just want that into the
record so you would understand that the beach was not forsaken by Black people;
it was taken from us.
Mayor Ferre: All right, thank you very much, Mrs. Range. We don't want to
get into a debate on that. It is not...
Mr. Bryant: May I say something. It is not a debate sir. It is not a debate.
I just wanted to clarify an overstatement, perhaps.
Mayor Ferre: Go ahead, quickly.
Mr. Bryant: Mrs. Range, I apologize for a misunderstanding on that. I was
not referring to the beach to the south end of the causeway that was the Black
beach that was set aside in 1945. I was referring to the area north of that,
beyond the first jetty that was not used for any real purpose until they
built the sewer and what have you.
Mayor Ferre: All right, thank you. Next speaker?
UNIDENTIFIED SPEAKER: He made the correction that I wanted to make.
Mayor Ferre: Fine, thank you. Next speaker.
UNIDENTIFIED SPEAKER: Mr. Mayor and Commissioners, Ladies and Gentlemen. I am opposed
to nudity on the north end of the beach. I am an employee of the Miami Dade
Water and Sewer Authority, and I have opportunity of viewing some of the things
that goes on at Virginia Key Beach. I understand that some years ago this
land was set aside for public use, not for private or special interest groups,
ld 125 MAY 11 1582
and if you grant these people permission to have nudity on that end, you are
granting a special interest group. Regardless of the money that they talk
about, I would like to tell you some of the things that have occurred out
there. There are some very good things and some very bad things. I think
nudity inspires rape. We have had several cases where people came in there
and they have been raped on that particular beach. If you walk down there
in the day time, you see men and women in a nude form, and you bring your
children out there and what does that do? They know too much already, but I
think that if you should go to a private beach, you should purchase this land,
have your nudity there, and not use public facilities to benefit any special
group, and I think that if any of you Commissioners, if anybody votes "yes",
I think it is a condemnation to the in the Miami area and I please hope
that you will not. I don't want to go into all of the things happen out there.
I can tell you some that would make some of your hair rise. You see, corrup-
tion - this is like Sodom and Gomorrah. Basically, Miami itself is corrupt.
It has lots of corruption that needs cleaning up. You need not add anymore to
it by having a nudity beach because of the fact that we are trying to raise our child-
ren in a decent atmosphere. Please vote against that. Thank you.
Mr. Carollo: Good for you sir, good for you.
Mr. Robinson: Mr. Mayor, let me say one other thing - a couple of other
things, rather. I have two kids.
Mr. Dawkins: Name and address?
Mr. Robinson: My name is Earl Robinson. I live at 933 N.W. 100th Street.
I have used that beach for a number of years, for twelve years, at least, and
I have kids, and they go to that beach. They have a healthy respect for their
fellow mankind. Now, I don't think that that beach, in any way can demoralize,
or cause anyone to be any more corrupt than they want to be, any more than
going over to Miami Beach, and as far as crime is concerned, I think for the
most part the people that go down there are looking out for everyone else's
health and benefit down there, so you don't have that kind of problem down
there. Thank you.
Mayor Ferre: Okay. All right. I think we heard both sides of the issue here,
all right? I cannot resist having a little fun with my friend, Commissioner
Carollo. I hope that we don't vote on this today based on the number of peo-
ple that are here that are for or against the particular issue. I would like
to have a show of hands - how many of you that are here are for the maintain-
ing of a clothing option beach? Raise you hands. Okay, now how many of you
are opposed? Okay. All right, thank you very much.
Mr. Carollo: Did you ask how many of them live in the City of Miami, because
I haven't heard one address yet that belongs to the City of Miami.
Mayor Ferre: All right, let's hear from the Police Department.
Lt. Peter Kanenesh: As you can see, we are friends to all. The Police Department's
position as to the morality of this issue is going to be a neutral one. The
only position that we are taking is that there has been serious crime problems
down in the Virginia Beach, Sewer Beach area. The Police Department has been
addressing the problems that have especially been occuring on the weekends,
by beefing up enf orcements. There is a roadblock that has been put in effect.
I am sure that all of you are aware of the two children that were run over on
Sewer Beach Road, approximately one month ago. Another reason that we have...
Mayor Ferre: But that has nothing to do with the nudity question.
Lt. Kamenesh: Well, the problem with the nudity in that....
Mr. Plummer: Well, it does, because it would draw more people.
Mayor Ferre: Oh, I see - okay.
Lt. Kamenesh: ....there are people that are coming out to the beach speci-
fically to be voyeurs, and unfortunately, most of these people are the ones
that are causing criminal problems.
Mayor Ferre: What?
J.2v MAY 111982
Lt. Kamenesh: The free beaches...
Mayor Ferre: They are going out there to do what?
Lt. Kamenesh: To be voyeurs.
Mr. Plummer: Peeping Toms.
Mayor Ferre: Oh, Peeping Toms! Is that what you are talking about?
Mr. Carollo: Plummer, translate. I think you know that word.
Mr. Plummer: Yes, I will translate. It means in Spanish Peeping Mauricio.
Mayor Ferre: Oh! Oh! I've got to tell you, I've been to France and to
Spain. I've got no problems. Go ahead.
Lt. Kamenesh: The group itself, the Free Beach Association, has, to my
knowledge, not been involved in any kind of criminal activity, and they have
done everything they could to assist the Police Department in cleaning up
the area, not only with the criminal element, but they clean up the area as
far as physically. I don't believe that that is the problem here. The
Police Department's position is going to be neutral as far as the morality.
If the City Commission votes to note give the variance on this area, we are
in a position that the 16th of this week, which is Sunday, we are going to
be making enforcement action on State Statute 800.03, or City Code 37-32.
Mayor Ferre: What is the State Statute. Tell me what that is all about.
Lt. Kamenesh: The State Statute is one on lewd and lascivious behavior by
nudity, and that refers to conduct, that is, while you are nude, depending on
what the persons that are in this position are doing.
Mayor Ferre: You mean there is a State law that defines that?
Mr. Carollo: There certainly is.
Lt. Kamenesh: Eight hundred....
Mayor Ferre: In other words, it is okay for you to be nude, but it isn't
okay for you to have certain positions in your nudity? You say there is a
law on that? I can't believe that.
Lt. Kamenesh: It is the behavior in the state of nudity.
Mayor Ferre: Does the law specifically define what behavior you can...
Lt. Kamenesh: We have the City Attorney here if that needs to be defined.
Mayor Ferre: Is it vague in nature, or is it specific?
Mr. Robert Clark: The use of the term "position" was made by the officer to
describe the nude status, I think if I am not mistaken.
Mayor Ferre: What do you mean status?
Mr. Clark: He indicated that being nude itself, in his opinion, would not,
in and of itself...
Mayor Ferre: I am not worried about his opinion; I am worried about your
opinion. Tell me what the State law says. Can you be nude on a beach, yes
or no?
Mr. Clark: "It shall be unlawful for any person to expose or exhibit a sexual
organ in any public place or on the private premises of another, or so near
thereto as to be seen from such private premises in a vulgar or indecent man-
ner, or so to expose or exhibit his person in such place, or to go or be naked,
in such place period, provided" (now, this is where the City Commission is
called on) however, this section shall not be construed to prohibit the exposure
j of such organs or the person in any place provided or set apart for that purpose."
d
127 MAY 111982
9
f
Mr. Carollo: May I ask, Mr. Manager, where is our Police Chief this evening?
Mr. Gary: I think he is on Virginia Key Beach.
Mr. Carollo: I hope enforcing the law!
Mayor Ferre: In other words, there is a provision for set aside for that
specific purpose. Let me ask you a question, Mr. Manager, or Mr. Kern, I guess
you are the one that is going to have to answer this. How long a beach is that
from the causeway right down to the point? A mile and one-half?
Mr. Carl Kern: Yes, sir. 1.2 miles.
Mayor Ferre: 1.2 miles, all right. Let me ask you this. Metropolitan Dade
County owns Crandon Park, do they?
Mr. Kern: Yes.
Mayor Ferre: How many miles of beaches does Crandon Park have? Do you have
any idea?
Mr. Kern: I have no idea. 1.8 on Crandon and 1.3 on Cape Florida.
Mayor Ferre: Well, let me tell you, because when I drive out there, it is
four miles from the edge of the bridge over to the Key Colony complex, and I have
got news for you - the beaches extend another mile beyond that. I would guessti-
mate that Metropolitan Dade County has from five to six miles of beaches, okay?
Mr. Kern: That could be, I really don't know right now.
Mayor Ferre: Well, I think it is very germane and pertinent, okay? Because,
let me tell you where I stand on this, okay? I personally, in a restricted
beach, that is where it is properly signed, and people understand that that
is what they are getting into, I have got no problems, and I have seen them
- operate in Europe, and I don't think there is any major problem with a specific
area being dedicated to nude bathing. However, I do have a problem in the
practical sense, that we have a very small little beach of 1.2 miles, and I
think Metropolitan Dade County, who has five to six miles of beachfront is the
- one that ought to, and I will tell you where the perfect place is. There is
an area between the Crandon Park parking lot and the bridge where there is a
lot of mangroves in there and there is a very nice beach, which I think is
- a kind of a difficult place to reach, and it is not within walking distance
from any parking lot. In fact, most people who go to that beach park along
the road and go in through those pine trees. That, to me, is a perfect loca-
tion for a nude bathing beach, and it seems to me that if Dade County has six
miles of beach, that ought to be their problem, not ours. Our beach is an
open beach. That area is easily viewed and is accessible to anybody from that
causeway, and I just don't think that that is an area where we should have
nude bathing, and that is just my personal opinion.
Mr. Plummer: Mr. Mayor, let me interject something, because I think we are
overlooking a very, very important factor before we ever get started talking
as to "who". Where you are wrong Maurice is, we don't have a beach. Now, if
in fact we gave the right to anyone to use that area on Virginia Key as a beach,
we are sanctioning, and as such, we create, in my estimation, a hell of a lia-
bility. I think if we approve for any given group, whether it is yours or some-
one else, then the City is going to be mandated to have all the safeguards that
are required at any public beach. That means lifeguards; that means cleanup;
that means toilet facilities; that means everything, because you know, I have
said for years that it is ludicrous that we are probably the largest city on
the Eastern Seaboard of the United States who does not have a beach. We don't!
Now, once you get established with this camping ground, I don't know that you
are incorporating a beach, but at this particular time, I don't think that this
Commission in any way, shape or form can allow itself to get into a potential
liability that we are not ready to address. Now, I could be all wrong, but it
just seems logical to me that the minute you establish that that is a beach,
you must likewise establish the priorities and set that up in the full thing as
if we were running Crandon Park. I don't see how you can avoid it.
Mayor Ferre: Well, anyway, that makes, as I understand, three of us. I don't
know if anybody else wants to express an opinion, but you have got three.
Mr. Carollo: I certainly do want to express an opinion. I certainly do want to
make a motion. I think this is an issue that...
1 OQ MAY i ICU
Mayor Ferret Okay, express your opinion and the motion hold, and I will recog-
nize you as soon as everybody has had their chance to say whatever thev want to.
Mr. Carollo: Okay, I will express my opinion now. Recently the Miami Herald _
came out in favor of pornography on cable television. Today, they came out in
favor of having nudity in our beaches.and they also came out today in favor
of not having prayers in the schools. Well, I am glad to say that the Miami
Herald has never come out in favor of me, and I am sure tomorrow will not come
out in favor of me. If I can proceed from there, Mr. Mayor, my colleagues in
the Commission, I think that this is an issue that has to do with personal
moral beliefs and personal convictions and principles. This country, whether
there are people here that might want to admit it or not, was founded on the
strong belief in God and in a very strong belief in the family unity. I, for
one, an not going to do anything that is going to undermine the moral fibers
of our community, nor will I take any step forward that is going to compromise
the beliefs of the majority of citizens in Miami. I truly believe that the
majority of our people are against nudity in the beaches, are against porno-
graphy in cable television, and are in favor of prayer in the schools. This,
like I stated, is a moral issue. I will be making my decision tonight based
on what I think is best for my community, my children - the future generation
of Miami. Rome did not fall from the outside. Rome fell from within, and if
I would vote today in favor of having nudity in our beaches, I think that I
will be doing the worst disservice that I can to my City, and the people that
elected me, and I certainly would not think that I should be sitting in this
seat, if that would be the position that I would take.
Mr. Dawkins: Mr. Mayor and my fellow Commissioners. There comes a time when
one has to evaluate what one sees. First thing I would have to ask the City
Attorney is, would I, in any way be violating these individuals' civil rights
by denying them the use of private property?
Mr. Plummer: Private property?
Mr. Dawkins: Public property.
Mr. Carollo: We are not denying them the use of our public property.
Mr. Dawkins: I didn't interrupt you....come on
Mr. Clark: The legislative decision as to whether or not to establish a
clothing optional beach, where the failure to exercise that power, or authority
would not constitute a violation of the civil rights of the nude bathers.
Mr. Dawkins: Okay, now I am a strong believer in individuals being able to
exercise freedom of choice, having been discriminated against for so long,
but there also is a right of the individuals who do not wish to see the nude
bathing, and I feel that anyone who would take the time to go down and attempt
to spy or peep on these people, they are the evil ones. I am not voting against
this because I am against the optional bathing. I have to go along with what
J. L. said. I am against it for the cost. If at any time, this group feels
that it can maintain this part of the park and can come and demonstrat
have the funds with which to do this, and insurance, then will make a motion
or do whatever there is to do to attempt to help you to acquire this part of
the beach with which to have your optional bathing. But, at the present, with
the tight money crunch, and as J. L. said, the cost to me right now prohibits
my voting for it, not because I am in principle against what you are doing.
Mayor Ferret All right, now Commissioner Perez?
Mr. Perez: Mr. Mayor, I have received many hundreds of calls in my office in
the last seven days, and the vast majority of those calls are against this kind
of petition. I think that we have to represent the interests of the people who
elect us, and I am very clear and very definite. I have an open mind on this
issue, but I think that we have to be strong in principle. That is my clear
position.
Mayor Ferret All right. Now, no we are not going to get into debate now.
No, sir. No, sir, this is not one of those kinds of meetings where you can
do that. Now, everybody has had an opportunity to talk that wanted to talk,
including you. Each member of the Commission has made a statement. Now, I
want you to understand, so that we don't get into a long debate, Commissioner
129 MAY 1 1902
C
Dawkins, following Commissioner Plummer's statement/said that if you would come
back and bring us assurance and insurance and if you are going to maintain the
beach and keep it, he would be willing to vote for it, but three of us stated
here that we wouldn't vote for it, period. That includes me, so I think that
you don't have the votes here for optional clothing.
Mr. Plummer: Mr. Mayor....
Mayor Ferre: Yes, sir.
Mr. Plummer: .... I don't want the record to be anything but clear. Mr. Mayor,
I did not indicate - I will be happy to, if they want, but I said to you, sir,
not that I was in favor, or against the nudity beach. I will reserve comments
when a motion is made, but all I said was, before we ever start talking about
any given group of people, whether it be the nudes, or any other request that
might come before this Commission - now do you want my own personal comments?
I will be more than happy to make them.. I am opposed to a nude beach. I
don't think we are violating anybody's civil rights. As I know, and I know
very little, the nudist camps of this United States, and they are numerous,
exist- on private property. There is absolutely nothing to stop the Free
Beach Society or whatever group of people want to get together, from buying
a private piece of property on the oceanfront and establishing whatever you
want. Okay? That is number one. Number two, I only know of one so-called
optional clothing beach, and that was in La Jolla - Black Beach. That went
to a referendum, and obviously the majority of the people in that community
voted in favor, but yet, it went to a second referendum, and at the second
referendum, it was closed. Mr. Mayor, I am opposed to the nudist beach. I
don't think that it should be on public property. They have every right that
they wish to establish a private concern as the nudist camps. That would not
have to deal with public property, and I think that is in the private, and
that is where it should be, if they wish to pursue the matter.
Mr. Carollo: Mr. Mayor...
Mayor Ferre: All right, are you ready to make a motion?
Mr. Carollo: Yes, sir. If I may say, I don't have to go as far away as
Europe or the Caribbean to know what is right or wrong. Mr. Mayor, if this
Commission were to contemplate having a nude beach in Virginia Key, in fact,
_ what we would be doing, would be to violate the civil rights of the majority
of our citizens. It is wrong, and against our Constitution to give special
privileges to any one particular group for public land. If these people want
to have a nude beach, then they should go out and buy one, but they do not have
that right under our Constitution to have the use of public land for that
purpose. Now, Mr. Mayor, I think that this is an issue that we should be ex-
tremely clear on, even though all that we have to do is not vote in favor of
it, so that it will die, I am going to make a motion so that this community
is perfectly aware of the position of the members of this Commission, where we
stand. So, Mr. Mayor, the motion that I am making is, that this Commission
will go on record against any kind of nude beaches in Virginia Key, or anywhere
else where the City of Miami owns land.
Mr. Plummer: Second the motion.
Mr. Bryant: May I speak out, please? Sir, I would just like to to...
Mr. Carollo: Sir, you are out of order. We are taking a vote now.
Mr. Bryant: I have asked for about five minutes to be able to speak.
Mr. Carollo: You can speak when we are done, if you like, sir. The Chairman
will so decide. There has been a motion. Is there a second? There is a
second, is there any further discussion?
Mayor Ferre: All right, there is a motion, and who seconded the motion?
Mr. Plummer: I seconded.
Mayor Ferre: All right, further discussion on the motion?
Mr. Bryant: Yes, sir.
Id
U� MAY 1 1 1982
Mayor Ferre: Now, wait a moment. Just wait a moment. Now, the motion speaks -
would you repeat the motion, because I was...
Mr. Carollo: Mr. Mayor, the motion is that this Commission is going on record
that we are not in favor of having any nude beaches in Virginia Y.ev, or any
other City land.
Mayor Ferre: Okay, and it has been moved and seconded. Now, this is Commis-
sion's prerogative. Is there any further discussion by members of the Com-
mission? Call the roll.
The following motion was introduced by Vice -Mayor Carollo, who moved its
adoption:
MOTION NO. 82-384
A MOTION OF THE CITY OF MIAMI COMMISSION GOING ON RECORD AS
BEING TOTALLY AGAINST ANY TYPE OF OPTIONAL CLOTHING BEACHES
BEING PERMITTED ON VIRGINIA KEY OR ANY OTHER CITY -OWNED PROPERTY.
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
ON ROLL CALL:
*Mayor Ferre: Before I vote, I just (and I am voting with the motion, as I
said before) want to make a statement into the record. Miami is a community
that has citizens, new citizens in our midst. Now, these citizens come from
a society, I am talking about mainly the Latin, Spanish speaking people of
this community, who have a strong idea and ideals on family, on the nucleus
of the family - mother and father and certain religious convictions. And those
convictions, whether they be old fashioned or not, deal, amongst other things,
with the questions of nudity, and since nudity,in that perspective is looked
upon as exhibitionism, you may have some strong feelings against that. I under-
stand, and I respect your right to have those strong feelings. I think that
the majority of the people who live within the boundaries of the City of Miami
have strong feelings about that. Now, you may say, "Well, how provincial",
and that may be true also, but don't you know that in a democratic society,
governments have to be reflectivet of the moral standards that those societies
have. Now, there are other societies in Florida who may not have the same
viewpoint as the majority of the people of the City of Miami, and you, of
course, are free to either live in those cities or move to those cities, or
do whatever activities you want to in those cities to have a different view-
point. Without being parochial, we have to be reflective of the society that
we live in, and I think this Commission has done that. I understand the
Herald's editorial today is amazing to me, not because of the moral aspects
of it, because I think we all have our vision of what is right and wrong, and
I don't think we can really deny anybody else the right to think how they want
to on many of these issues. The Herald's editorial is unbelievable to me, be-
cause the Herald is basically a very pragmatic entity. You know, it is basic-
ally a business•, and they approach things very pragmatically. Now, when they
say that this would be good for tourism, I think, the fact, my view of it is
is just the opposite is true. The majority of our tourism is from Latin -
America, and the majority of our foreign tourism is from Latin -America. I'm
talking about our American tourism - I am talking about the four million peo-
ple that come here from out of the country. And the people that come here
from out of the country, in my opinion, are looking for family and recreational
type activities. That is why they come here. They go to Disney World, and
that is what they are looking for, and I think that from a very pragmatic
point of view, a nude beach here would not really serve the best interests
• of the tourist industry and that is my personal opinion. Now, we all have our
d
131 MAY 11 1982
0
ku
views, and I don't think anybody is going to change their opinion on this at
this stage of the game. I vote with the motion.
Mr. Carollo: Mr. Mayor, excuse me. I want to make something clear here be-
fore these people leave. Mr. Manager, you have heard the decision....
Mayor Ferre: Unanimous...
Mr. Carollo: .... unanimous decision of this City Commission. I want our State
and local laws to be enforced to the fullest, starting now. What Dade County
did with that property is not our fault. You have heard our position. I want
these people to understand when they leave here that the laws are going to be
enforced to the fullest, starting now.
Mr. Gary: Yes, sir.
Mr. Carollo: Including for Mr. John McMullen of the Herald, if he decides to
go there.
Mayor Ferre: All right, do you want to make a brief statement?
Mr. Bryan: Thank you. There have been quite a few issues, I will try to keep it
as short as possible. First off, we were not asking for a nude beach, we were
asking only for a beach that had clothing optional, where anybody could use it;
it was not exclusive, but with the understanding that there would be nude per-
sons there as exists throughout Europe and Latin America, and the Caribbean
Islands. Second off, morality is a personal issue. It is not something that
can be legislated. In keeping with the foundation of our country, it is true
it was founded under religious belief, but it was also written in the laws
of our country that there would be a clear and distinct separation between the
church and the state. As far as the sexual claims related to public nudity,
which is common in Europe, and in the Caribbean Islands within the past ten
years, it is a little confusing that they have a much lower sexually -related
crime problem and a much lower crime problem in general. As a further point
to that, one of the ways we defeat criminals is to go after them. We don't
give up. We don't hand it over to them and say we can't handle it, and an-
nounce to the world that we are incapable of it, which is exactly what we do
when we say we can't handle a situation. Cost - at the present time, that
area of the beach is scheduled for life guards, redevelopment and park offices.
What we have proposed would eliminate those costs and save the City considerable
thousands of dollars that could be used elsewhere, and in probably much more
valuable areas. As far as purchasing a nudist camp on waterfront property,
nudist camps by themselves cannot be on waterfront because of the exorbitant
costs, and what do we do buy it with? Tax money? I have lived in this state
and was born in Allapattah in 19479• I have never left this state. I have paid
City and State tax money ever since I started working and that is what is
going to provide for everybody, not to the exclusion of those who are open
minded and not feeling inhibitions about the way that God created their body
and put him here without the clothes. As far as Black Beach goes, it was
brought into vote by public referendum and absolutely nothing was done to it.
There were no improvements on the road to Black Beach, which is a very, very
dangerous stretch of cliff trails descending to the beach. There was no patrol.
There was no lifeguards, no park offices. They had a change in the government
there. The government decided they didn't want to put the money into it, and
they would rather see it out, and were able to use the news media to campaign
for its very narrow defeat. I thank you.
Mayor Ferre: All right, thank you for your comments.
.132
MAY 11 1982
0
Ld
45. PERS014AL APPEARANCE: LES BROW11 OF "CENTZR FOR TI.E QUEST FOR
TRUTH" RE: TIy "MLA11I YOUT:: LEADERSi:IP INSTITUTE".
Mayor Ferre: All right, this is Item No. 25. Let's go. Let's move these
items quickly, now. Mr. Brown? Where did he go? Les, are you going to give
us a show?
Mr. Les. Brown: Yes.
Mayor Ferre: How long is that going to take?
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED IN THE PUBLIC RECORD.)
Mayor Ferre: See, out of fairness to Stuart Sorg, I told him that he couldn't
show his show, and if you are going to show your show, then Stuart is got to
be able to show his show.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACE IN THE PUBLIC RECORD.)
Mayor Ferre: Sure, that you can do. Just get right to the point quick. The
Miami Youth Leadership Institute. Now, Mr. Brown, what specifically do you
want the City of Miami to do? Les, this is very good, but you have got over
fifty pages of reading here, and I don't think we can do that.
Mr. Brown: No, I don't want you to do that right now. Just give me that, you
can check that out later on, Mr. Mayor.
Mayor Ferre: Go right ahead.
Mr. Brown: Okay, Mr. Mayor, what we were going to do, but time does not per-
mit, was to show a presentation to talk about the importance of establishing
a Miami Youth Leadership Institute. We feel that there are many kids in our
community that have the potential for getting jobs and what have you, but
they don't have employability skills. We also feel that when we begin to look
at the tremendous rate of kids that are being incarcerated because of juvenile
delinquent crimes that they become engaged in, that we must begin to think of
some non-traditional ways to intercept and redirect the lives of these young
people. Most of the times that we begin to come into the summer, we think
of a variety of programs which we want to use to keep the kids off the streets,
but most of those activities that have been characterized, that have been pro-
vided for youth have been those just for recreation to keep them busy through
the summer. We have observed the program that we have worked with that gives
kids the kinds of skills that will take them beyond the summer and teach them
how to become positive contributors to our community. I brought with us today
not only the president of the National Institute for Personal Development,
which is local based non-profit organization that deals with personal develop-
ment training of kids, but also Mr. Clarence King, from Washington, D. C.,
where they have instituted a Mayor's Youth Leadership Institute, which you
will see at the end of the proposal that you have. They have worked with a
variety of kids, with all divergent backgrounds, Black, White, Latin, Americans,
and have brought them together to give them the skills necessary for collabora-
ing around problem solving, teaching them how to improve their self-image,
teaching them how to become major positive contributors in our society, and
at this time I would like for Mr. King just to make some brief words about the
success of that program under the direction of Mayor Marion Barry out of
Washington, D. C.
Mr. Clarance King: The Mayor's Youth Leadership Institute in Washington, D.C.
has been going on for the last four years, and under the direction of Mayor
there, and with the approval of City Council, each year we have trained over
four hundred youths in personal and career development. We start with that
idea working with personal development because what we find is that improving
your self-image in dealing with who one is and looking at how to approach one's
life and in terms of looking at all the life dimensions there are, we are able
to begin to formulate ways in which the interest of the kids get involved in
service to the community. The other side of the youth from job development
and career development approach is to lock into those kinds of situations.
1.33
MAY 111982
It has been very successful. Based on looking at four years of history of it,
is that we have been able to take kids out of public housing, as well as some
of those who are permanent members of society, mix them together across the
race line and sex line and have some very strong positive results having hap-
pened out of that situation. Those are the kinds of things that we wanted to
get into, but the time is limited and...
Mr. Brown: If the Comissioners have any questions relative to this particu-
lar program or proposal, I would be more than happy to entertain them.
Mr. Perez: Let me ask, do you have any specific proposals? Do you have any
budget, or anything specific...
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD.)
Mr. Perez: Mayor, can I ask the Manager what his recommendation is on this
issue?
Mr. Gary: I am sorry. I just came back into the room. Mr. Brown, we have
already approved the program and the funding, and it is a matter of Mr. Brown
updating us in terms of what he has done up until now.
Mr.Brown: Yes, what we are doing, this is a part of a conference that we were
allocated funds for the Miami City Commission to provide. We wanted to bring
it before the Commission, let the Commission look at the proposal and study
that we have done research on, to talk about the feasibility of it here, as
well as we have talked with members of the Mayor's office who said that we
should talk with people in the private industry to encourage them to partici-
pate, and hopefully private industry and the City would do cooperative joint -
venture in providing this particular program for the City of Miami.
Mr. Gary: This is the Youth Program, right?
Mayor Ferre: What? This is the Miami Youth Leadership...
Mr. Gary: Same program, yes.
Mayor Ferre: Well, have you had an opportunity to review this, Howard?
Mr. Gary: In all honesty, not personally. I reviewed the original proposal,
but this is a new proposal, then?
Mr. Brown: Yes, this is a result of the conference that we have been pulling
together and kinds of things and the number of kids that we
identified the areas that we would like to have impact on to carry out this
program.
Mayor Ferre: You are talking about a half -million dollar program, basically.
Mr. Gary: Oh, this is a ...
Mr. Brown: That is not right.
Mr Perez: (INAUDIBLE, NOT ON MICROPHONE)
Mayor Ferre: Oh no, I realize that. I want to tell you, without having read
this, and knowing the kind of work that you have done in the past, and knowing
the kind of results, I want to tell you that I am very supportive of a Miami
Youth Leadership Institute. Whether or not we can afford it, is something
else. Now, I certainly think that it is worth, Mr. Manager, your meeting with
Mr. Brown, and seeing if you can come up and put Staff to work on it and come
back with a recommendation one way or the other.
Mr. Gary: Yes, Mr. Mayor.
Mayor Ferre: And I think we can deliberate, and that will give us time to
read this, Les, and then we will put it up on the agenda for discussion. Mr.
Manager, I don't want to push you, because you have a lot of other things, but
you tell me when you can bring it back.
Mr. Gary: Can we do it the first meeting in June?
ld MAY 1 1 Mr.
Mayor Ferre: That is fine. That is more than that. I didn't think you...I
thought you would need more time than that. That is fine with me.
Mr. Gary: I am trying to be accommodating.
Mayor Ferre: That is fine, that is okay with me
Mr. Brown: Mr. Mayor, thank you. Members of the Commission, thank you very
much.
Mayor Ferre: Okay. Thank you very much, Mr. Brown.
46. EXPRESSION OF C0121ISSIOU SUPPORT OF MARTIN LUTIIF.R KING ECONOMIC
DEVELOPMMIT CORPORATIOW S EFFORTS TO ATTAIN FINANCIAL
INDEPENDENCE. COMMISSION EXPRESSES INTENT TO BECOMI; INVOLVED IN
ACQUISITION OF LINCOLN SQUA^.E OFFICE COMPLEX.
Mayor Ferre: All right, Mrs. Range.
Mrs. Athalie Range: Mr. Mayor, members of the Commission, for the record my
name is Athalie Range. I reside at 5727 N. W. 17th Avenue in the City of
Miami. Mr. Mayor and Commissioners, I am here today in support of Item number
55. This is the item which speaks to the purchase of the Lincoln Square nuila-
ing for the Martin Luther King Deveoopment Corporation, and I would like to
just take a moment and tell you why I am...
Mayor Ferre: Mrs. Range, this is something that you and talked about a year
and a half ago, right?
Mrs. Range: That is correct, Mr. Mayor.
Mayor Ferre: This Commission went on record with the Administration that
this be done.
Mrs. Range: Right.
Mayor Ferre: Mr. Manager, you are supporting it. I understand that has been
all worked out, is that correct?
Mr. Gary: Mr. Mayor, we support it. Most of the details have been worked out.
The final details have to be worked out, but we support it.
Mayor Ferre: Does anybody want to speak against it? All right, I am sure we
have all read our agenda packet and know what this is all about. Is there a
motion s that we can move along?
Mr. Dawkins: Moved.
Mr. Plummer: So moved.
Mayor Ferre: It has been moved by Dawkins, seconded by Plummer. Further
discussion on Item 55. All right, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 82-385
A RESOLUTION GIVING NOTICE OF THE CITY COMMISSION'S INTENT
TO SUPPORT MARTIN LUTHER KING ECONOMIC DEVELOPMENT CORPORA-
TION'S (MLKEDC) EFFORTS TO ATTAIN FINANCIAL INDEPENDENCE;
FURTHER GIVING NOTICE OF THE CITY COMMISSION'S INTENT TO
BECOME INVOLVED IN THE ACQUISITION OF THE LINCOLN SQUARE
OFFICE COMPLEX LOCATED AT 7TH AVENUE AND 62ND STREET IN THE
MODEL CITY COMMUNITY.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote -
id 7 G7 ��� Mal, � � ��82
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
AASENT: None
AFTER ROLL CALL:
Mayor Ferre: I vote "yes" Now, Mrs. Range, I don't want to stop you from
talking if you want to say something other...
Mrs. Range: That is perfectly all right, Mr. Mayor. I realize the time sche-
dule you have here and I just want to say one thing, that I would like to have
the Commission understand that this is going to be almost the beginning of a
sign of financial stability for the Black community which we need so greatly
and we are very appreciative of your efforts here this afternoon.
Mr. Carollo: On the contrary, Athalie, we appreciate the efforts that you have
taken for this community.
Mrs. Range: Thank you very much. I thank all of you.
Mayor Ferre: All right Mrs. Range, there is a request by the City Attorney
that we read the title. (AT THIS POINT MAYOR FERRE READS RESOLUTION TITLE.)
Now, it is obvious, therefore, that this matter does have to come back, Mr.
Manager, to the Commission for its final vote.
Mr. Gary: Yes, sir. That is....
Mayor Ferre: When you have the contract.
Mr. Gary:....because we have to have a contract, the details of the contract.
But, what we wanted to do was to get the City Commission's policy with regard
to using thos C. D. funds for that purpose.
Mrs. Range: Thank you very much.
Mr. Carollo: Thank you very much.
47. GRANT REQUEST FOR FUNDS MADE OF BEHALF OF TM' "1932 IIATIONAL
CHMIPIONSLIP ROWING REGATTA" TO BE FIELD AT MIAMI 11AR0E STADIUI4.
Mayor Ferre: Take up Item number 19. All right, sir.
Mr. Ralph Montalvo: My name is Ralph Montalvo. I am one of the founders of
the Miami Rowing Club and I am the Treasurer. For nine years we have been
working to develop the rowing effort in Miami and we have succeeded. Last
year, we obtained from the National Rowing Association of the United States
to come and see our
Mayor Ferre: Wait, Mr. Montalvo. This can be got through very quickly. We
have all read the memorandum. I will tell you, I think it is the greatest
thing that has ever happened here, for us to get the World Championship of
Rowing...
Mr. Montalvo: It is the U. S. National Championship.
Mayor Ferre: The U. S. National Chamionship, and I think it is the most ex-
citing thing, and I hope that we move on it quickly and that you secure it
and that these people are happier and come back many, many times. Now, I have
only got one problem. It is not this year. I am going to vote with you for
MAY Ii19E2
the $15,000. My problem is, that I would hope that Metropolitan Dade County
and the T.D.C. would participate and I would say to you the same thing that I
told those people that came in this morning for that Choral Society and that is,
hve you gone to the T.D.C. and asked for money?
Mr. Montalvo: I went last year and they ignored me. I went this year, and it
was item 99, or so, and I came in with a thousand dollars for the brochures.
Mayor Ferre: I guarantee you they are spending money...
Mr. Montalvo: And I do not intend to rely on the City of Miami, sir. I do not
like to ask for public funds and the necessity for a national championship, we
will do it with private funds in the future.
Mayor Ferre: Okay.
Mr. Plummer: Mr. Mayor, let me, for you, and the rest of this Commission, let
me tell you what has happened, and I think you ought to know it, because I -
think we ought to be out at the T.D.C. Mr. Mayor, of the money dedicated for
special activities such as this, that money has been dedicated for almost two _
years to the new....
Mr. Montalvo: To the New World Festival of Arts.
Mr. Plummer:.... New World Festival.
Mayor Ferre: Which is going to be a flop.
Mr. Plummer: Well, let's don't speak to that yet, all right? But, 2.7 million
dollars of that money has gone. Now, of the 20% that C. & A. get, only 10% of
that 20% is set aside for special events. Now, I think what this Commission
needs to do is to get better orientated and go down there and demand that a
bigger percentage of that money be set aside for special events.
Mayor Ferre: Right. In the meantime, J. L., these people have got to either
move or not move, and either we are going to have the National Rowing Champion-
ship in Miami, or we are not going to have it in Miami.
Mr. Plummer: All right. Let me ask a question, Mr. Mayor, because you know...
Mayor Ferre: You are talking about $5000 for the National and $10,000 for the
Juniors, as I recall.
Mr. Montalvo: $10,000 for the Juniors and $5000 for the National, that is right.
Mr. Plummer: Okay, so if we don't get back into another hassle, where is it
going to be, sir?
Mr. Montalvo: At the Miami Marine Stadium, sir.
Mr. Plummer: Okay, well, wait a minute now. Heh, you know, things have changed
over there.
Mr. Montalvo: And we pay the fee every year, sir.
Mr. Plummer: No, sir. That is not the problem. There is another problem.
All right, sir, are you aware that the City now has a concessionaire over there
who has rental dock space, and they have to have ingress and egress for their
customers.
Mr. Montalvo: We have worked out a twenty minute break every hour. We will
put a marine patrol...
Mr. Plummer: Sir, I have no problem, as long as you have worked it out. That
is fine with me, but I think we have to protect our concessionaire.
Mr. Montalvo: Oh, yes sir.
Mayor Ferre: Is there a motion?
Mr. Plummer: I move it.
Id
37 1982
MAY 111982
0
Mr. Perez: I move it.
Mayor Ferre: Moved by Plummer, seconded by Perez, Further discussion?
Call the roll on Item Number 19.
The following motion was introduced by Commissioner Plummer, who moved its
adoption:
MOTION NO. 82-386
A MOTION GRANTING A REQUEST FOR FUNDS IN AN AMOUNT NOT TO
EXCEED $14,250 MADE BY MR. RALPH MONTALVO IN CONNECITON WITH
THE "1982 NATIONAL CHAMPIONSHIP ROWING REGATTA" TO BE HELD
AT THE MIAMI MARINE STADIUM BOTH IN THE JUNIOR AND MASTER'S
CATEGORIES.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice —Mayor Joe Carollo
Mayor Maurice A. Ferre.
NOES: None
ABSENT: None
ON ROLL CALL:
Mayor Ferre: "Yes" with enthusiasm, but with a warning to you that I expect
you to get money from the County after you have proven the success of what you
are going to have. And I want you to remember where you got your money, and I
don't want to see something that says "Metropolitan Dade County" and all this
kind of stuff, okay?
Mr. Montalvo: Yes.
Mayor Ferre: City of Miami.
Mr. Montalvo: Yes, sir, City of Miami, and you know what our shirts look like,
because I think you have one that won the National Championship in Washington
and says Miami, not Dade County.
Mayor Ferre: Thank you.
48.
GRANT CASs! ASSISTANCE TO "MLAMI/BAFXIAS GOOTIBAY FESTIVAL III
COCONUT GROVE, INC", VACATE/CLOSE CERTAIII STRZETS SUBJECT TO THE
ISSUANCE OF TYE NECESSARY PERMITS.
Mayor Ferre: All right now, Goombay Festival.
Ms. Frankie.Shannon Rolle: Honorable Mayor, City Commissioners, all pf you are
familiar with...
Mayor Ferre: We need your name and address for the record.
Ms. Rolle: My name is Frankie Shannon Rolle, 3430 Williams Avenue) Coconut
Grove. All of you are familiar with the Goombay Festival, and we are here to
ask for additional funds. We sent you a communication on April 15th asking for
additional funds in order to put on this festival and there was one direction
that we wanted to make and that was Item Number 4 in the communication of April
15th, and that was to extend the festival route. We gave special reasons for
wanting to extend the festival route.
ld 138 1962
MAY 11
Mayor Ferre: All right, Mrs. Rolle, getting back to it, I think all of us are
very supporting of what Goombay has done and will do. Now, the question is,
one of funding.
Mr. Plummer: No, and also to extend.
Mayor Ferre: And to extend - what?
Mrs. Rolle: And extended route.
Mayor Ferre: Now, I read the memorandum and your letter and what have you,
and I have got to tell you that I am somewhat confused, because I don't know
exactly what you are asking for.
Mr. Plummer: They want to bring it down toward McFarland.
Mrs. Rolle: Right.
Mayor Ferre: And I am all for that, you know, as long as it is controlled.
My problem now, is on the dollar value. How much are you asking for? Because
I saw two figures. One was $28,000, or something and the other one is...
Mrs. Rolle: No, it is $33,000, and most of it - all of it will go back to the
Police Department and the Sanitation Department, The City of Miami Police and
the City of Miami Sanitation.
Mayor Ferre: Now, the question that I have, is how much did we give? Roy, we
are in the middle of something now. Mr. Manager, how much did we give the
Little Havana Calle Ocho and the Carnival, or whatever?
Mr. Gary: Cesar.
Mayor Ferre: Question is, on Goombay Festival, they are asking $33,000. Now,
how much did we give - I guess the biggest Latin or Cuban event was Carnival
right?
Mr. Cesar Odio: There are two, Calle Ocho and Carnival.
Mayor Ferre: How much did we give Calle Ocho, and how much did we give Car-
nival?
Mr. Odio: Calle Ocho, $19,000.
Mayor Ferre: $19,000, okay.
Mr. Odio: Carnival Miami, I believe it was $29,000.
Mr. Gary: $30,000.
Mr. Odio: Plus $10,000 additional for the T.V. ...
Mayor Ferre: But that was for T.V. coverage. I am talking about what did
you give Carnival, $29,000?
Mr. Odio: $29,000.
Mayor Ferre: How much did we give Kwanza? The only other Black festival
that I know of other than Goombay is Kwanza, right?
Mr. Odio: Mayor, I don't know.
Mr. Gary: If I recall, I think it was about $22,000..
Mr. Odio: I can look in my book and...
Mayor Ferre: I will tell you the way I look upon this. As far as I am con-
cerned, we have given the Cuban community $40,000, and $10,000 is $50,000.
Mr. Plwmmer: No, $60,000.
Mayor Ferre: Where do you get $60,000?
139 MAY l l 1982
ld
Mr. Plummer: $19,000, $30,000 and $10,000, that is $60,000.
Mayor Ferre: $60,000, so I have no problems with giving Goombay $30,000, if
that is within the...the problem is, that we have this committee now. We are
about to get this committee again, aren't we? What does the committee recomend?
Mr. Odio: Well, the committee hasn't met, sir.
Mayor Ferre: Well then, how can we approve this?
Mr. Gary: The committee met and you gave them $10,000, and what they are ask-
ing for is the opportunity, or they are asking you to provide police and sani-
tation services for them.
Mayor Ferre: That is $33,000 - in addition to the $10,000?
Mr. Gary: In addition to the $10,000. However, you can not give ... you can,
but your policy is not to give them the police services. You have to give them
a grant to pay for the police services.
Mr. Plummer: How many days are you contemplating?
Ms. Rolle: Two.
Mr. Plummer: Two days, Saturday and Sunday?
Ms. Rolle: Saturday and Sunday. We will have opening ceremonies on Friday,
usually in Peacock Park.
Mr. Plummer: And how far to you propose to extend? I am assuming from Doug-
las on the west. How far to you propose to extend to the east?
Ms. Rolle: Could I just read the route to you? Because, I am not too familiar
with the east, west and so forth.
Mr. Plummer: No, I don't believe that.
Ms. Rolle: As long as I have been in the Grove - I know you don't! To extend
the festival route from Commodore Plaza to Main Highway along Main Highway
south of Franklin Avenue.
Mr. Plummer: Let me tell you where my problem is, okay? My problem is traffic,
and I want to tell you something. I have no problems if you probably were to
come straight, but has this been proffered to the Police Department for what
chaos or no chaos this is going to create in a traffic problem, of getting
people. When you start talking about Main Highway, you are cutting off both
exposures to the south and to the west. Now, you know, if the Police Department
can live with it, that is one thing, but I don't think this has been...
Ms. Rolle: No, we got support letters from the Coconut Grove Chamber of Com-
merce....
Mr. Plummer: The Coconut Grove Chamber doesn't stand out on that street get-
ting hell knocked out of them! You know?
Ms. Rolle: .... but that is not the Police Department, I understand that.
Mr. Plummer: When is the festival contemplated?
Ms. Rolle: The 4th through the 6th of June.
Mr. Plummer: Well, you know, I am just very much concerned - very much con-
cerned about traffic patterns.
Mayor Ferre: Well, J. L., I will tell you, I am willing to take a chance.
Let me tell you, I remember you (and I respect you for it) and you voted
against it.
Mr. Plummer: Against what?
140
MAY 11 1982
Mayor Ferre: Against 14th and Flagler and the traffic and all that.
Mr. Plummer: Oh, yes, yes. No, I didn't vote.
Mayor Ferre: You didn't vote, okay, but you had concerns about traffic there,
so I understand....
Mr. Plummer: Sure did.
Mayor Ferre:....where you are coming from and I respect you for it. However,
I want to say that this is the only festival where White and Black people are
functioning together.
Mr. Plummer: I am all for these people in every way, shape and form, but I
beg you to please get an opinion from the Police Department regarding that
traffic.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD.)
Mr. Dawkins: (COMMENTS INAUDIBLE - NOT ON MICROPHONE.)
Mr. Plummer: (COMMENTS INAUDIBLE - NOT ON MICROPHONE.)
Mayor Ferre: Miller Dawkins moves that this grant be given with the condition
that it be approved with regard to traffic flow by the Miami Police Department.
Is there a second?
Mr. Plummer: Second it.
Mayor Ferre: Further discussion.
Mr. Plummer: If it is approved subject to the approval of the Police Department.
Mayor Ferre: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
-j moved its adoption:
Id
RESOLUTION NO. 82-387
A RESOLUTION CONCERNING THE SIXTH ANNUAL BAHAMAS GOOMBAY
FESTIVAL, WHICH IS TO BE HELD DUNE 5 AND 6, 1982, CLOSING
CERTAIN STREETS TO THROUGH TRAFFIC ON THOSE DATES DURING
SPECIFIED HOURS AND ESTABLISHING A PEDESTRIAN MALL; SAID
STREET CLOSINGS SUBJECT TO ISSUANCE OF PERMITS BY THE
POLICE AND FIRE DEPARTMENTS; AND PROVIDING A GRANT OF
CASH ASSISTANCE IN THE AMOUNT OF $33,000 TO "MIAMI/BAHAMAS
GOOMBAY FESTIVAL IN COCONUT GROVE, INC."; SAID FUNDS TO BE
ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS; QUALITY OF
LIFE -CONTINGENCY FUND; FURTHER AUTHORIZING THE CITY MANA-
GER TO EXECUTE THE NECESSARY SUPPORT AGREEMENT SETTING
FORTH THE CONDITIONS UNDER WHICH THE CITY WILL PROVIDE
THE CASH ASSISTANCE GRANT; AND ESTABLISHING THE AREA PRO-
HIBITED TO RETAIL PEDDLERS DURING THE FESTIVAL PERIOD.
(Here follows body of the resolution, omitted here and on
file in the Office of the City Clerk).
141 MAY 111982
Upon being seconded by Commissioner Plummer, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
FOLLOWING ROLL CALL:
Mayor Ferre: I want'to vote "yes", but I want to tell you something. Again,
have you been to the T.D.C. and ask for funds?
Ms. Rolle: Yes.
Mayor Ferre: And what did they give you?
Ms. Rolle: Oh, no commitment yet.
Mayor Ferre: Okay, well, I want you to notice the difference between City of
Miami and Metropolitan Dade County, and we expect for you to go back and
press for the T.D.C., and the second thing that I want to tell you is, you
had better succeed. If you have a bad Goombay Festival, I don't care if
your name is Rolle; I don't care if you come from one of the most distinguished
and oldest family in this community; and I don't care if you are Black, or
White or whether you live in Coconut Grove, or not, you are not going to get
my vote next year, so you had better be successful.
Ms. Rolle: We expect success, and that is what we will have.
Mr. Dawkins: I would like to add to that, as I told you the other day, that
if I see one penny in the proposal next year to bring over the Nassau, Baha-
mas Band, you do not have my vote.
Ms. Rolle: Thanks.
Mr. Dawkins: If Nassau does not think enough of this event to pay the freight
for them to bring their bands over in an effort to promote Nassau, I don't
think I should bring them over here. Now, that is just my personal opinion.
Mrs. Rolle: Thanks.
Mr. P111-mer: We can put uniforms on Billy Rolle's band.
49. DISCUSSION IN CONNECTION WITH A PROPOSED `HYDROFOIL WATERBUS .
Mr. Stuart Sorg: Mayor Ferre, members of the City Commission, my name is
Stuart Sorg, I am here as a businessman from Coconut Grove. I am chairman of
the Waterfront Board of the City of Miami. Two years ago, the City Commission
verbally endorsed the concept of a waterborn transportation system through a
recommendation I made as president of Chamber of Commerce of Coconut Grove.
This dream is now coming through in Miami. The waterborn transporation sys-
tem which will be represented by hydrofoil is now at Dodge Island. It is a
twenty passenger vessel. We are proposing to conduct a feasibility study.
This vessel, if you will just take a minute and let me read a couple of items
to you. This vessel is known as a flying boat. Its trips are called flights.
The same hydrofoil has been operating for fifteen years on Lake Titicaca. It
has the same Cummings diesel engine. It costs six cents per seat per mile to
operate. It goes hand in hand with the growth and development of downtown
Miami. We need this type of transporation system. We hope to build three
id
� 2 MAhi
V 11 1982
•
s
brand new vessels and build them in Liberty City which hopefully, if we can
get this thing operating, which would put a payroll of $250,000 to $500,000
in the Liberty City area. I would like to take this moment to introduce Mr.
Darius Morgan, who is the owner of the hydrofoil and also Carillon Tours Limited
who will give us a presentation from his video tapes and we will be delighted to
answer any questions. Mr. Morgan.
Mayor Ferre: Mr. Morgan, it is always nice to have you in our City, in our
community.
Mr. Darius Morgan: My name is Morgan. I am involved in operation and build-
ing of the hydrofoil for about eighteen years, and I feel that it is a very
successful operation in Lake Titicaca, which is in the middle of nowhere. I
don't want to make a speech. People are tired. We are going straight to the
video. It is very nice. It is something to relax also to watch it. And what
I want to mention about the details. This is the future, but it is a future
which starts tomorrow.
Mayor Ferre: Turn the lights out.
(AT THIS POINT AN AUDIO-VISUAL PRESENTATION OF THE PROPOSED HYRDOFOIL
TOOK PLACE.)
Mayor Ferre: All right, I think in the interest of time, Mr. Sorg - we get
the general point.
Mr. Sorg: Okay, what we would like to do is, we have it here. I think it
will create tremendous excitement in Miami, as far as the P. R. image. We
need the City's help. What I would like to propose is possibly that a Com-
missioner could meet with me and we could meet with the Manager this week
and work out some funds, as we are not sure exactly how much we need. There
won't be a great deal. Would you approve that?
Mayor Ferre: Well, look, I think what you really need is not the Manager. I
think the Manager should assign somebody specifically to this, and then maybe
a member of this Commission, who may want to be involved. I will tell you
what. I will do it personally, but you are going to have to wait until I
come back. I am going to be gone until Sunday, but next week, anytime I will
be happy to spend...can we do it in two hours?
Mr. Sorg: Absolutely!
Mayor Ferre: Okay. Mr. Manager, will you assign this to somebody?
Mr. Gary: Yes, sir.
Mayor Ferre: I don't know, is this part of Charlotte's operation - Trade and
Commerce?
Mr. Sorg: Sure, put her on it. That would be good.
Mayor Ferre: Yes?
Mr. Sorg: Yes. Bring her in.
Mayor Ferre: Is that all right with you? I don't know.
Mr. Gary: Well, I have a problem with that. Mr. Mayor, I will either deal
with it personally or give it to somebody else.
Mayor Ferre: Who?
Mr. Gary: I will give it to the appropriate person. I will get in contact
with him.
Mayor Ferre: Well, whoever you decide should be doing this, please assign,
and we will do it next week. Anything else, Mr. Sorg?
IJ3 MAY 11 1992
s
Mr. Sorg: No, sir. Thank you very much, sir.
Mayor Ferre: All right. Thank you, Mr. Morgan.
_ 50.GRAIIT REQUEST FOR FUNDS MADE BY REPRESMITATIVES OF mIAMI YOUT:?
BASEBALL ACADEMIES IN CONNECTION WITS FORTECOVING `LITTLE WORLD
SERIES" TO BEG= 5/3/02 ($10,000.00).
Mayor Ferre: Now we have all these kids here. Joe, this is your item.
Mr. Carollo: Mr. Mayor, if I may, we are on Item Number 21.
Mayor Ferre: Yes, we are.
Mr. Carollo: Mr. Mayor, I think that one of the main commitments this Commis-
sion should make should be to the youth of our City. What these people are
trying to accomplish, I think should be complimented to the fullest for this
Commission. They are taking hundreds of young kids and getting them involved
in something as healthy as baseball...out from the streets, out from the pos-
sibilities of getting involved in things that they shouldn't be involved in,
and I think this Commission should go on record in helping them whichever way
we can, and that should be with some of our funds.
Mr. Armando Bucelo: If I may? For the record, my name is Armando Bucelo. I
reside at 506 S. W. 68th Avenue. I am the attorney for the City of Miami
Youth Baseball Academy. Mayor Ferre, Commissioners, for the first time, the
Baseball Academy for the City of Miami have agreed to join forces and unite
in a mutual organization called City of Miami Youth Baseball Academy. Under
the sponsor, The City of Miami, preceded Mr. Bobby Madura, whom I believe we
all know. The first Baseball Academy was founded in 1964 by a gentleman by
the name of Alfonso Rodriguez. Since then, over 20,000 kids have graduated
from such schools. The present group comprises nine academies, and more than
2,000 young boys are presently playing baseball in these academies. Our first
objective is to have a tournament between the nine academies from which an
all-star team will participate in a youth baseball world series here in Miami.
If I may now, we have already contacted the University of Miami Mark Light
Field and obtained the use of that free.
Mayor Ferre: Yes, that is all covered in your memorandum.
Mr. Bucelo: Okay, basically, what we are seeking from the City of Miami is
the amount of $10,000, for the City to sponsor.
Mr. Carollo: Mr. Mayor, I make the motion to move it.
Mayor Ferre: All right. There is a motion. Is there a second?
Mr. Perez: I second it.
Mayor Ferre: All right, it has been moved and seconded. Further discussion?
Call the roll.
The following motion was introduced by Commissioner Carollo, who moved its
adoption:
MOTION NO. 82-388
A MOTION GRANTING A REQUEST FOR FUNDING IN AN AMOUNT NOT
TO EXCEED $10,000 MADE BY A REPRESENTATIVE OF THE "MIAMI
YOUTH BASEBALL ACADEMIES" IN CONNECTION WITH THE FORTH-
COMING "LITTLE WORLD SERIES" TO BEGIN MAY 3, 1982, AT THE
MIAMI STADIUM, SUCH FUNDING TO HELP OFFSET TOURNAMENT
EXPENSES.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
144
ld 1982
MAY 11
s
0
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
AFTER ROLL CALL:
Mr. Bucelo: Thank you Mayor, Thank you very much.
Mr. Carollo: Thank you for the work you have done.
51. CITY C01111ISSION ABOLIS►.ES T_Y "MIA11I BOXING C0121ISSIO111P AND
DIRECTS TUE AD:1I111ISTRATION TO RESTRUCTURE SAID BO:Ii1G
C=f2SSIO11.
Mayor Ferre: Take up Item Number 20.
Mr. Alvin Goodman: My name is Alvin Goodman, 8585 Sunset Drive. I am a member
of the Miami Boxing Commission. I believe that your Item Number 34 is going to
take care of the first part of my program, which has to do with money, and I
think that that will probably be taken up at a later time, so I am not here
seeking any funds because Item Number 34 is related to that. I don't know if
Howard's assistant is here for Number 34, but I think they will be here later.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: I don't know how he ties into Item Number 34, but I am requesting
that it be withdrawn.
Mayor Ferre: There is a request by the Manager that Item Number 34 - well he
actually is withdrawing, you don't need to request it.
Mr. Goodman: All right, well if it is withdrawn, then I will not have to go
into what I wnated to say. The City of Miami Boxing Commission, which you have
just put back into effect, has been having boxing events and wrestling events
and making money, and the money has been going into the general fund, so we
are seeking approximately $1,000 to go into our funds for the use of the Com-
missioners, for such things as going to conventions, such things as paying
incidentals and such.
Mayor Ferre: Does this have your recommendation, Howard?
Mr. Gary: Well, obviously, his letter to us really didn't explain what his
request was, and I out of the goodness of my heart, I put it on the agenda.
I have to have an opportunity to talk to my staff with regards to recommenda-
tions.
Mayor Ferre: All right. Alvin, you have been around a long time, okay? And
you know that we have got to work through a system here.
Mr. Goodman: Yes, I understand.
Mayor Ferre: The Manager is the chief head of the Administration, so we have
got to go through the process.
Mr. Goodman: All right, fine. Fine.
Mayor Ferre: I've got no problem with a thousand dollars.
Mr. Goodman: Yes, I know. I will get back to you on this. I'm not too wor-
ried about that. I would just like to also bring your attention to the second
Id 145 MAY I 1 1982
item that I have real quick. We now have five commissioners. Now, there are
two commissioners, one by the name of Dynamite James Kinnon, who is a very, very
fine gentlemen, but he is very ill. We would like to make him an honorary com-
missioner and have the necessity of another commissioner appointed, and second-
ly, there is another commissioner by the name of Miguel Recarey. Miguel Recarey
hasn't come to any of the meetings, except I think, the first one. I don't
think he is interested anymore, so I am suggesting to this Commission to make
an appointment of seven commissioners, possibly. Let's make Dynamite honorary
commissioner.
Mayor Ferre: No, sir. No, sir. The way we do this, Al, is this way. If a
man doesn't go to a meeting, he gets taken out, okay? So, whoever has not
attended is no longer a member of that commission. There is a vacancy.
Mr. Goodman: Well, who is going to remove him, Mr. Mayor?
Mayor Ferre: I'm going to remove them. The Commission is going to do it.
We have done it with everybody else, We just did it. We are doing it with
people on the zoning and the other boards, and I don't see that this is an
exception.
Mr Goodman: Okay.
Mayor Ferre: Very simple. If people don't go to the meetings, then they
don't want to belong to the boards.
Mr. Goodman: I just would like to make one other suggestion, and then I will
leave it up to you gentlemen, whatever you want to do. My suggestion also is
that the chairman, which was appointed by this Commission, I would like to
request from here on out that it be appointed for one year, and then for the
second year, let the commission appoint the chairman - the Boxing Commission
itself appoint his own Chairman.
Mayor Ferre: I have no problems with that.
Mr. Goodman: Okay. That is all I have to say.
Mayor Ferre: As long as you rotate it and you don't keep it with one guy for
too long a period.
Mr. Goodman: Exactly. Exactly, that is what I am in favor of, and I will
tell you why I say that, because if the chairman doesn't carry through on a
lot of things, I mean, I think someone else should be there to do it.
Mayor Ferre: All right, what I want you to do is, I want you to come back,
and first of all, I want you to meet with the proper person in Administration.
Number two, I want you to come back with a new set of rules, like vacancies
and attendance, and the chairmanship and all that, and then come back with a
recommendation from the Administration.
Mr. Goodman: All right, then I will meet with the City Manager and I will give
you a call.
Mayor Ferre: I've got one question for you. You have five members. How many
of those are Black; how many are Latins and how many are...
Mr. Goodman: Well, we have three Latins, one Anglo-Saxon, and one Black.
Mayor Ferre: Okay, and the only Latin that isn't making it to the meetings is
Miguel Recarey. Who are the other two Latins?
Mr. Goodman: Mr. Puig, and Armando Galvan. He has been coming, Armando Gal -
van.
Mayor Ferre: Who? Armando Galvan. I will tell you what, just so that we can
have a little fun and do this thing right, I would like to move that this board
be abolished and we start all over again.
Mr. Goodman: Well, we are right in the middle of some things that I have to
go to...
Mayor Ferre: Yes, well, there are some members on. that board that I am not
overly thrilled with.
14.
�D MAY 11 198Z
Mr. Carollo: Well, if you recall, I tried to tell you back thenl
Mr. Goodman: Well, look, I am not thrilled myself with a lot of the members,
but you know, I have been trying to get this thing off the ground, and I can't
get it off the ground. 1 go to all the conventions. I make all the reports.
I keep my end alive. I come down here and talk what a great job the City is
doing. I'm talking about the new convention. I am going to get you Don King
promotions, I am going to get you top rank promotions, they all respect me.
Now, I can get you all the fights you want. Give me some powers.
Mayor Ferre: All right, Alvin, I am making a motion that this Miami Boxing
Commission is not functioning properly. I move that it be abolished, and
that you be appointed as a one-man committee to meet with the Administration
to restructure this Boxing Commission so that it is effective, all right?
Mr. Goodman: Yes, sir.
Mayor Ferre: And, I would like to ask each member of the Commission to be
prepared within the next two months to appoint a member to the Boxing Commis-
sion.
Mr. Goodman: That will be fine with me.
Mayor Ferre: I move that.
Mr. Goodman: I would like to tell you one thing, sir. I would like to tell
you about Jack Garfield who has been very, very good.
Mr. Dawkins: I know one thing. It will be 9:00 o'clock, and I will be gone,
and you will still be standing there.
Mayor Ferre: Alvin, we have got a motion on the floor.
Mr. Carollo: There is a motion. Is there a second?
Mr. Dawkins: Second it. There is a second. Hearing no further discussion,
may we have roll call.
The following motion was introduced by Mayor Ferre, who moved its
adoption%
MOTION NO. 82-389
A MOTION OF THE CITY COMMISSION STIPULATING THAT, AFTER A
FINDING THAT THE MIAMI BOXING COMMISSION, AS PRESENTLY CON-
STITUTED, IS NOT AN EFFECTIVE COMMISSION, SAID COMMISSION IS
HEREBY ABOLISHED; FURTHER APPOINTING MR. ALVIN GOODMAN AS A
COMMITTEE OF ONE, AND DIRECTING THAT HE MEET WITH THE CITY
ADMINISTRATION IN ORDER TO RESTRUCTURE SAID BOXING COMMISSION.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None
ld JA E
001
MAY 11 1994
E7
52. G4A17r REQUEST FOR FUIMS MADE ON BEHALF OF "TKE CY.RISTIAI?
HOSPITAL" IN All AMOMIT NOT TO EXCEED $10, 000. 00.
Mr. Dawkins: Mr. Mayor, I have a pocket item I would like to bring up, please.
Mayor Ferre: Yes, sir.
Mr. Dawkins: Would you come up, Dr. Simpson?
Mayor Ferre: Dr. Simpson, okay.
Mr. Dawkins: The City of Miami seems to be the only one who is helping Dr.
Simpson, and he is trying to put a...move a Christian Hospital to 7th Avenue
and he needs $10,000. I would like to make a motion that we give him the
$10,000 to complete whatever study he has - and don't come back again, please,
Dr. Simpson.
Mayor Ferre: All right, there is a motion on the floor. Dr. Simpson, this
serves a public purpose.
Dr. George Simpson: This does serve a public purpose.
Mayor Ferre: For the record, this is a non-profit organization?
Dr. Simpson: Yes, Christian Hospital is a non-profit organization.
Mayor Ferre: And, it does serve the Black community and you are hopefully
moving?
Dr. Simpson: We are moving, and this will help us to move tremendously.
Mr. Plummer: Second.
Mayor Ferre: It has been moved by Dawkins, seconded by Plummer. Further
discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved its
adoption.
MOTION NO. 82-390
A MOTION GRANTING A REQUEST FOR FUNDING IN AN AMOUNT NOT
TO EXCEED $10,000 MADE BY DR. GEORGE SIMPSON, ON BEHALF
OF CHRISTIAN HOSPITAL, IN ORDER TO HELP SAID HOSPITAL IN
ITS PROPOSED MOVE TO A NEW SITE ON 7TH AVENUE
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
ld 1418 MAY 11 1982
Ij
Id
53. COMMISSION EXPR.ESSIOIJ IN SUPPORT OF A PROPER A,D BALANCED "FREEZE
ON NUCLEAR ARMAMENTS".
Mayor Ferre: All right, take up Item Number 15 next. Go right ahead, Mr. Strell.
Mr. Bayard Strell: Mr. Mayor and Commissioners...
Mayor Ferre: Mr. Strell.
Mr. Strell: Yes, sir?
Mayor Ferre: To save time, do you have a copy of your resolution?
Mr. Strell: No, sir, I thought I would leave that to your discretion. All
right, I would save you time. I move that the City of Miami Commission go
on record memorializing, that we are for a proper and balanced freeze on all
nuclear armaments, provided however, that there be parity and that there be
proper surveillance procedures and that we commend President Reagan for his
initiative in the last two weeks in trying to start negotiations with the
Soviet Union for nuclear disarmament. Does that cover it?
Mr. Strell: Completely, sir.
Mayor Ferre: All right, that will keep you happy, then right? I so move.
Mr. Dawkins: Second.
Mayor Ferre: All right, we have a motion and a second. Plummer, call the
roll.
Mr. Plummer: Call the roll.
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 82-391
A MOTION THAT THE CITY OF MIAMI COMMISSION GOES ON RECORD
AS BEING IN FAVOR OF A PROPER AND BALANCED FREEZE ON ALL
NUCLEAR ARMAMENTS: PROVIDED, HOWEVER, THAT PARITY AND PROPER
SURVEILLANCE PROCEDURES ARE INSTITUTED: AND FURTHER COMMEND-
ING PRESIDENT RONALD REAGAN FOR HIS INITIATIVE IN PROPOSING
NEGOTIATIONS WITH THE SOVIET UNION TOWARDS SUCH ENDS.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer Jr.
Mayor Maurice A. Ferre
NOES: Vice Mayor Joe Carollo
ABSENT: None
Mr. Strell: I congratulate the Commission on its foresight in so important
a matter. Thank you.
Mayor Ferre: That is okay.
MAY i 1 1982
s
54. BRIEF DISCUSSION ITEM: PROPOSED PLACEMLTT OF "CLOCKS" ON CITY
STREETS.
Mayor Terre: The next one is Item Number 22. That is you, Mr. Luis Parajon
of PRS International Consulting on clocks.
Mr. Luis Parajon: That is right. My name is Luis Parajon and my firm is PRS
Consulting.
Mayor Terre: Mr. Parajon for purposes, for purposes of time, and not your
time, I mean clocks. I am talking about we have previously requested, (I per-
sonally requested) there was group of very distinguished Spaniards who came
here with a proposal - Clark Merrill, is he around? I think you were involved
in that, weren't you? And then there was another group that came, and we cannot
choose one side over another. The question is, whether or not we want to put
this out for bids. Is that the question? All right, now, Mr. Manager, I
would like for you to meet with the different companies, (your staff) and come
back no later than the first meeting of July and bring back any recommendations.
I don't know how anybody else feels about it, but this is done all over Europe.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD.)
Mayor Terre: Clocks.
Mr. Plummer: Let me see a copy of it.
Mayor Ferre: Street clocks. liiey are beautiful. They are all over Paris
and Switzerland and what have you. We can't decide this tonight, but Mr.
Manager, would you put this on the agenda with a recommendation, "yes" or
"no", and I just want to tell you, and anybody can express their opinion, but
I am in favor, just like I am of bench advertising and shelter advertising,
which, by the way, I don't see any. What has ever happened to them, Mr.
Merrill?
Mr. Gary: We will talk to you about it next meeting.
Mayor Terre: I mean, how long is long?
Mr. Gary: Legal problems, but we resolved them.
Mayor Terre: I think this is something, that in my opinion would add a great
deal to the City. Okay? That is just my personal opinion. You want to add
anything else to it?
Mr. Parajon Yes, that is fine, that covers it exactly.
Mayor Terre: We are now on Item Number...
Mr. Plummer: Mr. Mayor, please don't let this gentlemen...where is the clock
man?
Mayor Terre: Clock man.
Mr. Plummer: Mr. Mayor, I think it should be underst000d, sir, that when this
is brought back before this Commission, if in fact, it is a "yes" vote, it will
go out to public bidding.
Mayor Ferre: He knows that.
Mr. Plummer: Oh, okay.
Mayor Terre: I think, Number one, it is a service to the community to have
clocks all over the place, and Number two, it is a source of income and
Number three, I think they are quite attractive. You can go to Paris or Lon-
don or any other major city in Europe and the community is full of those
things.
150 MAY 111982
�,
s
55. PERSONAL APPEARANCE: KIRA 11II3AILITCiEITDO-VEI1DORS' CART RIG*.TS.
Mayor Ferre: Okay, we are now on Item Number 23.
Ms. Kira Mihailitchenko: I live at 2901 South Bayshore Drive. On Monday,
April 19th, I received all my permits, certifications and licenses to oper-
ate my first hotdog cart. After working very hard for two days in this area,
on Wednesday, April 21st, I was arrested at 10:00 o'clock in the morning at
the parking area of City Hall for standing still for approximately twenty
minutes. In other words, for not constantly pushing the hotdog cart, I was
arrested. This is a very discouraging situation, since this traveling store
I operate weighs more than three hundred pounds and it is humanely impossible
to push it constantly. The present regulations, Ordinance 39-15 puts us into
the category of Chinese Coolies, because the motor of this particular vehicle
is run by blood, and not gasoline. We need a more appropriate ordinance to
allow us to earn our living in dignity and security. Basically, we need to
extend this stationary time to conduct business as long as we do not inter-
fere with traffic and create disturbances. We are honest, hard working peo-
ple and should be allowed to do our job without the constant fear of an arrest
or incarceration. If we live the law the way it is now, we will put more than
a thousand licensed peddler's mobile carts into a category of criminals, which
they are not. They pay their licenses and dock fees. They work under the sun
and rain to make an honest living. They stay away from welfare. They stay
away from unemployment.
`rl
Mrs. Mihailitchenko: (Continued)
They provide a needed service to
the City offering wholesome food for less than a dollar. They recuperate
lithargic and high crime parts of the City from vagrancy and illicit busi-
ness for law abiding citizens to enjoy. I am only a woman standing in front
of you all, Mayor Ferre, respected Commissioners, dear dear public officials,
I come to you for a needed protection and support. I pray we may strive
together to make the public places of Miami a place of peace and understand-
ing where citizens are working together for a common cause for a better
Miami, for a greater Miami, for our Miami.
Mayor Ferre: I want to tell you that I don't know what the Commission is
going to do but I am for you. I think anybody that has your kind of courage
and your kind of guts and goes out and makes a living and when things get
rough and you're willing to go out and get on a bicycle and go around Coco-
nut Grove and what have you and sell hotdogs, if that isn't a free enter-
prise system I want to know what is.
Mr. Plummer: Mr. Mayor, I want to know if this item is tied in with Item 50
which is the Weenee Queenie?
Mr. Hearin: It originally was, Commissioner Plummer.
Mr. Plummer: Look at Item 50.
Mayor Ferre: Look, let me tell you something. As far as I'm concerned, I
know we have to have a certain amount of control and there's a process of
licensing and all of that but it has to be reasonable.
Mr. Plummer: Did you see Item 50?
Mayor Ferre: Yes, and I'm sorry. But I want to tell you that I think a lot
of people, I don't want to get into the issue of all those people that sell
flowers, that sell oranges and what have you....
Mr. Plummer: The day is coming.
Mayor Ferre: But I've got news for you, they don't offend me, they really
don't offend me.
Mr. Plummer: That's because they're not taking dollars out of your pocket,
but they are taking it out of legitimate stores.
Mayor Ferre: Yes, but J. L., I've got news for you. This is a world where
competition is a part of the world and you hear Eli Timoner say, "You want
to go back to regulation of airlines then I'll go do something else." And
he is about ready to go down the drain. I mean for Eli Timoner and Air
Florida to say that they don't want regulation is the most amazing thing I've
ever heard and I just, you know, my hat is off to him. And if somebody could
just go out and hustle flowers and sell the flowers for two dollars a bunch,
I'm sorry, but I want to tell you something: The people that are buying
flowers for two dollars a bunch out in the street are the cheapskates that
don't usually buy flowers for their wives or girl friends. Okay? Those
of us that do this because we have to on a regular basis, I buy mine from
the florist because I've got no other choice....
Mr. Plummer: You can't get any credit from the peddlers.
Mayor Ferre: I've got some noise for you and here is what it is. I guarantee
you that those flower peddlers are helping to sell more flowers and there are
people that are buying flowers today in this here Miami (as Ernie Fannatto
would say) that would never have bought flowers under normal circumstances,
and God bless them. And if this lady wants to go out and sell hotdogs I'm
for her.
Mr. Hearin: Mr. Mayor?
Mayor Ferre: Let's hear from the administration.
Mr. Hearin: For clarification. the Department of Recreation is
responsible for monitoring concession activity on parks and playgrounds, we
currently have a number of authorized concessionaires, we do have an obliga-
tion to protect them.
iv? MAY �g04
i
Mayor Ferre: I understand.
Mr. Hearin: Now these concessionaires have obtained the necessary
and proper agreements with the City to operate concessions....
Mayor Ferre: But they don't have an exclusive.
Mr. Hearin: No, they don't. But it wouldn't be fair to them...
Mayor Ferre: I agree with that.
Mr. Hearin: ....for somebody to park right next to them in compet-
ition when these people have gone through the necessary steps.
Mayor Ferre: I understand.
Mr. Hearin: Now, there are appropriate avenues for any vendors to
obtain.....
Mayor Ferre: Tell me what the appropriate avenues are.
Mr. Hearin: All right, they can acquire other park sites in which
to vend, there are about a dozen parks that currently do not have concessionaires
that are available for concessions. They also have the right to obtain permis-
sion from private property owners to vend there other than the downtown area.
Mr. Plummer: Hey, Mo, what is the guy in Kennedy Park, he pays us a concession
agreement....
Mayor Ferre: But the guy in Kennedy Park, J. L., does not have an exclusive right
to sell hot dogs in Kennedy Park, does he?
Mr. Plummer: That's right, and she can go down to Kennedy Park tomorrow and
sell hot dogs if she is going to give us a part of the concession, that is
only right.
Mayor Ferre: Wait, let me finish, let me interrupt you, excuse me. I don't
think we should give her some special right that others don't have. On the
other hand, I think that if we give people licenses and they pay for them
then there is no way that you can do it for free. So what I'm saying is I've
got no problems with you competing with somebody else.
Mrs. Mihailitchenko: I pay $415 a year for operating in the City of Miami.
Mayor Ferre: She paid $415.
Mr. Walter Pierce: Mr. Mayor and members of the Commission, Mrs. Mihailitchenko
did acquire a traveling store license from the City but there is a Section in
the Code, Section 39.15 that she stated that she was cited for, staying in one
place too long. That's not the way the ordinance reads. It says that you can
not locate on the public right of way or on publicly owned property for the
purpose of transacting business. She was cited for doing business out here
at the corner.of Pan American and Bayshore Drive. In order to allow her to
operate there under the existing ordinances of the City, you would have to
declare this area to also be a park and then allow the Parks Department to pre-
pare the appropriate resolution to award that as a concession area. At any
time a vendor of any sort including those folks that sell flowers and oranges
and everything else stop on public right-of-way, they're in violation of
Section 39.15 of the City Code and you would, in effect, have to amend that
Code.
Mr. Plummer: Let me ask you a question. There is a vendor existing in
Kennedy Park in a Limeade truck.
Mr. Pierce: He is a designated vendor by the City.
Mr. Plummer: Okay. Now, he pays the same licenses that she does.
Mr. Pierce: Plus a percentage.
Mr. Plummer: What does the City get out of it as a percentage?
Mr. Hearin:
We get 18% or $500 a month.
Mr. Plummer: That's all I'm saying, she has that right.
.53 MAY 19
R
Mayor Ferre: Then you cut the same deal with her and she's going to have
to give 18% of whatever she sells.
Mr. Plummer: That's right.
Mayor Ferre: And then you go sell your hotdogs.
Mr. Plummer: That's right, I've got no problem with that.
Mayor Ferre: As far as I'm concerned I've got no problem with her selling
hotdogs right here.
Mr. Plummer: None at all.
Mr. Pierce: Sir, this is not a park.
Mayor Ferre: Well, I've got no problems with the limeade people, the hotdog
people coming right here at the front door of City Hall selling hotdogs and
limeade, that doesn't offend me.
Mr. Gary: That's fine, Mr. Mayor, but you've got to change your Code and
you've also got to be concerned about this thing getting out of hand.
Mayor Ferre: I agree with you. Now let me put it to you this way. And
I'll do it in the form of a motion if nobody else will. I will move that
(1) that this lady be permitted to do the very same thing the other conces-
sionaires are doing in the park for hotdogs - what ever is sauce for the
goose is sauce for....
Mr. Plummer: Or whatever she sells.
Mayor Ferre: Well, that's what she sells is hotdogs. Isn't that right?
Mrs. Mihailitchenko: Yes, I sell hotdogs and Coca Cola.
Mr. Plummer: Well, whatever your gross sales are you'll have to give the
City 18%.
Mrs. Mihailitchenko: Yes, gladly.
Mayor Ferre: And you're going to have to give the City whatever everybody
else pays us. Now, if you don't want to do that then you've got no cause
here. Okay? Now, if you do it then you can go out and sell your hotdogs.
(2) I see no reason why on the same kind of a concession basis that - do we
have a concessionaire at Peacock Park?
Mr. Hearin: Yes, we do.
Mayor Ferre: And what does the concessionaire at Peacock Park sell?
Mr. Hearin: Hotdogs and Cokes.
Mayor Ferre: Okay, so you can't go into Peacock Park or can she?
Mr. Hearin: No, we cannot, we cannot place a concession that would
be in conflict with the existing concession.
Mayor Ferre: Okay, so you can go get the concession for this park over here
where people run, Kennedy Park and make it extensive into right here......
Mr. Pierce: Mrs. Mihailitchenko had applied for some parks in the Grove.
Mayor Ferre: Who did?
Mr. Pierce: Mrs. Mihailitchenko.
Mrs. Mihailitchenko: Not yet because I have problems with liability insurance.
Mr. Pierce: Well, she withdrew her request prior to today but that was on
the Item 50.
Mr. Plummer: What two parks in the Grove, was one of them Virrick
Mr. Pierce: Coral Gate and Grand wasn't it?
.LV- i
MAY 1 1 1992
s
E
Mr. Iicarin: Grand and Coconut Grove Mini and Coral Gate.
Mr. Plummer: Grand Park and the other one which was what?
Mr. Hearin: Grand Avenue and Coconut Grove Mini Park.
Mr. Plummer: That's not even open.
Mr. Hearin:
It's open to the public.
Mr. Plummer: well, officially.
Mayor Ferro: You know, where the people are is Kennedy Park and that is prob-
ably where she is going to want her concession.
Mrs. Mihailitchenko: well, I live in the area, I live in Coconut Grove, my
children play in these grounds, my husband goes jogging in this area, I would
like to work in this area, to improve this area. It is my primary interest
that this area is safer.
Mayor Ferre: Okay, what is the problem now?
Mr. Hearin: The concessionaire at Kennedy Park also has the same
rights, you cannot place a concession at that park that would be in conflict
with his existing concession.
Mayor Ferre: Does the lemonade guy sell hotdogs?
Mr. Hearin: He sells sandwiches which we would have to get a legal
opinion if that would be in conflict, but I could interpret.....
Mr. Plummer: well, let he consider Grand and Grove Mini.
Mr. Hearin:
She has requested those.
Mayor Ferre: Mr. City Attorney, is hotdogs competitive with sandwiches legally?
Mr. Hearin: it is a sandwich, Mr. Mayor.
Mr. Plummer: Is it a public purpose?
Mayor Ferre: It is a completely separate and different kind of a thing,
what are you talking about?
Mr. Pierce: it is a sandwich.
Mayor Ferre: Hotdogia and sandwiches are not the same thing.
Mr. Pierce: Sandwich is defined as bread with some filling in between.
Mr. Gary: Mr. Mayor, may I recommend, because there is a question about
exclusivity with regard to our concession agreements in the parks, can I
suggest that this beautiful young lady sit down with Mr. Pierce and the Law
Department and determine whether or not we can give her concession rights
to these additional parks?
Mayor Ferre: All right, look, we can't solve your problem today but I
think that this Commission has shown its good will and I'm sure that the
administration and the City Attorney's office understands that we are going
to try to help you as touch as we can. All right?
Mrs. Mihailitchenko: Thank you very much.
Mayor Ferre: Is that all right, Mr. Manager?
Mr. Gary: Yes, Mr. Mayor.
Mayor Ferre: We leave that in your hands and that of the City Attorney,
all right?
7 ct1
MAY 111982
a
56. BRIEF DISCUSSIO11 AID DEFEJ'.RAI. OF CONSIDT~W10I1 OF PROPOSED
INCREASE AND EQUALIZATION OF COIITRIBUTIOTIS TO TI:B CITY' S
"GROUP BMIEFITS SELF Ii1EURAPIan FtmDE", FOR DOTI: ACTIVE AND
RETIRED EMPLOYEES.
Mayor Ferre: We're on 64, Mr. Manager.
Mr. Gary: Mr. Mayor, I'd like for the Finance Department to discuss this
item.
Mr. Plummer: Is this the insurance?
Mr. Gary: Right.
Mr. Plummer: Mr. Teems, weren't you going to request this be deferred?
Mr. Don Teems: Yes, sir, that's going to be my request.
Mr. Gary: Well, we have deferred this item on three occasions in an attempt
to sit down and discuss differences with Mr. Teems and I don't think it is
fair at this time in view of the liability that the City will have to defer
this matter any further and I'd like to have members of my staff to discuss
this proposal before the City Commission at this time.
Mr. Plummer: A question, Mr. Gary. When is the present contract up?
Mayor Ferre: When is the what?
Mr. Plummer: When is the present contract up?
Mr. Teems: There is no contract, Mr. Plummer.
Mr. Plummer: There is a contract with Equitable.
Mr. Teems: No, that is a management contract.
Mr. Gary: We have a self-insurance....
Mr. Plummer: It is a service.
Mayor Ferre: Wait a minute, so that we can cut through this one way or the
other, why are you asking a delay for the fourth time now?
Mr. Teems: We attempted to sit down and negotiate some kind of a settlement
with the administration, ifter we found out that they wanted to come with a
rate increase in the City's insurance, that was several months ago, three,
four or five months ago. We did the research, we don't agree with their fig-
ures at all, we don't think there needs to be a rate increase. We sat down
and tried to resolve it, in fact, the City administration gave us a proposal,
a written proposal. We countered that proposal in writing. That was about
three weeks ago. Mr. Mielke contacted me by phone, questioned me on some
finer points of our counter -proposal and said he would get back to me. Yester-
day afternoon, I looked at the agenda and saw it on the agenda and using the
City administration's position for the rate increase. I asked for a legal
opinion from my attorney, and I think I've got two that are very good, that,
in fact, the City must negotiate any rate increase. In fact, it is a viola-
tion of the contract, it is also a violation of State law.
Mayor Ferre: All right, Mr. Mielke, I assume you're not in agreement with
that.
Mr. Dean Mielke: No, sir, I have a lot of respect for Mr. Teems and his
lawyer, Mr. Kaplan, I've known them for some time. Fortunately, we have
grievance procedures that end in final and binding arbitration on these
kinds of questions and our labor attorney does not say it is a mandatory
subject of bargaining and the contract is very clear on how any increase
in rates will be shared. We think the case they cite is not on point for
the question at hand.
Mr. Teems: Mr. Mayor, I gave everyone of the Commission I believe a copy
of the case on point from P.E.R.C., that is the Public Employees Relations
Commission who is the 447 upholder in the state.
MAY 1 1982
R
Mayor Ferre: Yes, but Don, the problem is that we cannot superimpose our
legal opinion over the City Attorneys.
Mr. Teems: I didn't hear any from the City Attorney, sir, I heard one from
the Labor Relations Officer.
Mayor Ferre: Mr. Clark, as I understand it, labor counsel who was who you
were quoting....
Mr. Mielke: Yes, sir.
Mayor Ferre: ...has made a statement, and have you had an opportunity to
review that?
Mr. Clark: No, but the resolution which we prepared and approved has a
section in it that says that the portion of the cost contributed by both
the employee and the City shall be determined in accordance with the col-
lective bargaining agreement for each respective employee.
Mr. Gary: Mr. Mayor, in my discussions with our labor attorney and in my
discussions with George Knox who unfortunately is not here, he concurs with
our labor attorney who we hire specifically for this purpose and if the unions
feel that they have a grievance if this City Commission decides in the City
administration's favor they have the right to appeal this through a grievance
procedure.
Mr. Teems: Mr. Mayor, there is also one other point that I'm not sure is a
legal point but I think I need to speak to and the administration somewhat
says I don't have the right to and that's the retirees. The retirees are
looking at 100% of this cost increase, 57% plus and it is a hell of an im-
pact on the retirees and I think that they don't even know about it. They
knew about it last night when I called them and said, "Hey, you'd better
get somebody down here today."
Mr. Dawkins: May I ask a question? With the cost of hospitalization where
it is, when you go in and at the present and who is supposed to pick up what
at what? How do we arrive at whatever difference there is now than when
it was when we negotiated the contract?
Mr. Teems: Mr. Dawkins, you're absolutely right. My problem is that I
settled a contract in January of this year, it was never mentioned to me
at the table that we needed a cost increase on insurance. Now, we negot-
iated the insurance article, in fact, made some changes in the insurance
article. Never once did anybody say to me "We need a rate increase" at
that table. After we ratified the contract, then "We need a rate increase
and we've needed it for two or three years." That's my problem, that's
part of my problem, Commissioner. Now, there is also another problem
that first off we don't agree with the City's facts and figures at all and
like I said, yesterday afternoon this came on the agenda that I saw it. I
didn't even know it was going to be here before then. We've got an econo-
mist, Dr. Marshall Barry, who has done research on it for several months
and we need to be able to present our position to this Commission. We can't
do that on a half a day's notice, he couldn't be here today.
Mayor Ferre: See, I think what you should have done, with all due respects
to you, we're going to quit in about 15 minutes and if you'll wait 15 minutes
this thing is automatically deferred.
Mr. Teems: It is Okay with me.
Mayor Ferre: See, instead of taking up our time right now and arguing
about whether or not it is going to be deferred you know damned well it
is going to be deferred if you kelp your mouth shut.
Mr. Teems: If I keep talking for 15 minutes.....
Mayor Ferre: Yes, but Don, we've got a lot of other important issues.
Mr. Teems: I understand that.
Mayor Ferre: Do you have any problem carrying this thing over, Howard?
Mr. Gary: Mr. Mayor, I want to go on record at this time informing this
City Commission that the best judgement of their professional staff says
that we should increase the self-�ce fund and if this City Commission
V MAY 11 1932
N
does not do it this City Commission is liable for that fund going into the
red. Now, I would like to correct the record, since we always worry about
the record, that the unions were informed after we postponed this for three
times in April, we told them in March, we told them in April when this was
going to come on and we kept postponing it.
Mr. Teems: It's not true.
Mayor Ferre: Mr. Gary, I'll tell you what, I'm not going to get into an
argument as to what's true and what isn't true, we're not going to cover
this thing tonight, we're not going to do it right now so my recommendation
is that you put this on the agenda for the next Commission Meeting and
we'll discuss it then. Okay?
Mr. Gary: Can we do it on the 27th?
Mayor Ferre: Fine, I've got no problems with that, just put it on early
and in the meantime have your discussions with them and let's get on with
it.
57. AUT17-ORIZE CITY MAiIAGER TO PURCHASE VACANT PARCEL OF PROPERTY
AT APPRO11_I21ATELY N.W. 20 STREET AND 21 AVENUE, FOF. ,"-60,000.00
FROM CITY FMIDS.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-392
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE, IN LIEU
OF CONDEMNATION, A VACANT PARCEL OF PROPERTY, COMPRISED OF EIGHT-
EEN THOUSAND TWO HUNDRED THIRTY-THREE SQUARE FEET, LOCATED AT
THE QUARTER OF THE CORNER OF NORTHWEST 20 STREET AND 21 AVENUE,
MIAMI, FLORIDA, ALLOCATING THE SUM OF SIXTY THOUSAND ($60,000)
DOLLARS FROM COMMUNITY DEVELOPMENT FUNDS TO COVER THE COST OF
ACQUISITION OF FEE -SIMPLE TITLE TO THIS PROPERTY AND OTHER COSTS
INCIDENTAL TO THE ACQUISITION.
(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.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: NONE.
,JLV V
MAY 1 1 1982
58. AUTHORIZE AIiD P011IT FLOrIDA EAST COAST PROP.^.rTY IIIC. TO
CONSTRUCT AND I ALITAIN A PED"ST^.IA? OVEPPASS/14AU'WAY ACnOSS
N.E. BAYSEORE DRIVE, APPROXIMATELY K114EL4 T iM 01241 GAPAGL AND
THE PLAZA VENIETIA MAARIOTT HOTEL.
Mayor Ferre: Yes, sir.
Mr. Lester Gersham: I'm representing Florida East Coast Properties on a mat-
ter authorizing and permitting Florida East Coast Properties to construct...
Mr. Plummer: What Item?
Mayor Ferre: 92.
Mr. Gersham:.... to construct and maintain a pedestrian overpass and walkway
over and across....
Mayor Ferre: Mr. Manager, you're recommending this, are you?
Mr. Gary: Yes, sir.
Mayor Ferre: Anybody have any objections to this? Is there any kind of a
problem on this?
Mr. Gersham: Mayor Ferre, could I add one item?
Mayor Ferre: Very quickly.
Mr. Gersham: I think that Public Works was desirous of having a limitation
on the height where this went over that should be part of this ordinance, I
think it was 15.6 above the street.
Mr. Plummer: Well, how high up is this thing?
Mr. Vince Grimm: 15.6 clearance underneath.
Mr. Plummer: What about the fire trucks?
Mayor Ferre: I think we need your name and address for the record, we didn't
get that. -
Mr. Gersham: My name is Lester Gersham, I live at 1631 N.E. 114th Street in
North Miami.
INAUDIBLE CONVERSATION.
Mr. Gary: This is 16 feet.
Mr. Plummer: He said 15.5.
Mr. Carollo: Is this Mr. Hollo's project?
Mr. Gersham: Yes, sir.
Mr. Plummer: Question: Has this been submitted to the Fire Department? I
remember distinctly when we were talking to..... I still ask the same ques-
tion, has this been submitted to the Fire Department?
Mayor Ferre: We don't have much time now, let's get a quick answer.
Mr. Gersham: The answer to your question is that it had been submitted to
the Fire Department previously.
Mr. Plummer: And they have approved it.
Mr. Gary% Yes, they have.
Mayor Ferre: Further discussion? All right, who wants to move this?
MAY 1 1982
R'
Mr. Carollo: Based on the approval of our Fire Department, I will make a
motion to vote yes on it and approve it based on that approval, however,
if they don't have the approval that's it.
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion? Call the roll on 92.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-393
A RESOLUTION AUTHORIZING AND PERMITTING FLORIDA EAST COAST
PROPERTIES, INC. TO CONSTRUCT AND MAINTAIN A PEDESTRIAN OVER-
PASS AND WALKWAY OVER AND ACROSS N.E. BAYSHORE DRIVE APPROX-
IMATELY 125 FEET NORTH OF N.E. 16 STREET BETWEEN THE OMNI
GARAGE AND THE PLAZA VENETIA MARRIOTT HOTEL.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: NONE.
59. 1ST AND 21TD rZADL;G ORDINANCE: V03D SEC. 1 OF 3719 (SUI21ARY GRANT
APP^OPRIA;.IOITS) ESTABLISE DEW T111UST AND AGENCY FUND: "SU14ZR
FOODS SERVICE PROG.IXI FOR CHILDRENT-19u2`-APP7:OP'_?LkTE $C4,410.00
FOR OPERATIONT OF SAITE.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 8719,
ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS
ORDINANCE, AS AMENDED: BY ESTABLISHING A NEW TRUST AND
AGENCY FUND ENTITLED: "SUMMER FOOD SERVICE PROGRAM FOR
CHILDREN-1982", AND APPROPRIATING FUNDS FOR THE OPERATION
OF SAME IN THE AMOUNT OF $84,410, 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 COMMISSION.
Was introduced by Commissioner Plummer and seconded by Comissioner Perez
for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis-
pensing 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.
ABSENT: None.
Whereupon the Commission, on motion of Commissioner Plummer and seconded
by Commissioner Perez, adopted said ordinance by the following vote:
1_60
MAY 1 1982
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ASSENT., None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9417.
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.
60. AUTHORIZE CITY IWIAGER TO ACCEPT ;'04,410.00 FROM. U.S. DEPARTHUNT OF
AGRICULTURE FOR A ':SU24r.^. FOODS SERVICE PROGRAM FO^ C� ILDR2N: .
DIRECT IWIAGER TO 114PLEIM-TT SAID PROGRAM.
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 82-394
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT $84,410
FROM THE U. S. DEPARTMENT OF AGRICULTURE FOR A SUMMER FOOD
SERVICE PROGRAM FOR CHILDREN AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NECESSARY AGREEMENT FOR IMPLEMENTATION OF THE
PROGRAM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ASSENT: NONE.
1161
82
MAY 1 19
0
61. AUTEORIZE CITY MANAGER TO ENTER INTO CONTRACTS WITF_:
(A) BELAFO14TE-TACOLCY; AND
(B) YOUTH CO-OP I41C., FOR ADMI11-IISTRATION AND OPE'.RATION OF
"SUMI-R YOUTH CETA TITLE IV:.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-395
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO PRO-
FESSIONAL SERVICES CONTRACTS WITH BELAFONTE-TACOLCY AND WITH
YOUTH CO-OP, INC., IN SUBSTANTIALLY THE SAME FORM AS THAT
ATTACHED HERETO, TO PROVIDE COMPENSATION FOR THE ADMINISTRA-
TION AND OPERATION OF THE SUMMER YOUTH EMPLOYMENT PROGRAM-CETA
TITLE rV.
(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.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: NONE.
62. ACCEPT BID: )=T.TY DRAPERY ASSOCIATES I11C., FOP. $184,450.00
ADDITIVE ITEMS "B" AND 'C" OF PROPOSAL FOR "CITY OF ICW'I/
UNIVERSITY OF 111AMI JAMS L. 110IGIET INTE^.MATIONAL CL TTE /
FINISHES AND MILLWO'=,"
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-396
A RESOLUTION ACCEPTING THE BID OF KENNEY DRAPERY ASSOCIATES, INC.
IN THE PROPOSED AMOUNT OF $184,450, ADDITIVE ITEMS "B" AND "C"
OF THE PROPOSAL FOR CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L.
KNIGHT INTERNATIONAL CENTER - FINISHES AND MILLWORK WITH MONIES
THEREFOR ALLOCATED FROM THE CONSTRUCTION ACCOUNT ESTABLISHED
FROM THE SALE OF $60,000,000 IN CONVENTION AND PARKING GARAGE
REVENUE BONDS IN THE AMOUNT OF $184,450 TO COVER THE CONTRACT
COST, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
SAID FIRM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Do trio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferro
NOES: None.
ABSENT: NONE.
'62
MAY 1982
63. ACCEPT BID: ROMA CONSTRUCTION I11C. $343,490.00, BASE BID FOR
PROPOSAL FOR "CITY OF MIAMI' UNIVERSITY OF 1:IA1!I/JAMES L. I.NIGIiT
INTERNATIONAL CE11TER/FINISHES AI1D MILLWORC".
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-397
A RESOLUTION ACCEPTING THF. BID OF ROMA CONSTRUCTION, INC.
IN THE PROPOSED AMOUNT OF $343,490, BASE BID OF THE PROPOSAL
FOR CITY OF MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTER-
NATIONAL CENTER - FINISHES AND MILLWORK WITH MONIES THEREFOR
ALLOCATED FROM THE CONSTRUCTION ACCOUNT ESTABLISHED FROM THE
SALE OF $60,000,000 IN CONVENTION CENTER AND PARKING GARAGE
REVENUE BONDS IN THE AMOUNT OF $343,490 TO COVER THE CONTRACT
COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner 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.
64. CONSENT AGENDA.
Mayor Ferre: Are there any items in the Consent Agenda that need to be pulled?
Mr. Plummer: Yes, 103, 105......
Mr. Carollo: Howard, I'm going to vote on 102 but I'd like to get something
from the Police Department.....
Mayor Ferre: Pull out 102.
Mr. Carollo: No, I'll leave it on, I just want to get some answers. Okay?
Mr. Gary: Yes, sir.
Mayor Ferre: All right, we are pulling now 103, 105. Anything else to be
pulled?
Mr. Plummer: Wait a minute, is that for the Convention Center? I'm sorry,
Mr. Mayor, only 105. I'm sorry.
Mayor Ferre: All right, we're pulling 105. Are there any other items in
the Consent Agenda that are going to be pulled? All right, hearing none,
is there anybody here that wants to speak to any issue on the Consent
Agenda which is items 102 through and inclusive of 118? Hearing none, is
there a motion?
Mr. Plummer: 103 is Litton strikes again. I move it. Oh wait a minute,
Maurice, I wanted to ask, is this thing, 110, is that thing, Mr. Mullins,
16
MAY 111982�
1% 1
is that thing straightened out now? Huh? No more hassles? Okay.
Mayor Ferre: Now, I also must abstain from Item 107 so pull that. So 105
and 107 are pulled. Is there a motion now on the rest?
Mr. Carollo: Move.
Mayor Ferre: Moved by Carollo, is there a second? Second by Perez, is
there further discussion? Call the roll on the Consent Agenda except 105
and 107.
The following resolutions were introduced by Commissioner Carollo,
seconded by Commissioner Perez and passed and adopted by the following
vote -
AYES: Commissioner Miller J. Dawkins
1 Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: NONE.
64.1 ACCEPT BID: AVIS RENT A CAR, INC. ($127,500)
RENTAL OF APPROXIMATELY 25 AUTOMOBILES
(FOR POLICE DEPARTMENT).
RESOLUTION NO. 82-398
A RESOLUTION ACCEPTING THE BID OF AVIS RENT -A -CAR, INC. FOR
FURNISHING APPROXIMATELY 25 RENTAL AUTOMOBILES FOR THE DEPART-
MENT OF POLICE ON A CONTRACT BASIS FOR ONE YEAR; AT A TOTAL
ESTIMATED COST OF $127,500.00; ALLOCATING FUNDS THEREFOR FROM
THE 1981-82 OPERATING BUDGET OF THAT DEPARTMENT; AUTHORIZING
THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE
ORDER FOR THIS SERVICE.
64.2 ACCEPT BID:LITTON OFFICE PRODUCTS ($56,425.69) CONVENTION CENTER
FURNITURE (PUBLIC WORKS)
RESOLUTION NO. 82-399
A RESOLUTION ACCEPTING THE BID OF LITTON OFFICE PRODUCTS FOR
FURNISHING CONVENTION CENTER FURNITURE FOR THE DEPARTMENT OF
PUBLIC WORKS; AT A TOTAL COST OF $56,425.69; ALLOCATING FUNDS
THEREFOR FROM THE CONVENTION CENTER ENTERPRISE FUND; AUTHORIZ-
ING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PUR-
CHASE ORDER FOR THIS EQUIPMENT.
64.3 ACCEPT BID: PORT OF MIAMI CLINIC ($959970.00)
APPROXIMATELY 914 PHYSICAL EXAMS. (POLICE DEPARTMENT)
RESOLUTION NO. 82-400
A RESOLUTION ACCEPTING THE BID OF PORT OF MIAMI CLINIC FOR
FURNISHING APPROXIMATELY 914 PHYSICAL EXAMINATIONS TO THE
DEPARTMENT OF POLICE ON A CONTRACT BASIS FOR ONE YEAR AT A
TOTAL ESTIMATED COST OF $95,790.00; ALLOCATING FUNDS THEREFOR
FROM THE 1981-82 OPERATING BUDGET OF THAT DEPARTMENT; AUTHOR-
IZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE
PURCHASE ORDERS FOR THIS SERVICE.
64.4 ACCEPT BID: JETCOAT CORPORATION $130,000)
ESTIMATED 200,000 GALLONS EMULSIFIED ASPHALT (PUBLIC WORKS)
RESOLUTION NO. 82-401
A RESOLUTION ACCEPTING THE BID OF JETCOAT CORPORATION FOR
FURNISHING APPROXIMATELY 200,000 GALLONS OF EMULSIFIED
ASPHALT ON A CONTRACT BASIS FOR ONE YEAR TO THE DEPARTMENT
OF PUBLIC WORKS AT A TOTAL ESTIMATED COST OF $130,000.00;
ALLOCATING FUNDS THEREFOR FROM THE 1981-82 OPERATING BUDGET
OF THAT DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE
PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS MATERIAL.
164 MAY I 1 1982
64.5 ACCEPT BID: ALLIED UNIVERSAL CORP: APPERSON CHEMICALS,INC.
(17,181.25, $7,425.00 respectively) SWIMMING POOL CHEMICALS
(RECREATION DEPARTMENT).
RESOLUTION NO. 82-402
A RESOLUTION ACCEPTING THE BID FROM ALLIED UNIVERSAL CORPOR-
ATION AT A COST OF $17,181.25 AND THE BID FROM APPERSON
CHEMICALS, INC. AT A COST OF $7,425.00 FOR FURNISHING SWIM-
MING POOL CHEMICALS ON A CONTRACT BASIS FOR ONE YEAR TO THE
DEPARTMENT OF RECREATION; AT A TOTAL COST OF $24,606.25;
ALLOCATING FUNDS THEREFOR FROM THE 1981-82 OPERATING BUDGET
OF THAT DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE
PURCHASING AGENT TO ISSUE THE PURCHASE ORDERS FOR THESE
MATERIALS.
64.6 ACCEPT BID: GARMENT CORP. OF AMERICA: JULES BROS. UNIFORM, INC.
($64,714.10, $4,872.00 respectively) (WORK UNIFORMS CITY WIDE)
RESOLUTION NO. 82-403
A RESOLUTION ACCEPTING THE BID OF GARMENT CORPORATION OF AMERICA
AT AN ESTIMATED COST OF $64,714.10 AND THE BID OF JULES BROS.
UNIFORMS, INC. AT AN ESTIMATED COST OF $4,872.00 FOR FURNISHING
WORK UNIFORMS ON A CONTRACT BASIS FOR ONE YEAR -CITY WIDE; AT A
TOTAL ESTIMATED COST OF $69,586.10; ALLOCATING FUNDS THEREFOR
FROM THE 1981-82 OPERATING BUDGETS OF THE VARIOUS CITY DEPARTMENTS;
AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE
THE PURCHASE ORDERS FOR THESE MATERIALS.
64.7 PUBLISH NOTICE OF PUBLIC HEARING FOR OBJECTION TO ACCEPTANCE OF
COMPLETED WORK OF "LYNDALE SANITARY SEWER IMPROVEMENTS -IN
SR-5462-C & S.
RESOLUTION NO. 82-404
A RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH A NOTICE OF
PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY
COMMISSION OF THE COMPLETED CONSTRUCTION BY F. J. SILLER AND
COMPANY OF LYNDALE SANITARY SEWER IMPROVEMENT IN LYNDALE SAN-
ITARY SEWER IMPROVEMENT IN LYNDALE SANITARY SEWER IMPROVEMENT
DISTRICT SR-5462-C&S (CENTERLINE AND SIDELINE SEWERS).
64.8 ACCEPT COMPLETED WORK FROM SUNSET ENTERPRISES INC. ($26,445.)
FOR VIRRICK GYM -BOAT RAMP MODIFICATION.
RESOLUTION NO. 82-405
A RESOLUTION ACCEPTING THE COMPLETED WORK OF SUNSET ENTER-
PRISES, INC. AT A TOTAL COST OF $26,445.00 FOR VIRRICK GYM
BOAT RAMP MODIFICATIONS; AND AUTHORIZING A FINAL PAYMENT
OF $2,775.00.
64.9 ACCEPT COMPLETED WORK FROM P.N.M. CORP. ($176,156.00)
ASSESS LIQUIDATED DAMAGES AND AUTHORIZE FINAL PAYMENT
FOR "CENTRAL DRAINAGE PROJECT E-49.
RESOLUTION NO. 82-406
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY P.N.M.
CORPORATION AT A TOTAL COST OF $176,156.00, ASSESSING
$1,200.00 AS LIQUIDATED DAMAGES FOR 15 DAYS OVERRUN OF CON-
TRACT TIME; AND AUTHORIZING A FINAL PAYMENT OF $14,723.92 FOR
CENTRAL DRAINAGE PROJECT E-49.
64.10 ACCEPT COMPLETED WORK FROM REDLAND CONSTRUCTION CO.INC.
($239,970.57) FOR MANOR HIGHWAY IMPROVEMENTS -PHASE I -BID
"B" DRAINAGE IN DISTRICT H-4465.
RESOLUTION NO. 82-407
A RESOLUTION ACCEPTING THE COMPLETED WORK OF REDLAND CONSTRUC-
TION CO., INC. AT A TOTAL COST OF $239,970.57 FOR MANOR HIGHWAY
IMPROVEMENT - PHASE I - BID "B" (DRAINAGE) IN MANOR HIGHWAY
IMPROVEMENT DISTRICT H-4465; AND AUTHORIZING A FINAL PAYMENT
OF $25,652.55.
165 MAY 111982
65. ACCEPT BID FROM:
(A) M.P.S. INDUSTRIES I21C.
(B) LONESTAR FLORIDA II7C.
(C) KWIX-MIX CO21C:1XTE CORP.
(D) RIMR MATERIALS CORP. 0146,700.) FOR 3,600 CUBIC YARDS OF
Mayor Ferre: Let the record reflect that I am abstaining because I am a con-
sultant to Lonestar Cement Co., the parent company of Lonestar Florida, Inc.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-408
A RESOLUTION ACCEPTING THE BIDS OF MPS INDUSTRIES, INC.,
LONESTAR FLORIDA, INC., KWIK-MIX CONCRETE CORP. AND RINKER
MATERIALS CORP. FOR FURNISHING READY MIX CONCRETE ON A CON-
TRACT BASIS FOR ONE YEAR TO THE DEPARTMENT OF PUBLIC WORKS;
AT A TOTAL ESTIMATED COST OF $146,700.00; ALLOCATING FUNDS
THEREFOR FROM THE 1981-82 OPERATING BUDGET OF THAT DEPARTMENT;
AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE
THE PURCHASE ORDERS FOR THESE MATERIALS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
NOES: None.
ABSENT: NONE.
66. BRIEF DISCUSSIOIi A1:D DEFERRAL OF PROPOSED ACCEPTASCE OF BID
FROM ROYCE PARKING CONTROL INC. FOR "SECURITY GATE OPEFATORS'
(POLICE DEPARTMIT) .
Mayor Ferre: We've got 105 now.
Mr. Plummer: I want that deferred, I want more information on that.
Thereupon the foregoing motion to defer, duly introduced by Commissioner
Plummer and seconded by Commissioner Carollo was passed and adopted by the
following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummier, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferro
67. iiU`r,4OuIZE BUILDIRG DEPTAO IFEM ! C: SSARY BUILDING PSVIT TO
1720Ir,".YLLBAIIC EAVrNG AND LOAR ASCOC.' SUBJECT TO COMPLIX-10E '.IITL
CEPTAIII t7a.STIYG F.%QUIR , ►1TS.ETC. (5EE LABS. 3)
Mr. Plummer: what happens if this board is constituted and changes the
rules, are these people obligated to the new rules?
00 MAY 11 19
�2 „
Mr. Plummer: Question. What happens if this board is constituted and changes
the rules, are these people obligated to the new rules?
Mr. Dawkins: Well, it said subject to the rule... it said that they will
abide by the rules of the ......
Mr. Plummer: Existing. Existing. What happens if...
Mayor Ferre: Well, then we will deal with that problem when it comes.
Mr. Plummer: But I mean...
Mayor Ferre: They will be under construction by then, Plummer.
Mr. Plummer: It's subject to any applicable rules, is that correct?
Mayor Ferre: Of course.
Mr. Plummer: Oh, ok. Alright, that's all I'm asking.
Mayor Ferre: Is that right?
Mr. Dawkins: Yes.
Mayor Ferre: Alright, further discussion, call the roll on this ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AUTHORIZING THE CITY BUILDING
DEPARTMENT TO ISSUE THE NECESSARY BUILDING
PERMIT TO THE BRICKELLBANC SAVINGS AND LOAN
ASSOCIATION PROVIDED THAT THE PLANS AND
SPECIFICATIONS MEET WITH ALL EXISTING REQUIRE-
MENTS EXCEPT FOR THE APPROVAL BY THE ENVIRON-
MENTAL PRESERVATION REVIEW BOARD (EPRB) (PRESENTLY
NOT SITTING); PROVIDING THAT T!HE ASSOCIATION
DOES HEREBY AGREE THAT PRIOR TO COMPLETION OF
THE PROJECT TO SUBMIT AND TO COMPLY WITH THE
REQUIREMENTS OF EPRB AT SUCH TIME AS THE BOARD
IS RECONVENED; FURTHER PROVIDING THAT NO TREES
ARE TO BE REMOVED DURING THE CONSTRUCTION
PERIOD WITHOUT THE EXPRESS APPROVAL OF THE
DIRECTOR OF PLANNING AND/OR THE ENVIRONMENTAL
PRESERVATION BOARD; 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 COMMISSION.
Was introduced by Commissioner Dawkins and seconded by Commissioner Ferre
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.
Mayor Maurice A. Ferre
NOES: None.
ABSTAINING: Commissioner Joe Carollo.
Whereupon the Commission, on motion of Commissioner Dawkins and seconded
by Commissioner Ferre, adopted said ordinance by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSTAINING: Commissioner Joe Carollo.
SAID ORDINANCE WAS DESIGNATED ORDINANCE No. 9418
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Comm*Y i1n� 198+Ae�
and Copies were available to the Ivy -
gl
68. AUTHORIZE CITY MANAGER TO EXECUTE AIMNDIVIT TO AGREE107T �WITIi
A. TAQUECI SL ASSOC., IIIC. AS A.lCI.ITECTURAL/ENGIIiEEI:I?IG CONSULTANTS
OId FIRE RESCUE TRAINING FACILITY PROJECT, FOE E} PA WO!'1: PIrRFOFl!ED
Mayor Ferre: Alright, the next one is 61.
Mr. Plummer: Move it.
Mayor Ferre: Moves.
Mr. Perez: Second.
Mayor Ferre: Perez seconds, further discussion, call the roll on 61. This
is the rescue training facility project.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-409
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT,
IN SUBSTANTIALLY THE FORM ATTACHED HERETO, TO THE AGREEMENT BETWEEN
THE CITY AND A. TAQUECHEL ASSOCIATES, INC., AS ARCHITECTURAL/
ENGINEERING CONSULTANTS ON THE FIRE RESCUE TRAINING FACILITY
PROJECT, FOR EXTRA WORK PERFORMED WITHIN THE SCOPE OF THE PROJECT,
AT AN EXTRA COST OF $10,800, WITH FUNDS THEREFORE ALLOCATED FROM
THE FIREFIGHTING, FIRE PREVENTION AND RESCUE FACILITIES BOND
PROGRAM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
69. AUTHORIZE IIIC:t ASr IN SCOPE OF CONTRACT MITE FIRST FLORIDA
BUILDING COP.P. FOR COUSTRUCTI02I OF A Fl",X, TRAII!II1G RESCUE
mTrER = All AMOMrr NOT TO E:.CI:ZD 113, 000.00
Mayor Ferre: Take up 101, which is the fire rescue training center.
Mr. Plummer: Move it.
Mayor Ferre: Alright, Plummer moves, is there a second?
Mr. Dawkins: Second,
Mayor Ferre: Seconded by Dawkins, further discussion, call the roll.
6 8
gl �19$2
MAY 11
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-410
A RESOLUTION AUTHORIZING AN INCREASE IN CONTRACT AMOUNT NOT TO
EXCEED $113,100, AND AUTHORIZING AN INCREASE IN THE CONSTRUCTION
TIME OF 90 WORKING DAYS IN THE CONTRACT BETWEEN THE CITY OF MIAMI,
FLORIDA AND FIRST FLORIDA BUILDING CORPORATION FOR THE CONSTRUCTION
OF FIRE -RESCUE TRAINING CENTER, SAID AMOUNT FOR THE INCREASE IN
CONTRACT TO BE PROVIDED BY INCREASED APPROPRIATIONS TO THE PROJECT
MADE BY ORDINANCE NO. 9395 PASSED APRIL 6, 1982.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
.Upon being seconded by Commissioner Dawkins the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
70. AUTHORIZE CITY MANAGER TO E=CUTL' AGREr,-'UrerT TIME, CI tITION SPA=
PLUG COMPA11Y RE: "ELEVU1tTY. AMIUAL C'::AMPIOF SPAM, PLUG UNLIMITED
REGATTA" TO TAIL PLACE AT STADIUIi.
Mayor Ferre: Plummer moves 62,...
Mr. Dawkins: Second.
Mayor Ferre: ... Dawkins seconds, further discussion, call the roll, Spark
Plug Unlimited. Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-411
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH CHAMPION SPARK PLUG COMPANY FOR THE STAGING
OF THE TWELFTH ANNUAL CHAMPION SPARK PLUG UNLIMITED REGATTA
AT MIAMI MARINE STADIUM ON JUNE 4, 5 AND 6, 1982, IN
SUBSTANTIAL COMFORMANCE WITH THE TERMS AND CONDITIONS AS
SET FORTH IN THE ATTACHED AGREEMENT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins the resolution was
passed and adopted by the following vote -
AYES: Coai.ssioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
169
MAY 11 1982
ABSENT: None.
gl
71. GRANT REQUEST MADE BY "ASSOCIACION DE RLTIRADOS CU3AVOS DE LOS
ESTADOS U:IIDOS' FOR USE OF TIM LITTLE HAVAIIA Coll". JITY CEtTTER
AUDITORIUM.
Mayor Ferre: Alright, we are now on Item #18.
Mr. Carollo: They were waiting here all day, Mr. Mayor, and just left a few
minutes ago. Unless there is any objections from the administration I would
like to move it.
Mayor Ferre: Carollo moves, Dawkins seconds, further discussion? Call the
roll on 18.
Mr. Gary: Hold up, we got a problem. The facility is not available.
Mayor Ferre: What's the problem.
Mr. Gary: The facility is not available.
Ms. Spillman: When they want to have their meeting the facility has already
been booked by a customer who is going to pay us rent.
Mayor Ferre: Well, ok, then they have to have their meeting when the facility
is available.
Mr. Gary: If you can approve another... approve them having it and they work
with our staff to come up with another date...
Mr. Carollo: Based on working with your staff without an available date.
Ms. Spillman: But just for the meeting.
Mr. Carollo: Right.
Mayor Ferre: And that's correct. It's been moved and seconded, further
discussion, call the roll.
The following motion was introduced by Commissioner Carollo, who moved its
adoption:
MOTION NO. 82-412
A MOTION GRANTING A REQUEST MADE BY "ASSOCIATION DE RETIRADO
CUBANOS DE LOS ESTADO UNIDOS", A NON-PROFIT CORPORATION, FOR USE
OF THE LITTLE HAVANA COMMUNITY CENTER AUDITORIUM IN CONNECTION
WITH AN EVENT TO BE CONDUCTED AT SUCH PREMISES IN THE NEAR
FUTURE, ON A DATE YET TO BE DETERMINED.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
gl
i`1 Q Mnl' 111982
72 . AUTHORIZE CITY tAIIAGLP. TO ACCEPT MAIIT. FROM IrSt STATE DEPT .
OF NATURAL RESOURCES II1 TEE AMOUNT OF $ 319, 556. FOR DEVELOPINT
OF "JOSE HARTI RIVERFRONT PARY.".
Mayor Ferre: Take up Item 72.
Mr. Dawkins: Move.
Mayor Ferre: Moved by Dawkins, is there a second? Seconded by Demetrio
Perez. This is Jose Marti Park. Further discussion, call the roll on 72.
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 82-413
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A LAND AND
WATER CONSERVATION GRANT FROM THE STATE OF FLORIDA DEPARTMENT
OF NATURAL RESOURCES IN THE AMOUNT OF $319,556, FOR THE
DEVELOPMENT OF JOSE MARTI RIVERFRONT PARK; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE THE APPROPRIATE AGREEMENT IMPLEMENTING
SAID GRANT.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
73. ALLOCATE $55,000. FROIS C.D. BLOC: GWI4T FMIDS TO DOIIIITOMI
DEVELOPI0IT AUTHORITY TO COVER COST OF C011SULTANT SERVICES
ON TEE "PART: WEES"r PROJECT".
Mayor Ferre: Take up 41, please. Alright, Perez moves. Plummer, you got
any problems with that? That money has already been spent. Plummer seconds,
further discussion, call the roll on 41.
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
gl
RESOLUTION NO. 82-414
A RESOLUTION ALLOCATING $55,000 OF COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS TO THE DOWNTOWN DEVELOPMENT AUTHORITY TO COVER
THE COST OF CONSULTANT SERVICES ON THE PARK WEST PROJECT
BEYOND THE ORIGINALLY CONTRACTED FOR SCOPE OF SERVICES;
AUTHORIZING THE CITY MANAGER TO AMEND THE MEMORANDUM OF
AGREEMENT WITH THE DOWNTOWN DEVELOPMENT AUTHORITY CONCERNING
THE PARK WEST PROJECT STUDY IN ACCORDANCE WITH THE HEREIN
RESOLUTION.
MAY 111982
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer the resolution was
passed and adopted by the following vote -
AYES; Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES; None.
ABSENT: None.
74. ALLOCATE $162,500 OF C.D. BLOCK G=TT FUItDS TO METRO FOR `
ADIIINISTRATIO14 OF CZnTAnl CITY OF IIIAN,I ACTIVITIES PiRFORt•ED BY
TEE COMITY'S DEPARTMENT OF HOUSING APD UP.DAN DEVELOPMENT (HUD) .
Mayor Ferre: Plummer moves 42, Dawkins seconds, further discussion, call the
roll on 42.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-415
A RESOLUTION ALLOCATING $162,500 OF COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS TO METROPOLITAN DADE COUNTY FOR THE ADMINISTRATION
OF CERTAIN CITY OF MIAMI COMMUNITY DEVELOPMENT ACTIVITIES PERFORMED
BY DADE COUNTY DEPARTMENT OF HOUSING & URBAN DEVELOPMENT ON BEHALF
OF THE CITY FOR THE CONTRACT PERIOD WHICH COMMENCED JUNE 16, 1981
AND EXPIRES JUNE 15, 1982; FURTHER AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT, IN ESSENTIAL THE FORM ATTACHED HERETO, WITH
METROPOLITAN DADE COUNTY FOR THIS PURPOSE.
(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.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
gl
12
MAY 1 l 188Z
75. ALLOCATE y35,000 OF MUSING BOND MIDS TO '_MTRO-FOR
ADMMNISTRATION OF ME "PUBLIC KOUSI'IG SCATTERED SITE PROGRAM"
BY Mr. DADE COMTY DEPT. OF f:UD.
Mr. Dawkins: I move 43.
Mayor Ferre: Alright, Dawkins moves 43, Perez seconds, further discussion,
call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 82-416
A RESOLUTION ALLOCATING $35,000 OF HOUSING BOND FUNDS TO METROPOLITAN
DADE COUNTY FOR ADMINISTRATION OF THE PUBLIC HOUSING SCATTERED SITE
PROGRAM BY DADE COUNTY DEPARTMENT OF HOUSING & URBAN DEVELOPMENT
ON BEHALF OF THE CITY FOR THE CONTRACT PERIOD WHICH COMMENCED JUNE
16, 1981, AND EXPIRES JUNE 15, 1982; FURTHER AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT, IN ESSENTIALLY THE FORM ATTACHED
HERETO, WITH METROPOLITAN DADE COUNTY FOR THE AFOREMENTIONED PURPOSE.
(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.
76. EATER VTO AGRMIWITT 1-T_E IMTRO DADE FOP. LEASE OF OFFIC— GPACC
— AT CULIER—OVEILTOWti NEIGLBORKOOD SERVICE CEIiTER TO BE USED V
COIIIIECTION L)ITE THE "OVERTOWN JOB PROGRAIV.
Mr. Plummer: I move 45.
Mayor Ferre: Take up 45. Moved by Plummer, is there a second?
Mr. Perez: Second.
Mayor Ferre: Perez seconds, further discussion, call the roll on 45.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
gl
RESOLUTION NO. 82-417
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE
AGREEMENT, IN ESSENTIALLY THE FORM ATTACHED HERETO, WITH METROPOLITAN
DADS COUNTY FOR THE LEASE OF OFFICE SPACE AT THE CULff.R/OVER-
TOWN NEIGHBORHOOD SERVICE CENTER, LOCATED AT L600 N.W. 3RD AVENUE
FOR USE BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT, OVERTOWN JOBS
173
NiA 111982
PROGRAM; FURTHER, AUTHORIZING THE CITY MANAGER TO EXPEND
$1200 TO SATISFY THE REQUIREMENTS OF AN EXISTING LEASE
AGREEMENT, EXPIRING JANUARY 31, 1983; FOR CURRENT OFFICE
SPACE LOCATED AT 1026 N.W. 2ND AVENUE; AND PROVIDING FOR
THE EXPENDITURE OF 8TH YEAR COMMUNITY DEVEIAPMENT BLOCK
GRANT FUNDS FOR THE ABOVE PURPOSES.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
77. ACCEPT BID: FROM DELTA =• GIIIZEt.ING C0117 ACTIlIG CORP AND DUTF
PLUMING CORP - $218,249.75 nX 'CITY `.TIDE-W. 57 AVL. SANITARY
SEWER IMPROVEMENTS GR-5469 C 6 S.
Mayor Ferre: Take up 98.
Mr. Plummer: Oh, yes, yes.
Mayor Ferre: Plummer moves 98, Perez seconds 98, further discussion, call the
roll on 98.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-418
A RESOLUTION ACCEPTING THE BID OF DELTA ENGINEERING CONTRACTING
CORPORATION AND DELTA PLUMBING CORPORATION, AN OPEN JOINT
VENTURE, IN THE PROPOSED AMOUNT OF $218,249.75, TOTAL BID OF THE
PROPOSAL, FOR CITY WIDE - WEST 57 AVENUE - SANITARY SEWER
IMPROVEMENT IN CITY WIDE - WEST 57 AVENUE - SANITARY SEWER
IMPROVEMENT DISTRICT SR-5469 C&S (CENTERLINE AND SIDELINE SEWER);
WITH MONIES THEREFOR ALLOCATED FROM THE "SANITARY SEWER G.O.
BOND FUND" IN THE AMOUNT OF $218,249.75 TO COVER THE CONTRACT
COST; ALLOCATING FROM SAID FUND THE AMOUNT OF $24,007.47 TO
COVER THE COST OF PROJECT EXPENSE; ALLOCATING FROM SAID FUND THE
AMOUNT OF $24,007.47 TO COVER THE COST OF PROJECT EXPENSE;
ALLOCATING FROM SAID FUND THE AMOUNT OF $4,365.00 TO COVER
THE COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND
POSTAGE; ALLOCATING FROM SAID FUND THE AMOUNT OF $9,051.04 TO COVER
THE INDIRECT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice . Ferre MAY
1982 HOES: None. MA 70
ABSENT: None.
73. ORDERING R,LSOLUTIOli: "CE'i1TRAL SANITARY £I:iMI", II1PROVEM.ENT
SR-5481-C DESIGNATING PROPI±P.TIES TO BE ASSESSED.
Mayor Ferre: Take up Item 95. That's the Central Sanitary Sewer Improvement.
Plummer moves, Perez seconds, further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-419
A RESOLUTION ORDERING CENTRAL SANITARY SEWER IMPROVEMENT SR-5481-C
(CENTERLINE SEWER) AND DESIGNATING THE PROPERTY AGAINST WHICH
SPECIAL ASSESSMENT SHALL BE MADE FOR A PORTION OF THE COST THEREOF
AS CENTRAL SANITARY SEWER IMPROVEMENT DISTRICT - SR-5481-C
(CENTERLINE SEWER)
(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.
79. APPROVE ACTION OF SLCP.ETArY OF TP.AIISPO..:ATION, FLORIDA DEPT. OF
TRANSPORTATIONI, I:!. DESIMIAMIG PORTIOUS OF THE j&2PROAC ES TO TIE
PROPOSED ML4MI AVM= BRIDGE AS LIMITED ACCESS FACILITIES.
Mayor Ferro: How about 94?
Mr. Gary: You have got to do 94 so we can get a move on with the bridge.
Mayor Ferro: Alright, Plummer moves 94, Demetrio Perez seconds, further
discussion? Anything else? Call the roll on 94.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-420
A RESOLUTION APPROVING AND AFFIRMING THE ACTION OF THE
SECRETARY OF TRANSPOATATIONe FLORIDA DEPARTMENT OF
TRANSPORTATION, DESIGNATING PORTIONS OF THE APPROACHES TO
THE PROPOSED MIAMI AVENUE BRIDGE AS LIMITED ACCESS FACILITIES.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
175 MAY I 1 1982
9
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.
80. RATIFY ACTI0111 OF ADMIIIISTPATIO91 Ic1 AUTI:O?IZI11G ADDITIONAL
WORT: BY BARTON, AS12WI ASSOC. TIX. 011 TIM "DOIL�01-11?
GOVEF.IT=. rr Ci.ITMR, PAIMUG GAr,AGE" .
Mayor Ferre: Alright, Perez moves 93, Dawkins seconds, further discussion,
call the roll.
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
RESOLUTION NO. 82-421
A RESOLUTION RATIFYING AND CONFIRMING THE ACTION OF THE
ADMINISTRATION IN AUTHORIZING THE ADDITIONAL WORK OF
BARTON-ASCHMAN ASSOCATES, INC. ON THE DOWNTOWN GOVERNMENT
CENTER PARKING GARAGE IN THE AMOUNT OF $10,400;
ALLOCATING SAID AMOUNT FROM THE PARKING CAPITAL PROJECTS FUND.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner 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
." MAY 1982
01. AMEND RESOLUTION 82-216, II7CREAS"" TOTAL ASSESS107.r nOLL FOR
CONSTRUCTION OF SIMPSON SANITA^.Y SI:WE . II`.PROtIirMEN"r-DISTRICT
SR-5391-C.
Mayor Ferre: Plummer moves 99, Dawkins seconds, further discussion on 997
Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-422
A RESOLUTION AMENDING RESOLUTION NO. 82-216 ADOPTED MARCH
11, 1982 WHICH CONFIRMED THE ASSESSMENT ROLL FOR CONSTRUCTION
SIMPSON SANITARY SEWER IMPROVEMENT IN SIMPSON SANITARY SEWER
IMPROVEMENT DISTRICT SR-5391-C (CENTERLINE SEWER) BY INCREASING
THE TOTAL ASSESSMENT IN THE AMOUNT OF $918.36
(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.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
82. AIMUTD RESOLUTION 82-215, P.CDUCE THE TOTAL COI?FIF.= ASSESSMENT
FOR COIISTRUCTIOII OF SIIVSON SANITARY SEVIED. INPROVEMEI?TS SR-
5391-S.
Mayor Ferre: Plummer moves a 100, which is the Simpson Sanitary Sewer, Perez
seconds, further discussion? Call the roll on a 100.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-423
A RESOLUTION AMENDING RESOLUTION NO. 82-215 ADOPTED MARCH
11, 1982 WHICH CONFIRMED THE ASSESSMENT ROLL FOR CONSTRUCTION
OF SIMPSON SANITARY SEWER IMPROVEMENT IN SIMPSON SANITARY SEWER
IMPROVEMENT DISTRICT SR-5391-S (SIDELINE SEWER) BY REDUCING
THE TOTAL ASSESSMENT IN THE AMOUNT OF $4,945.87
(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-
gl
17
MAY 1 1902
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.
33. AUTI:ORIZE CITY HAIIAGER TO A2MD'D AGnLEPjEPTT WITI: PALPH, ALLEN,
INC. GOLF PPOFESSIONAL AT 111111I SPRIIIGS COUIITI?Y CLUB, PP.CVID-
rNG FOR All EXTI;II£ION OF SAID CONTRACT.
Mayor Ferre: Take up 48.
Mr. Plummer: I move it.
Mayor Ferre: Alright, Plummer moves 48, that's the Ralph Allen Miami Springs
Country Club, seconded by Perez, further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-424
A RESOLUTION AUTHORIZINT THE CITY MANAGER TO EXECUTE AN
AMENDMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, TO
THE AGREEMENT DATED NOVEMBER, 1976, WITH RALPH ALLEN, INC.,
THE GOLF PROFESSIONAL AT THE MIAMI SPRINGS COUNTRY CLUB,
PROVIDING FOR AN EXTENSION OF SAID CONTRACT FOR THE PERIOD
FROM MAY 1, 1982 THROUGH SEPTEMBER 30, 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.
ASSENT: None.
gl
MAY 111982
84. DEFER PUBLIC HEARING CONCERNING ISSUAKS OF DEVELOPIOTT ORDER
THE "MIAMI WORLD TRADE CV11TMV' .
Mayor Ferre: Take up Item 56. This is deferring to May 27th the public
hearing concerning issues of development order. Plummer moves, Carollo
seconds, further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-425
A RESOLUTION DEFERRING TO MAY 27, 1982, THE PUBLIC HEARING
CONCERNING ISSUANCE OF A DEVELOPMENT ORDER FOR THE MIAMI
WORLD TRADE CENTER, A DEVELOPMENT OF REGIONAL IMPACT, TO BE
LOCATED IN DOWNTOWN MIAMI AND DIRECTING THE CITY CLERK TO SEND
COPIES OF THIS RESOLUTION TO CERTAIN AFFECTED AGENCIES.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo the resolution was
passed and adopted by the following vote -
AYES:
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
85. ALLOCAT"_ $22, 000 TO URDERTAIW, JOINTLY WI.I: 2ZtiTP.O DADE, A
�'COMPRE:ISIVE HOUSING/SOCIAL SLP.VICE SU'_'.VEY OF ZAITIAII C0121T.1I:1"
III TUE NORTI CENTRAL PORTIO17 OF =- CITY.
Mr. Gary: 57.
Mayor Ferre: That's the Haitians, right?
Mr. Gary: Yes, sir.
Mayor Ferre: Alright, Dawkins moves, Perez seconds.
Mr. Plummer: Whoah, whoah, whoah, 57.
Mayor Ferre: This is HUD refugee discretionary grant.
Mr. Plummer: Is this in reference to the health facility?
Mr. Gary: No, this is a survey in joint... in connection with Dade County
to give us data to fight the State and the Federal Government to get more
money.
Mr. Plummer: Oh, fine. Ok, alright.
Mayor Ferre: Alright, call the roll on 57.
gl
-9
M
h` A w . M. 0
,, 1 1��
17,
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 82-426
A RESOLUTION ALLOCATING $12,000 OF 7TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS AND $10,000 FROM THE H.U.D. REFUGEE DISCRETIONARY
GRANT, FOR A TOTAL OF $22,000, TO UNDERTAKE JOINTLY WITH
METROPOLITAN DADE COUNTY, A COMPREHENSIVE HOUSING AND SOCIAL
SERVICE SURVEY OF THE HAITIAN COMMUNITY WITHIN THE NORTH CENTRAL
PORTION OF THE CITY OF MIAMI; SAID SURVEY HAVING A TOTAL JOINT
COST OF $42,000.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was
passed and adopted by the following vote -
AYES:
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
86. BRIEF DISCUSSION kTD DEFERRAL OF CO1:SIDEP.ATI0N OF PROPOSED
EXPANSION OF TLE BOARD OF DIRECTORS OF HIAYI CABLE ACCESS CORP.
Mr. Gary: 59.
Mayor Ferre: 59, Miami Cable Access Corporation.
Mr. Gary: Increasing numbers from five to seven so we can get minorities.
Mayor Ferre: That's right. Dawkins moves, Perez seconds, further discussion
to increase into size from five members to seven.
Mr. Plummer: But how are they going to be designated those two additionals.
Mayor Ferre: The same way we decide before which is us.
Mr. Plummer: No, no, no, no. No, Merrill is trying to sneak one in there.
Excuse me, I shouldn't say that.
Mr. Gary: Not, this is the Access Corporation.
Mr. Plummer: No, who are the two people you are trying to put on, those
extra two people? I want it deferred.
Mayor Ferre: On the record tell us what it is if you want this thing passed.
Mr. Plummer: No, no, the reason... let me tell you why I'm opposed to it, ok?
One of the people that Mr. Merrill said to me was that they are trying to
put on that board is a member of the School Board and I am very much opposed
to that entity having say on my cable t.v.
Mr. Carollo: Who are the members that are there now?
Mr. Plummer: Well, I agreed with the first five. University of Miami, Dade...
gl
ISO
MAY 111982
Mayor Ferre: University of Miami, Barry College, Biscayne College, Miami
Memorial College, F.I.U., that's five and we wanted to include the School
Board and the Miami Dade Community College.
Mr. Plummer: I am opposed to the School Board.
Mayor Ferre: Why?
Mr. Plummer: Because they... let me tell you what they have done to this
Commission...
Mayor Ferre: They got Channel 17... I know J. L., but I mean one thing has •'
got nothing to do with the other. Those people deserve representation on
the board.
Mr. Plummer: I disagree. I disagree.
Mayor Ferre: The Item is deferred.
87. AUTIZORILZE CITY 1WAGER TO AIT.iTD A!TM L::TIITD i:T. LEGISLATIVE
SERVICES AGF.LEI=:TT WITi: T'.:E LAW FIP.H OF 0-41E1Z AIND C-um ,
INCREASIvIG 14-OIITIILY COMPIITSATION.
Mr. Gary: 58.
Mr. Plummer: Hey, I will increase it two members, ok?
Mayor Ferre: Alright, alright. Plummer moves 58, Carollo seconds, right,
that's for Cramer, further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-427
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND
THE LEGISLATIVE SERVICES AGREEMENT, IN SUBSTANTIALLY
THE SAME FORM AS ATTACHED HERETO, WITH THE LAW FIRM
OF CRAMER AND CRAMER, TO EXTEND THE AGREEMENT THROUGH
APRIL 22, 1983, AND TO INCREASE THE MONTHLY COMPEN-
SATION TO CRAMER AND CRAMER TO $2,500 WITH FUNDS HERESY
ALLOCATED FROM SPECIAL PROGRAMS AND ACCOUNTS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo 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
181
MAY 11 1982
1b
I
87.1 BRIEF COMMENTS IN CONNECTION WITH THE HOLDING OF A PUBLIC
HEARING re THE "BAYFRONT PARK REDEVELOPMENT PROJECT."
Mayor Ferre: Now, Mr. Manager, on the Public Hearing on the park and
the library neither Mr. Lester Pancoast nor Nuguchi can be here on that
date, so we need to put it off until July.
Mr. Gary: That's fine.
Mayor Ferre: All right.
Mr. Plummer: As long as it is with the understanding that they do not
proceed until that time.
Mayor Ferre: Well, J.L., you're not going to stop all the work that's
being done by the Corps of Engineers and everything else.
Mr. Plummer: Maurice, I'm not trying to....
Mayor Ferre: Hey! Look!
Mr. Plummer: I just don't want them to go into design and have to change it.
Mayor Ferre: I do not agree with that. Now, if you want to make a motion
to that effect, make your motion and then we'll live by whatever the
Commission wants to do
88. EXTEND EXISTIIG LEASE AGREEIMI"T WITI'_ G. & R. MAFAGEIMITT INC.
FOR USE OF Tit TWELFTU FLOOR OF THE EUILDIi1G AT 150 S.L. 2 AVE.
UITTIL COMPLETTOU OF COIMMON CENTER PROJECT.
Mr. Carollo: I move #69.
Mayor Ferre: Alright, there is 69 before us. Is there a second to 69?
Mr. Carollo: It's on month to month basis.
Mayor Ferre: Is there a second? Demetrio Perez seconds 69, further discussion,
call the roll.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 82-428
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND
THE EXISTING LEASE AGREEMENT WITH G & R MANAGEMENT,
INC. FOR THE TWELFTH (12th) FLOOR OF THE BUILDING
ON 150 S.E. SECOND AVENUE, MIAMI, FLORIDA, ON A
MONTH TO MONTH BASIS UNTIL SUCH TIME AS THE CONVEN-
TION CENTER PROJECT IS COMPLETED.
(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.
ASSENT: None.
NOTE FOR THE RECORD: At this point Agenda item 88, waiving requirements for
formal sealed bids for the furnishing of a boat to the Department of Police,
was DEFERRED to a future date.
1 S20
MAY 19"
f
89. RESCIMDULE CITY COV. IISCIOIT MEETING DATES FO'i _
MO= OF JULY, 190-2.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-429
A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF
JULY 8, 1982, TO TAKE PLACE ON JULY 29, 1982, AT 9:00 A.M. WITH
THE AGENDA OF SAID RESCHEDULED MEETING ON JULY 29, 1982, BEING
GENERALLY LIMITED TO A CONSIDERATION OF THOSE MATTERS ARISING
FROM OR UNDER THE PROVISIONS OF ORDINANCE NO. 6871, AS AMENDED,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI;
FURTHER GENERALLY LIMITING THE AGENDA OF THE REGULARLY SCHEDULED
CITY COMMISSION MEETING OF JULY 22, 1982, TO A CONSIDERATION
OF THOSE MATTERS NOT ARISING FROM OR UNDER THE PROVISIONS OF
SAID ORDINANCE NO. 6871, THE CITY'S COMPREHENSIVE ZONING ORDINANCE.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
90.
PERSOITAL APPEARANCE: VICTOR LOGA -I-BRIEF DISCUSSION IN
COIATECTION WI71. USE OF = COU:.TYARD SPACE AT COCONUT GROVE
Mayor Ferro: Mr. Logan.
Mr. Victor Logan: Ok, very quickly, Mr. Mayor. Ok, Mr. Mayor, each of the
Commissioners got some correspondence within the last week in accordance with
the five day rule regarding the roofing of Dinner Key. We have a situation
where in sixty days we have a boat show that comes up and we have been given
permission by the City in correspondence to use the courtyard. For a ten
day period there...
Mayor Ferro: Plummer. listen to this.
Mr. Plummer: I have read the letter.
Mr. Logan: Ok. For a ten day period there we have the right to ask that the
construction stop. Some very important promises have been made by you and
some other people to the ASTA convention that, that facility will be ready
and if it's not it's going to cause some grave consequences. I'm willing
to make a sacrifice if the City will meet me twenty-five percent of the way.
By not utilizing the facility during that time I stand to lose twenty-two
thousand dollars in revenue. Mr. Mayor, what I'm asking that the City do
is that the City agree if the contractors says that the job can be done within
91 183 MAY 111982
the period of time when you meet with them on May 27th that the City grant
me a five thousand dollars difference of my rental facility based on the
twenty-two thousand dollar loss in revenue. I have been using that area
for the last four years and I have been given permission to use it and I'm
fighting a time clock. If I stop and wait until the meeting of the 27th
I have lost another two weeks of selling time that I have already been granted
by you.
Mayor Ferre: Mr. Manager, what is your recommendation?
Mr. Gary: No.
Mayor Ferre: Anybody want to extend that discussion? There are only three
people here and unless somebody...
Mr. Plummer: It's an option, right? You are offering the City an option?
Mr. Logan: That's correct, sir.
Mr. Plummer: And the City is not taking it.
Mr. Logan: Ok, we will go ahead and use the facility.
Mr. Gary: No, you will not.
Mr. Logan: Yes, sir. We have been given permission to use that facility
and I have it in writing, sir.
Mayor Ferre: Hey, there are only three people in this Commission and I don't
see anybody making a motion. Anybody want to move this?
Mr. Plummer: (COMMENT INAUDIBLE, NOT USING MII E).
Mr. Logan: Not only that, I don't understand how the administration could
say you are not going to use it when I have got contractual reason to use it
and have been given permission.
Mr. Gary: Mr. Mayor, first of all, I think he is coming here in bad faith.
First of all, he was one of the supporters in terms of trying to get us to
construct the facility, now that we are talking about constructing the facility
he is now coming back... you are now doing what I want you to do, now I want
you to give me a credit. He is not going to be utilizing the space, we are
not going to ask him to pay rent for the space.
91. CLAIM SETTLEMENT: JOSE PORTELA AVILA.
Mayor Ferre: Alright, we are now on #85.
Mr. Plummer: Alright, Plummer moves, Demetrio Perez seconds, further discussion
on Item 85? Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-430
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO JOSE
PORTELA AVILA $25,000.00, WITHOUT THE ADMISSION OF LIABILITY, IN
FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY, PERSONAL INJURY
PROTECTION LIENS, WOMWN'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 here and on file
in the Office of the City Clerk.)
gl .16-4
MAY 111982
0
0
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.
92. FIRST READLIG ORDINANCE: CIiA11GL VAIM OF DEPAI?TI0I7T OF TRADE AND
COIIMMCE DEVELOPIM1T-APPOIDTING A DIRECTOR-PRLSCRIBIiIG FUTICTIOIUS
AITD DUTIES, ETC.
Mayor Ferre: Alright, who wants me move an ordinance amending Section 2-171?
Plummer are you going to move it?
Mr. Plummer: Well, what does the ordinance say, Mr. Mayor?
Mayor Ferre: You are against it so,... unless you have changed your vote. _
This the Department of Trade and Commerce...
Mr. Plummer: Is this first reading?
Mr. Clark: No, it's a combined.
Mr. Plummer: No, it isn't.
Mr. Clark: We can pass it on first reading then.
Mr. Plummer: Fine.
Mayor Ferre: On first reading, ok? You want to go on first reading?
Mr. Plummer: Fine.
Mayor Ferre: Alright, Plummer moves and Demetrio Perez seconds and I will
read it. (AT THIS TIME THE MAYOR READS FIRST READING ORDINANCE INTO THE RECORD).
Alright, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE CREATING A NEW DEPARTMENT TO BE
KNOWN AS THE DEPARTMENT OF ECONOMIC DEVELOP-
MENT, PROVIDING FOR THE APPOINTMENT OF A
DIRECTOR BY THE CITY MANAGER; PRESCRIBING THE
FUNCTIONS AND DUTIES OF THE DEPARTMENT; CON-
TAINING A REPEALER PROVISION AND A SEVERABI-
LITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
ABSTAINING: None.
16-5
gl MAY 11 1982
0
•
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
93. FIP.ST READI11G ORDIiWICE: CFAITGE IWM OF DLPA.ZT 71 OF T?ADL
AI'D CO1=nCa DEVELOPM IT TO DLPA^.i MITT OF LIT Is� 11TATIONAL TRADE
PROMOTIO10; PROVIDLIG FOR APPOINTIM11T OF A DIRECTOR;
PRESCRIBING FUlICTIONS A14D DUTIES, ETC.
Mayor Ferre: Alright, now the other one is an ordinance amending Sections
2-171, 2-172, 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
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. Plummer moves, Perez seconds, further
discussion, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 2-171, 2-1721 AND 2-173
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
BY CHANGING THE NAME OF THE DEPARTMENT OF TRADE AND COM-
MERCE DEVELOPMENT TO THE DEPARTMENT OF INTERNATIONAL
TRADE PROMOTION; FURTHER BY PRESCRIBING NEW FUNC-
TIONS 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.
Was introduced by Commissioner Plummer and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
ABSTAINING: 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.
gl
186
MAY 111982
94. FIRST RF.ADIIIG ORDINAICE: AMEI?D Enos. 1 AHD 5 OF 9321. -
INCREASE APPROPRIATIONS FOR TI:E CITY MANAGER'S OFFICE TO
PROVIDE. FOR TWO ADDITIONAL ASSISTANT CITY 17.NAGEIIS, A;ID Oi?ir
ADMINISTRATIVE SECRETARY II.
Mr. Gary: One of the most important things you forgot on there is Item 26A.
Mr. Plummer: Is that the Commissioners increase in salary?
Mayor Ferre: This is very important. Plummer moves and Perez seconds, further
discussion? It has to be on first reading because we only got three members
here. Alright, read...(AT THIS TIME THE MAYOR READS THE FIRST READING
ORDINANCE INTO THE RECORD). Read the rest of it. Joel read the rest of it.
Mr. Clark: I don't have it.
Mayor Ferre: That's not a legal reading of it. Read the rest of it...
Mr. Clark: Alright, containing a repealer provision and a severability clause.
Mayor Ferre: Ok, further discussion, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 1 AND 5
OF ORDINANCE NO. 9321 ADOPTED SEPTEMBER 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 $25,633 FOR THE CITY MANAGER"S
OFFICE, AND BY INCREASING GENERAL FUND REVENUE
IN THE SAME AMOUNT FROM INTEREST ON INVESTMENTS
AND INTERGOVERNMENTAL REVENUE FOR THE PURPOSE OF
PROVIDING FUNDING FOR TWO ADDITIONAL POSITIONS,
AN ASSISTANT CITY MANAGER AND AN ADMINISTRATIVE
SECRETARY II IN THE CITY MANAGER'S OFFICE; CON-
TAINING A REPEALER PROVISION; AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Demetrio Perez, Jr. _
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
ABSTAINING. 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.
gl
is�
MAY 11 1962
95. FIRST UADING ORDINANCE: AWT SECS. 1 AIPJ 5 OF 9321.
INCREASE APP110PRIATIOUS OF TF.E LAW DEPART.= IT TO COVER
FOR I11CRLASED OPEUTI1?G EXPE'iiSES III SAID DEPARrIEI?T.
Mayor Ferre: Moved by Plummer, seconded by Demetrio Perez on first reading,...
Mr. Plummer: No, no, hey, hold just a minute. This is an emergency ordinance,
ok?
Mr. Clark: No, I didn't say emergency, I just said...
Mr. Plummer: Fine. What's it for?
Mayor Ferre: Well, the memorandum outlines that very specifically.
Mr. Plummer: I didn't read it. What is it for?
Mr. Clark: We had hired another attorney, we are trying to get the operating
expenses to support the attorney.
Mr. Plummer: I didn't read the item.
Mr. Clark: We laid it out April 12th. We sent you a two page memorandum
J. L.
Mr. Plummer: Ok.
Mayor Ferre: Alright, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 1 AND
5 OF ORDINANCE NO. 9321, ADOPTED SEPTEMBER 24,
1981, THE ANNUAL APPROPRIATIONS ORDINANCE FOR
THE FISCAL YEAR ENDING SEPTEMBER 30, 1982, AS
AMENDED, BY INCREASING THE APPROPRIATION FOR
THE GENERAL FUND LAW DEPARTMENT, IN THE AMOUNT
OF $44,850, AND BY INCREASING REVENUES IN THE
SAME AMOUNT FROM MISCELLANEOUS REVENUES TO COVER
INCREASED OPERATING EXPENSES OF SAID DEPARTMENT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
ABSTAINING: 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.
gl
88
MAY 1 19M
i
96. FIRST READnIG ORDINANCE: AIMTD SEC. 1 OF 9353-LSTAELIS): %A_,1INAS
RETAINED LM1111GS AS A PESOURCE TO ESTABLISE "MIAMARIi1A A17D
WATSON ISL41M MARI14AS HAJOF MAINTENANCE", TV ORDM'. TO PROVIDE
FUNDING FOR REPAIRS AT MA::IiIA FACILITIES.
Mayor Ferre: J. L., we have got another one which you can't do emergency
either, which is 27, which is that marinas at Watson Island and the other
marina and the bulkhead and all that. We got to move on that. That thing
is falling apart. Alright, Plummer moves and Perez seconds Item 27 on first
reading only. (AT THIS TIME THE MAYOR READS THE FIRST READING ORDINANCE INTO
THE RECORD).
Mr. Clark: Containing a repealer provision and a severability clause.
Mayor Ferre: Further discussion, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1
OF ORDINANCE 9353 ADOPTED NOVEMBER 19, 1981
THE CITY'S CAPITAL IMPROVEMENT APPROPRIATIONS
ORDINANCE FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1982 AS AMENDED; BY ESTAB-
LISHING MARINAS RETAINED EARNINGS AS A
RESOURCE IN THE AMOUNT OF $82,500 IN THE
CAPITAL IMPROVEMENT FUND AND APPROPRIAT-
ING SAME AMOUNT TO ESTABLISH MIAMARINA
AND WATSON ISLAND MARINAS MAJOR MAINTE-
NANCE AS NEW PROJECT IX.C.(ii) 8. FOR
THE PURPOSE OF PROVIDING FUNDING FOR
REPAIRS AND MAJOR MAINTENANCE AT MARINA
FACILITIES; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Perez
and passed on its first reading by title by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
ABSTAINING: 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.
ADJOURNMENT
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at 9:20 P.M.
ATTEST s RAI.BH G. ONGIE
City Clerk
MATTY HIRAI
Assistant City Clerk
gl
�ou
MAURICE A. FERRE
Mayor
1982
p
[ivy Qp IVp!tA1VfiI
DOCUMENT IDENTIFICATION
COMMEND DADE COUNTY MAYOR STEPHEN CLARK ON HIS
STATEMENT RE: DEVELOPMENT OF A DOWNTOWN AREA
COLISEUM. APPOINT VICE MAYOR JOE CAROLLO AS COMMISSION'
REPRESENTATIVE TO THE SITE SELECTION COMMITTEE
EXPRESSION OF COMMISSION SUPPORT OF "APPRENTICENSHIP
TRAINING PROGRAM" IN CONJUNCTION WITH OTHER
MUNICIPALITIES AND OTHER GOVERNMENTAL AGENCIES IN THE
FIELD OF AUTOMOTIVE AND HEAVY EQUIPMENT MECHANICS.
WAIVE REQUIREMENT FOR NORMAL SEALED BIDS FURNISHING
OF FOUR PETERSON RUBISH CRANES FOR DEPARTMENT
OF BUILDING AND VEHICLE MAINTENANCE FROM PETERSON
INDUSTRIAL MACHINES, INC.
ACCEPT VARIOUS BIDS FOR THE FURNISHING OF HEAVE'
EQUIPMENT FOR THE DEPARTMENT OF BUILDING AND VEHICLE
MAINTENANCE
APPROVE ACTION OF THE CITY MANAGER IN AUTHORIZING
"A-BU REFRIGERATION CO." TO REPLACE TWO 50-TON
COMPRESSORS IN THE AIR CONDITIONING SYSTEM OF THE
MUNICIPAL AUDITORIUM
ACCEPT BID OF "ESTATE CONSTRUCTION SERVICES.INC."
FOR FURNISHING INSTALLATION OF QUARRY TILE TO
DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE.
CITY COMMISSION URGES THE U.S. DEPARTMENT OF STATE
TO KEEP OPEN ITS CONSULATE OFFICES IN COLOMBIS,
SOUTH AMERICA, TO PROTECT STEADY FLOW OF COLOMBIAN
TOURIST,S, INVESTORS AND MERCHANTS TO THIS CITY.
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH
"MIAMI MOTORSPORT INC." CHANTING THE PRFVILEDGE
TO CONDUCT AUTOMOTILE RACES IN DOWNTOWN MIAMI
CONFIRM ORDERING RESOLUTION 82-256. AUTHORIZING
CLERK TO ADVERTISE FOR SEALED BIDS FOR CONSTRUCTION
OF BUENA VISTA HIGHWAY IMPROVEMENTS -PHASE
I (DISTRICT H-4475).
CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF "SILVER
BLUFF SANITARY SEWER IMPROVEMENT (DISTRICT SR-5414
C ) " .
CONFIRM ASSESSMENT ROLL FOR CONSTRUCTION OF SILVER
BLUFF SANITARY SEWER IMPROVEMENT (DISTRICT SR-5414
S").
RATIFY CITY MANAGER'S NEGOTIATION AND SETTLEMENTS/
COUNTERCLAIMS WITH MLAMI CENTER ASSOCIATES,INC.
DELAY IN COMPLETION OF THE CONFERENCE AND CONVENTION
CENTER.
MEETING DATE:
MAY 11, 1982
R-82-364
R-82-365
R-82-366
R-82-367
R-82-368
R-82-369
R-82-370
R-82-373
R-82-374
R-82-375
. R-82-376
R-82-379
RETRI
82-364
82-365
82-366
82-367
82-368
82-369
82-370
82-373
82-374
82-375
82-376
82-379
t; ur4 ti N tj
;TE?1 NO. DOC MEW IDENTIFICATION MAY 11-1982-
EDPage #2
13
CONTINUED DISCUSSION: AUTHORIZING AMENDMENT TO
AGREEMENT WITH FULLER AND SADAO, P.C. FOR
PROFESSIONAL SERVICES IN THE BAYFRONT PARK
REDEVELOPMENT PROJECT BASED ON REVISED MASTER PLAN
AND EXPANDED SCOPE OF SERVICES. (SEE LABEL 20).
R-82-380
82-380
14
EXPRESSION OF COMMISSION SUPPORT OF MARTIN LUTHER
KING ECONOMIC DEVELOPMENT CORPORATION'S EFFORTS TO
ATTAIN FINANCIAL INDEPENDENCE. COMMISSION EXPRESSES
INTENT TO BECOME INVOLVED IN ACQUISITION OF LINCOLN
SQUARE OFFICE COMPLEX.
R-82-385
82-385
15
GRANT CASH ASSISTANCE TO "MIAMI/BAHAMAS/GOOMBAY
FESTIVAL IN COCONUT GROVE INC." VACATE/CLOSE
CERTAIN STREETS SUBJECT TO THE ISSUANCE OF THE
NECESSARY PERMITS.
R-82-387
82-387
16
AUTHORIZE CITY MANAGER TO PURCHASE VACANT PARCEL
OF PROPERTY AT APPROXIMATELY N.W. 20TH STREET
AND 21 AVENUE, FOR $60,000.00 FROM CITY FUNDS
R-82-392
82-392
17
AUTHORIZE AND PERMIT FLORIDA EAST COAST PROPERTY
INC. TO CONSTRUCT AND MAINTAIN A PEDESTRIAN OVERPASS/
WALKWAY ACROSS N.E. BAYSHORE DRIVE, APPROXIMATELY
BETEWEEN THE OMNI GARAGE AND THE PLAZA VENETIA MARRIOT
HOTEL
R-82-393
82-393
18
AUTHORIZE CITY MANAGER TO ACCEPT $84,410.00 FROM U.S.
DEPARTMENT OF AGRICULTURE FOR A "SUMMER FOODS SERVICE
PROGRAM FOR CHILDREN". DIRECTING CITY MANAGER
TO IMPLEMENT SAID PROGRAM.
R-82-394
82-394
19
AUTHORIZE CITY MANAGER TO ENTER INTO CONTRACTS WITH:
A-BELAFONTE-TACOLCY, AND
B-YOUTH CO-OP INC., FOR ADMINISTRATION AND
OPERATION OF "SUMMER YOUTH CETA TITLE IV".
R-82-395
82-395
20
ACCEPT BID: KENNY DRAPERY ASSOCIATES INC. FOR
$184,450.00 ADDITIVE ITEMS "B" AND "C" OF PROPOSAL
FOR "CITY OF MIAMI/UNIVERSITY OF MLAMI/JAMES L.
KNIGHT INTERNATIONAL CENTER/FINISHES AND MILLWORK"
R-82-396
82-396
21
ACCEPT BID: ROMA CONSTRUCTION INC. $343,490.00 BASE
BID FOR PROPOSAL FOR "CITY OF MIAMI/UNIVERSITY OF
MIAMI/JAMES L. KNIGHT INTERNATIOAAL CENTER
-FINISHES AND MILLWORK".
R-82-397
82-397
22
ACCEPT BID: AVIS RENT A CAR, INC. $217,500.00-
RENTAL OF APPROXIMATELY 25 AUTOMOBILES FOR POLICE
DEPARTMENT.
R-82-398
82-398
23
ACCEPT BID: LITTON PRODUCTS $56,425.69 CONVENTION
CENTER FURNITURE -PUBLIC WORKS.
R-82-399
82-399
24
ACCEPT BID: PORT OF MIAMI CLINIC $95,970.00
APPROXIMATELY 914 PHYSICAL EXAMS. FOR POLICE DEPT.
R-82-400
82-400
ocum
EN NDE
I!nNTINnFn Page # 3
MISSION RETRIEVAL
ITEM NO.1 DOCUMENT IDENTIFICATION __....
i!
Y
25
26
27
28
29
`
30
31
32
31
34
35
36
37
i
ACCEPT BID: JETCOAT CORPORATION $130,000.00
ESTIMATED 200,000 GALLONS EMULSIFIES ASPHALT.
PUBLIC WORKS.
ACCEPT BID: ALLIED UNIVERSAL CORPORATION APPERSON
CHEMICALS INC. $17,181.25, $7,425.00 RESPECTIVELY
FOR SWIMMING POOL CHEMICALS FOR RECREATION DEPT.
ACCEPT BID: GARMENT CORPORATION OF AMERICA: JULES BROS
UNIFORM,INC. $64,714.10 - $4,872.00 RESPECTIVELY.
WORK UNIFORMS CITY WIDE.
PUBLISH NOTICE OF PUBLIC HEARING FOR OBJECTION
TO ACCEPTANCE OF COMPLETED WORK OF "LYNDALE SANITARY
SEWER IMPROVEMENTS-SR-5462- C & S.
ACCEPT COMPLETED WORK FROM SUNSET ENTERPRISES
INC. $26,445. FOR VIRRICK GYM -BOAT RAMP
MODIFICATIONS.
ACCEPT COMPLETED WORK FROM P.N.M. CORPORATION
176,156.00 ASSESS LIQTlIDATED DAMAGES AND
AUTHORIZE FINAL PAYMENT FOR "CENTRAL DRAINAGE PROJECT
E-49.
ACCEPT_ COMPLETED WORK FROM REDLAND CONSTRUCTION
CO. INC. $239,970.57 FOR MANOR HIGHWAY IMPROVEMENTS
PHASE I -BID "B" DRAINAGE IN DISTRICT H-4465.
ACCEPT BID FROM:
A) M.P.S. INDUSTRIES INC.
B) LONESTAR FLORIDA INC.
C) KWIK-MIX CONCRETE CORP.
D) RINKER MATERIALS CORPORATION $146,700. FOR 3,600
CUBIC YARDS OF READY MIX CONCRETE.
PUBLIC WORKS.
AUTHORIZE CITY MANAGER TO EXECUTE AMENDMENT
TO AGREEMENT WITH A. TAOUECHEL ASSOCIATES, INC.
AS ARCHITECTURAL/ENGINEERING CONSULTANTS ON FIRE
RESCUE TRAINING FACILITY PROJECT, FOR EXTRA
WORK PERFORMED.
AUTHORIZE INCREASE IN SCOPE OF CONTRACT WITH FIRST
FLORIDA BUILDING CORPORATION FOR CONSTRUCTION
OF A FIRE TRAINING RESCUE CENTER IN AN AMOUNT NOT TO
EXCEED $113,000.00.
AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT*WITH
CHAMPION SPARK PLUG COMPANY RE:"ELEVENTH ANNUAL
CHAMPION SPARK PLUG UNLIMITED REGATTA" TO TAKE
PLACE AT MARINE STADIUM.
AUTHORIZE CITY MANAGER TO ACCEPT GRANT FROM THE
STATE DEPARTMENT OF NATURAL RESOURCES IN THE AMOUNT
OF $319,556. FOR DEVELOPMENT OF "JOSE MARTI
RIVERFRONT PARK".
ALLOCATE $55,000 FROM C.D. BLOCK GRANT FUNDS TO DOWN-
TOWN DEVELOPMENT AUTHORITY TO COVER COST OF
CONSULTANT SERVICES ON THE "PARK WEST PROJECT".
R-82-401
R-82-402
R-82-403
R-82-404
R-82-405
R-82-406
R-82-407
R-82-408
R-82-409
R-82-410
R-82-411
R-82-413
R-82-414
82-401
82-402
82-403
82-404
82-405
82-406
82-407
82-408
82-409
82-410
82-411
82-413
82-414
=u
C 0 N T
;M NO. 1 DOCUMENT IDENTIFICATION
u Tm4 ki n r
Page # 4
N U
- E_D__
COMMISSION MAL
ACTION- _ ___I_
__ SODE-0.
38 1 ALLOCATE $162 500 OF C D BLOCK GRANT FUNDS TO
39
40
41
42
43
44
MW
46
LIV]
48
49
50
METRO FOR ADMINISTRATION OF CERTAIN CITY OF MIAMI
ACTIVITIES PERFORMED BY THE COUNTY'S DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (HUD).
ALLOCATE $35,000.00 OF HOUSING BOND FUNDS TO METRO
FOR ADMINISTRATION OF THE "PUBLIC HOUSING SCATTERED
SITE PROGRAM" BY THE DADE COUNTY DEPARTMENT OF HUD.
ENTER INTO AGREEMENT WITH METRO DADE FOR LEASE OF
OFFICE SPACE AT CULMER OVERTOWN NEIGHBORHOOD
SERVICE CENTER TO BE USED IN CONNECTION WITH THE
"OVERTOWN JOB PROGRAM".
ACCEPT BID: FROM DELTA ENGINEERING CONTRACTING
CORPORATION AND DELTA PLUMBING CORPORATION.
$255,673.26 RE: "CITY WIDE. W. 57 AVENUE
SEWER IMPROVEMENTS SR-5469 C & S.
ORDERING RESOLUTION "CENTRAL SANITARY SEWER
IMPROVEMENTS SR-5481-C-DESIGNATING PROPERTIES
TO BE ASSESSED.
APPROVE ACTION OF SECRETARY OF TRANSPORTATION
FLORIDA DEPARTMENT OF TRANSPORTATION IN
DESIGNATING PORTIONS OF THE APPROACHES TO THE
PROPOSED MIAMI AVENUE BRIDGE AS LIMITED ACCESS
FACILITIES.
RATIFY ACTION OF ADMINISTRATION IN AUTHORIZING
ADDITIONAL WORK BY BARTON, ASHMAN ASSOCIATES,INC.
ON THE "DOWNTOWN GOVERNMENT CENTER PARKING GARAGE."
AMEND RESOLUTION 82-216, INCREASE TOTAL
ASSESSMENT ROLL FOR CONSTRUCTION OF SIMPSON
SANITARY SEWER IMPROVEMENT -DISTRICT SR 5391-C.
AMEND RESOLUTION 82-215 REDUCE THE TOTAL
CONFIRMED ASSESSMENT FOR CONSTRUCTION OF SIMPSON
SANITARY SEWER IMPROVEMENTS SR-5391-S.
AUTHORIZE CITY MANAGER TO AMEND AGREEMENT WITH
RALPH, ALLEN, INC. GOLF PROFESSIONAL AT MIAMI
SPRINGS COUNTRY CLUB, PROVIDING FOR AN
EXTENSION OF SAID CONTRACT.
DEFER PUBLIC HEARING CONCERNING ISSUANCE OF
DEVELOPMENT ORDER FOR THE "MIAMI WORLD TRADE CENTER".
ALLOCATE $22,000 TO UNDERTAKE, JOINTLY WITH
METRO DADE, A _COMPREHENSIVE HOUSING/SOCIAL
SERVICE SURVEY OF HAITIAN COMMUNITY"
IN THE NORTH CENTRAL PORTION OF THE CITY,
AUTHORIZE CITY MANAGER TO AMEND AND EXTEND THE
LEGISLATIVE SERVICES AGREEMENT WITH THE LAW
FIRM OF CRAMER AND CRAMER, INCREASING MONTHLY
COMPENSATIONS.
R-82-415
ml ff-IM407
R-82-417
R-82-418
R-82-419
R-82-420
R-82-421
R-82-422
R-82-423
R-82-424
R-82-425
R-82-426
R-82-427
82-415
82-416
82-417
82-418
82-419
82-420
82-421
82-422
82-423
82-424
82-425
82-426
82-427
CONTINUED Page # 5
�•
NO. DOCUMENT IDENTIFICATIONACTION Cott No
51 EXTEND EXISTING LEASE AGREEMENT WITH G AND R
MANAGEMENT INCORPORATED FOR USE OF THE TWENFTH
FLOOR OF THE BUILDING AT 150 SE 2ND AVENUE
UNTIL COMPLETION OF CONVENTION CENTER PROJECT. R-82-428 82-428
52 RESCHEDULE CITY COMMISSION MEETING DATES FOR
MONTH OF JULY 1092 R-82-429 82-429
53 CLAIM SETTLEMENT: JOSE PORTELA AVILA. R-82-430 82-430