HomeMy WebLinkAboutCC 1982-03-11 MinutesO:F ml M- I
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March 11. 1982 '
OF MEETING HELD ON -
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(REGULAR)
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PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL. �
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MICRO :ILMIM COMPLETED
RALPH G.. ONGIE j
CITY CLERK
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(REGULAR) SLEW (MARCH 11, 1982)
DISCUSSION OF RECENTLY ADOPTED CITY COMMISSION
PROCEDURES.
ESTABLISH SPEED LIMIT ZONE AROUND ALL OF DADE COUNTY
SCHOOLS AND PRIVATE SCHOOLS -FLASHING LIGHTS, ETC.
BRIEF DISCUSSION ITEM:
A) PARK RIDE FROM ORANGE BOWL TO DOWNTOWN.
B) F. P. & L. - BREAK -AWAY POLES.
AUTHORIZING CITY MANAGER TO EXPAND SCOPE OF SERVICES
FOR MARKETING PLAN AND IMPLEMENTATION STRATEGY FOR
"AFRICAN TRADE FAIR".
DISCUSSION OF ALLOCATING OF C.D. FUNDS FROM
C.D. PROGRAM FOR THE 8TH YEAR.
DISCUSSION OF FLORIDA POWER AND LIGHT COMPANY
FRANCHISE RENEWAL.
DISCUSSION ITEM: PLIGHT OF NICARAGUAN PEOPLE IN THE
U.S.
BRIEF DISCUSSION AND DEFERRAL OF ISSUE IN CONNECTION
WITH SANITATION WORKERS' LACK OF PROPER RAIN GEAR
FOR INCLEMENT WEATHER.
AUTHORIZE CITY MANAGER ENTER INTO AGREEMENT WITH
RONALD FRAZIER AND ASSOCIATES -PROFESSIONAL SERVICES -
DESIGN OF PROPOSED WEST COURTYARD ROOF PROJECT -
DINNER KEY EXHIBITION CENTER.
APPROVE AGREEMENT RON FRAZIER & ASSOCIATES -
PROFESSIONAL ARCHITECTURAL/ENGINEERING SERVICES
COCONUT GROVE EXHIBITION CENTER WEST COURT YARD
ROOF
DISCUSSION AND TEMPORARY DEFERRAL OF A.S.T.A. REQUEST
FOR USE OF COCONUT GROVE EXHIBITION CENTER AND
CONVENTION CENTER (SEE LABEL 13).
PERSONAL APPEARANCE: PROFESSOR FREILICH INRE
OVERTOWN PARK WEST PROJECT PROPOSED IMPACT FEE
ORDINANCE.
CONTINUED DISCUSSION A.S.T.A. REQUEST FOR USE OF
COCONUT GROVE EXHIBITION CENTER AND CONVENTION
CENTER (SEE LABEL 11).
PLAQUES, PRESENTATIONS AND SPECIAL ITEMS.
RECEIVE, OPEN AND READ BIDS: ALLAPATTAH HIGHWAY
IMPROVEMENT H -4474
CONTINUED DISCUSSION A.S.T.A. CONVENTION
%0lN%%, rAM 10.
DISCUSSION 1-10
R-82-199 1 10-11
DISCUSSION 1 11-12
R-82-200 1 12-16
M-82-201
16-27
M-82-202
27-28
R-82-203
28-29
DISCUSSION 1 30
M-82-204 1 30-35
R-82-205 1 35
DISCUSSION 1 35-38
M-82-206 1 38-40
DISCUSSION
41-46
DISCUSSION
47
M-82-207
47
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M-82-208
48-51
M-82-209
PAGE # 2
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... i N1 SOUITION
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AUTHORIZE THE CITY CLERK TO PLACE ON NEXT AVAILABLE
BALLOT STRAW QUESTIONS WHETHER CITY FUNDS SHOULD
BE EXPENDED -TO GROUPS, CONVENTIONS, ETC.
WHICH MAY INVITE PERSONS FROM COMMUNIST COUNTRIES.
A.S.T.A. CONVENTION -EXPRESSING SUPPORT -APPROVE
REQUEST FOR FUNDING-ASTA WORLD CONGRESS N.T.E.
$90,000.00
ACCEPT COMPLETED WORK: WEST TRAILVIEW HIGHWAY
IMPROVEMENT H-4447.
CONFIRM ASSESSMENT ROLL: SIMPSON SANITARY SEWER
IMPROVEMENT SR-5391-S
CONFIRM ASSESSMENT ROLL: SIMPSON SANITARY SEWER
IMPROVEMENT SR-5391-C
PUBLIC HEARING: RENAMING OF MANOR PARK TO
"CHARLIE HADLEY PARK".
BRIEF 'DISCUSSION- POSSIBLE DEMOLITION OF
BOOKER T. WASHINGTON HIGH SCHOOL.
DISCUSSION ITEM: DADE COUNTY SPORTS AUTHORITY.
DISCUSSION ITEM: MANAGEMENT AGREEMENT FOR THE CITY
OF MIAMI/JAMES L. KNIGHT CONFERENCE AND CONVENTION
CENTER.
PERSONAL APPEARANCE: DR. TED PLACE REQUESTING
FINANCIAL AID FOR EASTER SUNRISE SERVICE.
BRIEF DISCUSSION OF CONTRACT FOR MARINE DEVELOPMENT.
CONTINUED DISCUSSION STATUS REPORT ON PROJECT:
PARK WEST/OVERTOWN.
DISCUSSION ITEM: PROCUREMENT POLICY
DISCUSSION REGARDING DISPOSICION OF FIRE STATIONS
NO LONGER BEING USED -AMEND CODE TO ALLOW COMMISSION
TO DETERMINE DISPOSICION OF SUCH.
BRIEF DISCUSSION ITEMS:
A) ASSIGNMENT BY MARINE STADIUM ENTERPRISES OF BOAT
RENTAL RIGHTS AT MARINE STADIUM.
B) COMMISSION POLICY DECISION -BOAT RACING DAYS, AN
ALLEY -WAY SHALL EXIST FROM WHERE TO LAUNCH BOATS.
DISCUSSION ITEM: BUILDING VIOLATIONS AT THE MUTINY.
NO PERMITS ISSUED.
M-82-210
R-82-211
M-82-212
M-82-213
R-82-214
R-82-215
R-82-216
R-82-217
DISCUSSION
M-82-218
I R-82-219
DISCUSSION
DISCUSSION
DISCUSSION
M-82-220
M-82-221
M-82-222
M-82-223
M-82-224
51-53
53-57
58
58-59
59
60-67
67-68
68-75
1 76-79
79-81
81-82
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82-86
1 87-90
1 50-94
1 95-98
ba fi.sy..lf.
Yj ND.
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(REGULAR) MMCT (MARCH 11, 1982)
INSTRUCT CITY MANAGER NEGOTIATIONS WITH PLAYERS
STATE THEATRE AND STATE OF FLORIDA TO BUILD PARKING
STRUCTURE ON THEIR PROPERTY.
DISCUSSION OF SURPLUS IN THE CITY BUDGET FROM FISCAL
YEAR 1980-81.
SECOND READING ORDINANCE: AMEND SECTIONS 35-91
AND 35-93 OF THE CODE. ESTABLISH RATES FOR ON -STREET
METERS AND OFF-STREET PARKING LOTS.
FORMALIZING RESOLUTION: AGREEMENT WITH MIAMI
MOTORSPORTS, INC.-INTERNATIONAL MOTOR SPORTS
ASSOCIATION RACE
PERSONAL APPEARANCE: LES BROWN OF THE NATIONAL
CENTER YEAR ROUND PROGRAMS FOR YOUTH IN THE CITY.
DISCUSSION ITEM: BARNETT LAZARUS, SENIOR CITIZENS,
REGARDING F.P. AND L. FRANCHISE WITH THE CITY.
PERSONAL APPOINTMENT:WILLIAM PERRY, JR. REQUEST FOR
FUNDS RE:"CONFERENCE RELATIVE TO CRIME IN THE BLACK
COMMUNITY".
REQUEST FOR FUNDS FOR CONFERENCE RELATIVE TO CRIME
IN THE LATIN COMMUNITY(INTER-AMERICAN CHAMBER OF
COMMERCE).
DISCUSSION AND DEFERRAL: CESAR ULLOA, VICE PRESIDENT
ASSOCIATION DE FUTBOL DE LAS AMERICAS, REGARDING USE
OF MIAMI BASEBALL STADIUM.
PERSONAL APPEARANCE: JOSE NAVARRO-REQUEST FOR FEE
WAIVER BAYFORNT PARK AUDITORIUM.
PERSONAL APPEARANCE: MICHAEL E. ANDERSON, ESQ.
REGARDING 315 N.E. 2ND AVENUE -AIR RIGHTS (NO ACTION
TAKEN).
PERSONAL APPEARANCE: PHILLIP A. YAFFA, HOLYWELL CORP.-
TEMPORARY USE OF BANDSHELL AREA OF BAYFOONT PARK.
REOPEN STREETS IN DOWNTOWN ARE IF NO CURRENT
CONSTRUCTION IS TAKING PLACE ON NEW PROJECTS TO
EXPEDITE FLOW OF TRAFFIC.
PERSONAL APPEARANCE: MIKE GENDEN REGARDING BARBED
WIRE WITHIN RESIDENTIAL NEIGHBORHOODS.
AUTHORIZE AGREEMENT: GARCES COMMERCIAL COLLEGE INC.
JAMES E. SCOTT COMMUNITY ASSOCIATION-
CETA-OCCUPATIONAL SKILLS TRAINING -TITLE II-B
PARTICIPANTS.
ACCEPT WAIVER OF DEED RESTRICTIONS FOR MARINE
RELATED USES OFFERED -BOARD OF TRUSTEES OF INTERNAL
IMPROVEMENT TRUST FUND,
PAGE # 3 •�
rimmoINANCENt PAGE N0$
M-82-225
DISCUSSION
ORD. 9377
R-82-226
M-82-227
DISCUSSION
M-82-228
M-82-229
DISCUSSION
M-82-230
DISCUSSION
M-82-231
DISCUSSION
M-82-232
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R-82-233
R-82-234
1 98-99
1 100-112
1 113-114
1 114-115
1 115-117
1 117-119
1 119-120
1 120-122
1 123
1 123-12f
1 128-13(
1 130-13
1 131-13
1 135-1
1 137-1
Note: Ordinance # 9378 was killed.
.INS(
CITYI�lM��OF�IKI��nA PAGE # 4
tD'D r~1 �� (REGULAR) SU� (MARCH 11, 1482) Sr CN •P N00
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AUTHORIZE APPLICATION TO EDA REQUESTION 1.5 M FOR
RENOVATION AND REDEVELOPMENT OF PANTRY PRIDE BLDG.
N.W. 62ND STREET. I R-82-235 138-139
ALLOCATE COMMUNITY DEVELOPMENT BLOCK FUNDS TO OVERTOWN
DEMONSTRATION PROJECT-240 N.W. 11TH STREET.
R-82-236
139
EMERGENCY ORDINANCE: AMEND ANNUAL APPROPRIATIONS
ORDINANCE COVER EXPENSES OF BOOZ, ALLEN AND HAMILTON
INC. IMPROVEMENT OF COMPUTER OPERATIONS AND POLICE
PROTECTION SERVICES TO THE CITY.
ORD. 9379
140-142
AUTHORIZE AGREEMENT: BOOZ, ALLEN AND HAMILTON, INC.
IMPROVE COMPUTER OPERATIONS AND POLICE PROTECTION
SERVICES TO THE CITY.
R-82-237
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DISCUSSION AND DEFERRAL: AMEND ARTICLE XV-1
CENTRAL COMMERCIAL CBD-2 DISTRICTS, ETC.
DISCUSSION
143-158
PERSONAL APPEARANCE: NORA SWAM -
INTERNATIONAL FOLK FESTIVAL.
M-82-238
158-161
PERSONAL APPEARANCE: STUART SORG REGARDING SEVERAL
PROPOSALS MADE BY THE WATERFRONT BOARD:
A) FLORIDA BOATING IMPROVEMENT AGREEMENT.
B) NAVAL VESSELS AT BICENTENNIAL PARK.
C) PROPOSED PLAN FOR MARINE STADIUM.
DISCUSSION
162-164
FORMALIZING RESOLUTIONS:
A) ALLOCATE $10,000.00 TO CALLE OCHO;
B) CLOSE STREETS ON MARCH 14, 1982;
C) CLOSE STREETS ON MARCH 21, 1982
R-82-239
165-166
R-82-240
R-82-241
AUTHORIZE AGREEMENT: RICCI & ASSOCIATES INT.
TECHNICAL SERVICES. I R-82-242 1167
EMERGENCY ORDINANCE: AMEND CITY CAPITAL IMPROVEMENT
ORDINANCE MIAMI RIVER WALKWAY DEVELOPMENT. I ORD. 9380 1169
CLOSE CERTAIN STREETS MARCH 13, 1982 FOR ANNUAL ST.
PATRICKS DAY PARADE. R-82-243 169
EMERGENCY ORDINANCE: AMEND ANNUAL APPROPRIATIONS
ORDINANCE TO COVER PURCHASE ORDERS ISSUED IN FY 81
AND PAID IN FY 82. ORD. 9381 170
FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
1434-1500 N.W. 3RD AVENUE FROM R-4 TO GU. FIRST READING 171
GRANT PERMISSION TO CONSTRUCT AND OPERATE NEIGHBORHOOD
SHOPPING CENTER AT 1434-1500 N.W. 3RD AVENUE. R-82-244 171-172
DISCUSSION ITEMS:
1-CALL SPECIAL MEETING FOR TUESDAY, MARCH 16, 1982
TO CONSIDER ALL UNFINISHED PORTIONS OF THIS M-82-245
AGENDA.
2-DEPARTMENT OF TRADE AND COMMERCE. DISCUSSION
3-MIAMI CAPITAL DEVELOPMENT. I DISCUSSION 173-17
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
A A A A A A A A
On the llth day of March, 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 9:05 A.M., by Mayor Maurice Ferre
with the following members of the Commission found to be present:
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
ALSO PRESENT WERE:
Howard V. Gary, City Manager
George F. Knox, City Attorney
Matty Hirai, Assistant City Clerk
An invocation was delivered by Commissioner Plummer who then l,pd thane
present in a pledge of allegiance to the flag.
on motion duly made and seconded by the City Commission, the Minutes
for the meeting(s) of December 1 and 15, 1981 and January 14 and 17, 1982
were approved.
1. DISCUSSION OF RECENTLY ADOPTED CITY COMMISSION PROCEDURES.
Mayor Ferre: Now ladies and gentlemen, as you can see from the agenda, we
are going to start with items A though P in the morning session. Now it is
my guesstimate that we will get halfway through. I frankly do not think
that we will get through this morning the discussion on boat rentals at
marine stadiums, Seminole docks, and management agreement for the Convention
Center, the surplus in the City budget, the location of the Mel Reese plaque,
and the Department of Trade and Commerce. I would hope that we could certainly
do the first five or six items. Now, in the afternoon, we will try to convene
as close to two as possible, we're going to break at noon sharp. This is a
new day at City Hall. We're going to try to do things a little more
expeditiously and on time, and so on. And then, we have Public Hearings
at 2:30, items 3 through 6, Personal Appearances, which I think are going
to be somewhat lengthy at 3:00 P.M., then we start with Ordinances. The
Ordinance portion I don't think is overly controvertial, I think we'll be
getting to those around 4:30, 5 O'clock. My guess is that the Zoning Agenda
which starts with item 55, will be in the late afternoon; I do not think
that we will get to item 55 and thereafter until 5 O'clock, maybe 4:00 or 4:30
but certainly not before 4:00. So I know that many of you are here on those
items, there is some confusion, and I'd like to ask the Administration on
a question of the agenda. Arvah Parks this morning told :ue that upon
calling the Department, she was told that it would be on at 9:00 o'clock this
morning. The people from the Historical Society, Mrs. Juden and Mrs. Parks,
are they here? Mrs. Juden, who was it that you talked to, I don't want to
get anyone in trouble, but we want to clarify these things?
(INAUDIBLE COMMENTS FROM AUDIENCE NOT PLACED INTO THE PUBLIC RECORn)
MAR 11198�
Mayor Ferre: Yea, but you see, the problem is, that when citizens are
told by, let's not get into the name of the employee, but there was an
employee that was specifically mentioned, who answered: "The meeting
starts at nine, and that's when it's going to be heard." You know, that's
unfair to the citizens when they are told to be here at nine for an item,
and it's not going to come up until the afternoon.
Mrs. Jude: (INAUDIBLE COMENT 1%A(ttr:R.nt1gn NOT pLkCEn INTO THE ?"I'LIC oyCORD)
Mayor Ferre: What information? Mrs. Jude come up to the microphones your
name and address for the record, so we have this on the record.
Mrs. Jude: Sally Jude, President of Dade Heritage Trust, 200 Edgewater Drive.
Is there a possibility that items that are on the agenda from either Planning
or Zoning or other Divisions, a time certain be set if it's of community
interest or is this an impossibility?
Mayor Ferre: Yes, it is set on this agenda after 3 o'clock.
Mrs. Jude:. And when did that come out?
Mayor Ferre: Ma'am?
Mrs. Jude: When did that come out?
Mayor Ferre: It comes out on Friday, five days before the meeting. So this
agenda was published on Friday. It was available for you I assume...
Mrs. Jude: Well, I talked to Dan Paul last night at our Board meeting, and
Dan thought it was going to be fourth item this morning, he thought it was
going to be around 11:30.
Mayor Ferre: Well, Dan's an old expert at timing.
-Mrs. Jude: Well that's what I thought. That's why it puzzles me that it's
so difficult to find when items are on the agenda.
Mayor Ferre: Well, let me tell you for the future so that you understand.
Mr. Manager, if a citizen calls to find out when an item is on the agenda,
what is the procedure? Should she call the Clerk or should she call the
Manager's office, or what?
Mr. Gary: She should call the Manager's office and Mr. Bads is the one
responsible for the agenda. The normal procedure is that we inform people
that the Regular Meeting starts at 9:00. If there is an item that occurs
after lunch, we tell them that it will begin at 2 o'clock and we tell them
that we cannot guarantee when an item will be heard after 2:00, or between
9:00 and 12:00.
Mayor Ferre: Well, I would like you to do the following, just like you're
going to print the new proceedings of the City Commission, would you also
print a very large, or medium size sign with Mr. Bads's name and his
telephone number and put on it: "Five days before any meeting the agenda
will be published and if you have any questions on the agenda, this is
the person you are to call."
Mr. Gary: Yes, sir.
Mrs. Jude: Thank you, I think that will help. We put out a newsletter
and it's difficult to do it at the last minute.
02
MAR 111982
Mayor Ferre: Now, are there any questions as to what I've said, as to
procedure, and time, and agenda? Yes, sir, Mr. Fine.
Mr. Marty Fine: I just want to make sure I understand, on item 55
are you saying it won't be called before 4:00 o'clock?
Mayor Ferre: Yes, sir.
Mr. Marty Fine: Thank you
Mayor Ferre: 4:00 O'clock is the earliest item 55 will come up.
Mr. Robert Traurig: Mr... Mayor, because so many people have come from out
of town with regards to some items of this agenda, may we assume that you
will complete the agenda today?
Mr. Plummer: No, you can't assume that vender the new rules; we quit at
9 O'clock at night.
Mr. Traurig: That's why I raised the question. May we ask you to
waive those rules in view of the complications that resulted from having a
Zoning Agenda combined with a Regular City Commission Agenda?
Mayor Ferre: Well, I'll tell you. Let me, I think it would be bad for
us to start waiving rules, and I hope we don't do it. But I would like
to explain this. This is an extraordinary circumstance because as you
recall, the last Commission Meeting we ran very late, and we didn't
finish; and because we didn't finish we said we would mix Zoning with
our Regular Agenda. Now, I don't think we should start the meeting by
saying we're going to waive anything, Bob. I would just hope that we
can get through this agenda today. We've got some time constraint rules
and everybody is ready with stop clocks and everything to keep us from
talking too much, so I would hope that we can get through by 9:00 o'clock
Mr. Plummer: Mr. Mayor, I think that it would be a safe thing according
to the agenda that it be announced right now that any items from 7 on
will not be heard prior to 3:00 o'clock because that is the way the agenda
states.
Mayor Ferre: All right, that's what I think I had said. It's on the agenda,
and I don't think we need to repeat anything anymore.
Mr. Carollo: Mr. Mayor, according to the new guidelines, when are we
going to have some time to bring out pocket items and items...
Mr. Plummer: Fifteen minutes for each commissioner.?
Mayor Ferre: Yes, and as far as I'm concerned the new guidelines are in
effect now, so if any of you have any issue you want to bring out, you're
welcome to do it. This is the time to do it.
Mr. Perez: We have 15 minutes for each commissioner?
Mayor Ferre: Yes, sir.
Mr. Perez: O.K. Is it possible to start now?
Mayor Ferre: Yes.
Mr. Perez: O.K. Mr. Mayor, first, I would like to ask the City Manager
the reason why yesterday, when I requested a meeting with two department
executives at different times he insisted that an assistant manager sit
in the front of the meeting. It is a new policy of the City Administration,?
I would like a clarification from the City Manager's office. And also, Mr.
Mayor, I would like to know the legal opinion from the City Attorney.
03
MAR Igor.
Mayor Ferre: All right, Mr. City Manager and then Mr. City Attorney.
Mr. Gary: Mr. Mayor, members of the City Commission, in an effort to
improve the coordination of the administration and the staff, I have
asked that all items with regards to what's occuring in the City
Administration to be directed to me with me utilizing those resources
available to me, namely the ACM's as the first rung and the Department
Directors as the second level.
Mr. Carollo: Mr. City Attorney...
Mr. Perez: Could we have the opinion of the City Attorney?
Mr. Knox: Yes, sir.
Mayor Ferre: Let me correct something that Commissioner Perez has just said about
the 15 minutes, Mattie just gave me this. The meeting is divided and wil
begin at 9:UU o'closk and from 9"00 to 10:00 we have one-half hour for non -
agenda items that are pocket items for members of the Commission. Obviously,
to do it fairly, we have to divide one half hour by five people, it's six
minutes and not 15 minutes. And if someone wants to waive their six
minutes, there is no problem on that.
Mr. Plummer: Mr. Mayor, that was not my understanding. It was the
understanding, but you did not go far enough. That we would have a
half hour for packet items, but each cummissioner during the day would
have an additional 15 minutes for four, as you said, which would be one
hour. Now, if you'd recall the conversation.
Mayor Ferre: One hour, that's five hours total, of pocket items.
Mr. Plummer: No, no. One hour total; each commissioner having 15
minutes. You did not include yourself. I'll remind you of the
conversation with Commissioner Dawkins who suggested that that one
hour exist between 8:00 and 9:00 A.M. I have no problem with the
six minutes and I'll be glad to adhere to it.
Mayor Ferre: I'll do it any way you want; I'm just trying to understand
what we are doing. Obviously, if we each take one hour to ramble, we'll
never get through these meetings. It's bad enough as it is.
Mr. Plummer: It was a total of one hour.
Mayor Ferre: It was a total of one hour, that's what it says here. One
half hour to non -agenda items and one half hour to departmental reviews.
Is that the way it was? If you want to change that, I have no problem,
make a motion and we'll change it. But I think that for now, let's try
to stick to this.
Mr. Plummer: Fine, great.
Mayor Ferre: O.K. Mr. City Attorney...
Mr. Knox: Yes, sir. The Charter, at Section 4-D, provides among other
things, as follows:
"Except for the purpose of inquiry, the City Commission and its
members shall deal with the administrative service solely
through the city manager, and neither the commission nor
any member thereof shall give orders to any of the subordi-
nates of the city manager, either publicly or privately."
04
MAR 11 1982
a
Ir
Mayor Ferre: So, it's a question'of inquiry then, in other words, a Commissioner
is entitled to discuss anything he wants with any member of....any employee
provided that he does not give an order, is that correct?
Mr. Knox: Yes, sir, either publicly or privately.
Mr. Perez: And I wish to point out that the meeting that I called yesterday
was only to ask some question to Mr. Rodriguez, from the Marina Department,
Ms. Dena Spillman, from Community Service, and who else? I think Carlos
Martinez also. Instead of that meeting we have Cesar Odic, our Assistant
City Manager, and I think he came with an instruction from the City Manager's
office that he had to be there. I didn't call him in order to give him any
instructions, only to ask more information about the different programs, and
that's what I want to clarify and have in record today.
Mr. Carollo: Mr. Mayor, what the City Attorney has stated here today is really
the same thing that he gave me in writting approximately a year ago when I
requested it. The one thing that the Charter gives us the right to do is
to ask any questions of any city employee. Now, in the time that I have
been in this Commission, there have been three City Managers come by. Never,
even with Joe Grassie, never, has any City Manager to my knowledge directed
an employee that in order to see us they have to be chaperoned. I find that
insulting. What that tells me, Mr. Manager, that you either don't have enough
trust in your employees, or us, or both of us, so that we can sit down like
we always have to get information about things that are pertinent to the
City of Miami. I, for one, am not going to stand by and have rules put.down
that is going to prevent any employee of the City of Miami to come to myself
or any member of this Commission to talk to us about anything to do with the
City of Miami. That is my right as Commissioner, the Charter gives me that
right; and I'm not about to relinquish that right.
Mr. Dawkins: I beg to differ, Mr. Manager. Mr. Mayor, may read from the
Charter?
Mayor Ferre: Yes, sir.
Mr. Dawkins: Section D
"Commission to be judge of its own elections, not to dictate any
appointments by or interfere with Manager. The Commission shall
be the judge of the election and qualifications of its own members
subject to review by the courts. Neither the Commission, nor any
of its Committees or members shall dictate the appointment of any
person to office or employment by the City Manager, or in any
manner interfere with the City Manager, or prevent him from
excersising his own judgement in the appointment of officers
and employees in the administrative service, except for the
purpose of inquiry, the Commission and its members shall deal
with the administrative service solely through the City Manager,
and neither the Commission nor any member thereof shall give
orders to any of the subordinates of the City Manager, either
publicly or privately. Any such dictations, preventions, orders,
or other interference on the part of members of the Commission
with the administration of the City shall be deemed to be in
violation of the Charter and upon a conviction of a City Court
any member so convicted shall be subject to a fine not exceeding
$500.O0 or imprisonment for a term not exceeding 60 days, or both
in the discretion of the Court and shall forfeit his office.
Mayor Ferro: All right.
05
MAR 111982
Mr. Dawkins: That's our Charter.
Mayor Ferret t think we have an interpretation of that Charter legally from
the Law Department and was drafted over a year ago. I think the point is
very clear, and that is that whereas�as you have just read, we cannot as
members of this Commission give an order or interfere in any way, we can, at
any timeldiscuss anything with any employees and I wish to just may that
I first served here in the summer of 1967 as a member of this Commission
and served nearly four years with Mel Reese, who was as tough a manager
as this State has ever seen; and subsequently, I have served with Paul
Andrews, Joe Grassie, and Dick Fosawen; and at no timetprior to this,has
there ever been any stoppage in any form directly or indirectly of
employees or commissioners talking to employees. Now,,this is a major
matter; and I think, I don't recall any time that Mel Reese told an
employee that I couldn't talk to him.
Mr. Plummer: No, that's not true. Mr. Mayor, maybe not to you directly,
but you said any case that you had ever heard of, Arnold Siegendorf
was called on.
Mayor Ferret He was called on to what?
Mr. Plummer: He was called on the carpet by Mel Reese. (LAUGHTER)
Mayor Ferre: Well, that may be because Arnold Siegendorf was involving
himself in the process of administration, or giving someone an order or
implying an order.
Mr. Plummer: His contention was that it was not, it was in referrence to
the Fire Department.
Mayor Ferre: I know that it's a very delicate matter; and I think that
we ought to be very careful not to in any way infringe upon the ability
of the Manager to function as a manager. on the other hand, I think it
is the responsibility of this Commission to set policy. Now, you may
recall that last year the County Manager, Merritt. Steirheim, went through
a rather difficult period because he started to make an awful lot of
press releases, and some of the members of the Commission weren't overly
happy with that kind of an approach and as you recall that ended happily.
But I don't think that Merritt Steirheim is making too many press releases
these days. I think that this is an issue that is as important if not more
important. And I just, for myself have one question on the issue and that is
a question to the Manager: Have you given any orders in the last few months to
any employee not to talk to me or any member of the Commission if I call them?
Mr. Gary: Well, a number of things have been said, and I think it would be
appropriate for me to respond in addition to that question. The first is
that since I've been here which has been since 176 I know I've gotten some
orders not to talk to the City Commission, so there have been some direct
and indirect. Secondly, with regard to the contact with the City Commission
all I'm asking is that when the City Commission requests or desires information
from the Administration, I'm just asking them to come through me, as the Charter
states. Secondly, there are some specific requirements under our employment
contracts which deal with the whole grievance procedure, the management
procedure, that requires the employees to allow the Administration the opportunity
to address problems, to resolve problems, and discuss those problems. I think
thirdly, in terms of my talking to staff with regard to the City Commission
I've informed staff of the more fact that on numerous occasions I have been
asked questions by this Citv Commission as well as the Dublic which have been
discussed by staff with the City Commission without my knowledge and all I'm
asking is to be aware of what is going on in the City so that I can have the
opportunity of addressing those problems. Now, the reason I have asked the
staff to come to me, particularly some of the employees, is that I find that
a number of the employees have been utilizing City time to address problems
for which we're paying them to do other things and all I want to do is have
the opportunity to coordinate the resources that are available to me so that
I can insure that the services that we're supposed to provide, we'll be able
to provide.
tTZ
MAR 111982
Mayor Ferro: I think that's a perfectly valid request on your part to be
informed as to what's going on in the departments that are under you. On
the other hand, I do not think it is a valid position when I have requested
meetings with several people to understand what is going on in the departments
and my office has been specifically told that they cannot meet with me under
orders of the City Manager. And I think that maked my job as Mayor and
Chairman of this policy setting board difficult if I'm not informed as to
what is going on in the Administration, so I.have no problems, Mr. Managerg,
of informing you in writing as to who the people are that I want to see, I
do have a problem being impaired from talking to Department Heads and people
for the purposes of information, and I do have a problem as to any direct
monitoring during the process of my discussion with these people. I have no
problem in their making a full report to you on what was said, and I have
no problem in informing you when I speak to somebody and what the subject
was about, as a matter'of courtesy.
Mr. Plummer: Mr. Mayor,
Mayor Ferret Go ahead, J.L.
Mr. Plummer: Mr. Mayor, two points. I guess we all feel differently, and
that's great because it makes for a good ball game. I fail to see the
reason why there would be any problem with an Assistant City Manager
sitting in on any meeting. I personally would have no problem with that.
Mayor Ferret Has that ever been done to your experience, Mr. Plummer?
Mr. Plummer: Only when requested and I have no problem with that. I think
second of all, Mr. Mayor, and more importantly, the same Charter that
Commissioner Dawkins referred to does have another provision and I think
that other provision is very important in this subject matter because the
Charter does give this Commission that right to make inquiry; but it is to
be done fully, openly, and before the public, I think it's under Section
14, George.
Mayor Ferret That's a totally different subject.
Mr. Plummer: No, it's not, it's the same subject.
Mayor Ferre: Yes, it is. Are you telling...
Mr. Plummer: The City Commission to make inquiry even to the point of
giving this Commission subpoena power...
Mayor Ferret Of course
Mr. Plummer: To make inquiry into any subject that they wish.
Mayor Ferret But that doesn't deny me, Mr. Plummer, the right to call
Dena Spillman...
Mr. Plummer: Absolutely not.
Mayor Ferret .... and discuss with Dena Spillman what's happening in the Question
of housing, or what's happening in Day Care Center...
Mr. Plummer: No, no Mr. Mayor, excuse me, I...
Mayor Ferro: Are you telling me that for me to talk to Dena Spillman or
to Clark Merrill on something affecting Cable Television I've got to
constitute this to a board of inquiry?
Mr. Plummer: No, sir. I'm sorry, I said there were two points. The first
point...
0'7
MAR I 1199012
V e
Mayor Ferret I accept that there are two points.
Mr. Pluntnert The first point, and it is directly related to the conversation
taking place here, is that I have no problem personally with an Assistant City
Manager sitting in on a meeting and being fully informed. The second point,
that I was trying to make, is that the Charter that made these things that
Commissioner Dawkins speaks about gave this Commission, at any time the out
to make inquiries...
Mayor Ferret Of course, of course.
Mr. Plummert ...fully without any questions whatsoever to the extent of subpoena
power.
Mayor Ferret And my question to you is, for me to talk to Jerry Oereaux as
to what's happening In the procedures of housing, of the thousand houses
that we'want to build in Miami, do I have to have Dena Spillman present?
Mr. Plummer: According to the policy of the Administration, the answer is
yes.
Mayor Ferret Is that your policy?
Mr. Plummer: He just stated that.
Mr. Gary: My policy is that if you'd like to have some information with
regard to housing, I would hope that we can continue to have those meetings
we've been having to discuss those, and if additional resources are necessary
I'd bring them in.
(INAUDIBLE COMMENTS FULL STATEMENT)
Mayor Ferret I didn't hear that last part because I was listening to you
and not the Manager, I'm sorry. Mr. Manager, would you tell me again, if
I need to find out what's happening in housing with Jerry Gereaux, do I need to
contact you, or should I have Dena present when I talk to him, what is the
policy?
Mr. Gary: Well, first of all I think that the City Manager as well as the
Department Director should be aware of the informational request so that
proper information can be given to the City Commission. Obviously, if you
want some information with regard to housing, you obviously can call Dena
Spillman. I would not suggest that you call Jerry Gereaux for the mere fa&
that Jerry Gereaux works for Dena Spillman.
Mr. Carollo: Mr. Mayor, if I may, I think that the City Attorney has been
quite clear in the opinion that he has given. we have the right to inquire
of any member that's under employment of the City of Miami, any question that
we so see fit as to the happenings of the City of Miami. That's the legal
that we have by our attorney. And I fully intend to excercise that right
that I have to the fullest and if anyone here doesn't like it, wants to play
any more games, take me court, let's have it out in the open. But I'm not
going to stand by here and be told half truths when in fact if I would
follow this policy, or if I were to have followed it in the past, I would
have got maybe ten percent of the information that I had been requesting.
Now that is my right, and I'm going to excercise that right; and if you, Mr.
Manager or anyone else here wants to challenge it, take me to court.
Mr. Dawkins: Mr. Mayor...
Mr. Carollo: I'm not done, Mr. Miller.
Mr. Dawkins: O.K., I'm sorry.
08
MAR 111982
C�
04
Mr. Carollos
Thank you, sir.
Mr. Dawkins: You're more than welcome.
Mr. Carollo: ....but I see this as a play to you to flex your muscles and try
to excersise your power• that you're the boss, that we're not. Mr. Manager,*
I will tell you, sirs Flex your muscles, but when you see some musles flexed
over here. That, sir, is when you should concern yourself.'
Mr. Gary: Mr. Carollo
Mr. Dawkins: Mr. Mayor, Ohl, sorry, go ahead, Mr. Manager.
Mr. Gary% In response, first of all, I think all of the information requests
that you've made to me, Mr. Carollo, I have complied with, and I've done it
on a timely basis, I understand...
Mr. Carollo: No, sir, and whenever you like, we can sit down and go over
a long, long list.
Mr. Gary: I'd like to do that. Secondly, it is my position that you are
the boss, but you are the boss of the City Manager, the City Attorney, and
the City Clerk. I am the boss of the City employees under my control, and
in order for me to manage those employees properly, to have some kind of
order and decorum in those departments, I must ask you to refer all informational
requests to me; and I have no problems in assigning people to give you the
proper information.
Mr. Carollo: What I see this at is that you want to make sure that only
the information that you want gets to the Commission, and the information
that you do not want to get to use you're going to bury it. And that, sir,
is completely unacceptable to me.
Mr. Dawkins: Mr. Mayor, I do not follow this reasoning, but maybe that's my
personal opinion, but I'd like to know from this Commission if I am free
because I am very; very angry and disturbed with the Police Chief in that
he does not have any minorities to amount to anything as majors, as captains,
as lieutenants, you have no Latins, no Blacks, and no females. Is this
Commission telling me that I'm at liberty to sit down with Harms and give
him hell and tell him...
Mayor Ferre: Absolutely.
Mr. Dawkins% All right. O.K., all right, wait, O.K. and do not go Harms
through the Manager and tell him that if he does not do this...
Mayor Ferro; But that's an order.
Mr. Dawkins: Well, that's what we're saying.
Mayor Ferret You can't give him an order.
Mr. Dawkins% All right, by the same token, I am very disturbed at the Sanitation
Department in that for some reason there seems to be a dictatorship over there.
I'm disturbed with that, but I am free to tell Clarence Patterson and tell him:
"I'm disturbed with you."
Mayor Ferret Absolutely.
Mr. Dawkins: O.K. in the Information Department
Mayor Ferret You can discuss it.
Mr. Dawkins: --there are very few minorities other than Latins, there are
no Whites and no Blacks, that I am free on my own to go to these people?
Vol
MAR 111982
Mr. Dawkins: ' (con t) 41n that for some reason it seemed to be a dictatorship
over there. I am disturbed with that, but I am free to go to Clarance Patter-
son and tell him, "I am disturbed with you".
Mayor Ferre: Absolutely. Okay.
Mr. Dawkins: In the Information Department, there are very few minorities,
other than Latins. There are no Whites, no Blacks. Then I am free, on my own, to
go to these people.
Mayor Ferre: Absolutely. You are free to discuss it with them. You are free
to get all the information that you feel is appropriate for you to do your job.
You are not free, directly or indirectly imply an order, or that you are going
to do something or other if something isn't done. You have no authority to tell
the Police Chief that unless he hires a major, or two more Black majors, that
you are going to see that he gets fired, for example. That is not within your
prerogative. You cannot say that; but, you can ask him what he is doing about
it. You can ask him fully. I think the Manager's request however, is a reason-
able request and that is that he be informed exactly what is going on, because
if he is to manage the City, he must be informed. He can't have any of us talk-
ing to the Police Chief without the Police Chief informing him as to what the
discussion was. I think that is a totally reasonable request.
Mr. Dawkins: And Mr. Manager, I may as well give you yours now. I am damned
disturbed with you that you do not have a Black assistant city manager. And I
will tell you, since I am free to tell you, I will tell you now. I don't like
it and the quicker you get something done, the happier I will be, along this
line of getting a Black assistant city manager.
Mayor Ferre: Alright. Now, is there anything else on this subject?
Mr. Carollo: Yes, Mr. Mayor, a subject similar to this. On this subject, of
course, the Manager has acted within his power in the Charter. I would just
like to make sure that what has come to my attention is correct and give my
personal point of view to the Manager. Mr. Manager, the Department of Public
Information, for the past, one of the services that they have provided to the
community has been to send some of their personnel to cover every City Commis-
sion meeting and then inform the public in the form of press releases, etc., as
to what went on in the Commission meetings. I understand that you have given an
order that they cannot come to the Commission meetings anymore to cover them.
Is that correct, or not, sir?
Mrs Gary: That is not correct.
Mr. Carollo: Is there anyone here today from the Department of Public Informa-
tion covering the Commission meeting?
Mr. Gary: Yes, Ms. Levitan is here.
Mr. Carollo: Can I ask of her who is going to be assigned full time from now
on to cover the Commission meetings?
Mr. Gary: I am going to assign her to do that.
Mr. Carollo: Alright, because it was my understanding from employees was that an
order was given that they cannot cover the Commission meetings anymore. And since it is
your right to decide that. I just want to let you know what my feelings are and
that I will keep, you know, track of how we do.
Mr. Gary: Yes, sir.
Ferre: Anything else on this?
2. ESTABLISH SPEED LIMIT ZONE AROM-1D ALL OF DADE COMTTY SCLOOLS
PRIVATE SCHOOLS -FLASHING -LIGHTS, ETC.
Mr. Perez: Last Monday, that is a different motion, we attended a meeting of
the Dade County School Board and in reference to the school - "To Save The
School Crossing" committee. They have a motion there, the School Board passed
a resolution urging the Metro -Dade County to establish 15 miles around all
Dade County private and public schools and I would like to propose to this
10 MAR 11 1982
Mr. Perez: (con't) Commission that we adopt a similar resolution aad...
Mayor Ferre: Alright, is that in the form of a motion?
Mr. Perez: ....and transmit it to the County. I have a copy of the resolution
that is a formal motion. `
Mayor Ferre% Would you read the title of it, please?
Mr. Perez: It is Resolution No. 82-1. "The School Board of Dade County re-
quest and urge the Board of County Commissioners of Dade County, Florida to
establish a 15 M.P.H. zone around all Dade County public and private schools,
to install flashing caution lights in advance of all school zones, and to
permit a one year pilot program for improved traffic safety at selected
public elementary schools in Dade County, Florida, including crossing
monitors." I have here the whole resolution and...
Mayor Ferre: Alright, is there any discussion on this? Do you want to make
it in form of a motion? It has been moved and seconded that the City Commission
parallel the School Board's motion, memorializing our feelings for the Metro-
politan Dade County Commission who has jurisdiction over this issue. Further
discussion. Call the roll.
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 82-199
A RESOLUTION URGING AND REQUESTING THE BOARD OF COUNTY
COMMISSIONERS, DADE COUNTY, FLORIDA, TO ESTABLISH A 15 M.P.H.
ZONE AROUND ALL DADE COUNTY PUBLIC AND PRIVATE SCHOOLS, TO
INSTALL FLASHING CAUTION LIGHTS IN ADVANCE OF ALL SCHOOL
ZONES, AND TO PERMIT A ONE YEAR PILOT PROGRAM FOR IMPROVED
TRAFFIC SAFETY AT SELECTED PUBLIC ELEMENTARY SCHOOLS IN
DADE COUNTY, FLORIDA, INCLUDING CROSSING MONITORS: FURTHER
SETTING FORTH EMERGENCY INTERIM AND ON -GOING SAFEGUARDS AND
MEASURES TO BE TAKEN BY THE CITY MANAGER IN CONNECTION WITH
SCHOOLS IN THE CITY OF MIAMI BASED ON INSTRUCTIONS CONTAINED
HEREIN.
(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.
3. BRIEF DISCUSSION ITEM:
A) PARK RIDE FROM ORANGE BOWL TO DOWNTOWN.
B) F P 6 L - BREAD. -AWAY POLES.
Mr. Plummer: I just would like to make inquiry during my period of time.
Mr. Manager, I have asked for two requests, and one of them is now dragging
over 60 days. I had asked of the Administration to inquire of Metropolitan
Dade County about the reinstituting of the park ride from Orange Bowl to down-
town. I have heard nothing in reference to that.
Mr. Gary: Mr. Plummer, we have had contact with Dade County Transportation
authorities and we have sent them two letters requesting, not only that they do
that, but a meeting. We were given to someone who could not make a decision, and
we have asked that the director of the program sit down and talk with us and that
meeting is scheduled, I think, for next week.
11
MBAR 111982
Mr. Plummer: Fine. I just like to be kept informed as to what is going on.
The second question - Mr. Manager, I asked that at this Commission meeting,
and I see nothing on the agenda that Florida Power b Light come here and show
reasons why they would not go on Dixie Highway with the new break -away aluminum
poles. I have made inquiry and got results that since that meeting with my re`
quest some two weeks ago, there have been some 30 people injured on Dixie High-
way as a result of running into concrete poles that do not give. I am Inquir-
ing now as to why we have not got an answer back, which I had asked for at the
last meeting.
Mr. Gary: Mr. Commissioner, I think a couple of days ago I submitted corres-
pondence to the Mayor and the City Commission, informing you that we have had
contact with the Dade County Transportaiton Authority as well as the State and;
we also attached a letter there from the Assistant Director of Transporation
in the State, who has recommended to his director that the break -away poles on
U. S. O1 be installed instead of the current poles, as well as the new poles
for the Blue Streak bus. He has recommended this in his budget proposal. The
director informed him that they didn't have enough State money to do it, and he
recommended as an alternative, utilizing Federal funds and we are expecting to
get a final answer on that next week, and we are dealing directly with the State
on this matter.
Mr. Plummer: I will await your answer. Thank you.
Mayor Ferre: Alright, our half-hour is now up. Now, before we get into the
agenda items, we have the question of courtesy to people who come from out of
town or who have emergencies. I will ask if there is anybody here on any item
that has a personal emergency, like a doctor, or a hospital, or that type of
thing where an item has to be taken out of sequence, or secondly, if there is
somebody that has come in from out of town that has to catch an airplane,
where an item must be taken out of sequence. Is there anybody here who has
that kind of a problem, either one?
4. AUTUORIZING CITY MANAGER TO EXPAND SCOP"Z OF SERVICES FOR
MARISTI11G PLA21 AND IMPLEMENTATION STRATEGY FOP, "AFRICAN
TRADE FAIR".
Mayor Ferre: Mr. George Dalley, we are always honored to have a distinguished
member of the Federal government. Mr. Dalley, who was member of the Civil
Aeronautics Board. He is the first Black appointee in the history of the United
States to that Board. We are always honored to have a distinguished colleague in the
affairs of government with us. H. Dalley, the Chair would recognize you.
Mr. Plummer: Mr. Mayor, I think a motion is in order.
Mayor Ferre: Yes, sir.
Mr. Plummer: According to the guidelines set up, it will take a motion of a
3 to 5 vote.
Mayor Ferre: There are the guidelines and there are ... there is no such thing.
Mr. Plummer: To overcome, to take out of order, takes a 3 to 5 vote, doesn't
it?
Mayor Ferre: There is no such thing in the guidelines. You can read it; that
is why I looked at it before and that is not one of the things that we adopted.
Now Mr. Dalley, the Chair recognizes you.
Mr. Plummer: It was overlooked.
Mr. Dalley: Thank you, Mr. Mayor. As you know, I serve on
the Advisory Committee for the Miami African Trade Fair. It is appropriate,
however, for the the chairman of that committee to make the resolution. I ap-
preciate the courtesy of being permitted to deal with this item prior to my hav-
ing to leave.
12
E
MAR 111982
f
Mayor Ferre: Mr. Dailey, just for the purposes of keeping this legal and fair,
you have to catch an airplane, is that why you have...
Mr. Dalley: Yes, I do. I have an appointment in New York this afternoon', I
must take a noon flight from Miami International Airport.
Mayor Ferre: We just want you to remember that Miami is an important aeronauts-
cal location on the map of the United States and I know that you have always been
very friendly to Miami, but I hope in your deliberations you always keep in mind
that you have friends here; that the aviation industry is a very important part of
our welfare.
Mr. Dalley: I am well aware of that sir, and I will continue to keep that in mind.
Mayor Ferre: Talking about aviation, one of the pioneers of aviation also honors
us with his presence and you will introduce, Chairman.
Mr. Dalley: Yes. I am very pleased to serve on this Advisory Committee for the
Miami Trade Fair under the chairmanship of Mr. James Clinton, who I know all of
you do know, and Mr. Clinton is truly a pioneer in aviation and a man whose lead-
ership and knowledge of Africa has been of a measurable benefit to the process
we have been involved in in planning the feasibility phase of the Miami Trade
Fair project. I would like to introduce Jim Clinton to the Commission.
Mr. Clinton: Mayor and members of the Commission, I am Jim Clinton and I am a
resident of Miami, Florida and the chairperson of the five member Advisory Com-
mittee for the Miami African Trade Fair. I would like, at this point, Mayor
and members of the Commission,to merely indicate that in terms of a progress
report, that we are making excellent progress in the completion of this feasibi-
lity study as to the holding of an African Trade Fair in Miami in the fall, Oct-
ober or November of 1983. My purpose, therefore,- our purpose - in being here
is merely to indicate that the committee is absolutely satisfied with not onl;/
the progress of the feasibility study, but with the idea of appearing before you
again in a couple of months when the extension is completed and bringing to
your attention our council and our advice that an African Trade Fair, which
would be the first one in the histroy of the United States in Miami, would be a
feasible action to take. Our reason for being here, however. is to present a
resolution that would grant an additional
for the use of the consultants that we have - $28,000, which is within the budget
of the $100,000 that we had granted by you to us, last April, and I would like
Mr. Mayor, if you will, to read the resolution.
Mayor Ferre: You don't have to do that. It is Item #34 on our agenda and the
Commission would look at Item #34, I think we could dispatch with it very simply.
Mr. Carollo: Mr. Mayor, so moved.
Mayor Ferre: There is a motion first of all on it. Is there a second?
Mr. Dawkins: Second it.
Mayor Ferre: Now for discussion. Go ahead.
Mr. Dawkins: No. 1, Mr. Clinton, I am disturbed that this task has not been com-
pleted on time. I am disturbed that there is a cost over -run and I am also dis-
turbed that of $73,000 of City of Miami taxpayer's dollars, oily $2800 was spent
with the local firm in this City. I would like to know from you, with this ex-
tension of $28,000, I must have a guarantee that this phase of the contract will
be completed. I also must have a guarantee from you that there will be signed
participation, if I may request such a thing - which I don't know if I can, being
one of this Commission.
Mayor Ferre: What do you want signed?
Mr. Dawkins: That anything in writing with commitments from the people in Africa.
Bringing me word of mouth is fine, but I need something in writing from somebody
that says that they have been contacted and that they will participate, etc.
Mr. Gary: Mr. Mayor, it probably would be appropriate for me to respond to that
question, if I may, Dr. Clinton. Firstly, we have some signed documents in terms
of people's interest; however, this last phase is that phase to have people sign
the dotted line of commitment, not only in terms of Africa, but also in terms of
13 MAR 11 1982
t PN
Mr. Gary: (con't) the United States. Secondly, with regard to the local
participation, primarily of Blacks in this African Trade Fair, it is our in-
tent in the second phase of this process, if implementation, if the final re-
sults deem it appropriate to proceed, that we will utilize local people in ad-
dition to the other experts that exist throughout the country. The local people
here this time were limited only in terms of assisting us in obtaining 10Ca1
approval as well as State grants. The reason for going out of town is because
we needed someone who had considerable experience in dealing with trades, but
also in terms of dealing with Africa, and it is our intent to involve the local
community and particularly those who are interested in trade with Africa in
the second phase.
Mr. Dawkins: Mr. Manager, the only problem I have with that is, as you said,,
the local people have no expertise. If the local people are not involved with
individuals who have expertise, there is no way of local people obtaining this
expertise; therefore, I would have hoped, but there I go, this is hindsight,
that this national organization would have reached back to this local organiza-
tion and said "You do not have this expertise. Since the City of Miami has hired
us with your tax dollars in order to provide this, we will take one of you on
board to insure that once this is over, you have the expertise to do this".
This company went to Africa. I don't know how many people were on that committee.
They did not take one local person from this community with our tax dollars.
Mr. Gary: I don't want you to get the wrong impression, Commissioner Dawkins.
The local people were involved, with regard to two respects. The first is that
we had a local contract, and they were informed on a milestone to milestone
basis of the activities that were occurring. Secondly, in terms of the involve -
went, we have also had a local advisory committee that we met with on numerous
occasions to explain what we are doing. Furthermore, we have now scheduled to-
morrow morning, a breakfast to sit down with all those people locally, who are
presently doing trade in Africa, presently interested in doing business in
Africa, and general entrepreneurs, to inform them of what we have done, to also
get their input in terms of what we have come out with, as well as their input
in terms of how we should proceed, so we do plan to keep them involved on a
local level and more so on the implementation. I think that it is important
for you to know that the first phase of it, because of the technical aspects
of it, it was important for us, not only in view of the technical aspects, but -
also in view of the time constraints and the money constraints, for us to get
someone who would not have to have a learning curve, so that we can implement
this project at a very reasonable cost.
Mayor Ferre: Alright, Mr. Fannotto?
Mr. Fannatto: Honorable Mayor b members of the Commission, Ernie Fannotto is
my name. I am president of the Taxpayer's League of Miami 6 Dade County and
the Homestead Tax Exemption League of Dade County. I would just like to....
Mr. Carollo: What is your address, Ernie?
Mr. Fannatto: I understand that they are going to spend $28,000 for consultants.
That is about 27% of $100,000 and that is ridiculous. I would like to see the
money spent on the project, not to give it all to the consultants. You know
what is a fair amount? 10%. And Commissioner Dawkins, I want to commend you
for bringing up the point of local people. I always believe in City of Miami
jobs should stay with City of Miami voters and taxpayers, but I don't want
this to go on unnoticed. I think you should stop the project until you cut the
price of the consultants down to'10% and not $28,000, which is just about 27%.
It is ridiculous:
Mr. Carollo: Ernie, can we have your address for the record, please?
Mr. Fannatto: Mr. Carollo, Ernie Fannoto is my name and I am president of
the Taxpayers League of Miami, and 140 N. W. 9th Ave, Miami, Florida.
Mr. Carollo: Thank you, Ernie.
Mr. Fannatto: But I do hope that you do something about this and don't let the
project go on until you cut it.
Mayor Ferre: Thank you, Mr. Fannatto. Alright now, Ladies b Gentlemen, before
I call the question, may I explain just briefly. As the father of the creature,
lot of things keep popping up about this African Trade Fair that are basic mis-
understandings. Let us understand what this is. There are a series of very,
very important developing large nations in Africa - Nigeria, Ivory Coast, Kenya,
14 MAR 111982
Mayor Ferret (con't) amongst others. They are giants, a lot of money# grow-
ing very rapidly, and these people have as a tradition, gone to Europe as their
main marketplace to buy and sell goods and services. They go to the old Colonial
Powers. They go to France; they go to England, but they don't come to the United
States. And the United States has done preciously little to change that. Now,
I am not saying that it is the responsibility of the City of MIAMI to change the
foreign policy of the United States in regards to Africa. I am saying, however,
' that this is an opportunity, in the same way that we took Latin America as an
opportunity, and I want to remind you that 10 years ago, there was very little
going on in this town with regards to Latin America, and Latin America wat geo-
graphically very close. Today, Latin America accounts...Venezuela alone accounts
for almost 30% of our trade and commerce. Mr. Fannatto talks about taxpayers.
Let me remind Mr. Fannatto and others that there are 250,000 taxpayers in this
town who are able to pay taxes because they are making their living off of foreign
trade and commerce. These are jobs that were not available. Mr. Fannatto, I am
not going to recogniie you any further; I am sorry I mentioned your name; I apolo-
gize, and I am not going to get into a debate with you.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Ferre: Alright, now let me tell you that as we get into this African
Trade Fair, we are going in uncharted grounds. Nobody has ever done this ever
before. This is new. Now, I want to tell you that I have been in conversations
with Mayor Andy Young of Atlanta. Mayor Young would like very much to take this
project over. Anytime that we would want to give it up, he would reimburse us
for the full amount of our study, as long as we promise that we will stay out
of trying to divide an African Trade Fair. I have told Mayor Young that I am not
about to do that. I don't know whether this Commission will support me; I think
it will support me. The African Trade Fair is ours; we started it; we are going
to finish it and we are going to do it. Now, let me tell you that it is very
difficult to do an African Trade Fair because these are new nations, and this
has not ever been done in America. Now, for us to get to the point where we know
whether or not we can afford to proceed, a lot of work has to be done. It is not
costing $27,000. It is costing $100,000 to the consultants, and for that, they
have spent a year, along with the work of this wonderful committee, from all over
this country who are experts in African trade, who have advised us and who have
brought us hopefully to this conclusion. By June, we will know, after having
spent $100,000 whether or not it makes any sense to proceed. Now, I am not going
to get stuck with something that is going to fail. I don't want to get involved
with something unless it has been very carefully thought out. I know $100,000
is a lot of money, but I want to tell you, that if we can get Nigeria, or the
Ivory Coast to buy $100,000,000 worth of products through Miami, $100,000 seed
money is a drop in the bucket. And also having been a participant in making
Miami an Inter -American city, a gateway to Latin America, I want to tell you that
we have recaptured whatever money we put, and I want to remind you that this
City, County and State has not spent $100,000 to develop the Latin market. .We
have spent millions of dollars - millions and millions and millions and they are
the beat monies that this City and community has ever spent, because it has en-
abled, just in this community alone, 250,000 people to find a way of making a
living, and I want to tell you that I think the future of African trade with the
United States is just as important, and just as large and just as vital, because
there are 450,000,000 people who live in Africa and many of them are in countries
that are going to have the affluence and the wherewithal to be major business and
trading partners of the United States and I think the time is now to start develop-
ing these relationships and if Miami becomes the entry city, I guarantee you that
10 or 15 years from now, it is going to be a source of pride, not only to Black
Americans, but to all of us who had the foresight to look into the future and
see an opportunity and take it. Therefore, Mr. Clinton, to you and to Mr. Dalley
and to all of your committee and the participants, I am optimistic; I know this
is not an easy task that we have, but I am sure that it will be one that we will
all look back years to come with happiness and that...are there any further points?
Alright, then, call the roll on Item 34.
15 MAR 1 119
The folling resolution was introduced bAommissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-200
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND THE PROFES-
SIONAL SERVICES AGREEMENT WITH BARNES FINDLEY INTERNATIONAL,
INC. (BFI) AND AWI TRADING COMPANY & CONSULTANTS, INC. (AWI),
A JOINT VENTURE, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, TO
EXPAND THE SCOPE OF SERVICES FOR A MARKETING PLAN AND IMPLE-
MENTATION STRATEGY FOR AN AFRICAN TRADE FAIR WITHIN THE EXIST-
ING BUDGET OF $100,000 AND TO EXTEND THE CONTRACT PERIOD TO
JUNE 30, 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.
5. DISCUSSION OF ALLOCATING OF C.D. FUNDS FROM
C.D. PROGRAM FOR THE 8TFi YEAR.
Mayor Ferre: We are now on Item No. "A", which is the C.D. social services.
Ms. Spillman, the Chair recognizes you.
Ms. Spillman: Mayor and members of the Commission, this is a continuation of a
discussion we held at the last Commission meeting regarding the allocation of
social service funds from the Community Development Program for the eighth year.
As you requested, we have officially requested a waiver from the Federal Govern-
ment so that we can utilize the same amount of funds for social services as we
did last year. I have heard word that that will be approved, although it has not
yet been. Before I start, I want to say a few things. One, that this is not
called as a public hearing, the policy -setting session for you. The official
public hearing on Community Development will be held at your April meeting.
Mayor Ferre: Let me , just for a matter of ... so that we understand each other,
this is a Committee of The Whole hearing; it is not a public hearing. All we
are going to do here is set our policy; now beyond this we will have public
hearings when we get to the areas of setting the budget.
Ms. Spillman: Correct. Now, we have made some changes in our recommendations
based on the directives that you gave us at your last meeting, and the sheets
that I have just passed around for you are a result of the recalculations on
the issue of per capita funding that came up as a result of Coconut Grove re-
ceiving more than their fair share of funds and your instructions to limit any
target area to no more than 3 times the average. The sheets in front of you
reflect the averages We have also calculated in that data the recent influx of
refugees in Miami, and we have distributed that influx by target areas, so you
will see that...
Mayor Ferre: Dena, excuse the interruption, but I see Elizabeth Virrick stand-
ing back there. Ladies & Gentlemen, we have a problem, because there are more
of you than there are chairs available. Now, we would put up chairs for you,
but the fire code prevents us from doing that. There is one seat here and there
is one over there, and any of you gentlemen, especially, the younger gentlemen,
who feel...I see about a dozen ladies back there, and if you would be kind
enough to give them your seat, I am sure it would be greatly appreciated. There
are some ladies that are still standing back there. I don't want anybody to say
that I am a male chauvinist, but I do think that we can let the ladies sit down
and it would be much appreciated. Alright, I am sorry Dena, continue.
16
0
Ms. Spillman: As a result of recalculating the per target area allocations
and trying to bring Coconut Grove down to the level that is equitable, Coco-
nut Grove allocation will have to be reduced from $256,600 to $686844, which
differs a bit with the information that you have in your memo - a slight
difference.
Mayor Ferre: Okay.
Ms. Spillman: Also, following your instructions, cutting out the Black Arts
Graphics Program and Accion, we currently have a balance of $1760756 for al-
location. Now, of that amount, Staff is recommending the following: that the
Overtown Jobs Program be increased by $20tOOO to a total of $195,000. The pro-
gram is critical in the neighborhood. The neighborhood is fully supportive of
it and it is under -funded at this time. We are also recommending that the Alla-
pattah Community Action Agency be increased from $89,800 to $114,800 to give
that agency a full year's allocation for funding. At the moment, they are under-
funded for the year. And the third recommendation is to increase Action Com-
munity Center by $12,000 for a very specific purpose. We have received two
CETA grants for the Overtown neighborhoods. We have 96 participants in this
program that must be transported daily to work sites. The City does not have
the ability to transport these people. We don't have trucks or vans or buses
to this, and we would like to contract with Action to provide this service for
us. It is a one-time program, and as soon as the program is ended, their in-
volvement would be ended in that as well. If those recommendations are accepted,
there is a balance of $119,756, which would be available for allocation. Now,
I would like to be clear on this. We have only listed here for your information
agencies that have requested additional funding, or new agencies that have come
to the City that we have never funded before. Our recommendation is not to in-
crease any of these agencies, nor fund new agencies; however, the balance is
there, and I need your direction today on how we proceed with that. The second
issue that we discussed last time was day care. As briefly as possible on
that, in order to respond to your concerns regarding day care, it is our recom-
mendation that for the Community Development program, we take the available
funding for day care by target area and put it out for bids to the public to
see if we can get a better price on the program, to respond to your concern.
And with that, I would be happy to answer any questions that you may have.
Mayor Ferre: Alright, are there any questions?
Mr. Plummer: Mr. Mayor, actually my question is to the future, and I guess I
know the answer, but I want to get it in the flag-waving early. Dena, this is
all well and nice that we have got, I guess what you would call a reprieve. A
stay -of -execution, is more, I think, in order. In reality, Dena....
Mayor Ferre: You don't have any conflict of interest with those?
Mr. Plummer: No, Mr. Mayor, because none of them have done what should have
been done. Dena, you know, when you give additional candy to the baby, the baby
the following year expects no less. Handing out this dulce this morning, or
policy handing out, what are we in fact, looking to next year?
Ms. Spillman: Okay, the situation is this. I would anticipate that we would
have a slight cut in our Community Development program next year. I would assume
that the Administration would allow us to get another waiver and use the same
amount of money for social services. However, you must understand that every -
time we do that, we are taking money away from other projects, like housing,
and other needed activity in the neighborhood. There is, however, a new regula-
tion, and that is, that by 1985, and this is the law, we must reduce our social
service spending from its current level of 16�% of our grant to 10% of our grant,
and that is a law passed by Congress. There are no waivers, so in 1985, you are
going to be faced with cutting almost half of our social service programs.
Mr. Plummer: Is it anticipated by the Administration that we are going to operate
as normal government by crisis and in 185 everything stops and dries up, or is
the Administration going to prorate this over two years in a gearing down process?
Ms. Spillman: Commissioner Plummer, my recommendation would be would be, in order
to start the process, that we take the balance that we have right now; we don't cut
any existing agencies; we hw.---a already agreed to cut two, but we leave the rest
where they are. We take thief $119,000 and reprogram it into physical activities
and start the process.
Mr. Plummer: For the record, the two agencies that are cut in this proposal.
Ms. Spillman: Accion Community Center and Little Havana, which is a minor amount
of money and will not affect their operation, and the Black Arts Graphics Program,
17
MAR 11.198 - _ _-
I 7
Mr. Plummet: What about the Community After School?
Ms. Spillman: Those programs have been cut, however, they are funded under
Federal Revenue Sharing, and we are not considering them today.
Mr. Plummer: So we will discuss that at a different time?
Ms. Spillman: Yes, air..
Mr. Plummer: But, they have been cut as far as Community Development.
Ms. Spillman: You have instructed me to cut those programs out of Federal
Revenue Sharing and we shall do that.
Mr. Plummer. Okay. The only other question that I have. There was indication
at the last meeting, when we discussed this matter, that in fact, the Dade
County School Board was providing after school care for about $600 a child. I
notice in your memo that the figures relate up to the amount of about $2900
per child. A type of program with City contractors, child day care is at
$2917 per child. Yet, we find in the private, and public, as you call it, the
same child day care, or day care - I am not going to try to say that the pro-
grams are similar - for $1287, but, whether by design or intent, the School Board
providing after school care, in particular, I think Mr. Tassey stated that thlev
do it for $600. Now, you know, I think that is a very important oversight, that
that is not a comparable figure here. I think it was Commission Dawkins who
made the statement we ought to contract with the School Board if they can do it
for $600. Now, I once again will remind you, I, by my own choice, send my child
to private school, and I send my child to a school in which I pay a total of
$2000 a year, $900 less than what the City is paying and it is no education
involved. Now, something is radically wrong. I think that radical wrong has
got to be Tightened.
Ms. Spillman: As a partial response, Commissioner, if we do put these programs...
Mr. Dawkins: My concern is that through no fault of its own, Coconut Grove re-
ceived this abundance of services. I would like to know, how are we going to cor-
rect this without having the area suffer tremendously. Now, by that, I mean teat
they are getting $80,whatever it is per capita. We have to come down to $17 pbr
capita, which means that somewhere along the lines, a drastic cut has to be made
in some areas, so I would like to know how you are going to do it, and in what
areas and how are you going to gradually - or if you are going to do this abrupt-
ly - or are we going to gradually try to phase into it?
Ms. Spillman: Well, the recommendation as it stands, is that we do it abruptly,
starting in June. The programs that would be affected are the primary health-
care programs. Now, that service would be available to Coconut Grove residents
at Jackson Hospital. We do fund a transportation program City-wide that would
be available to transport people from Coconut Grove to Jackson Hospital to re-
ceive service.
Mr. Dawkins: Okay, what is the funding for the transportation program? I mean,
off the top of our heads, if we were to take 1/2 or 1/4 of this transportation
money and put it into that Health Care Center, rather than transport people from
their area, couldn't we serve them better in their area?
Ms. Spillman: It is more convenient for them to be able to go to Coconut Grove
for this service.
Mr. Dawkins: It is not a matter of convenience; if you got a stomach ache, who
wants to ride all the way to Jackson? It is a matter of providing the service
where it is needed.
Mr. Perez: Okay. Dena. somethings that I think is very important that we clarify is what
is the population of the City of Miami, the official population. That is one of
the reasons that I called you yesterday. On some reports, we have a population
of 346,000. I think I read that police report the other day of 414,000. Whe I
called your attention, for example, about Little Havana, I think you didn't pay
consideration to the Mariel influx in the Little Havana, okay? But, you have in
the first report a per capita allocation of $6.69, and now this memo that we re-
ceived today the per capita is at $4.82, but the total allocation is the same.
Ms. Spillman: Yes, we did recalculate the population based on the refugees,
and we did...
Mr. Perez: Yes, but I think that the per capita allocation will affect the total
amount.
i$ MAR 11 1982
Ms. Spillman: Well* we don't...we have not changed any total amounts, Comte
missioner. There are existing programs in Little Havana that we are r6eoi1ead-
ing continue. We have not recommended that any target area be increased in
their funding for social services, so what happened in Little Havana when we
added the refugee population* their per capita amount went down, so in fact, they
are receiving less per capita than we had previously thought. We did not increase
their allocation to bring their per capita back up.
Mr. Perez: Yes* I know. But, in Overtown area, you have the same population of
about 12,000. I see that in Overtown at this time, you have a lot of Haitians;
you have a new community in that area also. I think that it changed from the last
report to this one.
Ms. Spillman: The information that we received from the census indicated that
most of the refugees are in Little Havana, Allapattah, Edison -Little River and
Wynwood. There is a 15% balance that is City-wide and I agree with you. I am
sure that some of that 15% is in Overtown, however, we have no basis to conclude
a specific number fof that.
Mr. Plummer: Dena, this, as I understand it, is the direction given you by this
Commission, was a balancing act. Is that correct?
Ms. Spillman: Yes.
Mr. Plummer: Okay. Then, the most glaring unbalance of this act, and I would
ask the question, not for any reason other than, Edison -Little River is Zero.
Now, that doesn't seem like it is much of a balance with a Zero.
Ms. Spillman: Okay, let me explain that, Commissioner. As you recall, we have
had a citizen participation process for six years on Community Development. The
Edison Community does not want social service programs. They have never asked
for them; we have never turned them down; they don't want them. They are more
interested in housing activities and other activities. I might add that recent-
ly the City funded HACAD to the tune of about $105,000, I believe, and that
agency is working very much in Edison -Little River because of the high Haitian
population there.
Mr. Plummer: Then, why doesn't that show that here? Because then you generate
another question that says on the balancing act of these other areas, "this
really is only a figure representative showing of the total CD dollars or social
service dollars".
Ms. Spillman: It is total, Commissioner. If you look under Edison, they are
receiving $105,000 for a hot meals program. There should be an additional...
Mr. Plummer: No, no, no. That's Federal Revenue Sharing. We are speaking only
to Community Development today, not FRS. As you said before, the predicate you
laid. We will talk to FRS later.
Ms. Spillman: Well, I am trying to give you the total social service picture.
Mr. Plummer: No, no, no. Let's talk apples to apples.
Ms. Spillman: There is no Community Development funded social services in Edi-
son -Little River.
Mr. Plummer: Alright, then. This is completely out of balance and unacceptable.
Well, if we are going to go according to the policies set by this Commission,
what you have proffered is not in order.
Mr. Gary: Yes, but, Commissioner, I think what Ms. Spillman is saying to you is
that that community has opted to spend most of their money in Capital Improve-
ment related items as opposed to social program items, and therefore have been
allotted money more on that end as opposed to social service ends. Now, in ad-
dition to the Capital Improvement program, they also have $210.000 of Federal
Revenue Sharing for social related programs.
Mr. Plummer: We are not talking about Federal Revenue Sharing, Mr. Gary.
Mr. Gary: I understand that, but you need to understand, under Community Develop-
ment, because of the flexibility of Capital Improvement intensive projects, they
have opted to do capital intensive projects as opposed to social service programs.
' 19 MAR 11 1982
Mr. Plummer: Dena, in the paper that you gave us this morning - "C.D. Alloca-
tions" - is that the total allocations for social service programs?
Ms. Spillman: Just the social services.
Mr. Plummer: That is right. What was the policy set by this Commission of
the ratio of balance?
Ms. Spillman: Well, the policy...
Mr. Plummer: No, no. Answer my question, please.
Ms. Spillman: The policy given to me was that no target area would receive
more than three times the average allocation.
Mr. Plummer: Thank you. This is not in direct response of this Commission policy.
Mayor Ferre: Which area are you talking about? Coconut Grove?
Mr. Plummer: No, I am using Edison Center because it is a big fat Zero.
Ms. Spillman: But they don't want any program.
Mr. Plummer: That is not the point!
Mayor Ferre: No wait, it is the point.
Mr. Plummer: You were under policy of this Commission to develop a chart show-
ing that no one area would be more than three times the other.
Mayor Ferre: What does that have to do with Edison -Little River?
Mr. Plummer: They are getting Zero.
Mayor Ferre: Yes, but see, J. L., look.
that is important to the community..
Mr. Plummer: Yes.
If, for example, there is a program
Mayor Ferre: and it is functioning in Allapattah and in Wynwood, okay?
Mr. Plummer: Yes.
Mayor Ferre: and if, for example, let's say JESCA is involved in that program,
and it is functioning successfully.
Mr. Plummer: I have no problem with that.
Mayor Ferre: and it is also rendering a service to the people of Edison -Little
River.
Mr. Plummer: Right.
Mayor Ferre: and into the community there, there is no request for any type of
a funding program, I think that it would be unfair to take the funding from the
Allapattah or the Wynwood, or another part of...or the Culmer/Overtown to create
A ... just to satisfy a formula, I think it has to be balanced with reason. I
think....
Mr. Plummer: But, Maurice, how much balance is there in a Zero?
Mayor Ferre: If the community..if the target area does not have a community based
group that is requesting it, there are plenty of community based groups...
Mr. Plummer: We put them out of business. We took away their funding, and there
was .... sure, there is no community based out there, because this Commission took
the funds away from them.
Mayor Ferre: Look, I don't want to get into a big....
Mr. Plummer: All I am saying, Mr. Mayor, that this, as presented, is not what we
put the department under instructions to do, and I am asking that they comply
with this Commission's request.
20 h��r;11 1982
t
Mayor Ferre: Look, you know, we can discuss this and put this matter to a
vote. I for one, just want to say that I have read this memorandum care-
fully on several occasions. You have to have Solomonic wisdom to even come
up with any kind of a solution. There is no solution that is going to satisfy
everybody. I think we made a lot of progress. I think a lot of logic has been
inserted into this. It is not perfect. I am perfectly willing to...
Mr. Plummer: It was your motion that we set this policy.
Mayor Ferre: Fine, and I think we have to deal with it on a reasonable basis.
Now, you know, we have to be reasonable about some of these things. There is
a hundred and some -odd thousand dollars left over to allocate, based on this,
formula. We have to deliberate on how this allocation goes. Now, the policy
has been fairly well set. Unless somebody from Edison -Little River wants to
protest it.
Mr. Plummer: I am sorry Maurice. What I am saying is, I agree with the policy.
Mayor Ferre: Fine.
Mr. Plummer: It was a fair policy that no one orgi�nization or one target area
shall get three times more the level of funding than another. That policy has
not been adhered to. This policy is completely out of whack.
Mayor Ferre: In the case of Edison -Little River.
Mr. Plummer: Maurice, I use that only because a Zero is so obvious. Now, you
know, who gets three times more than Zero? Or who gets three times less than
Zero? All I am saying to you, Mr. Mayor, is, that this Commission established
a policy. The department did not follow that policy. They have come back with
what they think is right, not what this Commission has set.
Mayor Ferre: What specifically, I mean let's get right to it...
Mr. Plummer: Let's get right to the mathematics. That is what it came down
to, and once again, using the most glaring example. There is no allocation at
all for Edison Center. Look at your chart, the next to the last column. Okay?
You are looking at a chart there that is so far from three times the level of
funding - city-wide, 64C. Allapattah gets $2.11. Yet, we find Coconut Grove
with $68.14. You know, this is not what the Commission was trying to do, and
that was to be fair.
Mr. Gary: Mr. Mayor?
Mayor Ferre: Yes, sir.
Mr. Gary: I would like to respond that you also have to take into consideration
the Federal policy as well as the City Commission's policy, and that is, that we
are not going to establish new programs. We are going to deal with existing pro-
grams.
Mr. Plummer: That is fine.
Mr. Gary: Now, well listen to me first. The existing program are the ones that
you have on your sheet. Now, if you are saying to us now to give more money to
Allapattah, there is no program that we can give it to existing programs in the
CD, and plus you have to take it away from existing programs who wanted in their
neighborhood to give it to some neighborhood that don't want it.
Mr. Plummer: He who speak with split tongue! Let me tell you. What you are
saying to me is there are no elderly who need food in the Edison Center. You
are saying to me that there are no people who need transportation. This is to
me, absolutely ridiculous.
Mr. Gary: Let me tell you what I am saying.
Mr. Plummer: I heard well what you are saying, and then I want you to go back
and speak to the area in Allapattah that you created. I want you to go to the
others that you created within the last couple of months and let's talk to
fairness.
Mr. Gary: Let me clarify. I think it is important, Mr. Mayor, because he is
saying that, you know, that we are not sensitive to the needs of...
21
MAR 111982
Mr. Plummer: That is not what I said.
Mayor Ferre: Commissioner, Mr. Commissioner, Mr. Manager, I don't mean to
start invoking the time rule on this, but I think the time is running along,
and I think that we have got to get on with this.
Mr. Dawkins: I need one question answered.
Mayor Ferre: Alright.
Mr. Dawkins: Of the $83, or whatever it is that Coconut Grove is getting,
what, since I have heard you distinguish between Federal Revenue sharing and
CD funds, of that $83, what percentage of that is CD funds and what percentage
is revenue sharing?
Mr. Plummer: $256,00.0 as opposed to $71,000, it is right here.
Mayor Ferre: $256,000, is.... 0600 is going to C.D., ana $71,uUU is FKS, right?
Mr. Plummer: Yes, $328,000 total.
Mr. Dawkins: So I think this is a distortion and we should say that only "X"
number of dollars is CD funds and not distort the picture and make it look
like Coconut Grove is getting away with what we are not.
Ms. Spillman: Well, the problem is, Commissioner, that we have two funding
sources. They provide social services.
Mr. Dawkins: Well, you did not say that in your report.
Mayor Ferre: Alright, what..
Mr. Dawkins: Okay, go ahead Mr. Mayor, let us move on.
Mayor Ferre: Dena, are you requesting for us to set a policy today, or are
you just informing us, or what?
Ms. Spillman: Yes sir. Sir, we have got to go - we have our public hearing
in April and we have got to have a policy and to to the community with it.
Mr. Plummer: Mr. Mayor....
Mayor Ferre: Alright, let me ask you this..J. L., please —let me ask a ques-
tion of the Manager. There are a lot of people that are affected that are here,
that want to speak on this. Now, for us to set a policy without even hearing
from the public and I really don't want to get into a public hearing posture,
because it will take us three hours to get through this, but on the other hand,
if we are doing things that are going to affect people that are receiving
money, I hate, you know, to have this Commission take a policy stand without
letting them speak.
Mr. Gary: Mr. Mayor, I would like to make a comment and an observation - I
think we can find out from the public. I think the people here are people who
have programs that were satisfied the last meeting that they were going to have
the same amount they had before. They were not going to be cut, and they are
probably here just to assure that that is still the case.
Mr. Plummer: Mr. Mayor...
Mayor Ferre: Okay, is there anybody here, excuse me, J. L., then I will recog-
nize you. Is there anybody here who absolutely feels that he must or she must
speak today?
Mr. Lettington: Yes.
Mayor Ferre: Tell me why, and then I will see if I will recognize you or not.
Your name for the record.
Mr. Lettington: My name is Bill Lettington, I live at 3910 Little Avenue. I
am on the board of Family Clinic and I am the Vice -President of the Coconut Grove
Civic Club.
Mayor Ferre: Alright, Mr. Lettington, just address and only address the issue as
to why this Commission should hear you this morning.
Mr. Lettington: Well, there is some confusion. When we came on February llth,
Mr. Plummer made a motion that we would be funded for the coming year at the
same level. Now, we are confused, as that was passed unanimously.
Mr. Plummer: Those eggs are in the basket.
Mr. Lettington: Where we are going to get our $100,000.
Mr. Plummer: That was not Mr. Plummer. That was my motion, but this Commission
approved it.
Mr. Lettington: So we can't get cut next year.
Mr. Plummer: That is right.
Mayor Ferre: What is you are shaking your head about?
Ms. Spillman: Because, in order for us to adhere to your instructions that no
target area receive three times more than the average,
Mayor Ferre: they have to be cut.
Ms. Spillman: They have to be cut.
Mr. Plummer: But, you haven't adhered to that.
Ms. Spillman: Yes, I have, Commissioner.
Mr. Lettington: You told us we wouldn't be cut.
Mr. Plummer: We are speaking to Community Development only.
Mayor Ferre: Mr. Lettington, let me explain to you what the problem is and
then..
Mr. Plummer: Read the memo, your own memo.
Mr. Gary: I understand, but look at Coconut Grove. They come funded through
Community Development.
Mayor Ferre: Let me see if I can answer Mr. Lettington's question. The problem
is, that we have over the years inched up in Coconut Grove, and Coconut Grove is
spending, five, ten times more and getting five or ten times more than any of
the other.... let me finish, please. I won't interrupt you, okay? Now, the prob-
lem is that we cannot ... it is just patently unfair for us to give a target area
like Overtown $3.00 per capita and give Coconut Grove $85 per capita. We cannot
do that. It is unfair, so what in effect we are doing is, we are saying "Alright,
we have to start all over again in rethinking this thing", and the distribution of
money has got to be on a more, on a fairer per capita basis. What we said was,
if there is a community who is getting a lot more, like Coconut Grove, I would,
for the time being, and I recommended arbitrarily a figure of three times. If
you want to make it two times or four times, that is up to the Commission. We
will say that if the average is $7.00, or $8.00, we will allow Coconut Grove to
get three times the average of whatever everybody else is getting, to not make
the blow as severe, but we have got to get to something that is a little bit more
reasonable. We cannot have Coconut Grove receiving seven or eight times what
everybody else is receiving. That is unfair, and that is where we are at now.
You see, Coconut Grove in the past is receiving so much more than everybody else,
who is getting $68.41, when the average is how much Dena? $17.34? Ma'am?
Ms. Spillman: The average is $5.78. Three times that is the $17.34.
Mayor Ferre: $5.78, I am sorry...is $17.34 and the fact is, Coconut Grove is
getting $68 per capita, when you have other communties that are getting 64s,
$4.70, $3.68 and Plummer said, Edison -Little River, Zero.
Mr. Plummer: Well, Mr. Mayor, you must understand, excuse me. You must under-
stand that these figures here are very misleading, because we are basically..
instructions to taff was to speak only to Community Development. Now, when
they have come up..let me show you here, you had better understand..they come
up with this $5.78 figure..
Mayor Ferre: $5.79, you mean?
Mr. Plummer: No, they are taking and combining Community Development and Fed-
eral Revenue Sharing, so that figure is misleading, very misleading.
r ��r
MAR 1 119Q2
Mayor Ferre: I think you have a point. I think I see what you are saying.
Ms. Spillman: Commissioner Plummer, the $5.78 figure is only CD. The $17.34
figure is only CD.
Mr. Plummer: Then I stand corrected if that is the case.
Mayor Ferre: What is the red light all about?
Mr. Dawkins: Time is up.
Mayor Ferre: What is the red light all about - whose time is up?
Ms. Hirai: The Commission has exhausted the seven minutes per Commissioner,
collectively on any given issue.
Mayor Ferre: Alright, so now wind up. Let's make your statement and let's see
if we can wind it up.
Ms. Spillman: Mayor, can I make a recommendation?
Mayor Ferre: Yes, Ma'am.
Ms. Spillman: We have been going through this now for at least three Commission
meetings.
Mayor Ferre: Yes.
Ms. Spillman: We have the ability. Now, I know there is a problem in some minds
on the Grove. However, the problem is going to have to be resolved by 1985 any-
way. We have the ability right now to re -fund all existing agencies at the same
level as last year. That would temporarily solve the problem.
Mayor Ferre: I'm not for that.
Mr. Plummer: Until what date?
= Ms. Spillman: Until June of 1983.
Mayor Ferre: I am not for that. We have already established a policy and, heck,
I will do it very simple. I will move you that the policy that was established
by the City Commission the last time be adhered to and that your recommendation
in Item "A" be followed precisely as you placed it.
Mr. Plummer: Mr. Mayor, then what you are saying is, I find that in conflict.
In conflict states (1) that you are saying let's adhere to the policy set Feb-
ruary llth and that I agree with. But column "A" does not adhere to that policy.
That is the only point I am arguing.
Mayor Ferre: And Column "A" doesn't adhere to it because you have averaged CD
and....
Mr. Plummer: If you take, Mr. Mayor, and you look here, alright?
Mayor Ferre: Let's get that point cleared up.
Mr. Plummer: Alright. Let's use Overtown. Overtown on this chart is $15.70.
Alright?
Mayor Ferre: Yes.
Mr. Plummer: That is not three times any other target area. You take city-wide,
or let's use Allapattah. They are getting $2.11. Now, three times that would
be $6.33.
Ms. Spillman: No, no, no. Commissioner, let me explain the directive I was
given.
Mayor Ferre: Let he speak, and see if she can clarify. Go ahead.
Mr. Plummer: Yes, go ahead.
Ms. Spillman: The direction I was given from the Commissioa was not to change
every target area allocation to bring them to a mean, but to limit any target
area from receiving more than three tines the average. The average is, as you
2A MAR 11 19$#
Ms. Spillman: (con't) see as the 5 - whatever figure. Three times that is
$17.25. We are saying that Coconut Grove is the only target area that receives
more than that figure, and therefore they must be cut.
Mr. Plummer: But, that is not fair. That is not what the Commission did in
its policy.
Ms. Spillman: Can I explain something to you? I think I know what you are say-
ing. In order for us to get to where you would like to be, we would have to cut
several agencies. We would have to make up new agencies in different target
areas that would be ..... I don't think that is what your intent was, to have us
juggle numbers and end up having to cut programs...
Mr. Plummer: Dena, since in my estimation, no one in your department read the
directions of this Commission, let me read it to you. It is very clear, and
it says: "The City Commission expressed its intent to limit social service
funding in any given target area to a level not more than three times the average
per capita allocation of all its target areas". "Of all", okay? Now, when you
come to this line that you have got here, next to the last column, no. It is
my understanding of what the Mayor proposed, and it was his proposal, that we ?_
have to be fair and you cannot tell me that with a per capita in Overtown of —
$15.70, that that is fair to the people in Edison, the people city-wide of 641,N,
in any way, shape or form. It is not fair.
Mayor Ferre: Well, I will tell you, there is just twenty ways to skin this
cat, and unfortunately, I don't purport having the solution of the problem
solved for everybody, but I think, J. L.; my position is simply going to be to
back the Administration in their recommendation and I think beyond that we are
getting into real deep water., okay?
Mr. Plummer: Well, the Administration's recommendation, as I just heard it is to
re -fund every program at the level of service of last year, is that correct?
Ms. Spillman: I think the Mayor is referring to our recommendation to cut Coco-
nut Grove to bring them down to the three times level, to increase three programs
and...
Mr. Plummer: Dena, did I not hear you just state on the record that you felt
that the fair way of doing it was to..you did not say that?
Mayor Ferre: No, she said that that was an alternate, as I understood. She said if
you can't agree, then just continue doing it the way you have been doing it.
Mr. Gary: Mr. Mayor, if I may.
Mayor Ferre: Yes, sir.
Mr. Gary: The Administration recommended initially to continue funding based upon
what people got last year with the exception of two agencies. At the last City
Commission meeting, the policy was changed to a per capita, to insure that no
persons exceeds three times the average per capita, so we have recommended two
things, two alternatives, based on City Commission directives. So, it is up to
the City Commission to decide.
Mayor Ferre: And for the record, what are the two alternatives? Increase Alla-
pattah from $89 to $114 and increase Accion by $12,000 from $251,000 to $263,000.
are those your recommendations?
Mr. Gary: The recommendatons, Mr. Mayor, is if you want to go with the 3 per
capita, these are recommendations. If you want to go for giving everybody what
they had before, then our recommendations prior to the last meeting, were the
recommendations.
Mayor Ferre: Alright, just so we can get it on the record, Mr. Carollo, I pass
the Chair over to you, and I make a motion that we follow the recommendation
as outlined in Item "A" of the memorandum dated February 24th.
Mr. Carollo: There is a motion, is there a second?
Mr. Perez: Mr. Mayor, the way that you made your motion, do you include all
these things on the old proposal?
Mayor Ferre: .rust as proposed.
Mr. Perez: With all of the recommendations of the different areas?
3
4� MAR 111982
Mayor Ferre: If we st& picking, we are going to gettto such a fight hart#
that I don't want to get into the middle of that. All I at saying is, I as
just going to follow the recommendation. That is my motion.
Mr. Perez: Okay, I second.
Mr. Carollo: Motion and a second. Any further discussion? Hearing none* may
we have roll call.
The following motion was introduced by Mayor Ferre, who
moved its adoption:
ON ROLL CALL:
*Mr.Plummer: I think that this which is proposed is totally unfair. I don't
think that that was ever the intent of this Commission. I think that this
Commission at all times has been tried to be fair to all target areas. This
does not represent that to me. I vote "no".
MOTION NO. 82-201
A MOTION ACCEPTING AND APPROVING THE ADMINISTRATION'S RECOM-
MENDATION FOR SOCIAL SERVICES CUTS FOR COMMUNITY DEVELOPMENT,
AS OUTLINED IN MEMORANDUM DATED FEBRUARY 24, 1982 FROM DENA
SPILLMAN TO THE CITY MANAGER IN CONNECTION WITH THE DEPART-
MENT'S RECOMMENDATION ON SOCIAL SERVICE CUTS.
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, Jr.
ABSENT: Commissioner Miller J. Dawkins
Mayor Ferre: Alright, now, where are we, Dena?
Ms. Spillman: We will be back to you in April on the public hearing and we
will come up with the final final, and we can discuss day care then.
Mayor Ferre: At that time we will have a full public hearing to discuss all
of these things as it impacts us, at the April meeting. What we have es-
tablished is a policy, that we..in a general sense.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Ferre: Elizabeth, what has happened is, that we were spending in Coconut
Grove...
Elizabeth Verrick: Now, that is where I want to stop you. I would like to
have a review of how you arrived at $83. It seems to me that there is some-
thing wrong with those figures and I would ask, if I may, to have a list of
what produced those things.
Mayor Ferre: Would you do that right now? Would you go and sit down, right now?
Yes, right now.
Ms. Spillman: I could do it now, or meet with her at her convenience.
Mayor Ferre: Why don't you and the interested people in Coconut Grove that are
involved, sit down with Dena right now. Can you do that now?
Ms. Spillman: Certainly.
(INAUDIBLE COMMENT - STANDARD LANGUAGE.
Mayor Ferre: Well, this will take five minutes, Elizabeth. There is a room
right back there. You can discuss it in the next five minutes, alright? Yes,
sir?
Mr. Lettington: Just to finish off here, you know, we treat thousands of people
a year in this clinic. Now we have gone on the basis, after being here at your
„�* MAR 1 11982
#I
f
Mr. Lettington: (con't) February 11th meetin, that we are getting $100,000.
Mayor Ferre: Well, you are not. Alright now, Dena..
4.
Mr. Lettington: Wells why..you passed that, right here in front of us.
Mayor Ferre: Well, we reversed it. Alright now, Dena, let me explain this
to you, so you will understand. There is a letter here from Mr. Allen Nichol,
okay? - who says that they - and I am talking about the Kendall Medical Center
proposal -.were substantially cut and they could give the same service for a
lot less money. Would you talk to Mr. Nichol and review this, and have soft -
body come up with a recommendation.
6. DISCUSSION*OF FLORIDA POWER AND LIGHT COMPANY FRANCHISE RENEWAL.
Mayor Ferre: Alright, we are now on Item "B", which is the Florida Power &
Light Company franchise renewal. Alright, Mr. Manager, we are on Item "B".
Mr. Gary: Mr. Mayor, sometime ago we came to the City Commission requesting
that we begin negotiations with Florida Power & Light Company to extend our
current franchise, which expires on March 31, 1984.
Mayor Ferre: I am sorry, Mr. Manager. Go ahead.
Mr. Gary: We are now requesting that we be given permission by this City
Commission in view of the last meeting, where you instructed us to come before
you to seek permission and to negotiate with FP&L, for the mere fact that there
are issues that have to be addressed; it is going to take some time to negotiate.
Mayor Ferre: Ladies & Gentlemen, there is a session of tis City Commission
going here. Now, it is totally disrespectful of the others who are here on
important issues for you to be talking. I would respectfully request that you
move, if you want to leave these chambers, do it silently, please. Alright,
Mr. Manager, continue.
Mr. Gary: We are requesting permission from the City Commission to begin
negotiations with FP&L to be later brought back before you for final action.
There are some major issues that we have to address, and those are issue of
monthly versus annual payment, issue of commercial customer being charged
the FP&L franchise rate, and the extension without a referendum. If you
will recall, the City Attorney was very successful in defending the cable
TV license in terms of City Commission's authority as a result of state home
rule that the City Commission has the authority to enter into a license and
a franchise with the Florida Power & Light by ordinance and we are requesting
permission from you to begin negotiations to come back to you in the very
near future in terms of what we are recommending.
Mayor Ferre: This does not, in any way, commit this Commission, or this City
in any way....
Mr. Gary: No, sir.
Mayor Ferre....all it does is it authorizes you to begin the discussion.
Mr. Gary: Yes, air.
Mayor Ferre: Alright, is there a motion to that effect? Alright, 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. 62-202
A MOTION OF THE CITY COMMISSION AUTHORIZING AND DIRECTING
THE CITY MANAGER TO BEGIN NEGOTIATIONS WITH FLORIDA POWER &
LIGHT IN CONNECTION WITH THE RENEWAL OF THEIR FRANCHISE, FUR-
THER DIRECTING THE CITY MANAGER TO COME BACK BEFORE THE CITY
COMMISSION IN THE VERY NEAR FUTURE TO INFORM THE COMMISSION
AS TO HIS RECOMMENDATIONS.
27 E2
Upon being seconded by Commissioner Perez, the motion was passed
and adopted by the following vote:
AYES. Commissioner Demetrio Perez, Jr.*
Commissioner J. L. Plummer, Jr.*
ViceMayor Joe Carollo
Mayor Maurice A. Ferre.*
ABSENT: Commissioner Miller J. Dawkins
ON ROLL CALL:
*Mr. Plummer: With the full understanding that this is entering only into
negotiations, that at all times the City Manager will keep this Commission
informed as to what the negotiations are containing and from time to time,
asks for this Commission's policy, I vote "yes".
*Mr. Perez: I would like to support the negotiations, but I would like to
have a record, I would like to have a report, a breakdown of the first
thing, are the employees of the Florida Power & Light about Hispanic, about
Blacks, about woman. I would like to have the breakdown of the minority
participation in Florida Power & Light, and also I would like to have before
arrivinb to the end of this negotiation to have a least three contracts that
other cities have negotiated in the last two years in order to have valid in-
formation for the future, but I vote yes.
*Mayor Ferre: Yes, and I think those are very good recommendations, Com-
missioner Perez. In other words, I think we have to compare what Florida
Power and Light has done with other cities, so that we are not too far away.
I wouldn't want to end up on the short end of this thing, and I think that your
requests are very reasonable, and Gus, I would recommend to Florida Power and
Light that you really set up a ... I don't mean to interfere with the negotia-
ting process, but I think a little bit of communication and information should
go between Florida Power & Light and the members of the Commission on these
specific issues and I think that I would recommend that you set up meetings
with members of the Commission and explain some of these very important points
that are being brought out. I vote yes.
AFTER ROLL CALL:
Mr. Plummer: It is my understanding so that I am misinformed.... Mr. Manager
that you will forward a report to this Commission on every negotiating meeting.
Mr. Gary: Yes, sir.
Mr. Plummer: Thank you.
7. DISCUSSION ITEM: PLIGHT OF NICARAGUAN PEOPLE IN THE U.S.
Mr. Perez: Mr. Mayor, we have here a councilman from Sweetwater. Tony Durant.
I would like to support the recognizing of Dr. Orlando Montenegro in
recognition for Nicaraguan politican asylum, but would it be possible that I
introduce a motion trying to support the difficult legal establishment of the
Nicaraguan people in order to try to approve a resolution from the City of
Miami.
Mayor Ferre: I think it is fine and I am willing, and I am going to vote with
you, but we have set up rules and regulations, Commissioner Perez..
Mr. Perez: Yes, but that is a courtesy matter, we have a councilman from Sweet-
water...
Mayor Ferre: Alright, the Commission has long had an established policy - am I
right, Mr. Plummer?
Mr. Plummer: Yes. 28
MAR 11 19on
8r.
0
Mayor Ferre: That whenever an elected official shows up .... elected officials
are very busy people, so that...
Mr. Plummer: Extremely, and underpaid.
i
Mayor Ferre: And underpaid, so as a legislative courtesy, unless somebody has _
an objection to this, one of the things that the Chair will always do in fol-
lowing City of Miami policy for many, many years, is recognize elected officials,
so I will recognize an elected official, the councilman from Sweetwater. _
Mr.Tony Durant:Mayor, Commissioners, ladies and Gentlemen, thank you, Demetrio Perez
for inviting me here tonight. I am here in behalf of the Nicaraguan people who
was brought to me by Dr. Orlando Montenegro, the necessities, the problems
the Nicaraguan people are having in this country right now. The problem is the
status with which they are confronted.They don't have any legal status at all.
They go to school, they have small children and they go to school, they are not
like the rest of the refugees. They force them to pay a full amount of money
when they go to ask to enroll in any program and they don't have any money. So,
looking at the kind of people that the Nicaraguan people are, they are decent,
hard working people, I have been the sponsor in the City of Sweetwater of a reso-
lution. The resolution was written to the President of the United States, Ronald
Reagan and the State Department, if it is possible that the Nicaraguan people
would have a permanent status in the United States, so I spoke to the City of
Hialeah and I think the City of Hialeah is in favor of doing the same like we
are doing in Sweetwater and I am appealing this council here today to see if
they can make a resolution in behalf of the Nicaraguan people, to adopt a reso-
lution that will benefit 50,000 Nicaraguans that are living in Florida and they
will be very grateful. They will be very grateful to all of us that initiate
that for them to help them. Thank you, very much.
Mayor Ferre: Alright, are we ready for a motion?
Mr. Perez: Yes, as I introduced a motion one time in favor of the Haitian
refugees, I would like to introduce a motion to express our concern to President
Reagan in order to grant permanent status to the Nicaraguans in the United
States.
Mr. Carollo: Second the motion.
Mayor Ferre: There is a motion. Is there further discussion? Alright, call the
roll on that motion.
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 82-203
A RESOLUTION STRONGLY URGING THE FEDERAL GOVERNMENT GO GRANT
PERMANENT STATUS TO THE NICARAGUAN REFUGEES LIVING IN MIAMI AND
OTHER PARTS OF THE UNITED STATES WHO HAVE BEEN FORCED TO FLEE
THEIR HOMELAND AND COME TO THE UNITED STATES DUE TO THE POLI-
TICAL SITUATION CREATED BY THE TOTALITARIAN AND COMMUNISTIC
GOVERNMENT OF NICARAGUA, SAID PERMANENT STATUS LEGITIMIZING
THEIR RIGHT TO WORK AND PURSUE A NORMAL LIFE IN THE UNITED
STATES, FURTHER DIRECTING THE CITY CLERK TO FORWARD COPIES OF
THE HEREIN RESOLUTION TO PRESIDENT REAGAN AND TO THE HEAD OF
THE U. S. IMMIGRATION AND NATURALIZATION SERVICE.
(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.
9-9
8. BRIEF DISCUSSION AND DEFERRAL OF ISSUE I11 CONNECTION WITH
SAPIITATIO11 WORKILRS' LACK OF PROPER RAIN GEAP. FOR
INCLtNENT VISATHER. '
Mayor Ferre: Item "C", which is the workmen's lack of proper rain gear.
Commissioner Carollo requested that this be put on the agenda. Commissioner
Carollo.
Mr. Carollo: Mr. Mayor, what I would like to do is to defer this item for
this afternoon to give the employees of the Sanitation Department the oppor-
tunity to come to the Commission and speak before us.
Mr. Plummer: Move on "B" or "D"?
Mr. Carollo: In fact, since we do have an extremely long meeting today, and I
feel that this is such an important item to those employees, that I don't think
are getting the same benefits the other employees in other departments are re-
ceiving, I would like to defer this item, Mr. Mayor, for the afternoon of the
next Commission meeting, to make sure that we could have here representation
of the Sanitation Department and Employee's Union to speak before this subject
here.
Mayor Ferre: Alright, I don't think we need c motion to defer, since this is a
request by you. All you need to do is request it again, whenever you want, and
you have just done that.
Mr. Carollo: Mr. Mayor, I would like it in the afternoon, after 4 P.M., the
next regular Commission meeting that we have
Mayor Ferre: Mr. Manager, is there any further discussion on Item "C"?
AT THIS POINT THIS ITEM WAS DEFERRED.
9. AUTRORIZE CITY MANAGER EITTER II1TO AGREEMENT WITH RONALD FRAZIER
6 ASSOCIATES -PROFESSIONAL Sc:LVICLS-DESIGII OF PROPOSED WEST
COURTYARD ROOF PROJE.CT-DINNER REY E,=IBITIOI.1 CEIITE^..
Mayor Ferre: We are now on Item "D", which is the West Courtyard roof of
Coconut Grove. Mr. Manager?
Mr. Gary: Mr. Mayor, sometime now, the City Commission, as well as the
Administration has been concerned, as well as the hotel people, and the
people who like to put on seminars in the City of Miami about the construc-
tion of a roof at the Dinner Key Exhibition Center. There was some question
with regard to the cost of providing such a facility and at a later time there
was a concern about the time frame. The City Commission directed the City Ad-
ministration to solicit bids for providing a design and construction contract
and we have at the last City Commission meeting, this City Commission authorized
the City to negotiate with Ron Fraizier and Company to do the design and con-
struction with the idea of determining two things; the first being the pri-
mary concern, and that is the cost of constructing the courtyard roof. The
second is the time frame in which it would take for us to complete the construc-
tion. I would like to add at this time, that the people at the ASTA convention
who are interested in utilizing that facility for exhibition space in the month
of October when they hold their convention are concerned that if the deadline
cannot be met prior to the convention and the deadline of constructing the new
courtyard roof, that they would prefer the continuation of the tent facilities
so that they would have space adequately enough to provide their exhibition;
therefore, it is important, once the bid comes in, that we specifically identify
what can be done within what period of time, so we can determine whether or not
we proceed with the new construction or continue to utilize the tent. At the
last meeting, you authorized me to enter into an agreement with Ron Frazier
and Company. That is one of the items scheduled and you also directed me to
have Mr. Frazier come before this Commission to answer questions that they may
have. Mr. Frazier is in the audience to respond to any questions that you may
have. We also have the Public Works Department 'sere to respond to any concerns.
Mayor Ferre: Alright, my Frazier? We have got a very important decision to make
on this because of the impact on the two decisions. I mean, whether -to doli1t ��
all? 30 1
Mr. Plummer: Mr. Mayor, I think there is two decisions. First, you know, as it
relates and the most important thing that we see coming down the pike is ASTA
and you know, first of all, we are talking about building this for the purposes
of accomodating ASTA, butyet we find on the same agenda, an item for waiving of
the fees and a request of �-90,000. I think we have got two important decisions.
Mayor Ferre: Well, let me stress that whether or not the ASTA issue impact$ on
this - I am going to reverse it. This impacts on ASTA, but ASTA does not impact
on this. In other words, whether or not we have ASTA, this has got to be done.
The only question is, whether or not it is going to be done quickly, or whether
it is going to be done after the ASTA Convention.. That is the only thing that
I think we have to decide here.
Mr. Gary: Mr. Mayor, if I may..
Mayor Ferre: Yes, sir.
Mr. Gary: If I may add, it is important, based on my discussions with the Public
Works Department as well as your previous conversations, it is going to be very
difficult for us, first of all, to determine what the cost is and secondly, the
time frame, because we haven't received the bids, so it appears that this first
phase is really an investment phase, in terms of trying to get answers to those
questions that we have not been able to answer up to this point.
Mayor Ferre: Okay. Alright, Mr. Frazier?
Mr.Ronald Frazier:My name is Ronald Frazier, and I am president of Ronald E. Frazier
& Associates, Architects and Planners. My understanding of my presence here
today is to number one, to illustrate to you a time schedule based on a completion
date which you have set and an advertisement that was out for this project, and
two, to illustrate to you what you can get for the amount of money that has
been budgeted. That is my understanding for being here today. You advertised
for this project sometime in January, and it is was for to put a roof on the
outdoor courtyard, the west courtyard of the Exhibition Center. The program,
as I understand it, includes putting a roof on the courtyard, providing air .
conditioning, providing electrical service. That is the basis of the program.
Okay? There was a budget, total budget of $750,000 allocated for the project
which includes the A&E design fees, and any City Administration fees, and that
the completion date is October 1, 1982. The first thing that I did, and as you
can see on that chart, is, and I want to remind all of you that I did this in
the proposal that was submitted for this job - I just didn't work this out -
this was in this proposal that was submitted for this job, and it was also
done in a summary fashion, which your Public Works Director has. Prior to sub-
mitting on this job, I did research and talked to some steel fabricators and
some other people to find out whether or not, what you were talking about was
feasible, or possible, even before I submitted a proposal on this project.
Second thing that I would like for you to understand is that the team that I
put together for this project is tri-ethnic, and it is representative of the
City of Miami. I am the Black representative, because I am the architect; I
have an Anglo structural engineer and I have a Latin mechanical -electrical
engineer. I don't know whether you know that as part of the record, but I want
that to be on the record. First thing we did was look at the schedule. The
schedule is October 1, 1982 for occupancy. We talked to some fabricators and
some contractors - this was over the last week or so, and it will take approxi-
mately four weeks - not four weeks, four months - construction time. That is
the bare minimum it will take to put a roof on top of that. So, the first
thing we did was to back out four months. We looked at how realistically
it would take to bid this project - the minimum time, and to analyze the bid
and for this Commission or the Administration to sign a contract with a con-
tractor. The minimum amount of time for that is three weeks. So, that leaves
eight weeks for the A&E to design this facility. Now, based on this advertise-
ment, we are supposed to start, or whoever was selected was supposed to start
on February 15th. It is now March llth, so the original twelve week time frame
that we had set up in our proposal is now eight weeks. We took that eight weeks
and we broke down to what we figured realistically things could be done. We
knew that we could do the drawings, the final working drawings and specifica-
tions in five weeks, which would include a certain amout of overtime. So, we
took the five weeks out of the eight and that left three. We figures it would
take one weeks to review and coordinate all of these plans, set it up for bid
advertisement, go through the Building Department, get the building permits
set up, all of that. That knocks off another week. Because of the nature of
the project, there is not that much time to expend on design. There is only a
week allowed for that, and that is strictly to set up the analysis as to whether
31
Mr. Frazier: (con't) the steel structure that we are leaning to is more
appropriate, or vinyl -coated or teflon, fiberglass and all that situation.
We have narrowed all those options, based on what fabricators can do within
l a four month period, which leaves one other week, and that week is for
serving an investigation of existing conditions, and I am backing through it
so that you can see how we arrived at this schedule. Our reviewing the build-
ing, code and its requirements - now there are some things that this Commission
is going to have to deal with when it relates to the building codes and re-
quirements based on that facility and what we have to do, which is to be a
responsibility of this Commission. But, based on that, this schedule...
Mr. Gary: Ron, there is a mike over here. A mike, ,yes.
Mayor Ferre: Well, Mr. Frazier, let's get to the bottom line.
Mr. Frazier: I am getting to the bottom line, but I want to go through this
procedure because.... -
Mayor Ferre: I understand, but I want to come to a conclusion. Are you recom-
mending that it can be done, or it cannot be done?
Mr. Frazier: I would prefer to go through this analysis, because I want you to
understand all the background information.
Mayor Ferre: But you see, if what you are recoranending is, that it cannot be
done, then I think that we could cut through an awful lot of time and save you
and us time. If you recommend that it can be done, then I want to hear the full
details of what you are going to say.
Mr. Frazier: It can be done.
Mayor Ferre: It can be done. Okay, go ahead, let's go through it then.
Mr. Frazier: Alright. Now, the next item - can we go to the next item? -
Mayor Ferre: What is wrong with this mike.
Mr. Gary: He wants to get it in front of his chart.
Mayor Ferre: Oh, I am sorry. There is a portable mike, right there. Take it
over to him so that he can.... thank you.
Mr. Frazier: I know this exercise might seem tedious, but we had to do this to
satisfy ourselves, that in fact, it could be done, because if I put my name on
the dotted line, that means I do it within schedule.
Mayor Ferre: Okay, I understand.
Mr. Frazier: We put this box altogether to show you time and dates. We are
saying that if everything goes ahead and the project can start on the 15th, we
are prepared to start today, but we are using that kind of time -frame. So,
from the 15th through May loth will complete all of the design phases. The
project will then we awarded, put out for bids for two weeks and then allow
one weeks to analyze the bids and then sign a contract with the contractor,
which means that the contractor can start construction on May 3, 1982. It
will take him two weeks to do whatever is necessary in the foundations, on
and another three weeks to set up the foundations and it
will take generally eleven weeks of general construction; that is for structu-
ral, air conditioning and electrical. He has to complete this project by
September 16, 1982, that is substantial completion date, which would allow
us two weeks, or allow the contractor two weeks to complete any punch
item, because occupancy starts October 1. Now, the contractor will have to
know that, up front in the bid specs, that this his completion date and he
will have to know some other things as a guarantee when he bids it. Now, in
terms of budget, we looked at the funds that the City had budgeted, a total
of $750,000. We were told by the Public Works Department that $38,500, taken
out of that, which is the City's portion for its Administraiton and what have
you, the consulting A&E fees for the design is $82,500, construction ad-
ministration is going to run somewhere around $17,500, which leaves the magic
number of $611,500 for construction. That is the amount of money for hard
32
MAR 11 192
Mr. Frazier: (con't) construction. We broke that down into what we had to do
based on program requirements, and we talked to some independent contractors
just to get some estimates, and these are estimates. I am not a contractor; I
am an architect. Structural will 'run $250,000, which would include a steel
structure; we are talking steel at this point with this figure, any vertical
supports and foundations. The electrical, which includes lighting, perimeter
wall boxes, and ceiling box cables, $112,000. Mechanical, we are talking air-
conditioning, which is going to be roughly somewhere between 100 and 130 tons
of air, $140,000, and the basic architectural, which is the roofing, the door
entrances, enclosed wall painting, $109,000. So what you get, is a basic
structure, a shell. Items that are not included in that cost, which is not in
the program, is the ground floor concrete slab; there are no toilet facilities.
and I must tell you that we researched the code and the code says we must put
toilet facilities in there, but that is not a part of this program. It is not
a part of those dollars. Finished drop ceiling, movable walls and permanent
storage area. It is'going to show that you can build a certain amount of
things at this level.
Mr. Gary: Okay, Mr. Frazier. I think basically, what Mr. Frazier is adying,'
based on the information that he has now, Commissioners, is that he.thlnks It k`
can be done, but the key point here, and that is what you have directed us to
do, is to hire an architect and an engineer to design and go out for bids,
whereby at that point you will receive your answers.
Mayor Ferre: Very good. Are we ready to go on that now?
Mr. Plummer: Well, you know, I only have one problem. I am willing to vote
favorably on the motion, but I don't know how in hell this Commission can vote
on something in violation of its own code.
Mayor Ferre: Tell me what that is.
' Mr. Plummer: It is so stated right there. No toilet facilities. Are they going
to eliminate the serving of beer? No, I mean all kidding aside. You know, it
_ is staring you right in the face that we are building a structure that does not
meet our own code.
Mayor Ferre: No, no. I think what he is saying is, that ground floor concrete
slab, toilet facilities that are required by code, finished drop ceilings,
movable walls to subdivide space and permanent storage areas are additional
items other than the $611,500. Now, so this Commission will have to make a
decision, because these have to be...there is a base bid on this, and then there
will be some additional items that will be bid.
Mr. Plummer: But, there is no dollar figure set on them, Mr. Mayor.
Mayor Ferre: Because he doesn't have those developed. The question is, and in
my opinion we have no choice but to proceed, and I think what we need to do is
to tell Mr. Frazier to proceed with his architectural drawings, get ready for
the bid contract award on 5-10-82 and...
Mr. Plummer: So moved.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 82-204
A MOTION OF THE CITY COMMISSION AUTHORIZING THE CITY AD-
MINISTRATION TO INSTRUCT MR. RONALD FRAZIER TO PROCEED
WITH HIS ARCHITECTURAL DRAWINGS IN CONNECTION WITH THE
PROPOSED WEST COURTYARD ROOF PROJECT, ASKING THAT HE
GET READY FOR THE BID CONTRACT AWARD ON MAY 10, 1982,
AND REQUESTING THAT THE CITY MANAGER KEEP THE COMMISSION
INFORMED AS TO DEVELOPMENTS.
Upon being seconded by Commissioner Dawkins, the motion was passed
and adopted by the following vote:
9
A
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plunmmer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
AFTER ROLL CALL:
Mayor Ferre: Is there anything else, Mr. Frazier?
Mr. Frazier: I want the Commission to be aware of this, and I have talked to
the Director of Public Works, and this is not out of order, or anything like
that. I want the Commission and Staff to know that because of the time frame
of this job, we need complete cooperation.
Mayor Ferre: You haven't had that?
Mr. Frazier: That is not what I am saying. We haven't started the job yet,
what I am saying is that we will need complete cooperation.
Mr. Gary: Let me cut through here. What he is saying is that he is going to
need our Public Works Department and our Building Department to work closely
with him on day to day basis.
Mayor Ferre: Who is the head of Public Works?
Mr. Gary: Cather. We will do that.
Mayor Ferre: Mr. Cather. Who is the head of the Building Department?
Mr. Gary: Salman.
Mayor Ferre: Is he here?
Mr. Gary: No.
Mayor Ferre: Mr. Cather, are you going to cooperate with Mr. Frazier? Mr.
Cather, do you work for the City Manager? (inaudible response) Is he the boss?
(inaudible response) Ee is, and his name is Iloward Gary, right? Now, Mr. Frazier,
do you know Howard Gary? Do you have any problems with talking to Mr. Howard Gary?
Mr. Frazier: No.
Mayor Ferre: Do you have his home number?
Mr. Frazier: I can look it up in the phone book.
Mayor Ferre: Well, would you get his home number, and if you have any problems,
why don't you call up Mr. Howard Gary and this Commission authorizes you to
call him up at any time at night, Saturday or Sunday. Okay?
Mr. Carollo: If you can get a hold of him.
Mr. Plummer: Not before midnight.
Mayor Ferre: Alright now, do we have any other problems?
Mr. Plummer: Mr. Mayor, it is...
Mayor Ferre: Mr. Frazier hadn't finished.
Mr. Frazier: There was another item that I wanted to speak to that was later on
in your agenda, but I will probably be gone, because I have a 12:00 o'clock
meeting and it deals with Commerce & Trade. I want to leave these two documents
from the Miami -Dade Chamber of Commerce, because we are in support of that and
you have not seen these. I have two copies; I will provide the Commission with
others, but I just wanted to leave that.
Mayor Ferre: This is what issue now, Mr. Frazier?
Mr. Frazier: Last item.
Mayor Ferre: Oh Trade & Commmerce,Okay.34
�.j
Mr, Plummer: It is in order that I move Item 31, with 1 assume, the figure of
$82.500. and Mr. Gary will have tb say what fund it is coming from.
Mayor Ferre: Is this in relation to this item?
Mr. Plummer: Yes, it is Item 31.
Mr. Gary: It comes from the Capital Improvement appropriation that you made
for the west courtyard roof.
Mr. Plummer: I so move Item 31.
Mayor Ferre: Alright, further discussion?
Mr. Carollo: What is the total amount that we are going to spend on this whole
project?
Mr. Gary: $750,000, which you have appropriated, Commissioner Carollo, but we
are not going to spend all that, because we have to come back to you in order
to award the bid for construction, so you are only authorizing him to spend
the money for the design of the roof.
- Mayor Ferre: Alright, call the roll on this item.
The following resolution was introduced by Commissioner Plummer,
who moved its adoption:
RESOLUTION NO. 82-205
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE-
MENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN THE
CITY OF MIAMI AND RONALD FRAZIER AND ASSOCIATES, INC. TO
PROVIDE PROFESSIONAL SERVICES FOR THE DESIGN OF THE PROPOSED -
"COCONUT GROVE EXHIBITION CENTER - WEST COURTYARD ROOF" WITH
FUNDS THEREFOR ALLOCATED FROM THE CAPITAL IMPROVEMENT FUND
(ORDINANCE NO. 9353, SECTION IX.B. (1)17.).
(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
Mavor Maurice A. Ferre
NOES: None
ABSENT: None
THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS
at 11:15 A.M., reconvening at 11:30 A.M. with all members
of the Commission found to be present.
11. DISCUSSION AND TEMPORARY DEFERRAL OF A.S.T.A. REQUWI FOR
USE OF COCONUT GROVE EXHIBITION CENTER AND CONVr iML ION
(SEE LABEL 13)
Mayor Ferree The ASTA request to use the Coconut Grove Exhibition Center. Mr.
Managers the Chair recognizes...we are in session now, we have a quorum here,
please take your seats. Alright.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: As you know, we have the .. we are fortunate to have the ASTA Conven-
tion come to the City of Miami on October 10th through the loth, which is going
35 MAR 111982
Mr. Gary: (con't) to be housed in our new conference and donvention center.
And, as part of that convention, the ASTA representatives, or the ASTA organiza-
tion has asked to utilize the conference convention center and has requested
funding for that in a number of things which are in your package. The funding
that they are requesting is $909000. It is for the usage of James L. Kt►ight
Convention Center to pay the rent; the usage of the Coconut Grove Exhibition
Center also for the rent; additional police security during sensitive times
during the convention, and an increase in the sanitation services that we have
provided in the downtown area so that we can make sure that we continue to keep
a positive image of the City, as well as to take care of the sanitation needs
of the increased activity as a result of the conference. The City Manager has
recommended this in view of the fact that it is going to bring $26000,000 to
the City plus, it is going to be a positive image for the City as well as a
positive image for our new Conference and Convention Center.
Mayor Ferre: Alright, questions now from members of the Commission on Item
"E", which is the ASTA request.
Mr. Carollo: Who are the official representatives that we have here from ASTA?
Mayor Ferre: Do we have anybody here from ASTA? Alright.
Mr. Vendi: My name is Joseph Vendi. I am the president of the Greater Miami
Host Committee, and I live at 6750 S. W. 122 Drive. I would like to introduce
Mrs. Lynn Fensterer, who is the ASTA Congress Chairwoman.
Mayor Ferre: Alright.
Mrs. Fensterer: I welcome this opportunity to speak to you today, on behalf of
ASTA, the American Society of Travel Agents. Much has been said here this
morning about the importance of the ASTA Convention to Miami, but with your
kind permission, I would like to emphasize a few of the things that ASTA can
and will mean to the City of Miami and the State of Florida, your surrounding
communities and the importance of tourism as a future product of your area.
ASTA is the world's largest trade organization, with 18,000 members, and perhaps
the name ASTA is a misnomer, because indeed, we are an international society of
Travel Agents. 40% of our membership is made up of international members from
over 128 different countries. This annual meeting is the most important event
in the world of tourism for ASTA is the voice of tourism world-wide, and the
significance of ASTA and an ASTA convention coming to your community will go
far beyond the 16th of October, which is our closing session, and will bring
you benefits that will be inestimable for many years to come. You heard this
morning, references to appropriations to expand the facilities at Coconut Grove,
one which ASTA will be proud to inaugurate the usage of the new area, but on('
which will enable Miami, in the future, to be on target with other cities that
host major conventions of a similar nature. Indeed, our members who come here
are the purveyors and the brokers of such travel, not only in the United States,
but world-wide. Each city or country who has hosted an ASTA Convention in the
past, has seen innumerable benefits in the immediate increase in tourism
to the area, but further along the line, conventions, meetings, and other busi-
ness that comes behind ASTA for many, many years. Our last year's convention
was held in Honolulu, an area that was, indeed, as your own, suffering from a
decrease in tourism, and I am happy to report that today Honolulu is one of
the few areas in U. S. tourism that is on the upswing, and ASTA indeed, takes
credit for a great deal of that. The importance of the people that we will
bring here to you, many of them are retail travel agents, owners and managers,
not only in the United States, but also world-wide. But, our allied membership
represents the major airlines, railroad, hotels, tourism, government offices,
tour operators, car rental firms and on and on ad infinitum of all of the seg-
ments that tourism encompasses. ASTA has always, and I emphasize, always, held
itself above all social, economic, political and religious boundaries and in-
deed, espouses the free access of tourism to all the peoples of the world. And
you will see, when our delegation comes to Miami, that we indeed represent all
of the world of travel and tourism, which will, in a very short time, be the
world's major export and product. The importance to your community, as I said,
is inestimable. It is the most prestigious convention and trade organization
show in the world, and we are very, very happy to contract with the City of Miami
and the other host entities that make up the Great Miami Bost Committee. ASTA
has requested the assurance of certain things. One is the availability of the
necessary facilities. The new Knight Center we are looking forward to inaugura-
ting and I believe that when ASTA leaves here, it will have been the dawn of a
36 hIA(
1 98CI
i
Mrs. Fensterer: (c ) era of tourism for South P#tda. The importance of
the roof on the Coca 4t Grove Exhibition area to us is to insure that all of
our trade exhibitors have equal facilities. We require a full 1000000 square
feet of exhibit show space. And I would like just to emphasize, Gentlemen$ the
utmost importance that that construction is ugdertaken, be completed by the time
that ASTA arrives. There could be no greater disaster than to have construction
and...
Mayor Ferre: Ma'am, in the interest of time, because we are breaking up in ex-
actly 18 minutes, alright? And in the interest of time, that is fine, and
please believe me that we will have it finished. The Convention Center will
be finished; I have assured you that in the past. Now you know, I am stic►ting
my neck out on this, but I believe that it will be. This space back here, if
we can't finish it in time, we will put a tent. It won't be as nice, but you
will have 100,000 sq. ft. '
Mrs. Fensterer: That is the assurance that we....
Mayor Ferre: And we all understand that ASTA is not only important, but it is
the most important convention that this community has had in the last 10 years
and probably will have in the next 10 years.
Mrs. Fensterer: Mayor, you said it far better than I could.
Mayor Ferre: So, in other words, we understand the point. There is also, a great
deep, philosophical concern and we are not getting ourselves involved, please do
not misunderstand, in the foreign policy of the United States. Now, the United
States has very specific policies; however, there is a letter here from Mr.
Vendi. And Mr. Vendi, in my opinion, and I don't know whether he was aware of
what he was getting into, but I think Mr. Vendi, who lives in Miami, should be
aware. I am kind of surprised that anybody who lives in Miami would be - and
you will please forgive me - as insensitive as this letter shows in a very, very
major issue that affects three-quarters of a million people that are living in
this community. It directly affects them, including people who work at the hotels
and what have you. And I am now referring to Item No. 3. It says, "Police
security at sensitive meeting points, particularly where members of the Cuban
tourism mission and the Soviet Intourist Bureau are known to be present. Now,
I don't think it is any surprise to ASTA that this community has a reputation
for being rather strenuous, and I am trying to be objective and to low key my
words, in its objection to the presence of official Cuban Government officials
here. Now, it is my personal position that the United States does not recognize
Cuba, and there is a reason for that. Now, it recognizes other countries, but
it does not recognize Cuba. And in the same way that we are taking very still
positions with Libya, and with the P.L.O., for example, alright, the United
States has taken very stiff positions with Cuba. At the present time, the Cuban
Government is unquestionably involved in interfering in the affairs of other
countries and is wagering war, if you will, on a poor and very distressed
country in Central America, which is directly affecting the interest of the
United States. The President himself has spoken out on this. The Secretary of
State, the New York Times, Washington Post and Miami Herald front page stories
of the past two days, with photographs of the interference and intervention of
Cuba, in the affairs of Nicaragua, of San Salvador, and I think you must under-
stand, that if you bring to ASTA a delegation of Cuban tourist agents, that
there is no way in God's world that the City of Miami, Metro, the State of
Florida, the FBI and the United States Armed Forces, jointly or severally
can guarantee the well-being and safety of those people who come here. And
as a matter of fact, they are not welcome here, so I think you have got to
understand, and I am sure you did understand when you made your decision about
Miami, that Miami has a lot of great things going for it - great hotels, great
services. The Legislature yesterday, as you know, passed an appropriation of
$250,000 for you. We want you here. We want you desperately. We know how
important you are. But, you have got to recognize the limitations and con-
atraints, you know, that come along with this community. Now, everybody has
a different makeup. This is one of the things that makes up this community.
I am sure that you were aware of it before you came here. You read newspapers,
and you are informed people, so you know how we feel about these things.
Mrs. Fensterer: May I speak directly to that, Mr. Mayor?
Mayor Ferre: Please do.
37
lv ,1R 11982
ra
Mrs. Fensterer: The letter that you refer to, I believe I should clarify.
The letter is Written on behalf of the ASTA Host Committee. Indeed, the
letter should have been phrased that it was written on the behalf of the
Greater Miami Host Committee.
Mayor Ferre: Well that's...
Mrs. Fensterer: Mr. Venti represents the Miami Host Committee, and not ASTA.
Mayor Ferre: Well, I think that ie a very important clarification.
Mrs. Fensterer: That is a very important clarification. The rest of what I
was going to say, is that the three requisites for ASTA coming to the City of
Miami, included a request that we would have assurances of personal well-being
and welcome for all of our delegates. We never specified that any such dele-
gation would come from either Cuba, the Soviet Union, or any other country.
Indeed, we mail registration forms to our entire membership. However, at
this particular point in time, there is no assurance that there will be any
attendance by either of those countries. It has been a possibility and I know
that you had a team out in Honolulu. We did have attendance at last year's
conference.
Mr: Carollo: Mr. Mayor, if I may, there is some further evidence that I would
like to introduce concerning members of Communist Cuba that will be coming.
In an article written in the Miami News, where they interviewed an individual
representing International productions in Jacksonville, it states that they are
making arrangements for t}• fair and representatives from Cuba, promoting
tourism, will be at the fair. This is dated March 5th.
Mrs. Fensterer: Mr. Carollo, the registration forms for the trade show, which
is where those representatives that have participated in the past, were mailed
last week, and as of now, we do not have any record of such attendance.
Mr. Carollo: So, you do not guarantee to us if representatives from Communist
Cuba, or the Soviet Union are coming.
Mrs. Fensterer: I could quote you statistics from last year's convention in
Honolulu. We had a total of four Cuban registrants.
Mr. Carollo: From Communist Cuba?
Mrs. Fensterer: Representing a firm called Cuba Tours, one registered to an
address from Toronto, Canada, not to Havana. And, also additionally, we had
three people from Intourist. Now, there is no assurance that those people
will attend in the future.
Mayor Ferre: I hate to do this in the middle of this very important discussion,
but I have a note here from Professor Freilich, who says he has to catch a plane
and will not be able to be here for the afternoon session. He is Item No.
He thought that it would come up in the regular course, and that is why he
didn't speak up before, but now that he is getting close to the noon hour, he
flew down from Washington to be with us and he is beginning to panic, and so he
wrote me a little panicky note here, and could he please have five minutes before.
So, if you will forgive my interrupting the proceedings here, and if it is
with the other members of the Commission, out of courtesy to Mr. Freilich, I am
going to recognize you on Item "H" for 5 minutes.
AT THIS POINT THIS ITEM WAS MOMENTARILY DEFERRED.
12. PERSONAL APPEARANCE: PROFESSOR FREILICE I14RE OVERTOWK PARK
WZST P.^.OJZCT PLOPOSED IMPACT FZZ ORDINAPCZ.
Mr. Freilich: Thank you, your Honor. I did not speak up this morning, because
I did want you to follow your regular agenda and pursuit. At the meeting that
this Commission had last month, you had before you an Impact Fee Resolution
for retention of our services with regard, and in connection with the City
Attorney's Office, and Mr. Mayor, you suggested to the City Attorp,,yLtlat ��W�
Mr. Vreilich: (con'T:) you would like to have an opportunity to meet with
Professor`Freilich, you said, at the meeting, and to you know, answer any
questions and I have come down not just for that purpose, but also I have
been working with the City Attorney on the Impact Fee Proposal, but I am
available to you now, and I can give you a very, very short, and brief
synopsis of what we hope to do with this particular proposal, and hope that
that will satisfy you.
Mayor Ferre: Are you talking just about the Impact Fee?
Professor Frelich: Correct.
Mr. Plummer: Well, that is not Item
Mayor Ferre: What is confusing is that Item "H" it says discussion on
Overtown.
Mr. Freilich: Yes, included within the Overtown/Park West concept, which we
have also been working on, was the concept of developing the..
Mayor Ferre: I thought you were here on Item "I", which is the procurement
policy.
Mr. Knox: No, that is another individual. This is Professor Freilich from
Kansas City who is working on the Impact Fee question.
Mayor Ferre: Oh, oh. I am sorry. So, you are here on Overtown-Park West..
Mr. Freilich: and Impact Fee, correct.
0
Mayor Ferre: Let me tell you what part of the problem is, so that Mr. City
Attorney, you are informed. The Senate of the State of Florida has passed a
documentary stamp increase that is very important to all of us. The City of
Miami will be getting substantial amounts of money from that, and Dade County
will. The way the bill was written, it deals with housing; it deals with
transportation and it deals with stadiums and convention halls and exhibition
halls. Now, it is to be before the House Committee, and it is moving very
rapidly. One of the things that that bill has, it says that any city or
county that accepts these monies cannot have Impact Fees, so what they are
doing is, they are cutting us off at the pass, and what they are saying is,
you either have one, or you have the other, but you can't have both. Now,
I don't know what this Commission is going to vote. I can't preclude what is
going to happen, but when there is three or four million dollars a year at
stake, I have strong suspicion that we are not going to...
Mr. Plummer: I was unaware of this rider that they are placing on there, but
Mr. Mayor, the inherent danger to me is that they are going to control what
our revenue source can be, as if imposed in Impact Fees, we control what the
Impact.Fees are.
Mayor Ferre: J. L., I am not precluding how you are going to vote on this,
but I am just, out of fairness to Professor Freilich, and to City Attorney,
Mr. Knox.
Mr. Freilich: I think I can address part of this question. I think that one
of the reasons that we have been asked to come down here is, I think you
should be aware of the fact that we have worked in cities across the country,
San Diego, Baltimore, Seattle, all across the country. We specialize in the
whole field of land development and finance. We have been working with Orange
County, Sarasota County, on this problem. Impact Fees as such, is a very sus-
pect area anyway in Florida. I think that is why the City Attorney has asked
us to come down and work with them. There are some thirteen cases in Florida,
which twelve have not approved in any form Impact Fees as such. We are going
to work with the City Attorney on this proposal, not just to produce Impact
Fee "the narrow ordinance" which I can zerox from Broward County for $5.00
and send you an Impact Fee ordinance. Our purpose have is to develop a concept
of how can new growth pay for its fair share , not to stop new growtrh -
to accept full growth but to assure that there are adequate public ac�l t es
and that there are adequate financing plans for new growth. That may be
impact fees, it may be special assessments, it may be a combination of what we
call
39
MI AR 1 1 1982
Mr. Freilich (Cont'd)
flexible benefits assessments; there are a number of different techniques
that are used that would not run into any jeopardy with the legislation
which you have indicated. That's exactly why they want us down here.
We can provide you with that flexibility and that ability.... and I want to
say one more thing, Mr. Mayor. We will work, I've promised the City attorney,
we will work with the Development Community to get their imput and to assure
you that we have met with them and so forth on this problem, so that we won't
be any forced solution.
Mayor Ferre: Fine, thank you sir. Is there any action that is needed at
this time, Mr. Knox?
Prof. Freilich: I think the City Attorney does have a Resolution for you.
Mayor Ferre: What is the Resolution.
Mr. Knox: Yes, sir, now Mr. Professor Freilich has not been formally
retained by the City to date because of the five day rule which we
respect; we would like your permission to execute an agreement, bring
it back to you for review for you at the next meeting along with
a Resolution which would formalize your action
Mayor Ferre: How much is this going to cost?
Mr. Plummer: Now much?
Mr. Knox: Up to $30,000.
Mr. Plummer: Not to exceed...
Mr. Knox: Yes, sir, without further authorization from the Commission.
Mayor Ferre: Would you like to make a motion?
Mr. Plummer: So move.
The following motion was introduced by Commissioner Plummer, who moved
its adoption.
MOTION 82-206
A MOTION OF THE CITY COMMISSION AUTHORIZING THE CITY ATTORNEY
TO EXECUTE AN AGREEMENT WITH THE FIRM OF FREILICH 6 LEITNER,
P.C., FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE PRE-
PARATION OF AN OVERALL IMPACT FEE AND/OR FINANCE ORDINANCE
FOR THE CITY OF MIAMI.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None.
ASSENT: None.
H11
BAR 1 1994
i
13. COITMUED DISCUSS1071 A.S.T.A. REQUEST FOR USE OF
( COCO1= GROVE EXLIBITI01? CUTER i CONVE11TIO11 CFSTTER (S=
LABEL 11)
I
Mayor Ferret And now we're back to item # E, and I'm sorry for having
interupted you.
Ms. Fensterer: That's quite all right, Mr. Mayor, you're welcome. In
the interest of time, perhaps I can advance a suggestion. I'm sure that
this is a problem that we all recognize that we can all work together, and
perhaps in developing a team in order to address these problems in a
manner that can be suitable to everyone concerned, we can resolve this
in the best interest of everyone.
Mayor Ferret What is it specifically, Mr. Manager, that you want from
this Commission on this issue now?
Mr. Gary:Mr. Mayor, the Host Committee is requesting that an appropriation
of $90,000 be made.
Mayor Ferret What item is that on the agenda?
Mr. Gary: This is item E.
Mayor Ferret No, but isn't there a specific item other than E?
Mr. Gary: No, it's E.
Mr. Carollo: What is the $90,000 going to specifically. We were given
four reasons here including the police security for the communist Cubans,
and Russians. Where is that money going to, Mr. Manager?
Mr. Gary: It's to pay the rental of the Conference Convention Center.
Mr. Carollo: How much is that going to be?
Mayor Ferre: What is the rental, please?
Mr. Knox: Mr. Mayor, forgive me for interupting, I want to call the City
Commission's attention to a binding provision of our trust indenture
associated with the bonds.
Mayor Ferre: We all understand that, we have no other way because of the
bond issue, we have to charge, we can also give the money...
Mr. Gary: Give them the money to pay us.
Mayor Ferre: Which is the same. That's a fee waiver, it's a legal way of doing
a fee waiver. The question which Mr. Carollo was asking is how much is the fee.
Mr. Gary: Let me ask my staff, Mr. Mayor, for me.
Mr. Odio: The fees you will decide today is $2,300 a day for the Center
and it's ten days plus the same fee here for the Exhibition Center, so chat
puts it...
Mayor Ferret I tell you what, you want to take it one by one?
Mr. Carollo: That's what I want to do, so it's $20300 a day?
Mr. Odio: Yes, sir.
Mayor Ferro: Is there a motion that the City of Miami Commission give to
the...
Mr. Carollo: No, Mr. Mayor, before we get into motions, I want to discuss
this.
4*
Mayor Ferret Okay. 41 MAR 11 1982
C
Mr. Carollo: So you're saying that the fee for the t. Knight Center be
$23,000?
Mr. Odio: Yes, sir, if you approve the new rates today, it will be $2300
per day.
Mr. Carollo: $23,000. How much is the fee going to be for the Coconut
Grove Exhibition Center?
Mr. Odio: The same rate per day, so it's another ten days.
Mr. Carollo: So that's another $23,000.
Mr. Odio: Yes.
Mr. Carollo: We're up to $46,000. So I would imagine that the other
$44,000 is going to supply police security for a bunch of Communists?
Mr. Gary: Plus sanitation services.
Mr. Carollo: Well...
Mr. Gary: Plus additional sanitation services.
Mr. Carollo: Well, let me ask you this, Mr. Manager, it is my understanding
that the City of Miami Sanitation Dept. is already providing a very adequate
service to the downtown area, in fact, even better than most neighborhoods
including my own, so I don't think that's a valid point at all to include
number four there. T think whatever sanitation services downtown Miami
has always needed, we have provided.
Mr. Gary: Mr. Carollo, I'm sure that the City Administration will
continue to provide the adequate current sanitation services we now
provide.
Mayor Ferre: Do you have any problems with that Mr. Vende?
Mr. Joseph Vende: No, not at all.
Mayor Ferre: In other words, we're going to provide whatever sanitary and
personnel is requested and needed to comply so item 4 I don't think is an
item that has to come up.
Mr. Vende: Since I sent that letter, sir, I'd like to make something clear
that apparently is not clear in that letter.
Mayor Ferre: That might be a good idea, Mr. Vende.
Mr. Vende: Yes, Joseph Vende, 6750 S.W. 122 Drive. Sir, those items in that
letter were meant as samples only of what money goes to, Okay. We have many
items to pay for, we have publicity to pay for, we have transportation to
pay for, we have various banquets we have to pay for, and the money is
going into a fund, that fund is going to pay for the total. I mentioned
some items in there, I did it specifically because I thought the city would
be interested in these items specifically, having the knowledge that the
money expended would be comming back to the city; and that's the only
reason that was done and presented in that fashion. If the city chooses --
Mayor Ferre: All right, thank you very such Mr. Vende
42 MAR 111982
& W
Mr. Carollos Mr. Vende, before you leave I'd like to ask you a couple of
questions. You say it's going to a fund, it's going to include publicity.
Is part of that publicity going to be to promote people that are comming
k from other countries?
Mr. Vendes No, sir. The publicity is geared basically in the Vnitsd -
States for attendance to the convention in conjuction with A.S.T.A.
Mr. Carollos Now, the letter that you sent dated February 22nd, when did
i, you put this letter in the mail, sir?
Mr. Vende: I don't recall.
Mr. Carollo: Was. it shortly after that, or--?
Mr. Vende: I don't recall, air.
Mr. Carollo: Mr. Mayor, what I understand is that
they are requesting $46,000 and it's going to go to usage of the two
convention halls and another $44,000 that they really have no notion
where it's going to go, it's going to go into their pot and they'll
use as they see fit. Mr. Mayor, the main questions that I have, and that
I feel a majority of the people of this community have, have not been
answered here, and that is are representatives from the government from
Communist Cuba and the Soviet Union comming to this convention or not?
That has not been answered. We have been told that invitations have
been sent, they don't know as of yet.
Ms. Fensterer : I'd like to respond to that. But first, Mr. Carollo,
I'd like the record to show that I object to your previous statement that
the $44,000 was to be used to bring a bunch of communists into the city;
I think that is grossly incorrect.
Mr. Carollo: Ma'am, that's not what I stated, and the record is clear
on that, what I was asking was a question of what that money was going
to be used for.
Ms. Fensterer . I believe you used the term a bunch of communists.
Mr. Carollo: Well, ma'am, this is what I understand those individuals
that are running Communist Cuba and the Soviet Union are called besides
some other choice words that the people of this town call them.
Ms. Fensterer . To respond to other question, at this time we do not
know who will register or participate in the convention. As I said, the
total attendance from the two countries that you mentioned at our previous
congress was a total of seven persons out of a registered number of
7,000 plus 2-3,000 support personnel.
Mr. Carollo: Well, ma'am, to be very frank, that's seven more that the
people of this community would like to see come here.
Ms. Fensterer . I understand all of your sensitivities, Mr. Carollo,
that's why I suggested that we work together in developing some suitable
guidelines.
Mr. Carollo: Mr. Mayor, I would like to make some statements, yes, Mr.
_ Mayor, it is a fact that the City of Miami wants to see the A.S.T.A.
Convention come to our city; we welcome you, we really do. It is also
a fact that the City of Miami will profit from the convention. That's
- something that no one here would denyt and no one here is saying that
we do not want you to come to our city, on the contraty, we do want you
here, and we want to make you feel at home as best we can. But there
are some very deep rooted, some very serious issues here of principles,
the same very sound principles that were our founding fathers had in
mind when they founded this great country. It is also a fact, Mr. Mayor,
that the corporations that sold the computers to the Soviet Union that
they use in their SAM missles to shoot down our boys over in 'Nam
and to shoot down the Israeli pilots in the Middle East made quite a few
dollars for the hometown where they were manufactured here in the
United States. They certainly did bring money to those towns that
43 111982
Mr. Carollo: (CONTINUED) manufactured those computers. The same American
corporations that went to the Soviet Union and built for them the largest
truck factory in the whole world also brought a lot of money to their
hometown, to the people that went over there. That so-called truck factory
today is producing scores of Soviet tanks, armor personnel carriers, and
trucks for the Soviet military. The same tanks and trucks and armor
personnel carriers that were used to invades Afghanistan, that are being
used in Poland, and in other countries to repress the people there. Mr.
Mayor, those are two key examples, and I can give many more of instances
where people in this country, or corporations of this country have sold or
given to the Soviet Union and where people profited. I, for one, Mr.
Mayor, feel that the vast majority of this city, the people of this country,
are not happy to see those kinds of profits, and the day that a majority
of the people of this country see it differently is the day that this
country would stop being the great country that it is and a free country.
Mr. Mayor, I can't help but to feel the way I do when I see that on the
one hand, we are all I think, in agreement, to vote down renrPnentativen from
Communist Cuba for reasons that we've all stated here, at the same time
we might feel a little different for the Soviet Union. If that's the case,
and I might be reading the Commission wrong, but what we're saying is that
we're going to tell the servants not to come, but we'll let the masters
come. If we would look at today's statements that appeared on our press
by the Secretary of State, he makes it very clear there who is exporting
terrorism in trying to conquer the world, the Soviet Union and Communist
Cuba. Mr. Mayor, I'd like to speak on behalf, if nobody else will, of
the over 40 million human beings that were murdered by the Soviet Union,
the tens of thousands that are rotting in jails and concentration camps
in that country, the thousands that have been murdered in Cuba by firing
squads, the thousands that have downed in trying to reach freedom in the
Atlantic Ocean, and the other thousands that are rotting in jails in Cuba.
Who are we kidding? These people are only comming to our shores to get
a free soap box to try to brainwash our citizens even more and to take our
American dollars. There is no paradise in the Soviet Union or in Communist
Cuba. Those are living hells. And that is the only word you can use to
describe those countries. Are they going to bring any tourism to us or
bring any financial net gain to us? Certainly not, and even if that were
the case, I think the majority of the of the people of this city would be
against it. How many tourists has this country received from the Soviet
Union or from Communist Cuba? Very few, and that is because those countries
are not free; and the few that have come for the most part, KGB and DGI
agents. Just like the majority of the people that work for those two
governments and their tourism agencies are agents of those countries that
come here for espionage reasons, besides propaganda reasons. Mr. Mayor,
I would hope, I would certainly hope, that this Commission, would make the
right decision, decision that the majority of the people of this community
feel, I respect the personal opinion of every member of the commission and
I realize that it is a very tough decision that we're all going to have to
make here today in the way that we're going to be voting, but Mr. Mayor,
I think that human dignity, human rights, human principles are more important
than dollars.
Mr. Skip Shepperd Mr. Mayor, Mr. Mayor, in response, I'd like to call
on Tony and I want to make a few remarks, but Tony Fernandez, please, and
I'd like to make a few remarks
Mayor Ferre: Mr. Shepperd and Mr. Fernandez, you're entitled and I will
recognize you, I would like to, however, caution both of you, I think
what Commissioner Carollo is stating is a very deeply fast issue of
principle, and deeply felt issues of principles whether you're dealing with
religion, or when you're dealing with family and things like that, or when
you're dealing with political philosophy are really not answerable because
they're things of very deep feeling. Now, for somebody, and I don't know
what you're going to say, and I'm not speaking for you or for you, Skippy,
but I think that if we start getting into the discussion as to how many
hotel employees are going to and how much, you see, I think Commissioner
Carollo has very ably precluded any discussion on that by saying that what
value was it to Cleveland to get a lot of work for the computer companies
that were then used to shoot down American Soldiers in Vietnam; and that's
a very tough argument to argue against, and I don't think that we want to
get into that, and therefore since I think this is a very strong feeling
Z
trapI 'i982
Mayor Ferret (CONTINUED) I think what we ought to do is, we ought to
permit the members of this Commission to express their philosophical
feeling in whatever way and I think we also ought to assure, I hope
A.S.T.A. if it's possible, that within the limitations that this Commission
is going to accept or propose that we move forward in whatever areas we
can come to an agreement on. Those areas that we do not come to an agreement
on, I think, you and A.S.T.A. are going to have to have to deal and deliberate
with it because I'm sure you are aware of the community when you made your
decision and I'm sure there was no illusion on your part that you were going
-� to have Soviet tourists, people doing Cuban tourist promotion going on here
and expect that nothing would happen. I'm sure you are astute enough and
practical enough to realize what kind of a world we're living in and what
kind of a community this is. I'm not justifying anything because to a
certain degree I concur with the statements made by Commissioner Carollo.
Let me express where I difer, O.K., just for the record I don't want to
get into a debate on this issue. In the case of Communist Cuba, the United
�_. States does not recognize that country. The reason the United States does
not and has not is because not unilaterally but as a member of a multi-
national organization, the Organization of American States, it kicked out
Cuba because Cuba was involving itself with the affairs of other countries
specifically Venezuela, in those days; and that was documented proof that
Cuba was kicked out. Now, at the present time, we all know that Cuba is
directly involved in the Central America struggle; and we've heard the
President and the Secretary of State. Now, for us to take a possition
other than that that our federal government takes would be contrary to the
best interest of the United States. We, the Constitution of the United
States, very clearly spells out that foreign policy is a matter that only
the federal government will deal with; and I think that we must follow the
federal government which constitutionally has that right. If the federal
government in its wisdom does not recognize Cuba, and spells out why it
doesn't, then I don't think we can do anything different. In the very
same way that we as American Citizens are precluded from bringin in Cuban
cigars, and those of you who travel to Europe, there's always a box of
Cuban cigars and we're all tempted to buy them because they are so good.
It's against the law. It is against the law. However, it is not against
the law to bring in Russian caviar. Now, the reason why it is not against
the law is because the United States recognizes the Soviet Union, as it
recognizes Communist China, Bulgaria, Czechoslovakia, Yugoslavia, and a
whole series of Communist countries. Now, if we get ourselves in the area
of saying that the Soviet Union, for example, or Communist China, or Bulgaria,
or Rumania are non -grata, then I think we're going contrary to what the
United States' foreign policy is; and there is a distict difference at
that point, and here is what would happen if we go out on that.
I myself have been involved in petitions of Soviet Jewery and we have
committees of Soviet Jewery here in Miami like everywhere else in the
country. I have walked, I have marched, I have protested, I've signed
petitions, I've sent telegrams to the Soviet Union to Chairman Brezhnev
and I have gone on record time and time again protesting the inhuman
policy, the inhuman rights policy of the Soviet Union. Now, that's one
thing, I'm entitled as a citizen to do that; but what I'm not entitled to
do is to use the official position of the City of Miami in trying to
contradict the posture of the federal government that sets foreign policy.
I can do it individually, and I have done it individually, in the case
of the Soviet Union. Now, if we start doing this, what would happen is
this, I have absolutely no doubt that a group of Jewish citizens of Miami
will come out here and say that we declare those Arab countries that are
not friendly to the United States, and not friendly to Israel, as non -
grata and they should not participate. Then we would get a group of
Black citizens who would come and tell us that we should dis-invite the
people , the government of South Africa from being present; and we're
going to get into things that I'm afraid we're not going to have any
control of; and if we do it with one, how can we not do it with another.
If we say no to the Soviet Union, then we have to say no to Communist
China, and then we have to say no to Bulgaria, and no to Yugoslavia, and
Czechoslovakia and Poland, and Hungary, and on and on and on and that's
going to include all of the Arab countries of which there are twenty some
odd Arab countries because of the problems with Israel and several
African countries that there are involved. I think that's going to get
us into something which is going to be a problem for A.S.T.A. So I, for
one am willing to go 100% with the decision of my collegue whom I respect
45
MBAR 111982
s
Mayor Ferre: (CONTINUED) in his posture with regard to Communist Cuba,
with regard'to Libia or any other country which the United States foreign
policy does not recognize. I'm not willing to do it with countries which
the United States, the Reagan Administration, the Republican Administration
recognizes.
Mr. Plummer: Mr. Mayor, it is very obvious you are the speaker at noon,
our new policy is that these gentlemen will be invited back to conclude
this matter after 2 O'clock. I would hope that we're going to appear for
_ that policy. I'm sorry, Skippy, I love you dearly. But we've set a policy
and we've got to stick with it. Hey!
Mayor Ferre: Hey, look, I'm precluded under our new rules from doing this.
Mr. Plummer: That's the new rules. Give me: "I love you dearly."
Mr. Shepperd: You love me dearly, how can you say you love me dearly?
Mayor Ferre: I'm going to move that we waive this policy in this particular
issue today. It's too hot an issue and people are --
Mr. Plummer: Mr. Mayor, I think that is the very reason we ought to take
our break is to let this matter cool down a little bit.
Mayor Ferre: That makes sense.
Mr. Plummer: I think that we ought to sit on this item and think about
it for a couple of hours during our lunch break.
Mayor Ferre: Do you have any problems with that, Skip? All right, we will
reconvene at 2:00 o'clock
THEREUPON, THE CITY COMMISSION WENT INTO
A BRIEF RECESS AT: 12:14 P.M.,
RECONVENING AT: 2:10 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION
FOUND TO BE PRESENT EXCEPT FOR:
Mayor: Maurice A. Ferre
Commissioner- ne-c:rlo Pczez =.
MAR 11 1982
r14.PLAQUES, PRESENTATIONS AND SPECIAL ITEMS
Commendations: To Officers Kenneth Nelson and Jose Seigle as Most
r Outstanding Officers of the Month for the month of
January, 1982.
Plaques and
Commendations: To Angelo Hernandez, Carpenter Supervisor, and
Daniel T. Pilger, Firefighter, as 1981 Outstanding
Employees of the Year.
Certificates of
Appreciation To Officers Willie Bell, Joseph Mitchell and Rufus
Williams, for their assistance to the North East
Improvement Association.
!'t Key: To Mr. Francisco Hanopol, Regional Director of the Ministry
of Local Government, Republic of Phiilippines.
15. RECEIVE, OPEN AND READ BIDS: ALLAPATTAH HIGHWAY IMPROVEMENT H-4474
* This being the date and time advertised for receiving sealed bids
for(Allapattah Highway Improvement H-4474,) the Mayor announced that the
City Commission was now ready to receive sealed bids:
The following motion was introduced by Commissioner Dawkins who
move its adoption:
MOTION NO. 82-207
A MOTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY
MANAGER FOR TABULATION AND REPORT BIDS RECEIVED ON THIS
DATE FOR: CALLAPHATTAH HIGHWAY IMPROVEMENT H-4474
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. Ferro
NOES: None.
BIDS WERE RECEIVED FROM THE FOLLOWING FIRMS:
Garcia Allen Construction Co., Inc. Miri Construction, Inc.
Russell Incorporated Marks Brothers Co., not Inc.
Delgado Paving, Inc. Fro Construction Co., Inc.
Williams Paving Co., Inc. Weekley Asphalt Paving Inc.
D.M.P. Corporation Joe Reinertson Equipment Co.
P. N. M. Corp. Webb General Contracting Inc.
P. J. Constructors Inc.
47
MAR 11 1982
C
fkl
16. CONTINUED DISCUSSION: A.S.T.A. CONVENTION
Mayor Ferre: Ok, we are back to "E", let's see if we can get to this Asta
situation. Can we move along now. Alright, Mr. Sheppard.
4
Mr. Skip Sheppard: I want to preface my remarks to say that I agree with
the sentiments of Commissioner Carollo, because I, too, Commissioner, was
a victim of the communist Castro when he confiscated my hotel in Havana,
Cuba in 1960 and I accepted the treasurer of the ASTA Host Committee and
I for one will not see that any of this money that we are asking for will
be spent for the Cuban or any other communist Country to be spent in communist
communications or anything like that. You have my assurance. I have prepared
a document here of the budget of where the monies will be spent and I would
like to pass it out amongst you. And also, I have prepared a resolution
recommending this resolution to be adopted by the City Commission as if you
so see fit.
Mr. Carollo: Skip, can you read that budget that you h. a outlined on the
record please?
Mr. Sheppar: The proposed budget, the breakdown is the Coconut Grove
Exhibition Center for ten days is twenty-three thousand; the James L.
Knight Center for ten days,twenty-three thousand, the opening session and
presentation which would be a musical review with orchestra and ethnic
dance groups,fourteen thousand, promotional slide presentation about the
City of Miami six thousand; transportation and sight-seeing of Viscaya,
Metro Zoo, Seaquarium, the Fairchild Tropical Gardens, twenty thousand -and
the promotional menu cover for final gala affair which would be a souvenir
about the City of Miami for four thousand which makes a total of ninety
thousand.
Mayor Ferre: Alright, now, Mr. Sheppard do we have your personal assurance
besides that of ASTA,...
Mr. Sheppard: Yes, sir as Treasurer... right.
Mayor Ferre: Let me finish now... that the ninety thousand dollars that
you are requesting as outlined will be spent just the way you have outlined
it and in no other way?
Mr. Sheppard: That is correct, sir.
Mayor Ferre: Alright, now, secondly, we also have... we are going to put
this that Metropolitan Dade County is going to match this or more.
Mr. Sheppard: Well, they have already given us a hundred thousand.
Mayor Ferre: That's fine. That's right I want it on the record that this
is not the City of Miami alone doing this.
Mr. Sheppard: Yes, sir.
Mayor Ferre: You know, because Ernie Fannotto will jump on us saying that
we are giving away the taxpayers money.
Mr. Sheppard: Thank you.
Mr. Carollo: Skip, let me ask two additional questions. On the transportation
and sight-seeing, twenty thousand dollars for travel and sight-seeing to
Viscaya, the Metro Zoo, Seaquarium and Fairchild Tropical Gardens, are
you saying that if the Soviets send their representation and the Cubans, that
48 MAR
you are not going to pay their way while you will pay others?
Mr. Sheppard: Well, if I can control it. I don't know... Commissioner, I
don't know, I can't... I am not saying that how can I control it they--- if
somebody from the Soviet Union comes in. I can't... I don't see how I can
control one or two people that get on the bus to take them on these sight-seeing
trips, but I'm telling you if I can avoid it, I will, yes.
Mr. Carollo: Skip, I think your intentions are honorable...
Mr. Sheppard: Thank you.
Mr. Carollo: ... and I commend them, but you know, what I'm seeing here is
that in one hand we are hoping to have a positive public relations affect
for Miami and what I am envisioning here and I hope I am wrong is that if
these Cuban delegations and Soviet delegations come like they are going to
with booth to promote their hells that they call a paradise, we are going to
have scores of people, not only Cubans, but American Jews and other people
that have had to flee communist Countries demonstrating and picketing and
it's going to be the exact reverse of what we were hoping to get on public
relations.
Mr. Sheppard: Maybe this resolution might discourage that Commissioner.
A resolution from the City Commission expressing their support for ASTA to
convene in the City of Miami on October 1982, the Commission is on record
expressing their personal displeasure in the fact representatives from
Cuba and Soviet Union may attend the convention, but recognizes the fact
that foreign policy is a matter for federal Government. The Commission also
recognizes the sensitivity of this community in regard to the attendance
of those countries, but is aware of the benefits that ASTA will bring to this
community. Therefore, the Commission wishes to go on record that any country
which the Federal Government does not recognize is not welcome in the City
of Miami and who is not a member of ASTA.
Mayor Ferre: Well, I...
Mr. Perez: Mr. Mayor.
Mayor Ferre: Excuse me. I think gramatically it shoud read.. -.that's not
gramatically correct.
Mr. Sheppard: That is just a recommendation.
Mayor Ferre: Yes. It should read, "...therefore, the Commission wishes to go
on record that any country which the U. S. Government does not recognize and
who is not a member of ASTA is not welcome to the City of Miami."
Mr. Sheppard: Right. In other words, you are telling them that they are
not welcome.
Mr. Perez: I was waiting in order to point out my position on this issue.
I would like to ask first, how will the Jewish people of Miami Beach feel
if "Yasser Arrafat", a member of the PLO, were to be protected using
federal funds. Almost the sixty percent of Miami have very strong feelings
about the Cuban agencies. As a City Commissioner, I cannot vote in favor
of any money for their protection or any other use. I wish to point out
that this Commission supports the ASTA Convention without any doubt, which
I consider a great contribution to the local economy, especially to the
hotel and tourist industry and our local economy in general from which
depends thousands of low and medium income families of Miami. I am not
opposed to the ASTA Convention, but what we are discussing here today I
think that it's the money for the personal protection of the Cuban delegation
at the beginning where I didn't have the opportunity to point out my position
first. Mr. Mayor, I would like to make a motion that the money we give
ASTA will in no way be used for the protection of the Cuban and Soviet
delegation since the United States do not have diplomatic relations with
Cuba. I also would like to include in the same motion that the City of
Miami declare communist Cuban representation in this event "Persona Non -
Grata" to the City of Miami and that we make our feelings known to the
Cuban government that they are not welcome here. Also, Mr. Mayor, I would
like to move a motion to adopt a resolution instructing our Law Department
to contact the State Attorney Office and express our position to see the
prosecution of all companies in Miami who are trading with the enemy. And in
49 MAR 11 1932
Win/
case where a company has been found guilty that the City act to cancel there
occupational license if it is legal. That's the two motion that I want to shake
today.
Mayor Ferre: You see, there are two separate motions and I think we should keep
them separate. So, if... I will take the first motion first.
Mr. Perez: To declare "Persona Non -Grata" to the Cuban delegation here to Miami
to make this feeling... to let the Cuban government know what our position is.
Mayor Ferre: Is there a second?
Mr. Carollo: Second that, certainly.
Mayor Ferre: Is there further discussion? Alright, now this deal is strictly
with the Cuban Government as such or representatives of the Cuban Government?
Mr. Carollo: Declaring any representative of the Cuban Government that would
be sent down here "Persona Non -Grata".
Mayor Ferre: Ok, further discussion, call the roll on that motion.
Mr. Carollo: Can I add two more words to that motion, if I may, Commissioner
Perez? Besides "Persona Non -Grata" "Unwelcome and Repugnant".
Mayor Ferre: Alright, is that acceptable to you?
Mr. Perez: Sure.
Mayor Ferre: Further discussion, call the roll.
The following motion was introduced by Commissioner Perez, who
moved its adoption:
MOTION NO. 02-208
A MOTIOI4 OF TEE CITY COMMISSION STIPULATIFG TRAT IN CONNECTION WIT:: A
REQUEST FOR FUNDING MADE BY ASTA IN AN AMOUNT NOT TO EXCEED $90,000,
AND IF SUCH FUNDS AnE ULTIMATELY GRA:TTED, THAT ASTA WILL, IN NO WAY,
USE ANY PART OF THAT FUNDING FOR THE PROTECTION OF IKE CUBAN DELEGATIOIT,
SEOULD ANY MEMBER DECIDE TO COME TO MIAMI, AND FURTHER RZQUESTING THAT
ASTA DECLARE ALL OF THE CUBAN REPRESENTATION IN THIS EVENT 'PERSONA
NOW -GRATA, UNWELCOME KID REPUGNANT" AND THAT WE MAKE OUR FEELINGS IU;OWN
TO THE CUBAN GOVERNMENT.
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.
ViceMayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None
Mayor Ferre: Alright, now, your second motion.
Mr. Perez: Ok, the second motion is the Law Department try to contact the
State Attorney Office and express our position to see the prosecution of all
companies in Miami who are trading with the enemy and in the case where a
company has been found guilty, that the City act to cancel their occupational
license if it's legal.
1
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion?
50
on
MAR 190C.
-n,
Mr. Dawkins: Discussion.
Mayor Ferre: Yes, sir.
Mr. Dawkins: I'm not sure that I'm following the motion.
Mayor Ferre: There is a law in the United States that prohibits what is called
'trading with the enemy:1
Mr. Dawkins: Yes, I am aware of that► but...
Mayor Ferre: And that specifically includes, evidently under the law companies
that are transporting individuals to Cuba and this is a matter that is before
the courts now, I don't think it has been finalized or determined. Now, what
the motion says, as I.understand it, is that we deal with the State Attorney...
I think you mean the -Attorney General.
Mr. Perez: With the State Attorney first or any other legal procedure.
Mayor Ferre: The State Attorney has nothing to do with this. State Attorney
has nothing to do with this, it's the Attorney General.
Mr. Carollo: This has to do, Miller, with three firms that were indicted by
the Federal Grand Jury in trading with the enemy.
Mr. Dawkins: Ok.
Mayor Ferre: Yes. I understand what his question is. It really should be
address to the Attorney General and to the U. S. Justice Department.
Mr. Carollo: That's correct.
Mayor Ferre: And then after the proceedings are finalized should any of these
people be found to be guilty, then the City of Miami would proceed by canceling
occupational license. We obviously, cannot proceed if they are not guilty.
Mr. Plummer: And if they are guilty you don't have to proceed, they are going
to jail.
Mayor Ferre: Yes. Ok, further discussion on the motion with those corrections?
Call the roll.
The following motion was introduced by Commissioner Perez, who
moved its adoption:
MOTION NO. 82-209
A MOTION OF THE CITY OF MIAMI COMMISSION THAT, IN CONNECTION WITH
INDIVIDUALS AND/OR CORPORATIONS WHO ARE PRESENTLY BEFORE THE COURTS
ANSWERING TO A CHARGE OF "HAVING TRADED WITH THE ENEMY", THE CITY
ATTORNEY IS HEREBY INSTRUCTED'TO CONTACT THE ATTORNEY GENERAL AND
THE U.S. DEPARTMENT OF JUSTICE TO II4QUIRE AS TO THE RESULTS OF THE
PROCEEDINGS, AND THAT IF SUCH COMPANIES AND/OR INDIVIDUALS ARE FOUND
TO BE GUILTY AS CHARGED, THAT THE CITY THEN MOVE TO IMMEDIATELY
REVOKE THEIR BUSINESS LICENSE.
Upon being seconded by Commissioner Carollo, the motion was passed
and adopted the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
ViceMayor Joe Carollo
NOES: None Mayor Maurice A. Ferre
ABSENT: None
17. AUTHORIZE THE CITY CLE.U' TO PLACE 014 NL::T AVAILABLE BALLOT
ST%%W QUESTIONS UrHETY.ER CITY FUNDS SIIOULD BE E::PEIIDED TO GROUPS,
CONVE11TIONS LTC WHICY. MAY IVVITE PERSONS FRO" COI-fa"ST COUNTRIES
1};1 '1982
V.
oto
Mr. Perez: But, Mr. Mayor, I think that something is pending also, I think that
what we are discussing is the $90,000 of the budget..
Mayor Ferre: we are going to get that, but I think - and I think Joe properly
pointed it out this morning, that before we are ready to vote there are some
preambles that we need to get throuol+. AnO I'm asking r►ovo for all of the.
preambles. Is there anything else you would like to move.
DISCUSSION CONTINUES IN NEXT LABEL.
Mr. Carollo: Mr. Mayor, what I would like to make a motion on is that we place
on the next available election that would cover the whole City of Miami, that
would be in September of this year in the primaries for State and County wide
races where we wouldhave a city wide election and therefore, it would not cost
the taxpayers any extra money. We place a referendum or a straw vote, if you
would, on the ballot that would address itself to the issue of whether the
citizens of Miami, the people that pay the taxes and that pay for all those
monies that are going out on whether they want to give any of their monies
to any group, convention, association that would be coming to Miami and will
be inviting and bringing members of communist countries, such as Cuba, the
Soviet Union and others. I think that this is a question that has to be answered
by the citizens of Miami and I for one, will be more than willing to abide by
the will of the people of Miami. I think I know their feelings and I think I
know how they are going to vote and I am putting it out to my colleagues in the
Commission to support me in placing this in the next available ballot and let
the citizens of Miami speak. And this could be a guide for us for the future.
Mr. Plummer: I second the motion.
Mayor Ferre: Alright, there is a motion on the floor, is there a second?
Mr. Plummer: I second it.
Mayor Ferre: Alright, is there further discussion? Now, this motion of course,
Mr. City Attorney, has to brought back in a formalized fashion.
Mr. Carollo: Yes, I will be more than happy to sit down with you, George and
help you on the wording. Alright, Professor.
Mr. Knox: Yes, sir.
Mayor Ferre: Alright, now, further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who
moved its adoption:
MOTION NO. 82-210
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO PLACE ON THE
NEXT AVAILABLE CITY-WIDE ELECTION BALLOT A STRAW -BALLOT QUESTION SO
THAT THE CITIZENS OF MIAMI MAY EXPRESS WHETHER THEY WANT THIS CITY
TO GIVE ANY OF THEIR TAX MONEY TO ANY GROUPS, CONVENTIONS, ETC.
WHICH COME TO THIS CITY AND WHICH MAY BRING WITH THEM OR INVITE SOME
OF THEIR MEMBERS WHO BELONG TO OR REPRESENT COMMUNIST COUNTRIES, SUCH
+ AS CUBA AND THE SOVIET UNION; AND FURTHER DIRECTING THE CITY ATTORNEY
TO PREPARE WHATEVER RESOLUTIONS ARE NECESSARY TO PLACE THIS STRAW-
, BALLOT ISSUE ON THE NEXT BALLOT AND TO BRING SUCH BEFORE THE COMMISSION
SO THEY MAY BE FORMALIZED.
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.
ViceMayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
52
MAR I 1 99812
Mayor Ferret Now, w will be getting the specific 1 uage on this and we will
discuss it in more mWific detail as we... when it ,nes back in the formal form.
(DISCUSSION CONTINUED IN NEXT LABEL)
18. A.S.T.A. CONVENTION - EXPRESSING SUPPORT
APPROVE REQUEST FOR FUNDING- ASTA WORLD
CONGRESS N.T.E. $900000 -
Mayor Ferret Alright, now, we need to pass a... I would like to have a
positive resolution. I have no problems with the negatives, I voted for all
of them, but I would like to have a positive resolution.
Mr. Carollo: Mine wasn't negative, Mr. Mayor, it was a positive.
Mayor Ferret No, I'm talking... instead of saying what we are against I want
to see what we are for, ok. Now, we said what we are against and I voted with
all the againster, now I want to be on a�for.. "A resolution from the City
Commission expressing their strong support for ASTA to convene in the City of
Miami in October 1982. The Commission is on record expressing their personal
displeasure and the fact that representatives from Cuba and the Soviet Union
may attend the convention, but recognizes the fact that foreign policy is a _
matter of the Federal Government. The Commission also recognizes the sensativity
of the community in regard to attendance of those countries, but is aware of the
benefits that ASTA will bring to this community. Therefore, the City of Miami
Commission wishes to go on record that any country which the United States
Government does not recognize and who is not a member of ASTA is not welcome
in the City of MiamO Now, I know this is partially redundant with the other
motion, but I think that the positive frame I would like for the ASTA people
to have a more positive resolution.
Mr. Carollo: Mr. Mayor, I would be more than happy to make that motion.
Mayor Ferret Alright, is there a second?
Mr. Perez: I second.
Mr. Carollo: Now, that someone second I would just like to explain one area
of that motion a little clearer. I would be the first to agree that this
Commission or for that matter any Commission in this country/does not set
foreign Wlicy of our country. It's up to the State Department and our
representatives in Washington to do that. However, when it has to do with
our money, that's a whole different story and this is why I have felt the way
that I have. When it has to do with monies of taxpayers of the City of Miami
we have a right to speak up regardless of what the issue is.
Mayor Ferret I might point out Commissioner, that every member of this Commission
has gone along with you and you got your viewpoint expressed and it was a
unanimous consent of this Commission. There was not one abstention. I would
also, further like to point out that Skippy Sheppard who was a prominent member
of the business community and of the hotel community also agreed with you. And
I would like to point out that the representatives of ASTA, obviously, in a
precautionary way that they must be guided bye also concurred generally with the
statements that have been made here. So, I think that we have now made that
expression as clearly as possible,and I commend you for you initiative on this
matter. We now have the ASTA World Congress... Excuse me.
Ms. Hirai: Mr. Mayor, may we call the roll on that last motion.
Mayor Ferret I'm sorry. Anybody else. Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-211
A RESOLUTION EXPRESSING SUPPORT FOR THE CONVENTION OF THE AMERICAN
SOCIETY OF TRAVEL AGENTS (ASTA) TO BE HELD IN THE CITY OF MIAMI
DURING OCTOBER, 1982.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
53 MAR 11 1982
i Upon being second 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.
Mayor Ferre: Now, we have the question of the budget. Now, with the conditions
as stipulated here by Skippy Sheppard. Where did Skippy go?
Mr. Plummer: :tight here.
Mayor Ferre: Mr. Sheppard, as stipulated and with your personal guarantee that
these monies will be spent only as stated here, now will somebody make a motion?
Mr. Plummer: So move.
Mayor Ferre: Is there a second?
} Mr. Perez: I second.
i
i
Mayor Ferre: It's been moved and seconded. Alright, further discussion?
Mr. Perez: Mr. Mayor?
Mayor Ferre: Yes.
Mr. Perez: I would like to include in the sight-seeing area of this budget
the opportunity that these people have to go to Little Havana...
Mayor Ferre: Alright.
Mr. Perez: ... and may be I would like if we have any special Black heritage
that the Black community would like to show that's welcome also, but I would
like to point out that they have the opportunity to go to Little Havana and
I would like to invite to go to something in the Black area and may be in the
Northeast area, but I would like to include Little Havana in that sight-seeing.
Mr. Carollo: That's good. And in case Skip, one of these guys who we don't
want sneaks in may be you can take him over to the Everglades to Camp Cuba
Nicaragua, He will get a kick out of that, I'm sure.
Mayor Ferre: Further discussion, call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 82-212
A MOTION OF THE CITY COMMISSION APPROVING THE REQUEST FOR FUNDING
PRESENTED BY THE "ASTA WORLD CONGRESS" IN AN AMOUNT NOT TO EXCEED
$90,000, WITH THE STIPULATION THAT THESE MONIES ARE TO BE USED
SPECIFICALLY AS OUTLINED IN THEIR REQUEST WHICH WAS PRESENTED
TO THE COMMISSION ON THIS SAME DATE.
Upon being seconded by Commissioner Perez, the motion was passed
j and adopted by the following vote:
ON ROLL CALL:
Mr. Carollo: Mr. Mayor, I respect the vote and the opinions of my colleagues
here. I made my views as clear as I possibly can. I welcome ASTA to the City
of Miami, but I cannot vote with this motion knowing that ASTA is willing to
accept representatives of communist Cuba and the Soviet Union and not having
gotten an answer still on whether they will be coming or not. I have to stick
with my principles, my convictions in this, I have to vote "no".
■
Mayor Ferre: For the reasons expressed before, I vote "yes".
r. to s MD111�Q
AYts: Mayor Maurice A. Ferre
Commissioner J.L. Plummer f
Commissioner Demetrio Perez Jr.
Commissioner Miller J. Dawkins
NOES: Vice Mayor Joe Carollo
ABSr.;T: None
Mayor Ferre: Now, I think that concludes everything with ASTA.
Mr. Plummer: No, Mr. Mayor, I want to bring something up.
Mayor Ferre: Ok.
Mr. Plummer: I have been quiet now.
Mayor Ferre: Ok, first Plummer and then Carollo.
Mr. Plummer: Mr. Mayor, I am very much concerned that this convention was
welcomed with open arms by the City of Miami, Metro, T.D.C. who financially
backed it and we did it not just for the monetary value that these eighteen
thousand people representatives will be for. But this thing was sold to all
by the virtue of the fact that we would hope that the image portrayed during
this convention would be very beneficial and portray to world that Miami is
not necessarily what is said and in the printed media. Mr. Mayor, I am very
concerned and recognize and read between the lines of your words. I have no
assurances from anyone in ASTA, because they can't give me assurances that there
will not be one of these countries or people that are here. They have to invite
everybody I would assume in the interest of fairness. My concern is that seven
of them as last year do show up this year and your words, Mr. Mayor, are the
words that are triggering my request, that neither the F.B.I., the State Troopers,
the Federal Authorities or anyone are going to stop the protest that will be
waged or guarantee the safety of those people that are in this community and
without question you know and I know what is going to be portrayed around the
world in the way of headlines about Miami. I'm concerned, very concerned about
that. Mr. Mayor, I think it is in order that this Commission demand of the
administration that by the next meeting that they come and present to this
Commission through and with their Police Chief and Fire Departments what they
are prepared to do and who are they prepared to call on if necessary should and
an event such as outlined, happens. I am very, very concerned.
Mayor Ferre: Can you expand that to include a contingency plan, but also with
Metropolitan Dade County forces, because I don't know that we should bear the
full burden.
Mr. Plummer: Mr. Mayor, I said who they could call on. You know, it is going
to be up... because it's going to be us, us that's going to wind up with
coordination because it's in our city.
Mayor Ferre: Well, I will tell you, now that you have made mention of this
let me make sure that my position is very clear. The press is honing in on
this idea of the safety factor and as I told the representative of ASTA, the
President of the United States of America who I assume has the best security
in the world, I think he does, with a full contingency of secret service guards
in Washington, the Capitol of the United States of America was resently shot.
Now, if we in this country cannot assure and guarantee the safety of our own
President, I think we have to recognize that we live in a very strange, crazy
world where Popes and Presidents are shot. Now, I hope that people understand
that we are capable and willing to and able to render the best security service
that exist in the United States. As good as Chicago, San Francisco, Philadelphia
and New York or Washington D.C., but I think we have to live within the realm
of the reality of world. And you and I and this City cannot give total assurance
to the fact that if indeed a representative of the Cuban tourist organization
comes here that there will not be some kind of ill -feeling expressed. Now,
I made a statement to a member of the press who asked me this. I reminded
him, he wasn't here then. Now, I don't know where you were, but I don't think
you were in Miami in those days, but when the Assistant Secretary of State
Bill Rogers came here to speak to this community about six years ago, over that
same weekend we had a whole bunch of fire crackers going off all over the place,
you know, and I think there is no use denying that, that is something that is
part of the history of Miami. That's not to say that I think it's going to
happen. I don't think it will happen. That's not to say that this augures badly
for our future, that is to say that, that is'a reality of our community and
I'm sure the people from ASTA when they carefully went over the
55 E�-�^ 4.
11196
��.:,�
1,
Mayor Terre: Alright, is that in the form of a motion?
Mr. Carollo: Yes, sir.
Mayor Ferre: Is there a second?
Mr. Perez: I second.
Mayor Ferre: Further discussion, call the roll.
The following motion was introduced by Commissioner Carollo, who
moved its adoption:
MOTION NO. 82-213
A MOTION OF THE CITY COMMISSION REQUESTING OF THE ASTA CONVENTION
A FREE BOOTH WHICH THE CITY OF MIAMI WOULD JOINTLY SHARE WITH ANY
LEGITIMATE ORGANIZATION IN THIS COMMUNITY IN ORDER THAT PICTURES
AND/OR ANY OTHER KIND OF PROOF MIGHT BE SHOWN DEPICTING THE SAD
REALITY OF WHAT COMMUNIST COUNTRIES LIKE CUBA AND THE SOVIET UNION
ARE REALLY LIKE, FURTHER DIRECTING THE CITY MANAGER THAT, IN CASE
THE HEREIN REQUEST IS DENIED BY ASTA, THAT THE CITY PROCEED TO PAY
WHATEVER FEES ARE NECESSARY IN ORDER THAT WE MIGHT HAVE THE BOOTH
ANYWAY AND USE IT FOR THE AFORESAID PURPOSE.
i
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.
—� ViceMayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
FURTHER DISCUSSION:
Mayor Ferre: Alright, are we through with this now? Alright, I want to make
one last statement so that... because some people are concerned now about how
we are taking one position and not.... There is a big, big difference between
the policy that we take with a government that is not recognized by the United
States and who is a government that is a declared enemy of the United States
in which we do not recognize, like Cuba and other nations that we are not
friendly with, but who we... our Federal Government and this Administration,
this Republican Administration of President Ronald Reagan's recognizes, such as
China and the Soviet Union and Bulgaria and Romania and so on. I wish to on
the record so that we understand each other, say that I personally repudiate
the human policy of the Soviet Union that represses Soviet jewry it is anathema.
I' I have protested, I have matched, I have personally expressed my disgust and
i' I wish to do it as a citizen again today. I am totally opposed to the policies
of the government of South Africa, they are repugnant to me. Apartheid is
something that is a blight on this earth. I repudiate totally apartheid and
what South Africa represents in a racist government that deprives human beings
of their rightful position as the Soviets deprive Jews the right to... In
contrary to the... what they signed in the United Nations to immigrate from
their country. I repudiate that. I repudiate the terrorist tactics of the
Lebanese Government who are out causing havoc and destroying and terrorizing
the world. I repudiate the Arab states like Syria that are out to destroy
Israel. I think that is totally unacceptable to me as a freedom loving
individual that seeks a better world and I just want to say that I'm sure that
{ all of us have strong feelings about some or all of these situations. That does
not mean, however, that we can superimpose our official position over that of
our own Federal Government, but let it be known that--- I think that I speak
` for all of us--- that we all have these same concerns about the rights of
people that are suppressed throughout the world.
56 MAR 1 19on
82
1
i
different alternative sites that they had, that they knew all of this. So, this
should not come as a surprise, but neither do I think that we should be
i enough to on the record tell these people that they have absolute guarantee of
absolute safety.
Mr. Plummer: All I'm asking Mr. Mayor, that at the next Commission meeting
the administration come forth and give to this Commission what you are prepared
to do and as the Mayor calls a contingency plan and who you can call on if needed
for help and I don't think that's out of order to ask that this Commission be
appraised of what that is.
Mayor Ferre: Alright, I think that's just a mandate from the Commission. You
i don't need that formalized anyway do you? Ok. I also might warn us and that
means me and the four of you and the press. You know, the more we talk about
I' these things and the more we discuss and the more... Obviously, the press has
to report it and that's their job and obviously it's going to be picked up
on the wire services and we are just, you know, here we go again, you know,
,I continuing to add more fuel to the fire. Let's move along. You have something else?
l!
i
t
i
F
Mr. Carollo: Yes, Mr. Mayor. If I may get the representative from ASTA to
the microphone again, please. Besides the ninety thousand dollars that the
City of Miami just awarded to your convention now, the County also awarded a
sizable sum and so did the State. If I recall, the State was approximately
a quarter of a million. The County was... excuse me, the State was two hundred
fifty thousand and the County was a hundred thousand. Our citizens of Miami
compromise approximately twenty percent of the population of Dade County.
We also pay taxes for Dade County. So, in a sense you got money from us from
the County also when they gave you the money. We are also taxpayers of the
State of Florida, so, out of that two hundred fifty thousand a little bit of
that came from the pockets of our taxpayers in Miami also. What I would
like to ask now from ASTA is for you all to give us a little something in
return. You are opening up your doors so that a possible representation of
places such as communist Cuba and the Soviet Union will have a free soap box
1 to which to expand their philosophies on our people. That's your prerogative.
This is a republic and it's your right to do that, but what I would like for
you to do for the City of Miami is to give us a free booth so that the City of
Miami can use that booth in cooperation with different organizations of Cuban
Americans, Jewish Americans of this community and other people that have fled
their home lands because of communism to have a booth to show the realities
of what those countries are like.
Ms. Fensterer: Mr. Carollo, I would be very happy to recommend that
to the ASTA Board and to go beyond that in extending all of our resources to
that effect in every possible participation. Thank you.
Mr. Carollo: Ok, I thank you, for that. Can we expect to hear something on
that as soon as possible?
Ms. Fensterer: Yes, I assure you, you will.
Mr. Carollo: Thank you, very much. Now, if for any reason, Mr. Mayor, unknown
to us here the Board of ASTA declines on this, then I would like to make a
motion for the City of Miami to pay whatever fees have to be paid them, so
that we could have a booth jointly with any legitimate organization of this
community that wants to present pictures, any kind of proof of what Cuba
and the Soviet Union, for that matter any other communist country is really like.
57 MAR 11 in,
ra
19. ACCEPT COMPLETED WORK: WEST TRAILVIEW HIGHWAY IMPROVEMENT .
.E-4447
Mayor Ferre: We will take up the public hearing items of 2:30, which is
Item 3. Is there anybody here who wishes to talk about the West Trailview
Highway Improvement? If not, is there a motion to accept the completed work
as recommended?
Mr. Plummer: Let the record reflex no one came forth to object. I move the
item.
Mayor Ferre: Is there a second? Is there a second?
Mr. Perez: I second.
Mayor Ferre: Seconded by Commission Perez, further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
t
moved its adoption:
RESOLUTION NO. 82-214 i
A RESOLUTION ACCEPTING THE COMPLETED WORK OF MIRI CONSTRUCTION,
INC. AT A TOTAL COST OF $1,132,093.83 FOR WEST TRAILVIEW HIGHWAY
IMPROVEMENT IN WEST TRAILVIEW HIGHWAY IMPROVEMENT DISTRICT H-4447:
AND AUTHORIZING A FINAL PAYMENT OF $110,264.10
(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.
20. CONFIRM ASSESSMENT ROLL: SIMPSON SANITARY SEWER IMPROVEMENT
SR-5391-S
Mayor Ferre: Item 4. Is there anybody here who wishes to talk about the
Simpson Sanitary Sewer and this is confirming assessment roll for construction,
sideline sewer.
Mr. Plummer: Let the record reflect no one came forth to object. I move Item
Mayor Ferre: Alright, is there a second?
Mr. Perez: I second.
Mayor Ferre: Seconded by Perez, further discussion, call the roll.
.58 1962
1AAR 1 1
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-215
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF SIMPSON
SANITARY SEWER IMPROVEMENT IN SIMPSON SANITARY SEWER IMPROVEMENT
DISTRICT SR-5391-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.
21. CONFIRM ASSESSMENT ROLL: SIMPSON SANITARY SEWER IMPROVEMENT
SR-5391-C
Mayor Ferre: Take up Item 5, which is the Simpson Sanitary Sewer. Is there
anybody here who wishes to speak to that item on this public hearing.?
Mr. Plummer: Let the record reflect no one came forward. I move Item 5.
Mayor Ferre: Is there a second?
Mr. Perez: I second.
Mayor Ferre: Seconded by Perez, further discission, call the roll on Item 5.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-216
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR CONSTRUCTION OF SIMPSON
SANITARY SEWER IMPROVEMENT IN SIMPSON SANITARY SEWER IMPROVEMENT
DISTRICT SR-5391-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 Perez the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetric Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
0
59
i
MAR 111982
22. PUBLIC HEARING: RENAMING OF MANOR PARK TO "CHARLIE HADLEY PARK"
Mayor Ferre: Alright, we are now on the Item of renaming Manor Park to Charlie
Hadley Park. I assume there are people here that wish to speak on that. May
I have hands on that please. There are twelve speakers. Would three minutes...
does anybody need more than three minutes? If you do need more than three minutes
please say so now. Otherwise, I will not recognize you beyond that. Alright,
would you stand up ?Margaret and address us and the rest of you would you please
give your names to the Clerk. I will read the names out as they are given to
me.
Mr. Margaret Pace Burton: Mr. Mayor, I am Margaret Pace Burton, Chairman of
the Memorial Committee of the City of Miami and at this time as the Chairman
of the Committee it is a request that no decisions be made today renaming any
parks either streets or any other memorials. The Committee is in the process
of forming suggested guidelines that will assist the Commission and the Committee
in making the decisions and for these reasons we request that you delay your
decision until we can give you the proper guidelines.
Mayor Ferre: Alright, Mrs. Burton, we will take up that issue. I think all
these people that have come here wish to be heard. I'm going to listen to
them first and then we will deliberate first on your issue depending how the
Commission decides on that, then on the main issue.
Ms. Margaret Pace Burton: Thank you, Mr. Mayor. I have a meeting at 4 O'clock
so I will be slipping out in a little while.
Mayor Ferre: Alright, ok. The... excuse me, for not being able to read your
hand writing too well. Fairwood Johnekins. Now, Mr. Johnekin.... Alright,
Mr. Johnekin.
Mr. Fairwood Johnekin: Mr. Mayor and Commissioners, I want to thank you for this
opportunity to speak in front of you. My name is Fairwood Johnekin. I am the
President of the Manor Park Concerned Citizens and I'm here to speak on the
renaming of the Manor Park to Charlie Hadley Park. I think where a lot of
problems are coming from are a lot of people don't realize who Mr. Charlie
Hadley is. I feel that from the beginning that this was handled wrong. I
feel that letters and things should have been sent out in our community... this
is where we are getting all our complaints because no one was notified and the
only thing they know was that they awoke one morning and they said "Hey, the
park is going to be renamed". So, what I'm here hoping that all our citizens
will be notified on this, because a lot of times people come in and they don't
have time to read the paper. It's not being publicized enough as far as for
people to know about it. I feel that we should go ahead and make up some letters,
get them out into the neighborhoods and let the people know who Mr. Charlie
Hadley is, let them know what he has done in the community. People don't know...
I met Mr. Charlie Hadley the other night for the first time to talk with him
myself and after talking with Mr. Hadley, if Manor Park was going to be renamed
I for one, will like to have the park renamed Charlie Hadley Park. Thank you,
Mr. Mayor.
Mayor Ferre: Alright, thank you, sir. The next speaker is Lverett E. Abney.
Mr. Abney?
Mr. Everett F. Abrcy: Good afternoon Commissioners, Mayor Ferre. My name is
Everett Ahr;ry and I have been a part of this community for some eleven years
now and I would like to say just in the time that I have been here and having
a,, opportunity to work with Mr. Charles Hadley, I know of no one individual
that I can speak of as being a finer individual in this community than he and
I think the honor of having Manor Park named after this individual is something
that we can all live with and appreciate. As an individual the kinds of things
that I have watched him do in this community while particularly serving as
prijiriple at Miami Northwestern for some four years, there was nothing that I
Call remember atthis time that, that individual did not do to help support the
ins;titution and the kids that were there and also the people that lived in that
cummu!,ity. There is something that I live by as an individual and it's a little
60 MAR 1 1 j2)fsz
part of a quote or a poem. It goes as follows "That there is a destiny that
makes us brothers, none goes his way alone, all that we send into the live$ of
others comes back into our own", and I think that Mr. Charles Hadley had lived
his life in such a way to send things into other people's lives and justly
deserves something to be a part of his.
Mayor Ferre: Thank you, Mr. Abney. Alright, the next one is Carmen Chediak.
Ms. Chediak? And the next speaker would be Russell Smith and then Bill Perry.
Ms. Carmen Chediak: Hello, my name is Carmen Chediak and I'm here to speak on
behalf of Mr. Hadley. I would like the park to be named after him. Mr. Hadley
has been a great value to our community in many ways. He has served to maintain
the Democratic principle through his organization which transports citizens to
the polls when they need to vote and they don't have the transportation. During
Thanksgiving he is also a champion for the poor, he provides us Thanksgiving
baskets. Parks are basically designed for kids and Mr. Hadley works very well
with children. Mr. Hadley has had several strokes, I think that by naming the
park after him this would help a great deal in his recuperation and help him to
come back and help our community. The renaming of the park would be a gift
in the scope of his physical ability as well as an opportunity to serve the
community in a manner which he loves best, that to improve the life of the kids.
So, I urge you Commissioners and Mayor, to please vote in favor of naming the
park after Charles Hadley.
Mayor Ferre: Thank you. Ms. Chediak, I want to apologize. I wasn't laughing
at you, I was laughing circumstantially. I know that you are very active in
the welfare of this community and nobody identified you and I think I should.
You were involved with the government of...
Ms. Chediak: With the Closeup Program at Miami Jackson...
Mayor Ferre: At Miami Jackson, right?
Ms. Chediak: ... and with the Jackson Education Redevelopment Council.
Mayor Ferre: Ok. And I know that you are very interested in your community
and I think that you are probably one of the best examples of a young woman,
Cuban -American, who has worked in the community, Black and White, without any
distinction or difference to the well-being... for the welfare of this community.
And I want to tell you that I--- and I'm sure I speak for all of us--- are very
proud of the work that you and the students of Jackson High have done and I
want to thank you, for taking of your time to be here.
Ms. Chediak: Thank you, very much.
Mayor Ferre: Ok, Russell Smith.
Mr. Russell Smith: I don't know who Mr. Manor is, but I sure do know who Mr.
Charles Hadley is. Mr. Hadley is a man who has helped the young people of our
community get a bird's eye view of the many facets of our government. He has
helped to motivate the young people of our community in a positive direction
which is to become more politically active in our community. And I feel we
have so many parks named after things that the young people really don't have
an idea of what they represent or what they are, but I think it's time for us
to have something to commemorate someone who has tried to help the young people
and not only the young people alone, people in general to become more active
in their community and to help the young people become viable citizens. Thank
you.
Mayor Ferre: Thank you. Alright, would like to also say that I remember
Mr. Smith has been here on several occasions and I know that he is an activist
also in Miami Jackson High School. Right?
Mr. Smith: Yes.
Mayor Ferre: And active in government affairs and certainly is... we hope and
I'm sure we will see many, many years of leadership of young Russell Smith as
he becomes a member of this community and I commend you and thank you for
being here. Thank you. Sill Perry and nobody needs an introduction... We don't
need to introduce Bill Perry, the President of the local chapter of the NAACP.
Mr. Bill Perry: Thank you, Mr. Mayor and Commissioners. I really don't have
to talk about Charlie Hadley because I'm sure the people out here are going to
do that. I would like to turn it around a little because you know that I most
61
MAR .,n
11 c�ka&;,
definitely think Charlie Hadley is one of the most outstanding Black folk in this
community and has made an outstanding contribution and even with his handicap
today he is still making viable contributions and is certainly a role model for
all young people in this community and I just wish some of us older folk will
get off our duff and begin to act like Charlie has acted in the past and as he
constantly fights. The other part of it, I think, is I'm certain that we are
going to name the park after Mr. Hadley, but what I would like to ask this
commission is to invest some money into bringing that park up to the standards
that it will be the kind of park that once Charlie Hadley's name goes on it, that
it is representative of that man. You see, it's one thing to name a park after
the individual....
Mayor Ferre: You want it to be bigi
Mr. Perry: No, I want the park... no, no, I want the park to come up to the
quality that Charlie Hadley represents. Perhaps you could have taken Bay£ront
or Morningside or one of those parks, but since we are going for Manor, let's
bring Manor Park up to what Charlie Hadley represents. Thank you.
Mayor Ferre: I knew that there was more to this than just naming it Charlie
Hadley Park. Thank you, for letting me know what it was. The next speaker
is David Marco and the next one after that is Charles Johnson, Jr.
Mr. David Marco: Mr. Mayor and Commissioners, I would just like to address
this situation that we should concern ourselves with the present and Mr. Hadley
is a man of the present, because he is concerned with the youth and the elderly
of the present. Now, you all know Mr. Hadley and what he has done and you all
know how he has helped the youth and how he has definitely helped Miami Jackson
and the elderly in the election process, but Mr. Hadley is a man that should
be remembered and the only way to remember him is to give it to the people of
the present for the future. Now, as somebody said, we don't know who Mr. Manor
is, but there maybe a time when we can name Mr. Hadley's Park after somebody
else, but as of now it's a man... somebody we should represent or should represent
us/and that park should be Mr. Hadley, he is most appropriate
Mayor Ferre: Mr. Marco, you are also at Miami Jackson?
Mr. Marco: Right.
Mayor Ferre: Are you a student or a teacher or what?
Mr. Marco: No, a student.
Mayor Ferre: Student. No, I mean, I... you know, I always get in trouble when
I make the wrong assumptions, so I've got to ask. So, thank you, for being nere.
I know that you are also interested in your community. Alright, Mr. Charlie
Johnson, who I don't think... also doesn't need introduction and one of the
activists of this community.
Mr. Charles Johnson: Thank you, Mr. Mayor, Commissioners. My name is Charles
Johnson. I am a community reinvestment specialist with Amerifirst Federal
Savings and Loans. I'm a native of Miami and have known Charlie Hadley for
some time. I grew up with Mr.... well, under Mr. Hadley in terms of delivering
turkeys and rolling easter eggs and things like that. I also had the pleasure
of knowning Mr. Powell. Mr. Powell is an outstanding individual, he did most
of his work in Coconut Grove. I would appreciate some consideration of honoring
him in the area where he is recognized. I would emphasize the fact that Mr.
Hadley did a great deal of work in the Manor Park area and would appreciate
and support the recommendations made by Mr. Perry, that when we put his name
on there you are going to have to bring it up to his standards or we are going
to get yelled at anyway. Thank you, very much.
Mayor Ferre: Thank you, Mr. Johnson. Alright, Marsha Saunders and the next
speaker is Rev. Johnson and then Dewey Knight.
Ms. Marsha Saunders: Mr. Mayor and Commissioners, I would just like to say I
think naming Manor Park after Mr. Hadley is a very small tribute that we can
pay to a man who has done a lot of great deeds. I would like for my children
to remember him every time I point him out. I reminded them that the very
first time that I remember Charlie Hadley is when he knocked on our door--- I
was seven years old--- he said "I came to tell your Ma'am to go vote, go get her,
let me talk to her".And that was Overtown.and when we moved to 51st Street he
was still there and he has meant a lot to us getting something done for our
62 W 11 ,sVZO
youth and for our elderly and ? don't think there should be any question as to
whether or not we should commemorate him in some way.
Mayor Ferre: Alright, thank you. Now, Reverend Johnson. 1 think everybody...
Marsha Saunders happens to be one of my favorite people in this community,
because she is a concerned citizen and 1..... and she is also an activist with
many of the important things that are happening in this community. And as far
as Reverend Thedford Johnson is concerned, I don't think he needs any introduction.
If somebody has been persistent and consistent over many years it's Reverend
Thedford Johnson and we are happy to have you here.
Rev. Thedford Johnson: Thank you, Mr. Mayor. I think that I have developed
a stature large enough that when I appear they know I'm here. Any number of
things has been said and I just briefly would like to point out that someone
said just earlier that Mr. Charles Hadley had proven himself and because of
his work he was a great Black man. I would say a man of Mr. Charles Hadley's
caliber would be a great man in any color. He has served well and I think
that his name ought to be left on something other than a tombstone in a
cemetery. I think that we ought to give him the good graces of having his name...
let him ride by an look at it while he lives and that others will not have
to go out to the cemetery with his family to know that he lived. His work
will live on many years after he is gone off the scene. We are not hoping that
he will die soon, but the two of us are about the same age, we grew up together
and I know as well as he knows that it ain't as long ahead as it is behind.
So, I will second the motion to the park being named after Charles Hadley.
Mayor Ferre: Alright, the next speaker is Dewey Knight and after that Bob
Simms.
Mr. Dewey Knight: Mr. Mayor and members of the Commission, thank you, for
the opportunity to say a word about a very unique individual. I was impressed
with your recognitions.,as I walked in.of public servants who are doing outstanding
and unique jobs. We have an opportunity here to recognize an outstanding and
unique individual. One who�in my estimation has done as much or more than
any other individual living or dead, that I can think of in this interest of
the citizens of the City of Miami. They extend further than just riding people
to polls, getting out the vote, giving Christmas baskets and getting toys...
Christmas toys and Thanksgiving baskets. Those of us in public service know
him as the individual who seven days a week, twenty-four hours a day,is at the
beck and call of the citizenry to intercede in their behalf. Charles Hadley
has been a one—man social service institution for this community and I too,
support the renaming of the park only because I think it is more doable than
renaming the City of Miami "Hadleyville �'
Mayor Ferre: Before Mr. Simms speaks, let me say that I have a strong feeling
that this community has been served very well and is very lucky to have the
quality of public servants that it has.,and if I were to choose anybody that
would really... that exemplify a role model of a conscientious public servant
I would have to say that it would be a tough race between Dewey Knight and
Bob Simms and I just want to tell you how very proud I am of both of you in
the work that you do in this community.
Mr. Bob Simms: It's a pleasure, Mr. Mayor and members of the Commission, to
come before you. I think our great satisfaction of being humble public servants
is because of the leadership of people like youpfive gentlemen and that which
you give, our sources of energy are derived from you, but it's derived from
another source too. It's derived from those volunteers that serve to make this
such a better place. Webster's unabridged dictionary defines development, since
we are all concerned about Liberty City and the other impoverished areas as
%we attempt to redevelop them. Webster's unabridged dictionary defines �development�
as the "unfolding of the germ! Charlie Hadley is a germ and it's most imperative,
it's most imperative that young people as they grow see before them what their
task is. As Charlie would say "Getting some Just on their shoes", because
that's what it's all about. That's what made this Country, that's what going to
make Dade County a better community, but you see, we can have no more dead
heroes. We have got to have the kind of heroes that reflect and represent, a
walking sermon and that's what Charlie Hadley is. It's most imperative, it's
most imperative of you all, that you know, that we deal with the here and now and
not the there and then. The here and now would suggest that Manor Park, given
all the refinements that most go into it has no other alternative than to be
named after Charles Hadley. My pleasure thank you.
63
W-R 1 tq 2
Mayor Ferre: Thank you, sir. The next...
Mr. Plummer: Mr. Mayor, I think it would be in order that we inform Mr. Sitmas#
that even though he takes one hundred percent of the pride, that we wish for hits .
to know that we share with him in that pride of the good fortune and the very
great intelligence of our Governor who made his daughter a Circuit Judge in this
community and we share that pride with you Bob.
Mayor Ferre: I was here when it happened to share it with him.
(BACKGROUND COM14ENT OFF THE PUBLIC RECORD)
Mayor Ferre: Ok, now,... that's something I want to talk about in a little
while. We have Ernie Fannotto, who for the very first time and I would like
the Clerk to have this little card framed. It says "Ernie Fannotto, for a
half a minute, pleas6" and this is the first time that Mr. Fannotto has
volunteered to speak for thirty seconds and I am just absolutely dumbfound,
and what it means is that this must be an important subject to him.
Mr. Plummer: Did anybody tell Ernie that Charlie Hadley is Italian?
Mayor Ferre: For one half minute, Ernie Fannotto.
Mr. Ernie Fannotto: Ernie Fannotto is my name and I'm President of the Taxpayers
League of Miami and Dade County.
Mayor Ferre: Roy Fauntleroy is the next speaker.
Mr. Fannotto: The many fine things that have been said about Charlie Hadley
are true. He was well-known, very well respected, a well-known civic leader
and an outstanding politician. I was in many campaigns with Charlie and let
me tell you we didn't lose many. Charlie was a worker, he knew the people
and they respected him. I'm just going to tell you folks, unanimously vote and
do it quick. Thank you.
Mr. Carollo: Mr. Ray Fauntleroy.
Mr. Ray Fauntleroy: Mr. Mayor and City Commissioners, there is not much we
can add to what has been said today about Charlie Hadley, but I would like to
say that I am very proud to be here in a line of citizens who would testify
for a gentleman who has demonstrated a commitment unrivalled as I have seen
in his community and I think that if he were here today and I wish he were
so he could see this vote, that I would say to him that we are going to do our
best to keep the tradition that he has set... the pace that he has set alive
and well and try to fill those footsteps in our community as he has done such
a tremendous job. So, we are in total support of Manor Park being changed to
Charles Hadley Park and we support the statement that was made by Dr. Perry and
we hope that you will act expeditiously on that matter and we are with you
one hundred percent. Thank you.
Mayor Ferre: Thank you, Mr. Fauntleroy. The last speaker that I have is Les
Brown.
Mr. Les Brown: Mr. Mayor and members of the Commission, thank you, for this
opportunity. I am a native Miamian and I have known Mr. Hadley since I was
a little boy Overtown. Socrates saiethe unreflected life isn't worth livingf,,"
Mr. Hadley's life is one that has been a tremendous reflection of positivity
in this community for young folk and for senior citizens alike. I think he
operates most in the consciousness of one George Bernard Shaw that said that
people that don't like the circumstances that they see in life, they get out,
they become involved and the work to change them. Mr. Hadley has been an
instrument of change in our community. Someone mentioned that many people are
not aware of the fact that Mr. Hadley has done a great deal in this community
and there is an interest in changing the name of the park and I'm here to say
this evening that, that's not so. There has been discussion of it printed in
the Miami Times, as well as the general media, as well as WEDR radio station
and I have been going door to door out in the community with several other
citizens and talking with people and residents of that area. We have collected
over one thousand signatures of residents in the area and people from around
the community who have said "Yes, we want to give the flowers to the living
not those who die". Thank you, very kindly.
64
MAR 11 1982
Mayor Ferre: Alright, Mr. Dawkins?
Mr. Dawkins: Mr. Mayor, Commission and my neighbors. For the record, 1 would
like to correct two erroneous hearings. Number one, is the fact that someone
said that I did not want to name the park for Charlie Hadley. The first thing
is, I made the motion to name the park. Then I got phone calls pro and con. I
also was made aware that we had not carried this request through the proper
channels. Therefore, at the next meeting1when it was time for the second reading
on the resolution II moved for a public hearing in order that all citizens could
be heard. And it sadden me to say that of all of you out there only Bob Simms
and Dewey Knight thought to call me to get a correction, but that's neither
here nor there. You elected me, I'm sure that you are not going to agree with
everything that I do and I'm sure that I'm not going to agree with everything
that you do, but as an elected official at all times,I will vote my convictions
until you tell me that they are not your convictions. My concern is not the
naming of the park, as Mr. Perry said, it's what's in the park. I live across
the street from Manor Park. When I first moved out there every three months
white sand was dumped under the swings where little kids swing so that they
would not get what is commonly called "Florida sores", that no longer happens.
When I first moved out there fertilizer was put down twice a month over the year, the
grass was watered everyday, it was cut and all the hedges were trimmed, that
doesn't happen anymore. When I moved out there, there were basketballs, footballs,
tetherballs, table tennis, that's not there anymore. So, I am happy that my
neighbors decided to turn out this once and give me hell, but in so doing get
something done in that neighborhood. So, I look for you back out here when
you visit that park and see that it's not up to the standards that Charlie
Hadley would want it, that you come down here to raise hell with me again.
Thank you.
Mayor Ferre: Thank you, and I completely subcribe to the statement you made.
Alright, is there any other statements that anybody wishes to make at this time?
Ms. Burton: Mr. Mayor, may I speak again?
Mayor Ferre: Yes.
Ms. Margaret Burton: It was not the intent of the Memorial Committee to in anyway stop
any decision on this particular park, but the Commission has given the charge
to the Memorial Committee to investigate and to give to the Commission the
necessary information. As Mr. Dawkins just said, this was not done. The
Committee is in the dark. We did not have the choice of knowing these things.
These are the things that we are asking that be presented to the Committee that
we can speak intelligently to you.
Mayor Ferre: Thank you, Margaret.
Ms. Burton: We are happy to work with you in every possible way and we are
in no way trying to stop any action on this particular park. Thank you.
Mayor Ferre: Thank you, Ms. Burton. And I wish to personally attest. I
know that you are a dedicated citizen and that you work voluntarily and do a
lot of good things and I know you are only doing your job and as you see it and
as I see it for the best interest of this community. Now,...
Ms. Burton: And Mr. Mayor,...
Mayor Ferre: I understand Maraget.
Ms. Burton: ... while you are fixing that park, please work on Pace Park.
Mayor Ferre: Yes, we are going to work on Pace Park too.
Mr. Dawkins: All inner city parks.
Mayor Ferre: Alright, now, let me tell you something. The Committee may be
in the dark about who Mr. Charlie Hadley is, but the community is not in the
dark/as you have seen here today. Now, we have a committee and you know that
I am a fervent admirer and a fervent... I insist that the Committee be used,
because otherwise, let's disband the Committee end we don't need a Committee
to rename streets and parks. It's called the Memorial Committee. It has always
existed in Miami. Now, Mrs. Burton, you are going to have to read between the
lines and I don't want anybody to misunderstand. There are special circumstances
Fb
MAR 11 1982
why perhaps time was important and we wentland I think our colleague Miller
Dawkins was eminently correct in doing it this way and I commend him for his
initiative. We went the best route. You know what the best route is when you
have to do things a little bit quicker? You call a public hearing. Now, a
public hearing is advertised in the newspapers and that includes the Miami Times
and besides it being advertised the newspapers are giving this a lot of publicity.
So, anybody who has an objection or who is an objector could have been... had the
right to be present. Now, we have heard from over a dozen community leaders and
young people... I really like that. I especially appreciate the young people
coming here to express their position, but we also had a man who is busy and
as important as Dewey Knight and I want to tell you that he is very
deceiving man. That man that you see sitting there in all of his greatness
also happens to be one of the most important men in this community and if I
had to pick four or five and I don't mean to embarrass you Dewey, but if
I had to pick four or five of the shakers of this town and you were to limit me
and say count them in one hand, who are the people that make things happen
in this town there is one them sitting right there. And the fact that, that
man is taking of his time ---he has been sitting there for two and a half hours
and I'm sure he has got fifty people waiting on him to see if they can get him
to move on something to save some program or do one thing or another or pressure
him to do something or other Iand he is taking his time to be here it tells you
something. Now,...
Mr. Dawkins: Mr. Mayor.
Mayor Ferre: I want to say one last thing and then I will keep quite. The
Black community has in Miami and in America, but especially in Miamitthere are
three strengths that I think, that I would like attribute to the Black community
and I think these are particularly salient points as I have dealt with the
Black community. Now, I want to talk about Leah Simms a little bit in
those terms. One is perceptiveness. A second one is a kind of jaw breaker,
it's a hard word, but I think it's called perspicacity. You can go to your
dictionary and look that one up. And the other one is generosity. Now, Charlie
Hadley, Charlie Hadley in my opinion symbolizes those three qualities. He is
a tremendously perceptive man. He almost... it's almost a intuitive sixth
sense, he knows, he knows. That's a quality that perhaps, I don't know, came
to the Black community out of the years of slavery, perhaps of not having the
freedom of functioning as other human beings did. That perceptiveness, that
ability to know, you know, and that's such a Black quality. The other one is
perspicacity and that's an astuteness, that's an ability to be street -wise.
It's a quality that goes beyond intelligence. He is intelligent, but he has
perspicacity, he is street -wise. He knows... it's a common sense astuteness.
And the third one is generosity. Charlie Hadley is a man who for years
symbolizes a tremendous concern for the well-being of others. That's what
Les Brown is all about, that's what Dewey Knight is all about, that's what
Bob Simms is all about. It's called generosity. As an American, I have got
to tell you.,and I am biased.. I don't think there is a group of people... there
is anybody that is more generous than Black Americans and I want to say that
Charlie Hadley represents that. Now, lastly, because the red light is up
on me and we got a new rule here, we can't talk too, much. I want to... just
one more sentence. Lean Simms was appointed and my colleague J.L. Plummer
and I thank you for it, went out of his way to point out the intelligence of
the Governor, but you know, it's of little value that Leah Simms was appointed
because she didn't get re-elected November 2nd, and that's where the Charlie
Hadleys of Miami come in. Now, a lot people, you know, they kid me, they
say "Yea, well, you know, Charlie Hadley is part of the team and he has helped
get you elected and this is just your way of dealing politically with it.9 I
want to tell you something. I want to tell you something, that may be true.
I got no... I'm not ashame to say that Charlie Hadley helped me get elected and
got me elected. I'm proud of that. That's not the point. The point is that
the Black community in years passed had very few things going for it. It had
thi, Civil Rights Movement, Martin Luther King and all the people, Theodore
Gibson, and all those people that stood up and got arrested back in the 50's
and Gu's and took it head on. It also had the preachers. Thedford Johnson
is here. God for all those present and past ministers that kept that
Black community together when there wasn't a hell of slot else to keep them
together. Economic... there were no economic conditions, there was little
hope, there was little future and it was the churches and those ministers
that kept that community together. And the other thing that is the power of
the Black community and I will tell you I saw it this November, is the vote.
And so, I think when we pay tribute to the Black heroes of America, we have
got to pay tribute to the Martin Luther Kings and the Theodore Gibsons because
they did stand up during the civil rights process recently. And I'm not
66
sy... 1 '1 19UZ
limiting it to people like that, there are many who have done that. But you
also have to pay tribute to the preachers like Martin Luther King and Thedford
Johnson, and many. And you also have to pay tribute to the people like Charlie
Hadley who went out and got dust on their shoes and made people like Maurice
Ferre and Claude Pepper and many, many others believers. And Margaret, under
normal circumstances I don't think that we should be doing this, but these are
abnormal circumstances I and I think that it's time for us to stand up for Charlie
Hadley.
Mr. Dawkins: Mr. Mayor, since I made the motion once, I also called for the
public hearing and it is evident that the majority of those who took time to
come here are in favor of changing the name. I make a motion that we change
the name from Manor Park to Charlie Hadley Park.
Mr. Carollo: Second.
Mayor Ferre: Further discussion, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 82-217
A RESOLUTION RENAMING THE CITY MIAMI MANOR PARK, AT 1300 N.W.
50TH STREET, THE "CHARLIE HADLEY PARK."
(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.
FURTHER DISCUSSION:
Mayor Ferre: And thank you, all of you for taking your time.
Mr. Dawkins: Mr. Mayor, before this goes I also would like... I don't know
whether to do it as a motion or to ask Mr. Manager... to let Mr. Howard work with
me and visit all of the inner city parks to find out what is need to bring these
parks up to provide the services that are needed and I will report back to the
Commission and we see what can be done.
Mayor Ferre: Alright, the Chair will take the prerrogative of the Chair to
appoint Miller Dawkins as a Committe of one to deal with this issue and with
the City Manager, Howard.
Mr. Gary: That's Manager Gary.
Mayor Ferre: I was just repeating what Miller Dawkins said. Go and visit the
parks, Mr. Gary, and return back here.
23. BRIEF DISCUSSION: POSSIBLE DEMOLITION OF BOOKER T. WASHINGTON
HIGH SCHOOL
IF
Mr. Mayor: I would like to introduce a motion in order that we pass a resolution
urging the Dade County School Board not to tear down the Booker Washington High
School.
Mayor Ferre: I want to talk about it. We have already done that, but we can
67 MAR 111982
reaffirm that. This Commission has already gone on record... Theodore Gibson
made the motion, but I will be happy... but I would like for you wait until
Arvah Parkes is here this evening, because I have got a little surprise for
her. Is Arvah Parkes here now? Les Brown? Is Les still around? Let me
ask you a question. You were there, I saw you on the television. You did a
nice job there Les on Booker T. Washington. Was Arvah Parkes or any member
of the Historical Society and the —it's called the... what's it called J. L.,
the Foundation? Heritage Trust... anybody there representing the Heritage
Trust?
Mr. Les Brown: No, not at the hearing yesterday.
Mayor Ferre: Yes. Now, I notice when the flashed Booker T. Washington, it
said 1926 on the date. Now, Dewey, since you deal with the Heritage Trust
like I do and all of us. I would just like to make a little editorial comment
along with my buddy Demetrio Perez. I would like to know why the Sears Tower
that was built a few years later is such an important tower and there is such
a move of foot to save the Sears Tower. And isn't it strange that nobody from
the Heritage Foundation showed up to save Booker T. Washington that was built
in 1926 or is it that heritage is not equal yet in our community and I just...
I hope I'm wrong on that, but I would commend to you that you ask the Heritage
Trust Foundation and Mrs.... Ahh, Mrs. Parkes, I would like to... would you
step forward for a moment because I want to ask you a question. We are talking
about the Heritage Foundation and we are talking about the Sears Tower and Mr.
Les Brown and others were yesterday at the Booker T. Washington, at the hearing.
Were you or anybody of the Heritage Foundation there at the hearing for
Booker T. Washington?
Ms. Parkes: well, I was not there.
Mayor Ferre: Was anybody there from Heritage Trust?
Ms. Parkes: I don't know, I really do not represent them.
Mayor Ferre: Historical Association or anybody interested in the well-being
of preserving historical buildings, because my question is, is Booker T.
Washington as a historical structure, 1926?
Ms. Parkes: Ok, it is absolutely a very extremely important historical
structure.
Mayor Ferre: Is it as important as the Sears Tower?
Ms. Parkes: It's just as important as anything that there is.
Mr. Dawkins: To Black folk it is, I don't know about to nobody else.
Mayor Ferre: Well, I just have a question and that is how come everybody is
going to be here, you know, to save the Sears Tower and nobody showed up to
save Booker T. Washington?
Ms. Parkes: I had no notice of it or I would have been there, I can assure
you.
Mayor Ferre: Thank you. Thank you, very much.
24. DISCUSSION ITEM: DADE COUNTY SPORTS AUTHORITY
Mayor Ferre: We are now on Item F, which is the Dade County Sports Authority.
Mr. Gary: Mr. Mayor?
Mr. Carollo: Mr. Mayor, if I may, I'd just like to share with all of my
colleagues here the consensus of hours of discussion that I had with Mr. Robbie,
!•
MAR 11 1982
that I agree with him on doing. Of course, whatever this Commission does
depends on a majority of the votes here, not on what any one member will like
to do. Basically, the text of conversations that I had with Mr. Robbie has
been that we will give the Sports Authority of Dade County an extenstion up
until the time that the legislature end the session so that hopefully they could
get their request from the State Legislature in order in the same time with
Broward County and that I would be willing to relinquish the Orange Bowl: and
the Baseball Stadium in return for the Sports Authority and/or Dade County to
build a coliseum in Downtown Miami. A colosseum will probably cost approximately
forty to fifty million dollars, while the worth of the Orange Bowl and Baseball
Stadium has been estimated at approximately thirty-five million. So, I think
that would be a fair exchange. Besides that we discussed naming the stadium
at the site which they are now presently talking about up in North Dade, the
"Miami Dolphin Stadium" and in as far as the City's three appointments to
the Sports Authority, that we would have the same rights with our appointments
as Dade County has with theirs. Those are the three points that we discussed.
I will be making a motion on that the minute we are done with some discussion.
I think that Number one, that is a fair proposal for the City of Miami and for
Dade County also. And at the same time no one can point their finger at us
and say that we are the bade guys, that we are the people that because of us
the Sports Authority fell through or something that could have been accomplished
was not accomplished. I trust that what Mr. Robbie volunteered to do and that
is to be a mediator between us, the Sports Authority and Dade County, would
be fruitful. I think we all know Mr. Robbie's reputation for a very shrewd
and hard negotiator, don't we J. L.?
Mr. Plummer: You are doing the talking.
Mr. Carollo: And the minute we are done discussing this I will be making a
motion to the effects of what I stated here.
Mr. Ernie Fannotto: Mayor, I would like to say a little something before he
makes the motion.
Mayor Ferre: Well, well, now, you just hold your horses, Ernie, because the
members of the Commission have priority over you.
Mr. Fannotto: You are not going to vote :-efore we speak, are you?
Mayor Ferre: No, you are not going to do any talking until we finish talking.
Mr. Fannotto: No, but I mean, he is making a motion. You are not going to
vote on that?
Mayor Ferre: No, you just sit down. Now, are there any members of the Commission
that wish to say anything on this subject?
kr. Plummer: Mr. Mayor, first let me congratulate Joe for being able to sit
down with the gentleman and talk. Second of all...
Mayor Ferre: And stay for more than half an hour.
Mr. Plummer: Yes and survive for more than a half hour. Joe, I would hope
that the Clerk would forward these minutes to Mr. Harrow, because it has
been... and I don't want anybody to travel under a false illusion. I faught
like a tiger on behalf of this Commission policy that the Authority itself
contain the name Miami. Absolutely, no way. Second of all, I faught for
greater representation of the City of Miami in numbers and to make it's own
appointments. No way. I think we are now looking at realistically, that we
are going to be a nineteen member board, nine from Dade, nine from Broward and
one appointed by the Governor. One of the things that Broward County did was
that they were contemplating building a colosseum in Fort Lauderdale and it
is my understanding they have withdrawn pursuing a colosseum in favor of a
facility of a regional type of facility. Whatever is the position
of this Commission I will take to the Sports Authority, but I think also, Mr.
Gary will have to appear before the County Commission, because if there are
to be major changes made in the by-laws that has to be done by the Metro
Commission. It cannot be done by the Sports Authority.
Mayor Ferre: Ok, any other statements?
Mr. Dawkins: Yes, my only statement is that, I'm in favor of building a
stadium with Broward County, I couldn't care who did it. But I would sincerely
69 MAR 1982
hope that in the event that we are to give up the Baseball Stadium and the Orange
Bowl, that before we deliver the deeds for these two parcels of property, that
whatever we are to receive in exchange is in place debt free. That's the only
thing that I would have to say.
Mr. Carollo: Well, Miller, there is an old saying that says "No,ticky, no
laundry".
Mr. Dawkins: Alright. So, you and I are on the same wave length.
Mr. Carollo: We are only discussing possible compromises. We have a long way
to go still.
Mayor Ferre: Any other statements by members of the Commission.
Mr. Plummer: Let me... one other clarification. Joe, you know, when the by-laws
were made of the Sports Authority there was in fact a deadline placed, that if
the City did not turn over by either April...
Mr. Carollo: November of 1983, if I recall.
Mr. Plummer: April or May, isn't it? April of 1983.
Mayor Ferre: Yes.
Mr. Plummer: That in fact we automatically lost representation. Now, what
are you....
Mr. Carollo: That's right, it is April, November is the elections.
Mayor Ferre: That might happen too, but we will cross that...
Mr. Plummer: But I mean, are you extending, Joe, the deadline of today to
that deadline?
Mr. Carollo: No, no, J. L., you misunderstood me. What I am extending is the
deadline of the original motion that we made to pull out...
Mr. Plummer: Right.
Mr. Carollo: ... until whatever date the State Legislature ends its session.
Mr. Plummer: Which is proposed to be the 18th.
Mr. Carollo: Well, April 20th, may be later...
Mayor Ferre: But it's going to be extended. It's going to be extended. Alright,
would you make your motion, that way we won't have any...
(BACKGROUND COMMEND OFF THE PUBLIC RECORD)
Mayor Ferre: No, sir. No, sir, I have never done that to you before, Ernie.
Alright, now, make your motion so we know what we are talking about and I will
see if there is a second and then we will hear from Ernie.
Mr. Carollo: The motion, Mr. Mayor, is a motion to extend the original motion
to withdraw from the Sports Authority until such date as the State Legislature
ends a session.
Mayor Ferre: Extend its session.
Mr. Carollo: Ends the session.
Mayor Ferre: Well,... see, there may be a... see, technically there is a
signy dye that comes up now in the end of March, then the Governor extends it,
the speaker or the President can extend it for four days and then the Governor
can,call it back for thirty days.
Mr. Carollo: Well, Maurice, when I say ending session I'm talking about after
all extension are done.
Mayor Ferre: Ok. Alright.
70 M A IR I i 1982
t
Mr. Carollo: Because we don't know might happen in a future extension.
Mayor Ferre: Ok, I think it's important that, that clarification be made that
it end the current series of sessions dealing with taxation, which is really
what we are...
Mr. Carollo: Now, what we are hoping to accomplish here, of course, is that
in that time the Sports Authority can convince the Legislature to acquire the
economical help that they are asking for and then we will have to sit down and
go over those three points that I mentioned here. In the meantime, that also
gives Mr. Robbie the opportunity to serve as a mediator and hopefully we can
get something positive accomplished.
Mayor Ferre: Is there a second to that motion. You heard the motion. Is there
a second to the motion?
Mr. Perez: I second.
Mayor Ferre: There is a second to the motion. Is there further discussion?
Alright, Mr. Fannotto, the Chair recognizes you.
Mr. Ernie Fannotto: Ernie Fannotto is my name and I'm President of the Taxpayers
League Miami and Dade County.
Mr. Carollo: Can we have your home address for the record, Ernie?
Mr. Fannotto: 140 Northwest 9th Avenue.
Mr. Carollo: Thank you, Ernie.
Mr. Fannotto: I would start off by saying the Orange Bowl has been a landmark
in the City of Miami. It is a paying proposition, it's known all over the
Country. They just had the football game, the Orange Bowl. They had a big
show on the air all over the Country and I think the Orange Bowl means more to
us than the Dolphins mean to Robbie. And I will tell you what I think. I
think you are making a mistake and if you do what you are doing, do it with an
amendment that the taxpayers will not be shortchanged and not be catered to
a little bit. Let's make it this way, if you are going to vote on what you
are doing, do it with a referendum of the people, give the voters and taxpayers
in this City a chance to vote. Let them vote. Now, you are only an employee,
an elected official of the City of Miami. The City taxpayers own that stadium
and you haven't got any right to give it away without the approval of the
taxpayers. And I want to tell you something else, if you do give it away I'm
anticipating a lawsuit, get an injunction against the City Commissioners of
this City giving that away until the courts decide who is right and who is
wrong. I want to tell you something else, they are trying to get a lot of
money. They don't have any security to give you for the Orange Bowl if they
fumble the ball. They want to use the Orange Bowl as security to build the
stadium. And what if they fumble the ball? Where are you coming in? What
do you have as security? You don't have a thing as security Commissioner
Carollo, but I want to tell you something else, they are trying to get money
from the State. And you know, something if I was part of the Senior and
Speaker of the house, they don't come first. You know who comes first, crime.
You know who comes second, property taxes. You know who comes in the other
order, education. You know what comes next, transportation. You know where the
Dolphins come, last on the . And if you folk get that money and you
have to administer it from the State, you have a responsibility as business
people not to let the glamour of a football team give away public property...
I mean taxpayers property. You are over stepping your bound doing what you
are doing. You are not over stepping your bound if you allow the taxpayers
to vote in the next general election and then turn it over. You can recommend,
but it's not legal to do what you are doing and I urge you to add an amendment
to what you are doing Commissioner Carollo and if you don't, I'm going to tell
you something else and this is not high pressure politics. You are going to
have a report card that's going to be voted on in this election and I'm going
to tell you, if you double cross the taxpayers without giving them a chance
to vote, your report card is going to be marked unsatisfactory.
Mayor Ferre: I have heard that before.
Mr. Fannotto: Well, you are going to hear it again and you are going to hear
it again and I don't want to talk about the last election, because if you
do there may be a lot of hurt feeling here, but I do want to tell you. you
71 MAR 111982
I
13
don't own that Orange Bowl. The City taxpayers own it and you don't have a
right to give it away without a referendum and a vote of the people.
Mayor Ferre: Thank you, Ernie.
Mr. Carollo: Ernie, let's see, I'm not quite sure I understood what you
were trying to say, you want to go over that again?
Mayor Ferre: Oh, no.
Mr. Fannotto: You know, Commissioner, I can't hear so good without my glasses
on.
Mayor Ferre: Alright, Dr. Theede?
Dr. Theede: Dr. Theede, 150 Southwest ?th Street.
Mayor Ferre: By the way Dr. Theede, I saw that some of your competition got
some free publicity in Tropic Magazine. Now, have you protested that?
Dr. Theede: Ten years ago I had a full page on Sunday's paper, so I can't
really complain.
Mayor Ferre: Alright.
Dr. Theede: I have some questions to ask Commissioner Carollo and I think these
same questions go to the whole Commission. Right now we are having a rate of
sixteen percent on municipal bonds which means that whatever we build we are
paying...
Mayor Ferre: 13.6.
Dr. Theede: Oh, it dropped?
Mayor Ferre: It never went up to sixteen, Ma'am.
Dr. Theede: Oh, yes, because I have friends that bought a million dollars
worth at sixteen percent and they were very happy.
Mr. Plummer: You are speaking... you are both right, I hate to say that, but
you are both right. She is talking about revenue bonds, you are talking about
a full faith in credit, a big difference.
Mayor Ferre: Now, the last time we sold bonds was 13.06
76
Mr. Plummer: But that was with the good faith and credit of the City. She
is talking about revenue bonds which they are projecting to come in on the
stadium at about sixteen percent.
Mayor Ferre: Oh, I see.
Dr. Theede: Ok, so this means that we are buying five stadiums instead of one,
but more important in the past couple of months in this very Commission meeting
and this morning I heard you discuss the fact that you thought you should
spend six hundred dollars a year for a child as opposed to twenty-nine hundred
dollars a year for child care. I see you straining and groaning Mayor Ferre,
but we have priorities and somehow or another these priorities are being turned
up side down and I think the Commission ought to take a good look at their
priorities and we ought to take a good look... are we as citizens of Miami being
taken? I question this. But the main thing is, you are talking about big money,
you are talking about a large financial debt on the taxpayers and you aren't
giving them a chance to speak. Now, whether you call it a straw vote or an
official vote, I think really the citizens of Miami should have a chance to
speak on the issue before you go any further and to make commitments that you
might not can either back out of or might not can carry through.
Mayor Ferre: Thank you, very much, Dr. Theede. Alright, now we have a motion
and a second, is there further discussion call the roll.
72
MAR 11 1982
9
The following motion was introduced by Commissioner Carollo, who
moved its adoption:
MOTION No. 82-218
A MOTION TO EXTEND THE DEADLINE PREVIOUSLY SET BY THE CITY
COMMISSION TO WITHDRAW FROM THE SPORTS AUTHORITY UNTIL SUCH
TIME AS THE FLORIDA LEGISLATURE ENDS ITS CURRENT SERIES OF
SESSIONS ON TAXATION.
Upon being seconded by Commissioner Perez, the motion was passed
and adopted by the following vote:
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES:
ABSENT:
DURING ROLL CALL:
Commissioner J.L.Plummer Jr.
None
Mr. Carollo: Can we wait for Mr. Plummer, since he is our illustrious member?
Mayor Ferre: Yes.
Mr. Carollo: Can we wait for Mr. Plummer since he is our illustrious member
of the Sports Authority?
Mayor Ferre: While he is coming back, I'll ask my friend Lazaro Alvaro
to go get Plummer so we can vote on this. Do you want to go get Plummer
so we can vote? But while Plummer is coming back, let me express-- before
I vote I want to express my possition. I didn't do it before, because I
didn't want to get into a debate with Ernie Fannotto. This way I can protect
myself because I'm doing it only as a vote and the matter is done.
Mayor Ferre: Let me ask answer both Dr. Theede and Mr. Fanatto. In the first
place, the property does belong to the City of Miami and therefore to the
citizens of Miami, taxpayers and otherwise. It does not belong to the taxpayers
because the advaloren taxpayers did not pay one, not one red cent for that
facility, not one. That particular thing called the Orange Bowl Stadium,
land and all, was paid for in its totality by the users. It is one of the
few and only and best examples in the United States of a major facility, not
paid for by ad valorem taxes. It was paid for through borrowing and the
repaying for that borrowing by the money made by the stadium. It was therefore
not paid for by the taxpayers. It was paid for by the users. Now, therefore,
it was built by the users, by the users.
Unidentified speaker: Taxpayers!
73 MAR 11 1982
he) �7
Mayor Ferre: No, sir, not one cent. Mr. Fanatto, I'm not arguing with you,
I'm telling you, the history of that is very clear, that facility was paid
for by a bond issue paid for by the users, not by the taxpayers. Now, the
fact is that it is time for us to move ahead to build a new stadium. The
decision as to whom is going to pay for the new stadium is not going to be
made by this Commission. It will. be made by the Metropolitan Dade County
Commission and by the Broward County Commission.
Vow, so if you ever go'tell them about your priorities. I personally am opposed
to any ad valorem taxes being used to build any sports facilities. I'm
opposed to it. I'm on the record, again. What we're doing here and what
we're talking about is the trading of a property for a property, for a value
for a value; and I think frankly that we're a lot better off as a city with
a brand new colosseum where we could play professional basketball, hockey,
boxing, tennis matches, revivals, political conventions and a 200,000 foot
exhibition hall than have a stadium which requires several million dollars'
worth of repairs every other year. And let the County and Broward County
worry about a multimillion, hundred -million, two -hundred million dollars
stadium which is going to be used at most 150 times a year and by the Dolphins
twelve times a year, and that is going to be a burden and an expense. Our
stadium, our colosseum that we're going to build in downtown Miami is going
to be self supporting. And you know who's going to pay for that stadium?
Not the ad valorem tax payers, not one red cent, not one cent of ad valorem
tax payers' money will go into it! The users are going to pay for it, just
the same way we built the Orange Bowl, same way.
Mr. Fanatto: Are they not taxpayers?
Mayor Ferre: The users are going to pay for it. You're not being recognized.
You're not here. Therefore, I wish to go on record for the reasons that I've
stated here that 1 vote yes for the Motion. I recognize my colleague...
Ms. Hirai: Roll call, Mr. Plummer.
Mr. Plummer: I have some serious problems with the Motion, I want to tell you
that with the basic intent of the Motion I agree that we can trade off the
Orange Bowl and the Baseball Stadium but let me tell you where I fall apart.
Mavnr Ferre: That's all it sav51
Mr. Plummer: No, no, no, it contains other things, Mr. Mayor. That's where
I fall apart.
Mr. Carollo: The only thing the Motion contains is an extention....
Mr. Plummer: Joe, I'm opposed. Number one, I am opposed, Mr. Mayor, to the
extention being anything other than April of '83. I think that was automatic,
O.K., and that were the guidelines which were developed and that's what we
followed through on. I am a firm believer, Mr. Mayor, if we are to negotiate
and eventually come out with something good for this city, we have to be a
part of communications, and if in two or three weeks we suddenly withdraw,
we will have no communications. The second point that I have disagreement
with, Mr. Mayor, as long as I have lived in this community and around the
world it is known as the Orange Bowl. I would have serious objections to
that facility being named anything other than the Orange Bowl. I would
violently... excuse me, not violently, I would strenuously object to anything
other than that facility being named the Orange Bowl. You know, you did not
separate the Motion. If you did, and took those two points out. I will vote
with the Motion. I am stating that as it is stated I have to vote against the
Motion.
Mayor Ferre: That's not in the Motion.
Mr. Plummer: The time frame is not in there?
Mr. Carollo: The time frame is the only thing -
Mr. Plummer: We move that and I'll vote with the Motion.
Mr. Carollo: We don't need your vote, J.L., don't vote with it.
Mr. Plummer: Fine, if you don't need my vote, you know, but I'm telling you,
but I have as the Motion stands, I have to vote n�o..
Mr. Carollo: Let me say this, Mr. Mayor.
P;1A. % 11 1982
Mayor Ferre: Go ahequickly because we have to movin. `
1
Mr. Carollo: What was that gentleman's name again that's in charge of the `
Orange Bowl Committee?
i
Mr. Plummer: Ben Benjamin? Dan McNamare? He's Executive Director.
Mayor Ferre: No, No, the president this year is Charlie Kimble.
Mr. Carollo: That was his same position that you are taking, that it has to
be the Orange Bowl, the name we're going to use. Well, 1 can't help but wonder
a little bit outloud here, it's a fine attitude to take, I admired him for it, but
many Cubans, how many blacks, how many Jews are in that committee? Now,
when he can answer that for me in a way that we can all understand it, or
want to understand it, then I might be a little more agreeable with his.
But in the meantime all that I see is that we have a handful of tokens and
all the rest are the:good of boys. And J.L., I hope you realize, if you
don't now, you will•soon, that the days of the good of boys are long gone
in Miami, or "Miama" as it used to be called.
Mr. Plummer: O.K., that's for certain and all I have to say to that is that
if you want to deal with that particular problem you do such effectively, but —�
not in this kind of a matter.
I
25. DISCUSSION ITEM: MANAGEMENT AGREEMENT FOR THE CITY Ur
MIAMI/JAMES L. KNIGHT COIIFERE14CE AND CONVENTION CEIrrLR.
Mayor Ferre: This issue is now finished and now we have a time problem.
Cesar Odio has a gentleman here from Chicago who has to catch a plane in
a few minutes. Is he gone? Oh, I'm sorry. All right, Mr. Gordon, I
apologize to you. All right, quickly now, come on. What item is this?
Mr. C. Dean Hofineister: This is item M on the agenda.
Mayor Ferre: The reason we are taking it out of turn is that Mr. Gordon has
to catch a plane for Chicago in a few minutes, 34 minutes, so speak quickly.
Mr. Hofineister: That's right, fine. As outlined to the city in the official
statement that was used for the bond sale for the Knight Center, the city
is required to appoint under agreement a professional management firm with
five years of experience.As authorized by the Commission we proceeded in
September to draft an agreement incorporating all the needs of the University
and the Advisory Committee. I submitted that draft to the bidding firm
F.M.G., Inc. That draft was not accepted because it varied too greatly from
the original bidding specifications. We then conveined an Advisory Committee
meeting and upon their advice to come back to them with an agreement as
closely adhering to the bidding specifications as possible. We did that, and
that is the draft that you have before you. We have had meetings with the
University of Miami, and they have enumerated some items in addition to the
draft that you see there that we will certainly satisfy before a final agreement
is concluded.
Mayor Ferre: Thank you, Mr. 1ofineister. I saw Mr. Cole here, is there a
representative of the University of Miami here?
Unidentified Speaker: Yes.
Mayor Ferre: Would you step forward, sir? Has the University of Miami gone
through this contract and in general, I know there are some specific problems
that you still have that will be worked out, but other than those, are you
in general agreement with this?
11r. Darold Gordon: Yes, sir, Mr. Mayor. with the conditions that we set forth
in the letter to the city. That's the letter to which Dean Hofmeister referred
to a moment ago.
Mayor Ferre: The conditions are not onerous or impossible to meet,
are they?
Mr. Gordon I think not, and Dean Hofmiister has indicated that they will
be met.
Mayor Ferre: Mr. Hofineister. are the conditions onerous or in any way difficult
to meet?
Mr. 11ofmvister: No, I do not think so, Mr. Mayor.
Mayor Ferre: They are reasonable and....
Mr. Hofineister: Very reasonable.
76
MAR
Mayor Ferre: I see, O.K. Now, as I understand it, that under the specifications
that we have, there are basically only two firms in the country that can really
basically do this kind of a job.
Mr. Hofineister: Actually on analysis of the bids submitted, there was only
one firm that met clearly the five year experience qualification.
Mayor Ferre: All right, and we're stuck with that.
Mr. Hofineister: Yes.
Mayor Ferre: All right, that's part of the agreement, and the bonds, and the
University of Miami and all that.
Mr. Hofineister: That's right.
Mayor Ferre: All right, let me ask you this question. Is $140,000 a reasonable
figure. Is that the art, the state of the art, or the reasonable figure, that's
a lot of money.
Mr. Hofineister: As best as I have been able to determine through a survey
of other facilities in the United States, that is a reasonable fee.
Mayor Ferre: In you opinion, then, this is the going price for this type of
a facility, for this type of a contract.
Mr. Hofineister: Yes, sir.
Mayor Ferre: We're not being taken, in other words.
Mr. Hofineister: :lot in my opinion.
Mayor Ferre: O.K., I just wanted to get that on the record. Do you want
to introduce the gentleman representing...?
Mr. Hofineister: Yes. I have here renreRentinp, the bi�c�i*� firm F,M.r..
Inc., Mr. Harold Gordon, their counsel, and the Executive Vice Presideni of
the firm, David Skinner.
Mayor Ferre: All right, Mr. Skinner, Mr. Gordon, we apologize for holding
you up all day like this. We know you have to catch a plane.
Mr. Skinner: We well understand. sir.
Mayor Ferre: Well, are there any questions of Mr. Gordon or Mr. Skinner?
Any questions? All right, is there anything you want to say to us.
Mr. Skinner: Well, the only thing that I can represent to you is we reviewed
the University's letter and it is'not onerous and we think we can live with them.
Mayor Ferre: Mr. Manager, Mr. Odio, would you have somebody tell Commissioners
Dawkins and Plummer that we're getting close to vote on this, we'd like to
have them present. Any further discussion on this item?
Mr. Carollo: Yes, Mr. Mayor, I would just like to ask the Manager if he
recommends this
Mr. Gary: In all candidness, Mr. Carollo, in view of the fact that we have no
choice in the matter because of the bond covenant. In fact this is the only
firm that is qualified under the restrictions of the bond covenant that I do
recommend it.
Mr. Carollo: And of course, the University of Miami recommends its own.
Unidentified speaker: Mr. Carollo, asuming that the conditions mentioned in the
letter that we mentioned a little while ago are met, and we've been told
they will be, we're satisfied.
Mr. Carollo: Based on the recommendations of the City Manager and the
University of Miami, I move.
7 7 MAR 1 � 198Z
Mr. Dawkins: Second.
Mayor Ferre: All right, further discussion?
Mr. Perez: Mr. Mayor, I would like to know first why, how they selected this
company. Did they have any bidding opportunities?
Mr. Hofineister: In Spring of last year we did a bidding process, which
unfortunately had to be suspended because of the recent decision by the Third
District Court with regard to bidding procedures. We reinstituted another
bidding procedure on the basis of bidding specifications and on those bidding
specifications we advertised nationally, we had about four firms that had
written in and requested copies of the specifications and two firms that had
_ submitted proposals to those bidding specifications. Of the two firms that
_ submitted their proposals, this firm in our opinion, met the five year
experience qualification.
Mayor Ferre: Further questions?
Mr. Perez: We don't have any local firms able to compete for this bidding?
Mr. Hofineister: Not one that could meet the five year experience qualification
in the management of facilities of this type.
Mayor Ferre: Let me see if I can review that so that we can understand it.
We went out and sold $66 million worth of bonds. In that we got some
insurance, which cost us a lot of money so we could get a triple A rating
to buy those bonds. When we signed the contract when it came before this
Commission, we agreed, so we're legally bound to certain things. One of the
things that we agreed to do so that the people would lend us the money, is
that we would get a professional company to run this operation, and they,
the lendor, said: "All right, here are the kind of people we want. We want
somebody who has had five years experience." Now when they put that into the
record and we agreed to it, there is no company in Florida that has five years
experience in this business.
Mr. Hofineister: That's right, sir.
Mayor Ferre: So that's why we are where we are. The only thing that I was
concerned about which is why Joe asked that questions is: one, does the
Manager recommend; two, does the University of Miami, with the stipulations
that Mr. Cole put in, recommend; and three, is this an average around the
country. And the answer to all those three questions is yes. At this stage
of the game I think we have little choice.
Mr. Gary: Mr. Mayor, I think it is important for Commissioner Perez's note
that not only is it a company not locally having the five years experience,
there is not one nationally having the five years experience, so we have to go with
them.
Mr. Perez: What I don't know, Mr. Mayor, is in this kind of deal, I don't know
if the City of Miami has to pay all the expense and all the salaries, what do
we have to pay $140,000 what is it to be used for?
Mayor Ferre: Let's ask Mr. Gordon and Mr. Skinner that. The question to you
sir, is that we're paying all the salaries and all, what are you going to do
with $140,000?
Mr. Skinner: We will try to book your facility, keep it busy, maintain
your facility in a first class manner, and hopefully, well you say a profit,
if can be produce a profit for that facility, yes sir. We currently operate
the Superdome and some other... Well, the question was raised about experience.
The record of our company speaks for itself. We operate the Superdome in
New Orleans, Nassau Colosseum in Long Island, Mosconi Convention Center in
San Francisco, and the Long Beach Entertainment and Convention Center. In
every single operation that our company has undertaken, we have shown financial
improvement. We think that speaks for itself.
Mayor Ferre: And you forgot to mention our good friend A.N. Pritzker that nas
a lot to do with it too.
LILlidL-11tified Speakur: He has many interest, let's say, ours in ohe of them.
78 MAR 11 1902
t,
Mayor Ferre: Well, he happens to be a favorite of some of us in this community
even though there are some at a local newspaper that had some diverse opinions,
but we don't share any of that. O.K., further questions? if not, call the roll.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 82-219
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH
FMG, INC. FOR MANAGEMENT AND OPERATION OF THE CITY OF MIAMI/
UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CONVENTION
CENTER, FURTHER RESCINDING ALL PROVISIONS OF RESOLUTION NO.
81-804 ADOPTED SEPTEMBER 24, 1981, IN CONFLICT HEREWITH.
(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 J. L. Plummer, Jr. **
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner Demetrio Perez, Jr. ***
ABSENT: None.
ON ROLL CALL
*Mr. Carollo: Let me say this for a vote, I have great reservations in voting
for this, specially since I know a chap that used to sit in that musical chair
where you're sitting, Mr. Gary, is very involved in this. However, under your
recommendation and the recommendation of the University of Miami is the reason I made
the motion and I vote yes
** Mr. Plummer: In given an offer we can't refuse, I vote yes.
*** Mr. Perez: I accept the recommendation, but anyhow I don't think that it is
.a fair deal, and I vote "no".
26. PERSONAL APPEARANCE: DR. TED PLACE REQUESTING FINANCIAL
AID FOR EASTER SUNRISE SERVICE
Mayor Ferre: All right, if you have a time problem, tell us why for the
record, name and address and why you have a time problem.
Mr. Victor Logan: Mr. Mayor and Commissioners, item numbre 9 on the agenga is a
presentation by Dr. Ted Place, who must leave for Gainsville immediately
my name is Victor Logan, my address is 7210 Red Road. and I sit on the
Board of the Ted Place ministries, who has a presentation to make. Since
he has never come before this Commission I thought I would ask for the
courtesy.
i Mayor Ferre: All right, he has to leave for Gainsville?
i Mr. Logan: Immediately.
79 MAR 111982
c
Mayor Ferre: Is he catching a pl4ne?
Mr. Logan: No, he's driving. That's why it takes longer to get there.
Mr. Carollo: Six and a half, seven hours.
Mr. Logan: Yes, he has a commitment there.
Mayor Ferre: Would you concider that an emergency?
Mr. Carollo: It's a long drive.
Mr. Logan: All right, thank you sir.
Dr. Ted Place: Thank you, gentlemen, honorable Mayor and honorable Commissioners,
Dr. Ted Place is my name, I'm the president of Ted Place Ministries, address
9345 S.W. 116th Street. I'm also the vice president of the Metropolitan Fellowship
of Churches. One of your magnificent facilities, the Miami Marine Stadium, has
for 17 years been the side for the famous and premieres Easter Sunrise
Service, the fantastic program that on the early morning hour for just one hour
gathers the community from three to six, seven thousand people gather to share
in this very exciting and we believe focal event in the religious year. Because
it is interdenominational in character, because it is made up those who represent
the religious bodies all across the community, we find this site, your site, the
Marine Stadium, ideal. However, the cost is $1,000 something that we've not had
to pay in previous years. It is within your province and priviledge, I understand,
Mayor Ferre: Doctor... Doctor.
Dr. Place: Excuse me, to make a grant of $1,000 to assist us in such a project.
Mayor Ferre: Let me tell you what our problem is, just so that you, I know you
have a long drive and I want to help you as much as I can. I am personally
for you and I would be very happy personally, along with I think the rest of
the community, I'm sure to make a donation so that the Miami Marine Service can
be held. We have something in the United States, however, which is called the
separation of the Church and State. We're going to have problems with that with
something that we have and call a "City under one God".
Mr. Carollo: In fact, we're having it tomorrow.
Mayor Ferre: Yes, now let me tell you what the difference between this and that.
The difference between this and that is that in that particular case all
religious denominations, Christians and others, are invited. And therefore, it
is not a church; this has been tested before the Supreme Court and the ACLU is
going to take us to court again, but they're going to lose because as long as
you do not make it exclusionary in the nature of it, if this were a call of
Jesus Christ, or for example, then it would be exclusionary by definition. Now,
Easter is a Christian holiday. And I am a Christian, and I, you know, would be
happy and honored to be there. I've been in past services, Sunrise Services,
and I think they're great. But there are those who are not Christian, and I'm
afraid that what would happen is that we would have a law suit that we could
not defend. The law, the constitution of the United States is very clear. We 4
cannot do this. And not only we, the City of Miami, the County, the State,
the Federal Government could not give you one cent. As I explained, now, Mr.
Knox, you're the lawyer around here, you tell us, you tell me if I'm wrong.
If I can, please, I want to give them the money, if I can do it legally.
Mr. Knox: No, sir, it is our opinion that that would be a violation of the
separation of Church and State inasmuch as the question of the Resurection is
one that is secterian in nature.
Dr. Place: Well, we were encouraged to come and present this by members of your
Commission, sir, and this is what we don't quite understand.
:I
MAR 111982
Mayor Ferre: I tell you, I'll vote for it, and I am with you, but I want you to
know that unfortunately it's unconstitucional.
Dr. Place: Of course, we are representing the Protestant Community in the sense
that it is called Easter, but we are inviting the entire community. We believe
that we need to establish an image, which you gentlemen are extremely interested in...
Mayor Ferre: Doctor, I'm with you, the problem is that it is against the
Constitution of the United States, and...
Mr. Carollo: No. he's not only with you, I think we all are, I certainly am,
but the minute we do that, someone is going to challenge us in court and we're
going to spend $30,000 losing that lawsuit. What I would suggest, Doctor,
that you take the Mayor up on his offer to give you a personal contribution
and at least you walk away with something out of here.
Dr. Place: I'm going to send you all a letter, amen. Thank you.
Mayor Ferre: I'll tell you what, I'll do it in a formal basis, you have
from me, and I'm not trying to say that anybody else who wants to help him
I would welcome it, and you have a check from me personally for $100, all right?
Dr. Place: Splendid, thank you.
Mayor Ferre: You go get yourself some more checks and I'll be happy to, in fact
I'll be happy to help you with it because I think it's a great idea, and I hope
you invite me because I'd like to be there.
Dr. Place: You'll get a letter and you can make out your check to Miami
Easter Services.
Mayor Ferre: I'll do it right now, Is there anybody else that wants to
volunteer? Yes, ma'am, there's a volunteer figh there. All right, anybody
else has an emergency.
26.1 BRIEF DISCUSSIOi? OF CONTRACT FOR MARIIIL DEVELOP2:rIT.
Mayor Ferre: The next item before is item G, Mr. Manager.
Mr. Gary: Mr. Mayor, this matter is still under investigation by the State
Attorney and she is recommending that we do not take up this matter at this time.
Mr. Carollo: What item was that, Mr. Manager?
Mr. Gary: It was G.
Mr. Carollo: Item G?
Mr. Gary: Yes, the awarding of the marina development contract.
Mayor Ferre: Now. as I understand it, the reason that we're not taking that up
is that Janet Reno has not concluded her investigation, is that correct?
Mr. Gary: Exactly, yes, sir.
Mayor Ferre: Have you talked to her?
81 tAlAR 1 I A9Q )
20
Mr. Gary: I've talked to her in terms of giving her statements, but I have not
talked to her in terms of when she plans to complete it.
Mayor Ferre: All right, I don't mean about the statements, I asume you've already
made your statement and all that.
Mr. Gary: Yes.
Mayor Ferre: I'm talking about, have you talked to her about when she is going
to finish.
Mr. Gary: No, but she said shortly so who knows how shortly is.
Mayor Ferre: Well, we have to wait until that is finished before we can move
ahead.
mayor Terre: We're on item n
Mr. Plummer: H we've done.
Mr. Gary: No, we need to talk about the Park West portion. At the last meeting
the Mayor asked that we bring up the status report of Park West.
Mr. Plummer: We took it, the man spoke about the impact fees.
Mr. Carollo: He spoke about it before.
Mr Perez: That's right.
Mayor Ferre: Impact fees, but there is another portion of it.
Mr. Gary: There is another portion of it, which is Overtown/Park West. I'd like
for Mr. Reid to give a status report on this.
Mr. Reid: Mr. Mayor at the last Commission meeting, the Commission asked for a
status report on the Overtown/Park West plan. I'd like to report on two items.
First, with respect to a project director, we have closed the advertisement for
project director and are screening now about 126 candidates. We expect to have
our reccmncndations to the Manager for interview by the end of March and a sclEction
of a Froject director at that time. With respect to revision of plan. i;;'vn ber'n
working with an ad hoc committee, comprised primarily of Overtown citizens; %ye've
had about a half a dozen meetings with that committee. We expect in April to
present a revised plan to them based on the response of our concerns and hopefully
at the end of April, early May, we come back to this Commission with a plan that
has a support of the Overtown Community and deals with their major objections.
The steps that we've taken so far are covered in more detail in my memo. I'd be
glad to respond to any questions that the Commission has.
Mr. Dawkins: No question, but I'd like to commend you for the manner in which
you took to heart my criticism and how you worked to try to correct it, and
keep me informed and helped me to understand what you're doing. I appreciate it.
Mr. Reid: Thank you very much, Commissioner.
Mayor Ferre: I call that progress. Anything else? Do you need any action from us?
Mr. Gary: No, sir.
28. DISCUSSION ITEM: PROCUREMENT POLICY
Ma\'tit
Ferry:
We are
now on item I, which is
a discussion of the procurement
11ul icy.
Mr.
KnL)X-
82
1►�r►1
0
11
Nr, Knox: Yes, sir, unfortunately Mr. Les Fettig, who is the City's
consultant on this matter was not able to join us tody-, and out of
respect again for the five-day rule, we received a copy of his preliminary
report on March 8th and we did not distribute it to you. I can, in about one
minute, give you a sort of an overview as is called for in our agenda....
Mayor Ferre: O.K., go ahead.
Mr. Knox .... and at the same time request that the City Manager schedule this
matter perhaps for a -workshop at our next meeting, so that you will have
had time to review it.
Mayor Ferre: O.K.
83 ii 31198
Mr.Knox: Mr. Fettig hatessentially, two recommendatiot one deal with the
Cnarter, ano he has suggested gust the City Commission establish a procedure
for the placing of the question of t"ie amendment of the Charter to the people
in order to accomplish the following objectives:
1) To recognize the complete spectrum of products services
and projects which the City may need to pursue through contracts.
2) To securely segregate contracts for the acquisition of goods and
services from those which deal with the sale or lease of City
properties or interest therein, and
3) To generally set uniform and competitive standards regarding
our procurement methods.
Mr. Fettig also suggested there can be some amendments to the code, or adoptions
of code revisions, which will, as he says, define a modern menu of competitive
methods and award criteria, ranging from formally advertised sealed bids, on
through flexible methods of competitive negotiations, and No. 2, to provide
parallel and systematic structure for contract for the purchase of goods and
services and the contract for the sale or lease or properties, and No. 3,
to define the conditions under which each of the competitive methods would
be most appropriately used and applied. Now, in a nutshell, the procedures
that Mr. Fettig is assisting the City in designing will insure an open, fair
and competitive process for the selection of those persons who provide profes-
Gi,,nalized services to the City, and also the people of the City of Miami will
have an opportunity to decide upon whether or not modern, up to date procure-
ments methods will be authorized in the City of Miami regarding the perpetuation
of the development activities within the City, and I will provide a complete
copy of this preliminary report, along with his suggested Charter and Code
amendment to you in the interim between this meeting and the next.
Mayor Ferre: Alright. Are there any questions on this? I would like to pass
the gavel over to Plummer to make a motion on this general issue. We, unfortu-
nately, because of both Biscayne Recreation, Watson Island and we have another
one coming up now. We have some potential problems and more than one. You have
got to put all this on the ballot for a Charter change. Now, I would hope
that people do not misinterpret this corrective stuff that we have to do on
the Charter when Mr. Fettig comes up with his recommendations and anything
dealing with Watson Island, because it is not only Watson Island; we have ten
other projects that are directly affected by this. We have got to deal with
this issue. By the way, I want to tell you that not only do we have to deal
with it, but the County has to deal with it. They haven't even begun to deal
with it and the State is going to have to deal with it after that ruling of
the Court. You know, it isn't us that is affected, it is all governments.
Now, I would like to make a motion at this time that we instruct the Law Depart-
ment and the Administration with Mr. Fettig and all those people helping to
put on the ballot a Charter change in September for the people of Miami to vote
on, and the reason I want to do it now, is because we need to tell the Director
of Elections, so that they will reserve a space early on. If we let this
thing go - it has to be done 45 days before September, that would put it in
July. What? Come over here Clark, I want you on the record on this, because
you are our local expert on elections. Yes, I understand, 60 days. That is
not what I want to ask you though. Stay there. Now, we have to decide whether
to put this on the ballot in September, October or November. I think the sooner
we do this, the better off we are, and I would, in a way, rather have it in
NOvember, because more people will be voting in November. I think this is some-
thing we ought to get behind us as quickly as possible. Do you agree with that?
You do. September ballot is what I am saying.
Mr. Merrill: There are some problems with the September ballot....
Mayor Ferre: Tell me what they are.
Mr. Merrill: ...relating to reapportionment.
Mavor Ferre: That is why I am asking you. Tell me, what are they?
Mr. Merrill: Well, assuming that reapportionment is approved and the courts
approve it....
Mayor Ferre: What do you mean, reapportionment? That is going to be on the
ballot in September?
Mr. Merrill: No. If the courts don't approve the reapportionment p1En before
the election, they will have to put every individual person in the Legislature,
160 people, on every ballot. That is what the Supervisor of Elections tells us.
84 Mi R 11 1984'
Mayor Ferre: So, how does that affect September. Do you understand that?
Mr. Plummer: Yes, in order words, the ballot is going to be ecowded wftb otbEg
issues, if in fact they have to put everybody's name on the ballot. That is
what he is saying. Your ballot could be too crowded. It could get lost in
the shuffle.
Mayor Ferre: Are we better off on the October ballot?
Mr. Merrill: Well, it would be better if we wait and see what happens to the
reapportionment. We have plenty of time to do it.
Mayor Ferre: Well, I will tell you. We also have time constraints on all these
different issues, so I would move you air ... Joe, you were out, so I gave the
gavel to Plummer, and all I am saying is, I move you that we instruct the Adminis-
tration and the Law Department to formalize whatever the Charter changes are on
this particular issue, because of the Supreme Court ruling that we put it on the
September ballot and we may change that to October if we have to, but as of now
for September, and I so move.
Mr. Plummer: Is there a second?
Mr. Carollo: Second.
Mr. Plummer: Any discussion?
i Mr. Carollo: None.
Mr. Plummer: Call the roll.
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 82-220
A MOTION INSTRUCTING THE ADMINISTRATION AND THE CITY ATTORNEY
TO FORMALIZE WHATEVER THE CHARTER CHANGES ARE IN CONNECTION WITH
THE CITY'S NEW PROCUREMENT POLICY WHICH IS BEING PROPOSED BECAUSE
OF THE SURPREME COURT RULING AND THAT THE CITY PUT THIS ISSUE ON
THE SEPTEMBER BALLOT OR ON THE OCTOBER BALLOT, IF WE HAVE TO.
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.
ViceMayor Joe Carollo
Mayor Maurice A. Ferre.
NOES: None.
AFTER ROLL CALL;
Mayor Ferre: I just want to make one short statement about that vote. It ef-
fects the so-called garage project that we have in the downtown core business
j area, and it also effects Watson Island. It also affects... there are other
things that are affected. Mr. Manager, I will not be coming up with this today,
but I wish to explain the procedure legally, that I would recommend that we
1 follow. I would like to, on those issues that have that are dependent on this,
j put Course "A" and Course "B". Course "A" is if the Charter Amendment passes.
Course "B" is if the Charter Amendment does not pass. The reason I want to do
it that wayiwith an "A" and a "B", is so that, and I am thinking specifically
of the Miami Herald Editorial Department, and others do not confuse this very
important issue dealing with the Charter change in Watson Island. In other
words, if we say there is Course "A" and Course "B" that we can follow, and
Watson Island does not become an issue, I would hope, in that election, and I
will not .... I will be explaining it further, and I just want it on the record,
--his explains, that this does not impair, for or against, Watson Island, 6o
..11 of a sudden this doesn't become a "Save Watson Islanc" issue, oecaus_�
-; h.: is � "B" alter:zative, then '*A" is no; the _ssue, beca:ae i. we cca't get
we are going to :-we on "B" . X:..' , :.et tel l ya.. w:: _t tr at
85
Mayor Terre: (con't) we don't misunderstand. "A" is if the Charter changes
pass, in both the downtown project and the Watson Island project, to use two
examples. We will then follow the new procedure of negotiations. If they do
not pass, then we must go to a specific bid process, where everybody, unfor-
tunately, but Diplomat World, is going to have to bid. They will be precluded
by law, because they were an interested party in the design.Of course, tnat is not
our choice. That is the choice of the cirumstances, and at that point, we will
then bid a specific project. I would recommend that the bid date opening be two
weeks after the election, for either "A" or "B". I would hope in both cases,
so that we could move along, as the case may be. Now, that is what we are voting
on today. Between now and then we have a lot of discussion, but I think we
started the process by letting the Election Department know that in September
we have got a Charter change that is not a "Save Watson Island" project. Watson
Island is a separate item altogether.
Mr. Carollo: Where are we now?
Mavor Ferre: "J" - fire stations.
Mr. Plummer: Mr. Mayor, one of the things you know, we are going to have to
remember also, is that the Miami Herald is going to have to go on that ballot,
if they do not give up their request for the 50 foot setback.
Mayor Ferre: Why?
Mr. Plummer: It is my understanding that that is to ....
Mr. Carollo: No, no, no. What do you mean, go on the ballot?
Mr. Plummer: Doesn't it, George?
Mr. Knox: Our current Charter Amendment provides that no deviation from the
50 foot setback may be accomplished unless there is a referendum vote.
Mayor Ferre: Yes, but who is going to put it on the ballot?
Mr. Carollo: Right. Are you going to do it, Plummer?
Mr. Plummer: I am not saying that. I am saying that if they don't. You didn't
hear me. I said if they don't withdraw their request.
Mr. Carollo: We still don't have to put it on the ballot.
Mr. Plummer: I understand that.
Mr. Carollo: Unless you think there are three votes in this Commission to do it.
Mayor Ferre: Now wait a minute. That may not be such a bad idea:
Mr. Carollo: No, no, no.
Mayor Ferre: That might not be such a bad idea. We might put the Miami Herald
issue on the ballot.
Mr. Plummer: I just brought it up for informational purposes.
Mayor Ferre: You may want to make a straw ballot out of that. Alright.
86
3
3
29. DISCUSSIDN REGARDING DISPOSITION OF FINE 91AT IONS
NO LONGER BEING USED -AMEND CODE TO ALLOtt C0111iSS10*1 TO
DETERMINE IDSPOSICION OF SUCII.
Mayor Ferre: We have a discussion on fire stations right now.
Mr. Gary: Mr. Mayor, I would like Mr. Walter Pierce, who has been working on
this project to give a status report.
Mr.Walter Pierce:Mr. Mayor, and Members of the Commission. On February 25th, there
was a motion passed, which stated the intent of the Commission to sell to cer-
tain non-profit organizations. In reviewing this matter, we have found that we
cannot do that, just off. There are certain requirements in both the City
Charter and the City.Code, which we are bound to follow. From the Charter
specifically, Section 53(b) requires that we give the public an opportunity to
compete as purchasers and an advertised procedure with final authority, or
approval of any sale, or other disposition to be made by the City Commission.
Then, in the City Code in Sections 18-78 there is the implementing language
and the procedures by which the property can be disposed of, which gives the
authority to the City Manager, who is authorized to initiate the sale of dispo-
sitional property. The first step is that the Manager must try to lease the
property to produce revenue for the City. After that, if that cannot be accom-
plished, we must go before the Metropolitan Dade County and offer the property
to them at the appraised value and then to the School Board if the County isn't
interested. Only after those two steps have been accomplished, can we go to
the general public to sell it. The City Commission then has the final authority
or say-so on the sale.
Mayor Ferre: Lots of luck!
Mr. Plummer: So, what you are saying is, that the Manager, once it is declared
surplus, then has to try and lease it to develop revenue.
Mr. Pierce: Yes.
Mr. Plummer: If not, then it would be for the purposes of sale, and then if not,
the third time it would come to us for disposition.
Mr. Pierce: No, after it had been offered to the County and the School Board
and they have not accepted it at the appraised value, we can then advertise pub-
licly to ask anybody that wants to buy it.
Mayor Ferre: Let me ask you this. Have we declared all these properties surplus?
Mr. Gary: No, I have not declared them surplus yet.
Mayor Ferre: Oh, this is your prerogative under the Charter?
Mr. Gary: Yes, sir.
Mayor Ferre: The City of Miami Charter says that only the Manager declares the
property surplus?
Mr. Gary: Yes.
Mayor Ferre: Do you want to read that to me again, Walter, or George?
Mr. Knox: Yes, sir, the City Code.
Mayor Ferre: Is it the Code or the Charter? I am going to give you a little
amendment to the Code very soon.
Mr. Plummer: Burn it.
Mr. Carollo: Musical chairs.
Mayor Ferre: Is it the Charter or the Code? Read it.
Mr. Knox: Section 18-78 of the City Code.
Mayor Ferre: Yes, sir.
87
r AAR 111982
Mr. Knox: Let me compare the Code with the Memorandum.
Mayor Ferre: I am interested in just the Code, not the Charter. If it is in
the Charter, that is something else.
Mr. Plummer: Mr. Mayor, while he is doing that, may I ask, through the Manager
that the Fire Chief come up? Mr. Manager?
Mr. Gary: Yes, sir.
Mr. Knox: Mr. Mayor, section 18-80 there is an apparent typographical error which
provides that"the City Manager is hereby authorized to instruct the Purchasing
Agent to sell to the public any real property owned by the City not needed for
public use, or that may have become unsuitable for use by any City Department."
Mayor Ferre: Yes, that is Page 4. That is Section 18-78, but I want to tell
you that that does not say at the discretion of the City Manager. I would
like to make the following motion, that Code Section 18-78 be changed in
the following manner ... Mr. Manager... where in the paragraph that begins with
the City Manager,'Othe City of Miami Commission, at its discretion, after the
holding of a Public Hearing, and the finding that the property is surplus, may
instruct the City Manager to authorize, to instruct the Purchasing Agentf etc.$
and I so move the amendment of the Code in that particular area. I will repeat:
#the City Commission, after the holding of a Public Hearing, and finding that
the property is surplus, may instruct the City Manager to instruct the Purchasing
Agent; and the rest of it remains the same. I so move.
Mr. Carollo: There is a motion. Is there a second.
Mr. Perez: I second.
Mr. Carollo: Any further discussion?
Mr. Plummer: Under discussion. Mr. Mayor, the reason I have asked the Fire
Chief to come forth and I would like to ask him a question, first. Chief Rice,
either it was my understanding with you, or you inferred as much to me, that
in first bond issue in which we replaced stations, namely, Station 9, the old
4 and now 7, that is was projected that those monies from the sale of those
properties were to be used for retirement of the bonds. Did I misunderstand?
Chief Brice: No, I never said that it was for retirement of bonds.
We had written and asked the City Manager...... these particular stations
were not built with bond money and aiy recent bonds. We had written a
memorandum some time ago, in fact I believe it was under Chief Eickman's
Administration, requesting the sale of the fire stations that we projected
vacating, that those funds be utilized by the Fire Department in their
operations. That was the only......
Mr. Plummer: But, you didn't pin point that that money was to be used for a
certain item?
Chief Brice: No.
Mr. Pierce: Commissioner Plummer.
Mr. Plummer: Yes.
Mr. Pierce: In the last bond issue, there was a memorandum that was written
by Joe McManus of the Planning Department, which indicates sales of the stations
could afford an additional $500,000 in bonds, but that was never acted upon.
Mr. Plummer: Alright. My problem with the motion on the floor. It was my
understanding, and has always been, with city property, that first, when it
was declared surplus, that we asked another governmental agency if they
could utilize the property. If they could not, then the City would offer it
for either lease or sale to derive the revenue, and then, if not, the City
Commission could do whatever it sees fit. Herman, I recall very vividly the
controversy surrounding the 27 Avenue station, 27th and Tigertail. Then like-
wise, the station at 17th Avenue and 7th Street. Now, I am just questioning
the wisdom of not following that same procedure, because this motion that is
proffered by the Mayor does, in fact, change and alter that completely.
88 MAR, � 1 1982
{
Mayor Ferre: No, no, no. wait a minute. Let me tell you what it does not do.
It doesn't change the Charter. The Charter is very clear. The Charter says
that before you dispose of this, or any other property.. Now listen, this is
very important. The Charter says that before you dispose of property, there
is a procedure. The procedure is, -that you have to try to lease it; you have •
to try to sell it; then you offer it to the School Board and Dade County, and
then, if all those things don't happen - fat chance - then you can go out and
do all these other things. That is the Charter.
Mr. Plummer: What is your...
Mayor Ferre: I don't want to change that. That is the safeguard.
Mr. Plummer: What is your motion.
Mayor Ferre: All that this does is the trigger mechanism for this, the dis-
cretionary direction'is not at the Manager's behest, it is at the Commission's
behest.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes?
Mr. Gary: One correction. The Charter says, not that you have to lease it
first and then sell.
Mayor Ferre: You have to lease it.
Mr. Gary: No, you have to sell it.
Mayor Ferre: You have to sell it first.
Mr. Gary: That is what the Charter is saying.
Mayor Ferre: We have got to follow that. See, I cannot change that here arbi-
trarily. But, what we can change is, a majority of the Commission can change is
the Code. And that is all I addressing.
Mr. Plummer: What was the hassle that we got into with Florida Glass over the
17th Street, 7th Avenue Station? Because, as I recall, that was a bidding
procedure and we were bound to take the highest and best bid.
Mr. Gary: If I recall, I think the issue came about because of the appraisals,
that we had to have the two appraisals that we didn't have.
Mr. Plummer: No, that wasn't —you know. As I recall, the controversy surrounded
the tearing down of the building. They bought that piece of property for like
$5,000, as I recall.
Mr. Gary: $16,000.
Mr. Plummer: $16,000? It was a lot less than what the appraised value was, but
yet, through a bidding procedure, we were bound to take the highest bid.
Mayor Ferre: Alright, now....
Mr. Carollo: There is a motion and a second. Is there still further discussion
pertinent to the subject?
Mayor Ferre: Clarification, Mr. City Attorney? This is just a motion of intent.
That menas that you have got to come back ... I would imagine it has to be in the
form of an ordinance, doesn't it, to change the code?
Mr. Knox: Yes, sir.
Mayor Ferre: So, we have a lot of time to discuss this, okay?
Mr. Carollo; There is a motion and a second here.
! Mr. Dawkins: Okay, point of information. Can the School Board or the County
purchase this from us for resale. Do they have to have a specific use, when
they purchase it. That is what, I mean, I am lost.
Mr. Plummer: Assessed value.
89 NAA.R 111982
•
Mayor Ferre: The Charter doesn't say.
Mr. Gary: No limitations.
Mr. Carollo: Hearing no further discussion, let's have roll call.
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 82-221
A MOTION OF THE CITY COMMISSION STIPULATING THAT CODE
SECTION 18-80 BE CHANGED IN THE FOLLOWING MANNER:
"SECTION 18-80. Authority to Sell.
The City of Miami Commission, at its discretion,
after holding of a public hearing and the finding
that the property is surplus, may instruct the
City Manager to instruct the purchasing agent...."
FURTHER STIPULATING THAT THE REST OF SUCH SECTION IS TO
REMAIN THE SAME.
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.
ViceMayor Joe Carollo
Mayor Maurice A. Ferre.
NOES: None.
AFTER ROLL CALL:
Mayor Ferre: I am sure that we will be discussing this again. Is there
anything else on that issue?
Mr. Gary: No sir.
BRIEF DISCUSSION ITEMS:
1 30. A) ASSIGNMENT BY MARINE STADIUM ENTERPRISES OF BOAT RF,NTAT
RIGHTS AT MARINE STADIUM.
B) COMMISS1014 POLICY DECISION -BOAT RACING DAYS, AN ALLEY -WAY
SHALL EXIST FROM WHERE TO LAU10CE BOATS.
Mayor Ferre: Alright, we are now on boat rental concessions at the Marine
Stadium.
Mr. Gary: Mr. Mayor.
Mayor Ferre: Yes, sir.
Mr. Gary: The current agreement that we have with Marine Stadium Enterprises
permits them to have some ancillary uses of their property. In June of 1979
they were granted permission by the City Manager to have at that facility the
rental of small boats, as long as it was within the confines of the area that
they had leased. Even though the City Manager has the authority to enter
into an agreement with Marine Stadium Enterprises, I thought it was important
that they come before you just as Marine Stadium did, to explain to you what
they are proposing at the current site. Once they do that, and the City Com-
missions concurs with what they are doing, we will proceed to negotiate and
insure that the facility they provide will be in compliance with what they are
telling the City Commission and in compliance with the Code.
I
Mayor Ferre: Okay, Mr. Hancock. Name and address.
Mr. Hancock: My name is Andy Hancock, of Marine Stadium Enterprises. I live
at 3856 Douglas Road. I believe Bill Harrison is bringing up the sketch of
what we are proposing. Basically, Marine Stadium Enterprises is requesting
to assign its rights of boat rentals to Biscayne Boat Rental, Inc. Biscayne
j Boat Rental, Inc. will pay the City of Miami the same percentage that Marine
1
90
MAR 1 198
Stadium Enterprises would have paid, plus an additional 5% of its gross to
Marine Stadium Enterprises. This is a sketch of what they plan on constructing
at the site. It is located at....
Mayor Ferre: Where would that be on that map? That yellow, all the way back?
Mr. Hancock: It goes to the water line; it is about 110 feet, Mayor. But in
a boat rental concession basis, there, that is all. He is going to rent...he
is planning on putting in seven to twelve boats.
Mayor Ferre: It is a boat rental concession. f
Mr. Hancock: Yes, sir, there is not one that exists in Dade County now.
Mayor Ferre: And what is the problem with it, Howard?
Mr. Gary: Even though I have the authority to allow them to do that, I am
being consistent in terms of how I deal with Marine Stadium, bringing them
up before you so that you can see what they are planning to put there. The
City Administration is supportive of what he plans to do, provided that he
meets the Code, he puts all the...
Mayor Ferre: In other words, you are okay with this, and you are recommending
it and all that?
Mr. Gary: Yes, sir.
Mayor Ferre: Okay, does anybody have any problems with this? Come forward
and state your name, and tell me what the problem is.
Mr. Plummer: I want to, Mr. Mayor, before this matter moves off this subject,
I want to discuss another subject in relation to this - a separate motion.
unidentified Speaker: Mr. Mayor, are you ready for discussion?
Mayor Ferre: I am. Go ahead.
Mr. Thomas: I am John Thomas. 1 am an attorney representing Marina Biscayne,
Inc., which is the next door neighbor to the Marine Stadium Enterprises opera-
tion.
Mayor Ferre: Go ahead.
Mr. Thomas: To start off with, the idea of having boat rentals is not repugnant
to the people that I represent. In fact, there is an area of our property along
the Rickenbacker Causeway that we feel is suitable for boat rentals and we are
intending to develop those also as a boat rental area. The problems with the
proposal that is before you are ones which I think you should have questions
answered, as Mr. Gary had said the procedure will be negotiated. Please have
these questions answered. The first is, under the concession agreement, which
Marine Stadium Enterprises Inc. was working under at the time of this City
Manager approval, was there in fact, a right to assign any property or rights
along the waterfront area, and I would say that there is quite a question about
that, No. 1, as to whether this sort of an operation was ever intended for
this concession right along the waterfront area. No. 2, whether the submerged
land, which would accompany this operation was ever within the realm of
concession rights. If we get past the first
assigned under the concession agreement, that this originally came under, you
{ next have to look at the mandate on the waterfront use of the City Charter,
which governs the operations on leases and any other use of waterfront land.
It appears to me that this would require a bidding and appraisal or a referandum
for this property, because I think that is a significant question which should
be raised before you go further to avoid the problems that have arisen with
other waterfront lands that the City has leased. Another question that ought
to be raised is whether the Waterfront Board must hear this recommendation and
act upon it before any negotiation by the City Manager and the City Commission.
It appears to me that it falls within their purview and to my knowledge has not
jbeen before them. This would be seen to be a necessary precedent proceeding
any further. I would ask that these questions be answered before the issue
comes back to you, so that you will have these legal questions directly
answered before proceeding on this issue. Thank you.
91 r,�A 11 ,982
Mr. Dawkins: One question.
Mr. Thomas: Yes, sir.
Mr. Dawkins: Is there anything..I mean, if they put a boat rental out; you
are the competitor. Is there anything to stop you from putting one there to
compete with them?
Mr. Thomas: We have an entirely separate agreement. We have a lease agreement
as compared to the concession agreement or our neighbors, and under our lease
agreement, we have the right to boat rentals on the Marina Biscayne properties.
So, we do intend to have boat rentals under our total marina concept.
Mr. Dawkins: So that, if we put the two of them here, that means that the
citizens of Miami will have a choice of seeing who they can get for the least
amount of money from. Is that right; it will be competitive?
Mr. Thomas: They are two different operations, so in any way that the two
operations compete, then the public would have a choice.
Mr. Dawkins: Thank you.
Mr. Plummer: Well, I will move it, subject to those questions: I think legit-
imately so, being resolved prior to tneir coming beck before tiiis CoLa-iission. I
will move the item.
Mayor Ferre: What are you moving?
Mr. Plummer: I am moving that the Manager enter into the agreement as out-
lined, subject to final approval that the Manager resolve the questions raised
by Mr. Thomas.
Mayor Ferre: Okay. Is there a second on that?
Mr. Plummer: The Manager is not going to do anything contrary to the Charter.
Mayor Ferre: Alright, further discussion on that? Is that clear with you?
.1r. Gary: Yes, but I think one thing needs to be cleared up, is that right
now, he has the right to do that. We are not talking about a new agreement.
Now, if we are to answer those questions to you, we will not have to come back
before you to do that, we just respond to you in writing.
Mr. Plummer: I move it.
Mayor Ferre: Alright, there is a motion and a second. Further discussion.
Okay, call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 82-222
A MOTION OF THE CITY COMMISSION AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WHICH WILL ALLOW MARINE STADIUM
ENTERPRISES, INC. TO ASSIGN ITS BOAT RENTAL RIGHTS TO BIS-
CAYNE BOAT RENTALS, INC. WHICH CO. WILL RENT BOATS UNDER THE
TERMS OF THE CONCESSION AGREEMENT BETWEEN THE CITY AND MARINE
STADIUM ENTERPRISES, INC.: FURTHER STIPULATING THAT THE CITY
WILI, CONTINUE TO RECEIVE THE SAME 10.3% WHICH IT CURRENTLY
j RECEIVES AND WHICH IS DERIVED FROM THIS OPERATION, FURTHER
STIPULATING THAT THIS APPROVAL IS SUBJECT TO THE CITY MANAGER
RESOLVING THE POINTS RAISED BY MR. JOHN THOMAS, ATTORNEY RE-
PRESENTING MARINA BISCAYNE, PREVIOUS TO THIS ITEM COMING
BACK BEFORE THE CITY COMMISSION FOR FORMALIZATION.
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.
ViceMayor Joe Carollo , �, 1�82
Mayor Maurice A. Ferre. 92 (�,;yr,
Ntlla: Nonv.
FOLLOWING ROLL CALL:
Mr. Plummer: Mr. Mayor, let me bring up a subject. Where is that chart -
over here, would you bring me that chart? Let me show you. I went out to
a boat race, Mr. Mayor, and I want to tell you, there is one hell of an in-
equity in this thing. That has got to be rectified by this Commission. I'll
hold it up for the Commission and I hope that you can see what I am talking
about. At the present time, there are boat racks in here, and I believe over
here. On the days of a race, there is no way that Mr. 'Hancock can take any
of the boats that he has in the racks and place in the water. Now, what I
think is a very fair situation, is to come in and designate 50 foot down at
this end to where the boats could be placed in the water here, with a hy-
draulic lift that they use and they could exit out by the Rusty Pelican.
I want to tell you I was sitting here drinking a beer, and about five people
came up here with blood in their eyes, because they rent a rack from Hancock
and Mr. Hancock had to tell them "I'm sorry, Friday, Saturday or Sunday we
cannot put your boat in the water or take it out". That is unreasonable; it is
unequitable and I am saying that whatever Mr. Gary, we have got to do to correct
that situation, it has got to be done.
Mr. Gary: Well, for the record. First of all, it should be understood that
Marine Stadium Enterprise, entered into an agreement with the City with that
as an understanding, they couldn't do a boat race, that is the first thing.
Secondly, you entered into an agreement with the boat racing company that that
would not occur on those boat racing days. Now, what have we done up to date,
because we also agree that Mr. Hancock has a self-imposed hardship, and that
is, we have sat down with the current boating promoter, to get them to agree
that we have this alleyway, that they will control it, so we can make sure
that we have the security provision, and secondly•.. well, we still are
discussing with the promoters the alternatives. Secondly, I think it would
be appropriate, and these are policy decisions by the City Commission, that
an future boating races would not have this provision of prohibiting them from
J having egress and ingress into this place and that that 50 foot alley would
exist.
B Mr. Plummer: I so move.
Mr. Gary: Okay.
Mayor Ferre: Is there a second? Alright, do you want to be heard?
t
Mr. Gary: Secondly, if I may, Mr. Mayor, under discussion. I need another
policy from the City Commission.
tMayor Ferre: Let's do it all at one time.
Mr. Gary: Okay, the first is that the future agreement would include provisions
for this alleyway. The second is, I need a policy from the City Commission in-
structing me to negotiate fervently with the current boat racing company to
permit this to occur.
Mr. Plummer: I so move.
Mayor Ferre: Alright, there is a motion and a second on both of those items.
Under discussion.
Mr. Martin Rabun: Martin Rabun, 6410 Riviera Drive. I am the owner and operator of
Marina Biscayne. Several points. No. 1, Mr. Hancock knew the problem before
he entered into the lease. Number two, this alleyway is my property.
Mr. Plummer: How is it your property, sir?
Mr. Rabun: As part of my lease, it is, sir.
Mr. Plummer: We leased the water to you?
Mr. Rabun: A certain portion of your water you have leased and a portion that
you are pointing to is my leased area, and number three, I think the racing people
should be here and be heard on this matter.
Mr. Carollo: Can I see that map, please?
93 MAR 11 198Z
Mr. Plummer: Well, I can always make it, Mr. Rabun, in the same way that the
former motion was made. That the City Manager proceed and that any legalities
be resolved before he brings it back for final Commission approval.
i
Mr. Carollo: Mr. Rabin, try to step around here so that you can see it. Al"
right, can you point out to me the parcels that are yours here?
Mr. Rabun: Certainly.
Mr. Carollo: All the blue area. Everything in the blue area was put out to
bids? The whole blue area is your parcel. My question is so, this whole blue
area, was this all that was put out to bid when you acquired this piece?
Mr. Rabun: Correct.
Mr. Carollo: Okay, this whole blue area was put out to bid. Mr. Manager,
what I would like for you to do, to verify what Mr. Rabin is saying about
his rights to certain parts of the water, is for this whole portion that is
his property, Portion 2, in which he states here, this is all put out to bid,
the whole portion, when he acquired it, that it would be checked out extremely
thoroughly, to make sure that his rights, just like his neighbor's rights are
protected. And if you would come back to us as early as possible with it.
idr.Rabun: Thank you.
Mr. Carollo: Sure, anytime.
Mayor Ferre: Okay, what else do you have? Are you ready to vote?
Mr. Plummer: There is nothing to vote, is there? Oh, okay, I moved it.
Mayor Ferre: We have a motion instructing the Manager....
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 82-223
A MOTION OF THE CITY COMMISSION STATING ITS POLICY DECISION
THAT, IN CONNECTION WITH ANY FUTURE BOAT RACES, ANY AGREEMENTS
SIGNED BY THE CITY WOULD INCLUDE A PROVISION SO THAT THERE
WOULD EXIST AN ALLEY -WAY FROM WHICH BOATS CAN BE PUT IN OR
TAKEN OUT OF THE WATER EVEN ON THE DAY OF A BOAT RACE; FURTHER
INSTRUCTING THE CITY MANAGER TO NEGOTIATE WITH THE CURRENT
BOAT RACING COMPANIES TO PERMIT THE ABOVE CONDITIONS TO
OCCUR: AND FURTHER STIPULATING THAT ALL OF THE ABOVE IS SUBJECT
TO ANY EXISTANT ILLEGALITIES BEING RESOLVED AND TAKEN CARE OF
BY THE ADMINISTRATION BEFORE THIS MATTER COMES BACK FOR FINAL
APPROVAL.
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.
ViceMayor Joe Carollo
Mayor Maurice A. Ferre.
NOES: None.
!COTE FUR 'IHr RECORD: AT THIS POINT, ITEM "L" WAS WITHDRAWN.
94 _
1]
31. DISCUSSION ITEM: BUILDING VIOLATIONS AT THE MUTin . I
NO PERMITS ISSUED.
Mayor Ferre: Mr. Manager, I would like to make a motion on the record. Mr.
CArollo...I think that..I want to tell you that I made a mistake. I want to`
i admit it. I should have voted against that little building we had put up
there in the middle of the park, you know, between Peacock at Coconut Grove
Sailing Club? I voted wrong; I should have voted against that, because we
need to open that area there, and one thing that we sure as hell don't need is
any more congestion. Now, I don't have any problems with the City getting in
and solving the parking problem in Coconut Grove, but I sure as hell am total-
ly opposed to putting any parking on any land on the narrow strip of the water-
front from Peacock Park to the Convention Center, and I want to go on record
on that.
Mr. Carollo: We are talking about Item "L", correct, Mr. Mayor?
Mayor Ferre: Yes, but that has been pulled, but I just want to make a motion
on record instructing the Manager...
Mr. Gary: It was pulled. He is just making a separate motion. It was pulled.
Mayor Ferre: It has nothing to do, please, with the Mutiny, Fernando Puig, or
anything else. It is a matter of statement. I want to move you that that
area be left as open green area, and that no structures or parking be placed
on that property and that is the policy of this Commission, and I want to
make a motion to solve the parking problem.
Mr. Plummer: Second that motion.
Mayor Ferre: There is a motion and a second.
Mr. Carollo: There is a motion and a second. Under discussion?
Mr. Gary: Under discussion. That does not preclude people
from docking their boats into the water, but you don't want it to be used for
permanent parking.
Mayor Ferre: I want to tell you something. As of right now, I am making the
motion for parking, but I want to tell you, there are other places to put a
boat in the water in Coconut Grove other than that, and I am talking about
the Coast Guard Station, that we spent how much money to fix?
Mr. Plummer: A hell of a lot.
Mayor Ferre: $50,000 or some damn thing. That thing is never_ used -up there..
Okay? Because everybody likes Ehe old convenience of the old Seminole Dock and
then they leave those trailers there, and it looks junky as hell, all the dust
and the dirt. I want you to come back, because I would like to make a motion
to close that as a ramp. I am not fixed on it, so that we can just grass
that whole area and keep it as a nice, green open area and let those who want
to put their boats do it where they are supposed to, so we spent $50,000 of
the taxpaper's money - where is Ernie Fannatto - to put a boat ramp over by
the Coast Guard building. As of right now, I am only addressing parking cars
there.
Mr. Carollo: Mr. Manager, if I may, why was Item "L" pulled out of the agenda
for? What reason?
Mr. Gary: It was requested to be pulled at the request of the person request-
ing the use of the parking, Mr. Puig.
Mr. Carollo: Mr. Puig?
Mr. Gary: Mr. Puig.
95
MAR 1 1 1982
•
Mr. Carollo: Mr. Puig. Alright. Is he going to request this be placed on the
agenda at a later time?
Mr. Gary: Not to my knowledge, and you have got the motion, then that pre-
cludes that from coming up.
Mr. Carollo: Well, is he going to request that it be placed on the agenda at a
later time?
Mr. Gary: All I got, Commissioner, was that he requested that it be pulled.
I didn't talk to him personally.
Mr. Carollo: Okay, well, when were you informed of this, Mr. Manager?
Mr. Gary: I was informed this morning of it.
Mr. Carollo: This morning of it? By writing, or by phone call.
Mr. Gary: By telephone call.
Mr. Carollo: By telephone? Alright, before this item is discussed again, that
is, if it is going to br requested that it be brought up before the Commission
again by this gentlemen, I would like, and since I know that this is one of
your priorities to straighten out the Zoning Department and everything there,
and you have been very, very concerned with that, Mr. Manager, and I see that
we have the Fire Chief and Mr. Teems here. I have received some complaints,
allegations to my office...the people requesting this additional space
for the place that they are working in, the Mutiny, there is some serious
violations of the zoning matters there.
Mayor Ferre: The allegations that I heard were different.
Mr. Carollo: Well, I am going to refer myself, to these allegations at this
point in time, Mr. Mayor, before I get into others. But, what I would like
is for you, sir to personally make sure that the Zoning & Building Department,
in conjunction with the people that are watching over them now, go over there
and check that place out and make sure that there are no zoning violations
there and Mr. Teems would like, I would be more than happy to meet with him
and discuss this further. I am sure so would any other member of the Commission
that has been called upon also.
Mayor Ferre: Well, I'll tell you, I will be very specific. I have had peo-
ple call and I admit that most of these have been over the past, well I guess
few weeks now, with the allegations that there were some substantial changes
made, decks extended, roofs extended and that includes electrical, without a
single building permit being pulled.
Mr. Carollo: Dave, are you taking notes? I have a few more for you.
Mr. Gary: We are taking notes here.
Mr. Carollo: Good.
Mayor Ferre: I think that somebody ought to go there and take a look and see
if that is the case.
Mr. Carollo: The information that I received, Mr. Manager and David, is that
there is a permit granted to repair a pool deck, and that went further and there
was a flying deck added with outdoor and a bar. There was also a canopy across
the front of the building that was first erected and then there were tables
placed underneath and the whole area was enclosed permanently. Tnere
was never any additional parking spaces as required by the Code, when the
density of the property is increased, given for that property either. These
are some of the allegations that my office has received and I would certainly
like for us to check into that, because I don't want to hear anymore the nasty
things that I have been hearing about who is not doing what in the Zoning &
Building and Fire Department.
Mayor Ferre: Alright, we have a motion before us here.
96 �92 Ir�I'i� 1
a
Mr. Carollo: And of course Howard, I want to make sure, you know, your great
interest in straightening that out is accomplished.
Mayor Ferre: Further discussion. Call the roll, please.
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 82-224
A MOTION OF THE CITY COMMISSION STIPULATING THAT THE LAND AREA
WHICH COMPRISES THE NARROW STRIP OF THE WATERFRONT FROM PEACOCK
PARK TO THE CONVENTION CENTER, AND INSTRUCTING THE CITY MANAGER
THAT THE AREA BE LEFT AS OPEN GREEN AREA AND THAT NO ;TRUCTURES
OR PARKING BE PLACED ON THAT PROPERTY, THIS TO CONST'..,"JTE A
POLICY OF THIS COMMISSION.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
AFTER ROLL CALL:
Mr. Carollo: Incidently Howard, before I forget, there were several letters
here as backup material for this item from employees of the City. It is kind
of hard to follow them, but was anyone from our Administration recommending
that this request be granted to these people there, or..
Mr. Gary: No, sir, the current Management Agreement —let me give you a
scenerio. Mr. Puig came to my office, requesting to utilize that space for
parking. I told him that we had a management agreement which gives the
right for development of that area to be discussed first with the Biscayne
Recreation Corporation. Once they did that, now they have to make a recommen-
dation to the City Manager. The City Manager has to proceed to give those to
the City Commission for final disposition.
Mr. Carollo: Okay. You haven't made any recommendations yet.
Mr. Plummer: Excuse me. Why do I recall that we -not we, because I think
I voted against it- but didn't this Commission authorize the Administration
to allow parking on that area for the construction across the street?
Mayor Ferre: I've got no problem with that. Temporary type stuff, like downtown?
Mr. Gary: I don't recall their permission, but I know they were utilizing
that space temporarily, during the construction period, and it wasn't Mutiny,
it was..
Mr. Plummer: No, no, no. The new building.
Mr. Gary: The new building. The construction workers were using that for
parking.
Mr. Plummer: Well, the Mayor's motion would preclude that.
Mayor Ferre: Absolutely. Absolutely.
Mr. Plummer: That is why I voted for it.
Mayor Ferre: No parking. That is not a parking lot.
Mr. Gary: May I ask, Mr. Mayor..are you now directing me to prohibit, as of
tomorrow, parking over there under all circumstances?
97
1982 t�►r.`� 1
Mayor Ferre: Absolutely. That is not a parking lot.
Mr. Carollo: Last, but not least, Mr. Manager, before we get some final recom-
mendations from the Administration, can all of the people who have sent letters
to the effect, or have had any dealings with Mr. Puig, let us know if they are
members of the Mutiny or not, and if their memberships are free, or not, so
that, you know, no one else will come later on accusing my people in the City
having a conflict of interest.
32. INSTRUCT CITY MANAGER NEGOTIATIONS WITH PLAYERS STATE TH ATRP &
STATE OF FLORIDA TO BUILD PARKING STRUCTURE ON TREIR PROPERT"
=� Mayor Ferre: Alright, now. Let's get back to the issue of parking. Okay?
Mr. Manager?
Mr. Plummer: We have got to call the roll.
Mayor Ferre: What? Haven't we voted on this?
Ms. Hirai: Yes. sir.
Mayor Ferre: I thought we voted. Did we vote?
5
}}° Mr. Plummer: On the Mayor's motion?
—I
! Ms. Hirai: We voted on the motion made by Mayor Ferre, seconded by Mr. Plummer.
{
t
Mayor Ferre: Alright now, to the question of parking. Mr. Manager? We had
a report made. Sometimes I question these reports that you have made. It
wasn't you, it was your predecessor. It shows a Mr. Rice. Now, Vince, was
that you - do you remember when Rice was chosen about three or four years
Iago to make a report on parking on Coconut Grove?
j Mr. Grimm: That was the Planning Department, Mr. Mayor.
lMayor Ferre: Was that the Planning Department that chose..
Mr. Plummer: Oh yes, Rice, Browder, or something?
Mayor Ferre: Some guy by the name of Rice, do you remember that, Mr. McManus?
Mr. McManus: Yes sir, Bill Rice.
Mayor Ferre: How long ago was that.
Mr. McManus: I would say that was approximately three years ago, Mr. Mayor.
98 4!I - 111982
Mayor Ferre: Right, would you believe, and I couldn't believe it then, such
less now, that that man, after spending $20,000 or $30,000 of our money, con -
Concluded that there was no parking problem in Coconut Grove. Do you believe
that? Of course, we were stuck, because everybody said "Well, there is no
parking problem', of course I could never find a parking space, but Mr. nice
said there was no problem, so we just let it go by. Now, I think three years
have gone by..and perhaps Mr. Rice's study...I don't think we need to spend
another $20,000 to make a study. I want to tell you that I made a study, and
after long deliberation, I came to the conclusion that Coconut Grove needs
parking. Now, I would like to move you sir, that you immediately contact
Secretary of State George Firestone and Dr. Phillip George, the president of
the Florida State Theatre at Coconut Grove and that you immediately begin
negotiations with the the Florida State Theatre and the State, because the
State owns the property, for the purposes of building a parking structure in
Coconut -Grove, in their property, the ground floor of which will be for
leasing purposes. In other words, that they will have to build and pay for
as they wish. And, I would recommend, that besides the parking, reasonable
parking, that we put the foundations down and lay the basic groundwork so
that at the rooftop of that structure, we can build artists' ateliers
so that we can do like in the Torpedo Factory in Washington and in places in
New York, to make available to artists, areas where they can function. Now,
this is something that I realize, Stewart, is being talked about for other
places, but the fact is that it hasn't been done, and it may be that we can
do other things up at the top, I don't know. If not, I would be just as happy
just to get a parking structure there. I have talked about it with Dr. Phillip
George, and he is very enthused with the idea, and I think we ought to instruct
you to start those negotiations, so I move that.
Mr. Plummer: I second.
Mayor Ferre: I moved it and Plummer seconded it.
Mr. Carollo: Okay, no further discussion? Roll call.
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 82-225
A MOTION OF THE CITY COMMISSION INSTRUCTING THE CITY
MANAGER TO IMMEDIATELY CONTACT THE SECRETARY OF STATE,
MR. GEORGE FIRESTONE, AND DR. PHILLIP GEORGE, PRESIDENT
OF THE FLORIDA STATE THEATRE AT COCONUT GROVE, TO IMMEDIATE-
LY BEGIN NEGOTIATIONS WITH FLORIDA STATE THEATRE (AND THE
STATE OF FLORIDA, SINCE THEY OWN THE PROPERTY) FOR THE PUR-
POSES OF BUILDING A PARKING STRUCTURE IN COCONUT GROVE, IN
THEIR PROPERTY, THE GROUND FLOOR OF WHICH WILL BE FOR LEAS-
ING PURPOSES, AND FURTHER RECOMMENDING THAT BESIDES PARKING,
(REASONABLE PARKING), THAT WE PUT THE FOUNDATIONS DOWN AND
LAY THE BASIC GROUNDWORK SO THAT AT THE ROOF TOP OF THAT
STRUCTURE WE CAN BUILD ARTISTS' ATELIERS SO THAT IT
BE MADE AVAILABLE TO ARTISTS IN ORDER THAT THEY CAN FUNCTION.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
0 AVSAR 1 � 1982
33. DISCUSSION OF SURPLUS IN THE CITY BUDGET FROM FISCAL
YEAR 1960-31.
Mayor Ferre: We are now on Item No. "N".
Mr. Plummer: Let's have a party.
Mayor Ferre: Surplus on the City budget.
that be brought up.
Mr. Carollo: I certainly did, Mr. Mayor.
Mr. Carollo, you had requested that
Mr. Carollo: Mr. Manager, this article that appeared in the Herald, if you will
recall it, "Miami Finds a Surprising Surplus", on February 14th. Mr. Manager,
I will try to say this as calmly and as courteous as I possibly can. I was in.
shock when I would read this from one newspaper in this town and my City Manager
did not say anything to me about this before he would speak to the papers about
it. Is there a reason for that?
Mr. Gary: Yes, there is a reason, and it probably gets back to the issues that
we discussed this morning, whereby in order for me to properly coordinate the
resources of staff, I must have complete control over it. The scenario started
out with someone from our staff leaking to the Miami Herald as well as to some
members of the City Commission, private leaking.
Mayor Ferre: Well what are you, General Haig or something?
Mr. Gary: No, I am not General Haig, but I would assume that, in view of the
fact that I am the Chief Executive officer, I should be aware of any surplus or
any significant financial condition of the City without hearing it from the
Miami Herald. What happened was the reporter of the Herald came to me, inform-
ing me that we had $10,000,000 to $15,000,000 surplus and that he was going to run
with the story and I told him that we had not completely closed the books and
there could not be correct even if we had not closed the books, based on my esti-
mation. The reporter informed me that he planned to run with the story and I
asked him if that would be detrimental similar to what occurred with regards
to the City Affirmative Action report or status, and that if he would give me
f an opportunity to respond to that prior to him printing it. This occurred on
�i
1 the day of the City Commission meeting.
Mr. Carollo: What day did this occur on?
Mr. Gary: this ocurred on Friday, which was Friday morning at the City Commission
meeting. I cannot recall what date. It was the Friday before the Sunday article.
I think it was Sunday.
Mr. Carollo: That is correct. It was Sunday.
Mr. Gary: And in an effort to convey that information to the City Commission,
immediately upon discussing it with the Herald reporter, I had a messenger carry
that information around to you so that you would be privy to that information
prior to it coming out in the newspaper and someone contacting you with regard
to that as a result of reading it in the newspaper.
Mr. Carollo: Well, number one the Thursday before this article appeared, we had a
Commission meeting that day. During that meeting - in fact, as I recall, I left
somewhat early that meeting that evening, because I had to be out of town - it
was made clear that I was going to be out of town, so was the Mayor, for several
days. A copy of your memorandum informing us of this was delivered Friday even-
ing. 1 find it very surprising. That is usually not the standard procedures
of vour typical reporter, but I find it surprising that the other three members
of the Commission that were
pc-rson that wrote this article. You say there were leaks. Well, let's try to
5« if we can pinpoint where those leaks are, Mr. Manager. When did you
personally find out that we had this type of surplus?
0p MAR 11 I Z
0
Mr. Gary: I found out the Friday - sometime Friday.
Mr. Carollo: You found out yourself, the Friday before the article appeared.
Mr. Gary: That is correct.
Mr. Carollo: And who informed you of it?
Mr. Gary: Who informed me of it was a Herald reporter that we had a surplus
without me having any contact with,...as a matter of fact.....
Mayor Ferre: I went to ask you.
Mr. Gary: As a matter of fact, he came to ask me about it.
Mayor Ferre: That is right.
Mr. Gary: and I had no knowledge of it.
Mr. Carollo: But who in our Administration confirmed this to you that we did
have a surplus?
Mr. Gary: Well, first of all, you need to understand that article, as well as
my letter said that was a preliminary surplus.
Mr. Carollo: I understand that.
Mr. Gary: and that we had not closed the books and the person that informed me
were my Budget Director and my Finance Director.
Mayor Ferre: Let me tell you what I remember. I think Rick Zaldivar came to me
and said - I think, and Rick may have to correct me, of course, the papers have
these ethics problems of sources and all that - but I think he said to me, if I
recall, he asked me "What about the surplus?" and I said "I know nothing about it."
Then, I think Demetrio overheard it and said "Yes, there is a surplus." So I
jumped up and went over to you, and somebody in the hall said "You know, there is
a $9,000,000 surplus" and I go over to you, as I recall, and I said "Howard, what
is this about this $9,000,000", and you said "I never heard of a $9,000,000 sur-
plus" and that was the end of it, and then comes this story and then of course
comes the article. That is the sequence that I remember.
Mr. Carollo: To be more precise, who in our Administration informed you that in
fact there was this surplus?
Mr. Gary: As I said before, it was my Budget Lirector and my Finance Director.
Mr. Carollo: Can you give me their names?
Mr. Gary: Yes, Manohar Surana and Carlos Garcia.
Mr. Carollo: Is Carlos Garcia in?
Mr. Gary: Yes.
Mr. Carollo: Did you inform anyone of the Press about this surplus?
Mr. Gary: No, sir. No, sir, I did not.
Mr. Carollo: I just wanted it for the record. I am not doubting your word, sir.
The firm of Standard & Poor, at 25 Broad Street, New York, New York. What type
of dealing is the City of Miami doing with them?
Mr. Garcia; They rate the City of Miami's bonds.
Mr. Carollo: Okay. Were they informed of this expected surplus at any time by
the City of Miami?
Mr. Garcia: Yes, they were.
Mr. Carollo: When were they informed of this?
101 MAR 11 1982
11
Mr. Garcia: I think that it was during that week, precisely.
Mr. Carollo: They were never informed at any time prior to that week?
Mr. Garcia: The meeting that we had in New York...we had a meeting around
that time. I don't recall exactly if it was prior to that date, or after
that date. We informed them at that time that we felt that we were going to
have a surplus in the budget that was approximately $6,000,000.
Mayor Ferre: Wait, a minute. Were you at that meeting?
Mr. Gary: No, sir.
Mayor Ferre: You were at that meeting?
Mr. Garcia: Yes sir, I was there.
Mayor Ferre: You are telling me that you go to New York, and you tell Standard
& Poor that.....
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Ferre: Okay, okay.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Ferre: Now, Mr. Garcia, the question is, how could you go to Standard 6
Poor and tell them that we are probably going to have a surplus and not tell
Howard Gary, the City Manager?
Mr. Garcia: Well, I had informed the Assistant City Manager, Mr. Rosencrantz
about the preliminary surplus that we had at the time.
Mr. Gary: Will the Police Officer clear that hallway out there, please?
Mayor Ferre: Go ahead.
Mr. Garcia: Yes sir. As you know, that is one of the standard questions
that they will ask you when you make a presentation in front of the rating
agencies.
Mr. Gary: Mr. Mayor and members of the Commission. Even though I wasn't at
that meeting, I was not aware one of the standard questions that usually the
rating agencies ask us, and they went up for the rating of the bonds, and one
of the things that they ask and one of the things that is considered a positive
in terms of rating a bond is whether or not we are going to have a surplus in
any given year, because they feel that by not having a surplus, or having a
deficit, it is a negative rating, and I would assume that they would give some
kind of estimate in terms of whether we are going to have one or not have one.
So I don't fault them for explaining whether we are going to have a surplus at
that meeting without letting me know.
Mr. Carollo: Can I get Assistant City Manager Rosencrantz here? Okay, he is on
the mike, fine. Did you, at any time, send Mr. Rosencrantz a memorandum regardine
this surplus?
Mr. Garcia: I don't believe I did. I don't think so. We talked about it per-
sonally, but I don't think memos went through.
Mr. Carollo: Okay, did you ever receive a memorandum?
Mr. Rosencrantz: From Mr. Garcia?
Mr. Carollo: Right, regarding the surplus.
Mr. Rosencrantz: No.
Mr. Carollo: No. Okay. When did you all speak about this.
Mr. Garcia: I don't recall exactly what date, but I think it was that same
day in which the information was leaked or came to the Press.
Mr. Carollo: Okay. When, if I may ask? Try to pinpoint it exactly, and you
of course, are Director of Finance, when did you become aware that we had that
type of a surplus?
102
MAR 1119$2
Mr. Garcia: The books were not really.... We are still going through the pro-
cess of the audit, and I would imagine, two or three weeks prior to my giving
out the information. We knew that we were going to have a surplus, except we
didn't know the amount.
Mr. Carollo: So, two to three weeks prior to that Friday when you were contacted
by the Press. We are talking about Friday, the 12th.
Mr. Garcia: Let me say this again. We knew we had a surplus. I didn't know at
the time what the amount of the surplus is. Commissioner, you should understand
that as we go through the audit process, different adjustments are produced and
that is a very variable amount. It changes significantly, or it could change sig-
nificantly.
Mr. Carollo: How many people that you have working on this that were entitled
to that information that you had?
Mr. Garcia: One assistant and probably two more persons, about three persons.
Mr. Carollo: Would you mention their names, please?
Mr. Garcia: Mr. Gary Houck, Mr. Bob Burns,
Mr. Carollo: Okay, slow down for a minute. Gary Houck?
Mr. Garcia: Gary Houck.
Mr. Carollo: Houck, okay who else?
Mr. Garcia: Mr. Robert Burns.
Mr. Carollo: Robert Burns.
Mr. Garcia: And we also had Mike Perdomo in Accounting.
Mr. Carollo: Mike Perdomo.
Mr. Garcia: Right.
Mr. Carollo: So, besides yourself, these were the only other people that knew
of that information.
t
Mr. Garcia: Not really, Commissioner. For instance, at the time we had out-
side consultants and these are public records now. These reports are produced
f continuously.
Mr. Carollo: Well, but as you know as well as I do, that anyone, including a
Commissioner, that would like to get their hands on any of these so-called public
records, it is extremely difficult.
Mr. Garcia: Well...
Mr. Carollo: Extremely difficult, and you know that as well as I do, the runa-
rounds we get.
Mr. Garcia: Commissioner, at the time we had Dr. Barry and his assistant working
here almost full time and I am sure they were in contact with that information as
well.
Mr. Carollo: And so, the bottom line is that what you are saying is, let me try
to confirm this, that some two to three weeks prior to the date of when this
reporter called you is when you had some notion that we were going to have some
type of a surplus of this size.
( Mr. Garcia: No, sir. I knew at the time that we had a surplus for the whole
year. I did not know exactly how much the surplus was going to be.
Mr. Gary: Well, let me correct that, because, not only did he know, we knew,
but even the City Commission knew we were going to have some surplus, because
some of it was used to be included in the 1982 budget, so the issues was not
whether we were going to have a surplus, it is how much.
103 NAhp,11 i962
Mr. Carollo: Well, the only time that I recall, Howard, that we spoke about a
surplus was on the opening or at a Commission meeting, was on the Police Depart-
ment, the extra police officers that we had approved, we knew that there was
not going to be any way possible they could hire those officers on time, so we
knew there was going to be a small surplus there.
Mr. Gary: Commissioner, that is not correct. If you recall, in the preliminary
budget document that I gave you, as well as the final document, we gave you a
budget which included assumptions. And one of the assumptions that we had in
there, among others, in terms of a 10% salary increase for union employees, was
that we would have a 3.2 million dollar surplus from last year to carry over to
this year, which was anticipated as revenue this year, even before we had a
final fund balanced figure. So, we knew that up front. t
Mr. Carollo: The bottom line Howard, and I don't want to complicate this about
how much we expected or didn't expect, the bottom line was, and here is what I
am trying to get to,.is the 8 point some million dollars, which is the final
figure that was given, that appeared in that article. That is what I am trying to
get at, as to who and when this information was found out by our Administration.
Mano, can you get up here for a minute? When did you come in contact with this
information?
Mr. Surana: I knew there was some surplus, was it Friday, the 12th.
Mr. Carollo: Well, look, we all agreed here that everybody in the world, includ-
ing the representatives of Communist Cuba & the Soviet Union knew we had a sur-
plus, but, what I am trying to pinpoint is, is the surplus that was talked abut
in the article.
Mr. Surana: I knew on the Friday, the 12th.
Mr. Carollo: You knew on Friday the 12th?
Mr. Surana: Right.
Mr. Carollo: You had no notion about that anytime before?
Mr. Surana: No.
Mr. Carollo: Okay. Mr. Mayor, do you have any further questions on this?
Mayor Ferre: Yes. On the specifics of the memorandum, now, Mr. Garcia, as I
recall, when we went through the budget process, we specifically earmarked that
there would be a 3.2 million dollar surplus.
Mr. Garcia: That is right.
Mayor Ferre: We actually, in our current budget, earmarked 3.2 million dollars.
Mr. Garcia: That is right.
Mayor Ferre: So, we had the expectation that there would be 3.2 million.
Mr. Garcia: At least. That is right.
Mayor Ferre: So now, well that is what we earmarked, so that is what we said we
would expect. Now, in effect we have only found 3.2, because we anticipated 3.2,
so since we have 6.4, in effect we found 3.2.
Mr. Gary: With one exception. The one exception is 1.7 million dollars.
Mayor Ferre: I am going to get to that.
Mr. Gary: Okay.
Mayor Ferre: Now, the 1.7 million dollars is the waste disposal fee, which we re-
ceived in fiscal '81, but is really revenue from fiscal '82. Now, I don't under-
stand why, that in any way functions as the deduction from the 6.4. We received
the money in '81.
Mr. Gary: Yes, but we didn't know we were going to receive it in '81, but we anti-
cipated '81 money in '82.
Mayor Ferre: Well... �9�2
104 MAR 11
Mr. Garcia: When the Budget Department prepared the projection of collections,
they projected that those monies were going to be collected in 182, because the
monies came in advance...
Mayor Ferre: They were collected in '81?
Mr. Garcia: Right, they were collected in '81.. That is right.
Mr. Gary: Now, I think it is important to understand...
Mayor Ferre: So, that is part of the surplus. In other words, of the 6.4 million
dollars that we have, 3.2 million we anticipated.
Mr. Gary: Correct.
Mayor Ferre: 1.7 was money that was found, in the sense, instead of collecting
it as we went along in 182, it came in in '81, so therefore we had this 1.7 we
were not expecting until later on.
Mr. Gary: But it was anticipated in 182. It was anticipated just like the 3.2
was.
Mayor Ferre: Is it part of the budget?
Mr. Gary: Yes, it is.
Mayor Ferre: In other words, that is money that was already budget for in the...
Mr. Gary: 182.
Mayor Ferre: '82 budget. You are sure of that now?
Mr. Garcia: Right.
Mayor Ferre: In is in there?
Mr. Garcia: Right.
Mayor Ferre: Okay.
Mr. Surana: And that is why in '82 we anticipate about 7 million dollars in
revenue from fees there.
Mayor Ferre: So that in effect, leaves us 1.5 million dollars.
Mr. Gary: Correct.
Mayor Ferre: Now, of the 1 point —you are recommending that of that, that we
put 1.1 into the fund balance.
Mr. Gary: We are recommending that 1.1 be used...
Mayor Ferre: Because of the salary increases that we gave.
Mr. Gary: Exactly.
Mayor Ferre: .... that were not buageted for.
Mr. Gary: Correctly, in the current year.
Mayor Ferre: Alright, in other words, Mr. Manager, as I recall in discussions
with you, during the time of the budget hearings, you told me that you had
actually earmarked 13%, even though in the budget it showed 10%.
Mr. Gary: As you will recall, during our executive sessions, in order to sell
the contract, we made some additional concessions. Originally the amount was,
but don't forget, the amount you actually gave was more that 13%, because it
made some additonal exceptions with fire and police that was not originally anti-
cipated.
Mayor Ferre: So, the 1.1 million that you are talking about is that excess be-
yound the 13% that we talked about in executive session.
�;R 1 j 152
105
.
Mr. Gary: Correct, sone example of that is the $500 000 payoff a off for accumu-
lated comp. time for fire fighters.
Mayor Ferre: I wouldn't use that word. I have already made one slip and said
that there is a leak. Now, the only guy that has leaks that I know of is the
Republican government of Ronald Reagan and General Haig. He has leaks all the
time now.
Mr. Gary: Nixon.
Mayor Ferre: You already made one mistake. Now you are telling we toat..«uat is
this about payoffs?
Mr. Gary: I think Commissioner Carollo agrees with me about the leak, but..
Mr. Carollo: I'd just as soon maybe agree with you where the leak came from.
Mr. Gary: Okay. We..will find out together.
Mr. Carollo: Yes, possibly.
Mr. Gary: We have 1 million dollars currently at the end of September 30, 1980
for fire fighters, whereby they had earned it over a period of time, and we were
in a catch-22 situation whereby we are required to allow them the time off, but
operationally we can't because we need them on the street, and we are about to
go into grievance and we agreed in executive session that we would pay that off
over a period of time.
Mayor Ferre: So, the bottom of the line is that we are left with $400,000.
Mr. Gary: Yes, sir.
Mayor Ferre: And we had to put into the fund balance to be used as the Commission
wishes.. Now, what is the fund balance at the present time? k'hat is the cushion
that you have in that budget?
Mr. Gary: In what budget?
Mayor Ferre: The current budget.
Mr. Gary: Well, in the current budget, we will be providing you within the next
month. a mid -year budget review. which we have been doing for the last four years,
which will give you an estimate of what our financial condition is at any given
• point in time, or what we estimate it to be by the year end.
Mayor Ferre: Do you think you could find another 6.4 million dollars and the
Herald would have another editorial saying that we are going broke again?
Mr. Gary: I don't think so and I think that would help our bond rating, because
the bond companies look favorably on a fund balance in a city with a milla€e rate
of 10 mill restriction.
Mayor Ferre: Talking about bond ratings, Mr. Manager, I saw the press release
that your office made about bond ratings, and..
Mr. Carollo: I was going to get into that in a minute, but go ahead.
Mayor Ferre: And, I am going to let my colleague here who says he wants to get
into this and I will be happy to get into it too, but that brings up the issue
j with both you and Mr. Knox, of the relationship between the Manager and the City
Attorney and the Commission, and as distasteful as you find it to read in the
newspapers about things that you should be informed on, believe me, we find it
the same way, and Plummer says more so. Now, I have the same problem with George
that I have with you Howard on this, and that is, that the problem is, information,
communications. The problem is, I don't want to read about a lawsuit that we
lost on Brickell Avenue in the newspapers. Now, when that happened, and George
and I talked about it, he saidm "Look, we sent you a memorandum on it", but you
know, it so happens that the memorandum came 24 hours after the Herald reported
it in the local section. I frankly am in embarrassed when a reporter calls me
and says "May I have your reaction to the fact that you lost such 6 such a law -
Suit" and "May I have your reaction to the fact that you have a 6.4 million dol-
lar surplus", and I have got to act like what I am at that point, and that is an
iWiorant mayor, and I think it is embarrassing to be Mayor of Miami and be igrorant
Lit thinks that are as important as major lawsuits and 6.4 million dollar surpluses.
So, my position is this. I, and Joe wants to talk a little about this, and I
don't want to preempt what he is going to say, but I just have two messages for
you. Please, keep me informed on important things. I don't care if you call
106 MAR 11 1982
Mayor Ferre: (con*) me up at home at night, or :#you are in Tallahassee
and the lawsuit is ast and the Judge rules, call me, please, so that I don't
act like a fool when somebody ask me to react to something that I know nothing
about. So, please let me know important things. You don't have to call me on
everything, but I think 6.4 million dollars is worth a phone call - from New
York, from Standard & Poor. When you tell Standard & Poor, would you mind tell-
ing your Mayor?
Mr. Garcia: We will tell you, sir.
Mayor Ferre: Okay, and the second thing is, I think you ought to take a page
out of Mel Reese's - may he rest in peace - out of his page, and Merritt Stier-
heim and the lesson he learned last year. You let the members of the Commission
and the Mayor talk about some of these accomplishments. Now, perhaps the Office
of Information was a little bit over exuberant and I am not saying that this is
'something that you released, but I think that is something that your Commission
and your Mayor like to do. I don't mind sharing it, I really don't. I don't
mind making it a joint release, if you would like. My name is spelled Ferre,
F-e-r-r-e, and I would like to participate in those joyous moments when we say,
"Look, we have a 13.06 bond, when the County got a 13 point whatever it was, and
again, we did a good job". Howard, it doesn't mean anything, because they are
not going to print it for you any more than they do for me, but it will make me
• feel a little bit better.
Mr. Gary: Well, I understand what you are saying, but I also want you to under-
stand that that Press Release was put out at the request of the City Commission
and that is what we did.
Mayor Ferre: Yes, but not in the name of the City Manager, and by the way,
tell Diario Las Americas that you have more current pictures than the one they
published - not that I object, it is not a bad picture, but it is not very cur-
rent.
Mr. Carollo: If I may, Mr. Garcia, did you on January 29th of this year, send
a letter to Standard & Poor, talking to them about our surplus?
Mr. Garcia: It is very possible. I don't recall exactly the date, but we did
send them a letter after we had a meeting with them in New York. They wanted
to confirm some of the figures we had given them.
Mr. Carollo: Can you give me copies of all the correspondence that he has with
him from six months back, February 14th when the article appeared, so I can in-
spect it. Can you drop it off to my office by tomorrow? I would appreciate
that. Thank you sir. Now, Howard, this article is supposed to have been a leak.
Nobody knows about it. The article that appeared March loth - yesterday - "New
Chief asks audit of agency". Of course, the Miami Herald made sure they put a
line right across the top of the front page of the papers so that everybody in
the whole state thinks that the whole City of Miami is complete - whatever they
called it. Is this also a leak? This is the article that has to do with
Charlotte Gallogly.
Mr. Gary: That article reflects, I guess the activity, on -going activities of all
of the newspapers in this town to find out what is going on in the City.
Mr. Carollo: I have no objections, Mr. Manager, with the Press. That is their
duty to report the news ands you know I am happy that we live in a country that
the Press has that opportunity. What I am talking about, sir, is people from
this Administration going to the papers with stories such as this before they
even have the courtesy to let the members of the Commission know. In fact, be-
fore they have even had the courtesy to meet the members of this Commission,
and if you will recall sir, for the last two months you have been promising me
that I am going to meet this new employee, and I aZ sure you have told the same
thing to other members of the Commission. In fact, at the last Commission meeting,
it was agreed that this employee would visit the members of the Commission so that
we could ask whatever questions we thought appropriate, and get to know that in-
dividual. And, up to this date, that individual has not come to my office or
bothered to call my office. Now again, sir, what you are trying to tell me by
that answer - Howard you know, I -kind of sense a little grin on your face. The
last guy that had that grin was named Joe Grassie. He didn't have it for too
much longer. But, you try to tell me Howard - you know, let's put the cards on
the table - that we are to expect more articles like this, where members of this
Administration are running to let the Press know things before they even have the
107 WAR 111982
W
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Mr. Carollo: (con't) courtesy to sit down with members of this Commission
and inform them of what is happening with something or what actions they are
planning on taking?
Mr. Gary: I can respond to you, just as I will responded earlier and that is,
obviously we have a public records law, and when members of the Press as well
as members of the public ask for information, we have to provide it to them.
Now, it is not our policy, obviously...
Mr. Carollo: Howard, I am completely aware of the public records law....
Mr. Gary: Let me finish.
Mr. Carollo: I am completely aware of that. That is not what I am asking.
Mr. Gary: Let me finish. It is not the policy of the City Manager nor the
City Administration to obviously be running to the Press, and we don't really
have that problem, they run to us.
Mr. Carollo: At least some people in the Press. The stories always seem to
appear in one area.
Mr. Gary: You would have to address that to the newspapers.
Mr. Carollo: Sure. Well, Howard, you know, we both been in this game long
enough to know what is happening. And, you still haven't answered my question.
And, my question is, why, on this article, and this story where someone that was
recently hired by you, and has not had the courtesy to meet with the people who
are running this City - us - not you, sir. Why hadn't this individual either
themselves, or through you, informed the City Commission of the actions they are
planning to take in this department.
Mr. Gary: Well, first of all, there is a Administrative investigation. It has
an audit, and.......
Mayor Ferre: Why would you read about it in the paper that is the....
Mr. Carollo: Oh, freedom of information, Maurice. You know, he don't care.
I mean, if you don't smell it...
Mayor Ferre: Well, we are going to get into that in a little while.
Mr. Carollo: Let me say this, Howard. I was not one of Julio Castano's biggest
fans in this Administration. In fact, if you will recall at the last budget
meeting, that was one of the departments that I had mentioned, along with Plum-
mer, to do away with completely and save the City some money. But, I will say
this much, of what I knew of Mr. Castano, I certainly did not have any doubts
of his integrity, and for whatever reasons you might be trying or someone might
be trying to make it look like his integrity is questionable, I certainly do not
buy that. But, this is not the issue here. The issue here is, why do things
like this appear in a certain paper of this town before the City Commission is
informed of it. I think that as a City Commissioner that has been elected by
the people of this County, unlike yourself, that has never received more than
three votes from the people of this County, I deserve that courtesy from you
and the people that you have hired.
Mr. Gary: I would like to respond to the fact, because an allegation has been
made, or a statement has been made that we are trying to attack the integrity
of Mr. Julio Castano. Obviously, that is not the fact. Obviously, a question
nas been raised as to whether or not City funds were expended properly and I
have a fiduciary responsibility to respond to that question.
Mr. Carollo: So do I sir, and I hope you remember that for the future.
Mr. Gary: I will.
Mr. Carollo: A much bigger responsibility than you ever will have, and I hope
that when I start asking for records, records of trips, expenses, hotel bills,
food bills, they will be provided for me, not buried in different files. Another
example, Mr. Manager. This is the Press Release sent out February 12th. "Miami
sells parking garage revenue bonds". "Miami City Manager Howard Gary", all by him-
self, "today announced sales of 10.4 million dollars in 30 year revenue bonds for
the construction of downtown government center parking garage", and so on and so
on. Gary said this and Gary said that. Now, I think that this is something
that should have been done like it always has been done in the past, and a joint
108 t�f
.1 i $2
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•
Mr. Carollo: (con't) press conference - press release by the members of the
Commssion, and by the Manager. I don't mind everyone trying to be a star, but I
do mind someone trying to do it all by themselves. The way that you run a
City is by being a team, just like a basketball team. You got five guys out
there, and the only way that you can score is by each playing as a team. The
minute you get one guy that tries to be a big shot and shoot all the baskets
he can get,•that team doesn't go anywhere. This, if I may add, as the Mayor
previously said, as I am sure that you will recall, is one of the most serious
problems that your colleague in Dade County, Merritt Stierheim faced several
months ago with the Commissioners over there. If you recall, he went through
j some very unpleasant times. Mr. Manager, I would certainly hope that, from
now on, what press releases go out from this City go out in the appropriate
way, including the Commission. We are the people that were elected by the
citizens out there and we are the people that take the brunt of the responsi-
bilities on our shoulders. I certainly hope that I stop reading about things
that are happening in the City of Miami in the Miami Herald by Mr. Zaldivar
before you or someone in your Administration tells me about it.
Mayor Ferre: I don't have anything to add to that except to subscribe to it,
but I do have one positive point, Howard. There was a period in Joe Grassie's
tenure here, where he was doing exactly this. I think Plummer one time, and I
think Gibson got very upset on several occasions. It was such a contrast to
the way Mel Reese - I was with Mel Reese for four years when he was Manager,
and I never remember - Mel Reese would go out of his way, remember? - to make
sure. Many, many times Mel would call me up and say "I need to talk to you"
and he said "I would like for you to make this release", remember? I don't know
whether he did that with you - I am sure he did, and he was very fair about it,
because what he did, and I thought it was just smart manager tactics, he made
sure that every member of the Commission got his fair share of things to
announce, and it wasn't false. In other words, it wasn't that he was giving
us goodies and all that, He was very conscious of the fact that as public
servants, we are elected, and we do have to respond. Now, I might say, and I
say this with all due respects to, not only Howard Gary, but to Dr. Ida Levitan,
that I think that when you write releases in the future, that you bear in mind
the long standing tradition of the City of Miami. Okay, anything else?
Mr. Carollo: Yes, Mr. Mayor, last but not least, I am still waiting, just like
all of you are to meet our new employee in charge of the Trade & Commerce De-
partment.
Mayor Ferre: We are going to do that in a little while. That is Item "P",
but that is something that us fellows here are interested and curious about,
but we have a public hearing, and I would like to ask, before we get into the
public hearing portion, since we are now late into the afternoon and almost
into the evening, is there anybody here on any particular item, would you
raise your hand, and I will recognize you for those items.
Mayor Ferre: Joe, didn't you have something about Roger Carlton, who had
some kind of an emergency?
109 MAR 11 1982
ti
Mr. Carollo: Yes, I do, Mr. Mayor, sorry. I think it was Item..here we are
it is Item 20 & Item 32.
Mayor Ferre: Item 20 & Item 32. I think those are fairly non-controversal.
Alright, now, I am just trying to get on with the agenda. Can we get into
the Zoning agenda without a real long discussion? I don't want to get into i
twenty people bringing up testimony here. See now, Bernie, I know you are
here on a personal appearance, but we also have an advertised public hearing, 1
and the advertised public hearing, as I remember, is on Planning & Zoning
Agenda. This is Item No. 55, 56.
Mr. Carollo: Mr. Mayor, you are not suggesting that we jump to the items on the
Zoning & Planning agenda?
Mayor Ferre: I am trying to get those things where people have been here all
day on, like Marty Fine.
Mr. Plummer: We are going to stick to the agenda, I thought.
Mr. Carollo: This, you know, jumping from one agenda to the other, Mr. Mayor.
I would suggest that we finish the agenda that we have and worry...
Mayor Ferre: In my opinion, you are going to.... all you people that want to
speak, you are going to take an hour and one-half.
Mr. Carollo: You know, I was under the impression that we were going to have
one separate day for the Zoning & Planning matters.
Mayor Ferre: But, in this particular case, we didn't finish this last time,
so at our instructions and we all voted on this, we instructed the Manager to
put all this on the agenda, so this is an abnormal situation. The problem is
that it was advertised for this afternoon, and the question is, should we deal
with it, since all these people have been here most of the day.
Mr. Carollo: It was advertised for what time, Mr. Mayor?
Mr. Plummer: Sometine after 3:00 P.M.
Mayor Ferre: For this afternoon. And I told Marty Fine not to be here until
4:00 o'clock. I watched it when he walked in. He was in here this morning
and then he walked in at 4:00 o'clock sharp.
Mr. Fine: For the record, my name is Martin Fine. I don't want to go out of
turn. All I would like to know is when we are going to be called. Whatever
procedure you want is fine; just tell us when and we will be here.
Mayor Ferre: See, but Marty the problem is that I can't tell you, because I
don't know how long Bernie is going to talk and how much the other guy is
going to talk, and there is ten people who want to talk here.
Mr. Fine: Whatever the Commission's pleasure is, we will follow.
Mr. Carollo: Mr. Mayor, with all frankness, this is about the fourth, fifth, -
and I am talking very conservatively - time that we get an agenda that...there
is so much stuff on it, that we know from the start that there is no way in
the world that we are going to finish. This is getting to be ridiculous. I
mean, we have all these people here, waiting, giving Lheir time, and then
comes the end of the day and they don't even have a chance to speak before us.
I suggest that we consider doing something different. In fact, I see a lot
of items right here that could have been taken care of by the Administration.
for instance, the gentlemen with the Reverend that came in here that you are
going to be so generous to give $100 to, the Manager, right off the bat, could
have Informed him that there is no way that the Administration could give him
that monev. Items like that, that you know, are just being thrown into the
agenda, and we really, you know, don't have the time now for.
Mr. Gary: Well, let me respond to that, because it is important. This City
Commission established a procedure for any citizen to get on the agenda. When
the person from Eastern Sunrise Services came to me in the name of Victor Logan,
I informed him at that time, first of all, that I was going to recommend against
it, because I think it was an issue of separation of Church & State, and he said
he still wanted to come.
1.10 MAR 1119 82
Mt.. Cerallo: That is fine, Howard. Okay. If that is the case, you.hav& noo
Alternative, but I think this many times, including this agenda,, therm Vh*&
e},,.as=, that you know, you could handle yourself, is what I an saylag.
Mt. Gary: I try to, but they wept to come before you. ..
Mt.. Carollo: Well, what I am getting to, the point is Mr. Mayor, that 1 wou-M
like to see something worked out in establishing the agendas. I think that: nits
Manager's office should go ahead like they have been doing and Aron aLh t
work in, -putting together the agenda, the paperwork and everythi:tg else,.
They have the personnel.. But I would like to see the person: that; is, suppose*
to be the main.individual in this City, which is the Mayor, be responsible
for setting the agenda.
Mayor Ferre: Well, I will tell you what .....
Mt. Carollo:. Or someone on his staff, anyway.
Mayor Ferre: I don't want to assume that total responsibility. I will tell
you what let's do. Howard, I will tell you; why don't you and I get together
before you finalize the agenda on Thursday. As a matter of fact,. I don't carn,,
for example, if you do it, with other members of the Commission; I don''t want
to be doing it all the time. I think for example, I don't mind.sitting down
with you and going over this, because I think half of this stuff we can. just,
pull out.
Mr. Dawkins: You know, let me say something. I have been here, and every
day we go through this. First we sit down and come up with a bunch of rules
that are supposedly to eliminate this. Then we sit up and we ignore them.
Then we said the last time, that we would control the agenda by giving the
Manager the lead time necessary to get materials to us, which says to me that
in the event ... well, there isn't no way in hell that the Manager could have
gotten all this, and know good and well, in seven days and get it back to us. _
So, we create situations. We give the Manager the latitude and then we sit
up here and raise hell. I mean, what do we want? If you tell us what we want,
then we can do it.
Mayor Ferre: A shorter meeting.
Mr. Dawkins: Alright then, if you want a shorter meeting, Mr. Manager, we are
saying to you, tell some of the citizens that they have to be on the next
agenda. That is all.
Mayor Ferre: But, it isn't all, because what happens, if that is all he does,
then they start piling up and then we have a hundred citizens that want to
be heard, and we don't even hear four or five, and I think we need to get on.
Mr. Plummer: Let me offer a positive solution, which I have tried to do be-
fore. I think maybe we are now going to have to realize. Mr. Mayor, any of
the resolutions can be put under the Consent Agenda. As I look through this,
there are maybe another twenty items.
Mayor Ferre: But that is not what holds us up, J. L. We will zip through
those in fifteen minutes. That isn't what is holding these meetings up.
Mr. Plummer: Maurice...
Mayor Ferre: ... what is holding these meetings up, is, we go through all these
long discussions and there is no way we can....
Mr. Dawkins: But, we zip through the Consent Decree because we sit here with
you and want to zip through it, and we don't question anything. We could very
easily stop it if I said "Well, hold it, I need that explained" and we wouldn't
i zip through it.
Mayor Ferre: But, the point, Miller, is, that we zip through it, because
usually the Consent Decree is not controversial, and if you will notice, there
will be twenty items that will go through in half an hour. The problem is,
that we have got issues here that we spend an hour and one-half and two hours on
where.....
111 MAR 11 1982
0 0 1
Mr. Dawkins: Where we zip through it and you will say yourself, "Alright, I
need a motion on this, I need a motion on this". I mean, you sit right here,
and we sit here....
Mayor Ferre: Alright. I will tell you...
Mr. Carollo: Where we are spending most of our time at is in the Committee
of the Whole, and in the personal appearances.
Mr. Plummer: The danger here is that, under Committee of the Whole, as out-
lined, there was to be no discussion, except by the Commission. And if you
do that, then it will be as it was designed to do - a briefing and skip
through, and the problem we are having is...
Mayor Ferre: You are going to have no discussion on Social Services, and
C.D. funds.
Mr. Plummer: Not as it relates on the Committee of the Whole. Now, when you
put an item on there, that is a different ball game.
Mayor Ferre: J. L....
Mr. Carollo: Gentlemen, may I throw out a suggestion so at least somebody
that has to really answer to the public directly can have the blame if it
doesn't go well. You do what you like; I will be back in about five minutes.
Excuse me.
Mayor Ferre: I think the point is this, okay? The point is, that that is
all very nice in theory, Mr. Plummer, but for the eleven years that you
served on this Commission, it has never worked, and...
Mr. Plummer: I agree. I didn't agree with Committee of the Whole. But, that
is the way it was designed in intent.
Mayor Ferre: Alright, let me just tell you that I think that Carollo's rec-
ommendation is acceptable to me and if it is acceptable to the rest of the
members of the Commission, Mr. Gary, if you you would ... before you finalize
this, you and I can sit down. I think we can do it in one-half hour. Howard,
we sit down and discuss the agenda anyway, so that will save us time. You
know, and I guarantee you..put the blame on me, and tell Logan that the Mayor
said no.
Mr. Dawkins: Are you and the Manager discussing it for the shortening of it?
Mayor Ferre: Yes, yes, hell yes. That is the only intention of this is to
try and figure out what we can chop out of this thing to get it flowing a
little bit better. Is that acceptable to you? Okay.
Mayor Ferre: Alright now, getting back to this question. Now, I am going to
rule that we have got about five speakers, and if I give them each five minutes,
you are talking about forth -five minutes. Alright, I am going to give you each
three minutes, and we are going to have to zip through this as best we can. Carlton
has a proble, so Roger, we will take you up first on Item #20, which is establishing
the rates of certain off-street parking meters.Is there any problem with that?
This is on second reading.
Mr. Plummer: Move it.
Mr. Perez: Second.
Mayor Ferre: Second by Perez. Further discussion. Read the ordinance on
Item No. 20.
112
MAR 111982
AN ORDINANCE ENTITLED
AN ORDINANCE AMENDING SECTIONS 35-91 AND 35-93 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA (1980), AS AMENDED,
ESTABLISHING RATES AT CERTAIN ON -STREET PARKING METERS
AND CERTAIN OFF-STREET LOTS; PROVIDING FOR THE EFFECTIVE
DATE OF APRIL 1, 1982 FOR SAID RATES; RATIFYING AND CON-
FIRMING ALL ACTS OF THE OFF-STREET PARKING BOARD AND
ITS DIRECTOR AS TO RATES HERETOFORE CHARGED; FURTHER
PROVIDING THAT THE DIRECTOR SHALL CAUSE CERTIFIED
COPIES TO BE FILED PURSUANT TO SECTION 503 OF THE THRUST
INDENTURE; CONTAINING A REPEALER PROVISION AND A SEVER -
ABILITY CLAUSE.
Passed on its first reading by title at the meeting of February 11, 1982
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Perez, the
ordinance was thereupon given its second and final reading by title and
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
i
NOES: None
ABSENT: Vice -Mayor Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE N0. 9377
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.
35. FORMALIZING RESOLUTION: AGP.EEMEFT WITH t:IA24I MOTORSPORTS, INC.
I14TERNATIO14AL MOTOR SPORTS ASSOCIATION RACE IN DOWNTOk'N MIAMI.
Mayor Ferre: Now, on the question of that race now, Mr. Manager, what is the
item about road racing we are going to have on Biscayne Blvd.?
Mr. Gary: It is a formalization on the last sheet of the regular agenda.
Mayor Ferre: Does anybody have a number on that, please?
Mr. Gary: 43a.
Mayor Ferre: Alright, does anybody object to that item - 43a? Is there a
motion?
Mr. Perez: I move.
Mr. Dawkins: Second.
Mayor Ferre: Second by Dawkins. Further discussion? Call the the roll on
43a.
11
The following resolution was introduced by Commissioner Perez, who
moved its adoption:
RESOLUTION NO. 82-226
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AN
AGREEMENT WITH MIAMI MOTORSPORTS, INC. TO SPONSOR AN INTER-
NATIONAL MOTOR SPORTS ASSOCIATION RACE IN DOWNTOWN MIAMI,
GENERALLY WITH THE BOUNDARIES OF BISCAYNE BAY ON THE EAST,
N.E. SECOND AVENUE ON THE WEST, N.E. FIFTH STREET ON THE
NORTH, AND S.E. SECOND AVENUE ON THE SOUTH, ON THE WASHING-
TON'S BIRTHDAY HOLIDAY WEEKEND DURING THE MONTH OF FEBRUARY,
1983, AND FOR A MINIMUM OF FOUR (4) YEARS THEREAFTER ON THE
SAME HOLIDAY WEEKEND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSUIT: Vice Mavor Joe Carollo
36. PERSONAL APPEARANCE: LES BROWN OF THE NATIONAL CENTER
YEAR ROUND PROGRAMS FOR YOUTH IN THE CITY.
Mavor Ferre: Alright. Les Brown. You have aot to ao teach a class. Mr. Brown?
Alriaht. this is a Personal aPPearance. Item 15. Mr. Brown has a very good
idea regarding vear round youth Programs in the Citv. How much is it going
to cost. Mr. Brown?
Mr. Plummer: What item?
Mavor Ferre: Item 15. He has got to go teach a class. Give us a short
version of it. Les.
Mr. Brown: The hearing that we would like to have the presentation is
will be...it is in the packet, on the last sheet, and it comes to a total amount
of $11,695.
Mayor Ferre: Does this have your recommendation. Mr. Manager?
Mr. Gary: No...rather, yes.
Mayor Ferre: Is it no or yes?
Mr. Gary: Yes. I would like to sit down with him to work out the details of
the program.
Mayor Ferre: What...would you tell us where you are going to get the money
for this?
Mr. Gary: I think because of the fact that it is related to —indirectly related
to crime..in terms of crime avoidance, I will probably be taking the money from
the excess in the Police Department.
Mayor Ferre: All right, is there a motion?
Mr. Plummer: Move.
Mayor Ferre: It has been moved and seconded. Further discussion? Call the roll.
114 MAR
1� 4
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 82-227
A MOTION GRANTING A REQUEST MADE BY MINISTER LES BROWN
FOR FUNDING IN THE AMOUNT OF $11,695.00 TO CONDUCT A
SEMINAR/CONFERENCE TO EXAMINE THE FEASIBILITY OF A "MIAMI
YOUTH LEADERSHIP INSTITUTE" WHICH SEMINAR IS DESIGNED TO
CONTRIBUTE TO RIOT REHABILITATION.
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: bone
ABSENT: Vice Mayor Joe Carollo
FOLLOWING ROIL CALL:
Mayor Ferre: You don't want to make a speech, do you?
Mr. Brown: No, not at all. Thank you very kindly.
Mayor Ferre: Thank you.
Mr. Plummer: Smartest man that has been here today.
37. DISCUSSION ITEM: BARNETT LAZARUS, SENIOR CITIZENS, REGARDING
F.P.&L. FRANCHISE WITH THE CITY.
Mayor Ferre: We got Item No. 7, Mr. Bernie Lazarus. You got three minutes.
Mr. Lazarus: Your Honor, if I have three minutes, I am going to pass and
leave this meeting, because this is the second time I have been here. I have
got something that could affect the City of Miami's people, and cost them
probably hundreds of millions of dollars, and I am not about to take three
minutes of your time..
Mayor Ferre: You are here on the Florida Power & Light franchise issue.
Mr. Lazarus: That is correct.
Mayor Ferre: There will be a full fledged public hearing, at which time you
will have a lot of time to talk.
Mr. Lazarus: Time is running out. We had that same situation in Miami Beach.
We got the screwing of the century from Florida Power & Light and I want to
eliminate that now, so that the City of Miami doesn't run into the same nasty
situation that Florida Power & Light put the City of Miami Beach in.
Mayor Ferre: Well, I want to tell you that I will settle for the screwing that
Miami Beach got and I hope we get the same kind of screwing in the City of
Miami.
Mr. Plummer: Wait a minute. Speak for yourself, Mr. Mayor.
Mr. Lazarus: I happen to be the Executive Vice -President of the Florida Con-
gress of Senior Citizens organization, andkI am also the head of their politi-
cal action committee and this kind of talk, I am going to tell you frankly,
will not sit well with our people who comprise a large percentage of the people
in the City of Miami. We are being strangled by Florida Power & Light. We
have got an opportunity to go into a franchise deal that will give the people
an opportunity to get a fair shake, and we want to get the Florida Power &
15 MAR 11 i982
Mr. Lazarus: (con't) Light stranglehold off our neck, and if we can't have
the opportunity to present that in full, I don't want to speak on it.
Mayor Ferre: Bernie, you will have a full fledged public hearing for nothing
but that, and that has been called for already.
Mr. Lazarus: Yes, but when?
Mr. Gary: Before we make the decision.
_ Mr. Lazarus: That is not good enough. We had that same situation, and the
only way we ... we thought we solved it by kicking out the Mayor of Miami
Beach last November, and putting four new commissioners into the City of Miami
Beach, and then we got the raping that I just told you about.
Mr. Plummer: Well, Mr. Mayor, wouldn't it be simple to invite him..to have
Mr. Gary invite him to one of the negotiation sessions?
Mayor Ferre: Oh, no..........
Mr. Plummer: To makes his points known, that is all.
Mayor Ferre: I think that Bernie and the Manager...I would not deprive the
Manager of the pleasure of having a discussion with Bernie, my friend Bernie
Lazarus, who I have known for many years, and respect. And I think you ought
to meet with him and get a good education. Now, I don't think that you want
Bernie Lazarus involved in the negotiations with Florida Power & Light at this
point. I do think that you will be hearing from Bernie Lazarus at the public
hearing once the Manager concludes his negotiations.
Mr. Gary: I thank you, Mr. Mayor. We will do that.
Mr. Lazarus: You have got two years and....
Mayor Ferre: Bernie, we are going to do this. This will be here before us
in the next two months.
Mr. Lazarus: That's alright. As long as we have plenty of time, I am willing
to spend... this is the second time that I have been here. The first time I
was here, I had to leave, because my three o'clock hearing hadn't started at
7:30 P.H. and my three o'clock hearing today is now 6:30 P.M.
Mayor Ferre: Welcome to the City of Miami.
Mr. Lazarus: Your Honor, I had a lot to do with what went on in the City
of Miami, long before you ever took office here.
Mayor Ferre: I remember.
Mr. Lazarus: As you probably well know, and the Mayor that we had then...
Mayor Ferre: You also had some good advice up in Tallahassee once in a
while.
Mr. Lazarus: I certainly did, and I was there three times in behalf of the
people of the State of Florida.
Mayor Ferre: Most of the time it was good. Once in a while you made a mis-
take in your advice.
Mr. Larazus: Well, maybe I did, but it wasn't ... it was a mistake of commission,
not of omission. My heart was always in the right place., which was for the
long suffering people who are getting really the worst kind of a deal from
from the utilities and the State of Florida. We have got to put a stogy+ to it,
and we can do it with the City of Miami, which is the next franchise agree-
ment that is due to come up with Florida Power & Light. If you had read the
franchise that is expiring in two years, you will see that the City of Miami
got nothing and Florida Power & Light got everything. That is what I am try-
ing to avoid now.
Mayor Ferre: I just want to tell you that I..my position has been on the
record for a long time, and I just went through an election in November$ and
during my election, I was asked. I specifically stated my position and it is
no different, and that is that V do want to extend the 30 year franchise agree-
ment. That is my personal position.
Mr. Lazarus: I don't care how long they extend it, as long as the people get
a fair shake.
Mayor Ferre: All right, well fine. We will discuss that at the right time
Thank you, Bernie
Mr. Plummer: 'Can you extend that franchise?
Mayor Ferre: Yes sir,
38. PERSONAL APPOINTMENT: WILLIA11 PERRY, JR. REQUEST FOR FUNDS
RE:"COITFERENCE RELATIVE TO CRIME II; THE BLACK COIORMITY"
Mayor Ferre: Dr. William Perry. Mr. Perry, we have your recommendation
about a conference dealing with crime in the Black community. It is one of
the best proposals that I have heard in a long time. I frankly am wondering
why the NAACP - and I don't mean to be disrespectful - but why the NAACP hadn't
come up with this before and I commend you for your initiative; I am for you.
Manager, are you recommending it? You are not.
Mr. Gary: Yes, sir. I would also say, because this is a crime related issue,
that the funds come from the Police Department.
Mr. Plummer: Well, I raised a question with Mr. Perry. Did you inquire, Mr.
Perry, of the Manager?
Dr. Perry: I checked with the Manager, but I also checked with Miami Dade,
and, Mr. Plummer, what we are having in this situation is that..
Mr. Plummer: Mr. Mayor, I have only raised this question, and I will put it
on top of the table. I am all in favor of this conference, and the granting
of these monies. My concern is that this seminar is not going to be held any
where near the City of Miami.
Mayor Ferre: Oh yes, I need to tell you that. Thank you sir, I remember read-
ing it. We can't do it the way you want to have it.
Mr. Plummer: That is my only problem.
Mayor Ferre: That is not in the City of Miami. Our interest is in people of
Miami, not North Miami, or Dade County. You want to have that in the City of
Miami, I got no problem, but not up in North Dade.
Mr. Plummer: Make a facility available in the City of Miami I move it.
Mayor Ferre: I mean you can do it, but get it funded in Dade County.
Dr. Perry: We can do it in Dade, but that is not the point. I think that
You have to understand that the Souty Florida Criminal Justice Institute that
trains your cops is based at Miami Dade North Campus.
Mayor Ferre: Fine. Get funding from Dade County.
Dr. Perry: Miami Dade North Campus also provides a lot of services through
Mr. DAwkin's department to Liberty City and to the City of Miami, and Miami
Dade is becoming an institution in this community that is the only viable urban
institute in this community.
Mayor Ferre: Howard, help us out of this, would you?
Mr. Perez: Mr. Mayor... 117
MAR 1 x 198Z
Mr. Gary: I think, because I like Mr. Perry so much, we could probably put him
at the old Shell City site, but I think what he is saying to you is, is that be-
cause Miami Dade ,junior College has facilities and they are going to give it to
him at a reduced rate, as well as the services free...
Mayor Ferre: Alright, fine. I will tell you how I will vote for it. I will
give you a little leeway. I will vote for it on the premise that it be held
in the City of Miami, unless the City Manager, at his discretion...see, tae take,
and we also give a little bit —that the City Manager, at his discretion, feels
that the conference would best be served if it is held somewhere else. Is that
all right with you, Plummer?
Mr. Plummer: All I am asking is that it is the City of Miami taxpayer's money
that are paying this; it is for the benefit and education of the City of Miami
taxpayers. All I am saying is, hold it in the City of Miami.
Mayor Ferre: Fine, and that is what the motion says.
Dr. Perry: Can we get the Exhibition Center?
Mayor Ferre: The motion says, hold it in the City of Miami, if you can, and
if you can't, then the Manager has the discretion to move it somewhere else.
Mr. Plummer: Fine. Fine, I will move it. Fine. I have no problem with that.
Mayor Ferre: All right, i:. there a second?
Mr. Perez: I second and I would like to point out something, Mayor. I think
that the best way to fight crime is through education, and I recognize the
efforts of the NAACP.
Mayor Ferre: An educator, by the way that we are going to recognize on March
28th. You are all invited; I hope I am invited. Am I invited?
Mr. Perez: Sure, you are the honor guest.
Mayor Ferre: No, you are the honor guest.
Mr. Perez: Let me ... I would like to point out something. I think that it is
important that we try to promote a similar activity in the Little Havana area.
I have heard that the Inter -American Chamber of Commerce has a proposal on that
matter and I would like to vote also for that one, but I see that Commissioner
Plummer has moved...
Mayor Ferre: I will recognize you for that motion after we vote on this.
Mr. Perez: I would like to make that motion, but I second and I applaud this.
Mayor Ferre: Further discussion?
Mr. Dawkins: Discussion. Are we saying that it is not to be held at Miami
Dade?
Mayor Ferre: No.
Mr. Dawkins: If it is, then I can vote. If it is still being considered at
Miami Dade, as an employee of Miami Dade, I would have to abstain.
Mayor Ferre: Miller, you ought to abstain, because let me tell you what. The
motion is that it be held in the City of Miami unless the Manager at his dis-
cretion thinks that it should be held somewhere else. Somewhere else is going
to be Miami Dade. I think you are better off abstaining, okay? Further dis-
cussion? Call the roll.
118
MrlR 1 1 1982
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 82-228
A MOTION GRANTING A REQUEST FOR FUNDS MADE BY DR. WILLIAM
PERRY IN ORDER TO HOLD A "CONFERENCE RELATIVE TO CRIME IN THE
BLACK COMMUNITY WHICH CONFERENCE DESIGN CALLS FOR THE CON-
STRUCTION OF AN ACTION PLAN TO ADDRESS AND BRING SOLUTIONS TO
THE MANY PROBLEMS CONNECTED WITH CRIME, WITH THE PROVISO THAT
IT BE HELD IN THE CITY OF MAIMI IF POSSIBLE, AND IF NOT, AT
SUCH OTHER PLACE AS, IN THE CITY MANAGER'S DISCRETION, THE PUR-
POSE OF THE CONFERENCE WOULD BEST BE SERVED; AMOUNT OF FUNDS
GRANTED NOT TO EXCEED $5,200.
Upon being seconded by Commissioner Perez, the motion 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
ABSTAINED: Commissioner Miller J. Dawkins
39. REQUEST FOR FUNDS FOR CONFERENCE RELATIVE TO CRIME IN THE
LATIN COMMUNITY (INTER-AMERICAN CHAMBER OF COMMERCE)
Mayor Ferre: Now, Commissioner Perez, for the purposes of making an identical
motion for the same amount of money and the same training and the same going
to the Little Havana community; I would hope that you would include Allapattah,
Wynwood and the other Hispanic centers.
Mr. Perez: That is right.
Mayor Ferre: Okay. Alright, and this is going to be done through...
Mr. Perez: Inter -American Chamber of Commerce.
Mayor Ferre: Inter -American Chamber of Commerce. Is there a second? Further
discussion. Do you have any problems with that?
Mr. Gary: No, just as long as it goes through the same procedure.
Mr. Plummer: The same procedure and it be held within the City.
Mayor Ferre: Everything the same. Absolutely. In fact, I think you ought to
do it in parallel, so that you might be able to save a little money by doing
them both either together or concurrently or side by side. Further discussion?
(INAUDIBLE STANDARD LANGUAGE ON MICROPHONE)
Mayor Ferre: I thought you said it was $5000?
Mr. Plummer: It is $5000.
Mayor Ferre: Howard, is it $5000?
Mr. Gary: $5200.
Mr. Carollo: Bill, you are all going to be working with the Police Department
on this?
119
y��l
MAR 11 1982
Dr. Perrv: I beg your pardon?
Mr. Carollo: Will you be working.with the Police Department on this? .
(INAUDIBLE RESPONSE FROM AUDIENCE, NOT PLACED INTO PUBLIC RECORD)
Mr. Carollo: Okay, fine.
Mayor Ferre: Further discussion? I would hope we get our own Police Department
involved in this.
Mr. Gary: They are involved, according to what his plans is.
Mayor Ferre: I just don't want to be subsidizing Liberty City and Model
City's Dade part..Metro part; this is City. Alright, call the roll on
Perez's motion.
The following motion was introduced by Commissioner Perez, who
moved its adoption:
MOTION NO. 82-229
A MOTION OF THE CITY COMMISSION STIPULATING THAT, IN RECOGNI-
TION THAT THE BEST WAY TO FIGHT CRIME IS THROUGH EDUCATION,
THE AMOUNT OF $5,200 IS GRANTED TO THE LITTLE HAVANA COMMUNITY
CENTER, ALLAPATTAH, WYNWOOD AND THE OTHER HISPANIC CENTERS, THE
ABOVE TO BE DONE THROUGH THE INTER-AMERICAN CHAMBER OF COMMERCE
WHO HAS A PROPOSAL WHICH ADDRESSES AND HOPES TO BRING SOLUTIONS
TO THE MANY PROBLEMS CONNECTED WITH CRIME IN THIS COM!%TUNITY.
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.
ViceMayor Joe Carollo
Mayor Maurice A. Ferre.
NOES: None.
ON ROLL CALL:
*14r. Dawkins: Dr. Perry, I would like to go with you to the County and ask
the Countv to match this in that the individual that you were dealing with,
although we said City of Miami, that does not necessarily mean that the in-
dividual would not go into the County and commit a crime, nor does it necessari-
ly mean that the individual in the County will not come into the City and com-
mit a crime, so I would like for you to go before the County to see if you
can't get the same amount of money to work it collectively.
40. DISCUSSION & DEFERRAL: CESAR ULLOA, VICE PRESIDENT ASSOCIACION
DE FUTBOL DE LAS AMERICAS, REGARDING USE OF MIAMI BASEBALL
STADILTl.
Mayo Ferre: Al right, we have Mr. Cesar Ulloa. Mr. Ulloa, you have got ... how
much do you need - three minutes?
Mr. Plummer: No, he needs money.
Mayor Ferre: No money. Mr. Ulloa, you are Vice President, De Futbol De Las
Americas. Alright, go ahead.
120
WAR 1 1 1982
9 0
At this noint, Mr. 1111ca requests An interpreter.
Mayor Ferre: Cesar, we need your services.
(TRANSLATION BY MR. CESAR ODIO): Commissioners, we are here with
the good intention to again try to get both communities together. The opportunity
to be able to unite the whole Latin community into playing soccer. We have
done two tournaments for two years; they are called the Tournament of The
Americas in the Miami Stadium.
Mayor Ferre: Let's get right to the point. What does he want?
Mr. Odio: What they want is tbht we give them the facilities to play that
tournament.
Mayor Ferre: Walter, you saw them play last year; you were here during the tourna-
ments, weren't you? Did they do a good job?
Mr. Gary: Well, you need to know first of all, they gave us a bad check
for $500.
Mayor Ferre: They gave us what?
Mr. Gary: They gave us a bad check
(LAUGHTER)
Mr. Ulloa: Mr. Mayor, my English is bad, but that one I understand.
(LAUGHTER)
Mayor Ferre: That is the best example of bilingual acceleration that I have
ever seen in my life. Mr. Ulloa, I am going to come back to you, because, I
tell you, he is a nice man; I don't want him to misunderstand. We are not
making fun of him. Alright, now, aside from giving you a bad check for $500,
did a lot of people participate and was it a successful event and were there
people, or was it a flop? Honestly.
Mr. Golby: Well, I think that basically, they could have had larger crowds;
they could have promoted it better, this type of thing.
Mr. Carollo: More important, were we ever reimbursed for this $500?
Mr. Golby: We are still, the $500 is still outstanding.
Mr. Carollo: So, we are still $500 in the hole?
Mr. Gary: And we still have his bad check.
Mayor Ferre: And is he asking for the field for one game, or for a whole
series of games?
Mr. Golby: Well, at the time that this took place, it was a series of games.
Mayor Ferre: How many games?
Mr. Golby: I would say that they probably played about eight to ten weeks.
Mayor Ferre: Eight to ten weeks! Every day?
Mr. Golby: No, no. On the weekends, like Sundays or Saturdays. Each week.
Mayor Ferre: For eight to ten weeks. So they used the stadium about twenty
times?
Mr. Golby: No, about eight to ten before the bad check.
Mayor Ferre: Oh, eight to ten? Did they pay before the bad check?
Mr. Golby: Yes.
Mayor Ferre: And how much did they pay, before the bad check?
Mr. Golby: $500 per event day, plus expenses.
Mayor Ferre: Plus expenses, you mean like lighting the field and all that?
Mr. Golby: Yes.
121 MAR i 1 1982
Mayor Ferre: So, in effect, we got about $5000 from them before the bad check.
Mr. Golby: Yes, sir.
Mr. Ulloa: (Mr. Odio translating) Mr. Mayor, can I explain about the check?
He is the vice-president of his league right now, Mr. Mayor. He didn't give
the check, Mr. Mayor. The manager of the stadium knows that it wasn't my
signature, and it wasn't him that gave the check.
Mayor Ferre: Is the guy who gave us the check gone now?
Mr. Ulloa: (Mr. Odio translating) It is the same association, Mr. Mayor.
Mr. Plummer: He is representing an association and the association gave the
check, right?
Mr. Odio: Right. That is correct.
Mr. Plummer: When is this event supposed to take place?
Mr. Ulloa: In September.
Mr. Plummer: Well, let me tell you something. Father Gibson had a good way of
putting it. You have got to come into court with clean hands. I move that
this matter be deferred and he be given the opportunity to take rubber out of
the check and then come back, and we will discuss it, but I think that Father
put it real very bluntly "Come in with clean hands" and at this point, not you,
sir, not you personally, but the association that you represent is the ones
who did the bad deed, so I think that association has got to come in with clean
hands before they can request again.
Mr. Ulloa: Thank you, Mr. Commissioner.
Mr. Plummer: I move this item be deferred.
Mayor Ferre: I don't think we need a motion for it. Mr. Manager, just put it
on the agenda again in the future.
Mr. Plummer: Assuming..
Mayor Ferre: Wait, wait, assuming the guy pays his check.
Mr. Plummer: Not "he", the association.
Mayor Ferre: It is is easy to... the thing was funny, really, and I laughed
along with everybody else, but I don't want this poor man to leave here,
thinking that we have laughed at him and that we made fun of him. This guy
is an honest individual, trying to do and render a service to this community.
Now, you know, and he and his associates had a great idea. Soccer is a very
important thing to a lot of people in the world, and I want to tell you that
it isn't only the Strikers who play soccer in Southeast Florida, and I tell
you, you go to any of the City Parks on Saturday and Sunday, and you will see
all kinds of people, Black 6 White, from all over the world, and the United
States, kids, playing soccer. I don't want to make fun of somebody who
really has made a real honest effort to build up this community in the sports
program, and I for one, am supportive, and I just want to tell you, that when
you come back here, and I know that this is going to be an effort and a strain
on you, you come back here, you got my support; I don't know about anybody else.
Mr. Ulloa: Thank you, very much.
122
MAN 11 1982
41. PERSONAL APPEARANCE: JOSE NAVARRO - REQUEST FOR FEE WAIVER
BAYFRO11T PARK AUDITORIU1
Mayor Ferre: We are now on Item No. 13, which is Mr. Jose Navarro. Mr.
Navarro, do you need three or five minutes?
Mr. Navarro: Ten seconds.
Mayor Ferre: Okay. You are my kind of person. Go ahead.
Mr. Navarro: Well, basically, I am with Senior Centers of Dade County, 1407
N. W. 7th Street.
Mr. Plummer: Maurice we can't do it
Mayor Ferre: We did it the same way we do with all the others, J.L. We
make a donation. That is the way we have done it in the past. We did one,
what, two months or a month ago?
Mr. Plummer: Al right.
Mayor Ferre: These are senior citizens, and this is the largest senior center
operation in all of Florida, and as far as I am concerned, if it isn't there,
then who are we going to help?
Mr. Plummer: all right, fine, I have no problems. Okay?
Mr. Dawkins: Move
Mr. Perez: Second.
Mayor Ferre: Further discussion. Call the roll.
The following motion was introduced by Commissioner Dawkins, who
moved its adoption:
MOTION NO. 82-230
A MOTION GRANTING A REQUEST MADE BY JOSE NAVARRO ON BEHALF
OF THE "SENIOR CENTERS OF DADE COUNTY, INC." FOR USE OF BAY -
FRONT PARK AUDITIRIUM ON TUESDAY, APRIL 13, 1982, FOR THE
HOLDING OF THE "ANNUAL INTER -CENTER FASHION SHOW."
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.
ViceMayor Joe Carollo
Mayor Maurice A. Ferre.
NOES: None
ABSETTr: None
42. PERSONAL APPEARANCE: MICHAEL E. ANDERSO11, ESQ. REGARDING 315
N. E. 2 AVENUE - AIR RIGHTS (NO ACTION TAKEN)
Mayor Ferre: Mr. Anderson? I've got a feeling I have heard about this issue
before, Mr. Anderson.
Mr. Anderson: Several times.
Mayor Ferre: What does this make, the fourth or the fifth time.
Mr. Anderson: At least five times, I guess.
100 19g2
Mayor Ferre: This is the sidewalk item. They have got a beautiful building,
but it overhangs the sidewalk. Administration is opposed to it. It has been
turned down, but he keeps coming back.
Mr. Anderson: No, it has not been turned down. The Commission has never turned
it down.
Mayor Ferre: Oh, I am sorry.
Mr. Anderson: We never got to a vote on it. We gave the City the ten feet
in front of our building and there was a request that we do certain things
as a compensation package. In other words, we gave them the property -free and
clear, no strings attached, and then there was a request that we come up with
fifty trees, which the City initially said could be used for Overtown and we
have a declaration of restrictive covenant, which we did that, and we gave some
other things which you had said were, you know, for us, which in effect, do im-
prove the sidewalk, pavers and trees. and there was a....
Mr. Plummer: Mr. Anderson, I think you made a mistake, sir. We didn't re-
quest anything. You volunteered it.
Mr. Anderson: We volunteered.
Mr. Plummer: That is what I thought I heard you say.
Mr. Anderson: And, there was some question about whether this would create
precedent. We gave several photographs of all these different buildings. I
have some larger ones here, showing buildings that overhang the City's side-
walks, incluainpRoberts Parking Garage and the Miami Rug Company, and Burdines,
of course, which crosses the street, and there is Burdines, and Woolworths
and Kress over here; there is an unnamed building on the corner of Miami Avenue
and so forth. We are only asking for one floor, and in addition, we are saying
that if you need the thing for right-of-way, we will take it down at our own
expense, and that is part of our covenant. I have also got other pictures,
but there are all kinds of examples. The only difference between ours and
most of these is that you don't have the right to tell them to take these down
if you need it. Down at the Immigration Building there is a little balcony
over here, and this is the building in back of the Olympia Building, so there
are loads and loads of precedents for it, and we wanted to show that to you,
Mayor Ferre: All right, Mr. Manager, what is the Administration's recommendation?
Mr. Gary: Our recommendation is that we don't recommend that this be granted.
I would like for the Public Works Director to give you our scenario on the
subject.
Mayor Ferre: Alright. Don?
Mr. Don Cather: I prepared a memorandum which I distributed to you in your
package, but basically, this is against the zoning law, as amended, and each
one of the cases, except for the INS Building, was a case of a building having
an arcade that has been there for many, many years, long before the zoning law
was passed, and there is not much we can do about it. I would like to go
through each one of the items. The Burdines Department Store is a specific
case where we received a deed for the sidewalk along South First Street with
a reservation by Burdines for the right to maintain the existing arcade. The
Miami Rug Company received an easement in 1936 to construct a sidewalk along
S. W. First Street with the condition that the owner retain the right to con-
struct the building. The Woolworth Company, we received an easement in 1927
to construct a sidewalk, would they be allowed to provide the arcade over
the sidewalk. The Urmey Hotel again, an easement for the sidewalk dated
1933 contained a condition that the existing arcade remain. The Langford,
and the Hotel Cologne,we have no record of the deed. The Continental Bank,
their projection over the sidewalk is an architectural treatment, which is
provided for in Section 36.03 of the South Florida Building Code, which cannot
be removed without damage to the building structure. Canopies are permitted
under the code, but not restaurants going up another story. The Capitol Mall
is an overhang and its a marquee permitted under the code. The Immigration and
Naturalization Building is the one exception, where a five foot wide overhang,
beyond the base building line was permitted by special action of the City
A 0 Mmlk 11 1982
Mr. Cather: (con't) Commission through some very extenuating circumstances.
It is certainly not a precedent that we want to set. The Roberts Parking
Garage, we have no record of any easement or special action by the Commission
providing for this existing overhang. We are still of the opinion that this
request for a proposed balcony be denied.
Mr. Anderson: I would just like to briefly respond and tell you that most
of these old buildings, what they did was, they said, okay we will give you
the sidewalk and we will hold this hammer over your head, that if you want
it, we are going to build our building over it. Now, we didn't do that; we
just gave you the property and we figured that if we gave you a compensation
package, that would be satisfactory to the City, we would hope to be able to
do this. I could give you just the one, like the City of Miami Rug Company.
"The City received an easement dated (certain date) to construct a sidewalk
along First Street with the condition that the owner retain the right to
construct the building or arcade projecting over the easement". We didn't do
that. We gave you the property. I suppose what we should have done was
held the hammer over and said "Look, if you want this ten feet, give us
an easement of one floor". That was not our intention to do it; we don't want
to do anything against the City, but we are asking for six feet in that public
air space with the right for you to tell us to tear it down.
Mayor Ferre: Look, Mike, we have gone through this five times, and I think
everybody on this Commission is sold. At least, I for one, know the issue
well. I don't know whether anybody has any doubts. I am ready to vote on
this thing. So I am ready to ask..what? You don't know how I am going to vote.
Mr. Gary: No, I just want to reiterate to the City Commission that the current
code does not permit this to occur. I just wanted to let you know that before
you voted.
Mayor Ferre: Well I don't —how can we vote for it then?
Mr. Gary: I think the Law Department would have to answer that.
Mr. Anderson: You know, we went to the Building Department and they said..
Mayor Ferre: Mr. Clark? Mr. Percy? Now, the Manager just made a statement,
which, if it is true, what the hell have we been wasting all this time for?
Mr. Percy: Mr. Anderson sought this appearance before the Commission, and...
Mayor Ferre: I am not asking that. I am saying... the Manager made a state-
ment. He said that the code does not permit what he asking. Is that true or
false?
Mr. Percy: That is correct.
Mayor Ferre: Then, what are we wasting time for?
Mr. Anderson: I don't want to waste my time either, but the INS Building was
approved a few years ago, and the Roberts Parking Garage was certainly ap-
proved under the ordinances, and I was told that the City, that the South
Florida Building Code, and so forth, that this would be, that this could be,
approved. And, you have been approving crossways and so forth in the Dupont
area, and so forth, all through there, and you know ... they are supposed to
be walkways, but you know what happened in Burdines, since the card shop on
Mayor Ferre: Mike...
Mr. Anderson: the second floor that crosses the street.
Mayor Ferre: Mike, I know. You were City Attorney for many years. You know
as long as I sat here, I turned to the City Attorney and I would say "Give us
the reading". Now, you know ... you argue with him. Now, do you want to delay
this again?
Mr. Anderson: No, I ... we just want a vi
Mr. Plummer: What he is saying, Mike, i
Mayor Ferre: But, see, the thing that concerns me, and I don't, I mean... in
all due respects to you, Terry and Georges this is the fifth time this man
come here, and we have been discussing this back and forth, and for God's sake,
if we can't vote on it, and we are precluded, then what the hell are we bother-
ing making him come back here time and time again for?
Mr. Gary: Well, one of the reasons is, we told him opposition. You directed
us to go back and to get his information and to research it.
Mayor Ferre: I know, but Howard, if you had told me in the beginning "You
can't do this; it is against the code". -
Mr. Gary: We did tell you.
Mayor Ferre: You did?
Mr. Gary: We did. Yes, sir.
Mayor Ferre: I sure didn't hear you. You did? You told us? Does anybody
on this Commission remember being told that this was illegal?
{ Mr. Plummer: I think we were told...I won't verify that, but I think we also
told the Manager, "Look, we would like to help the man if humanly possible.
Go back and find if there is a way that we can accomodate". I think that is
where it has been going back, going back. One time it was the covenant
-� hadn't been surrendered. One time he didn't come up with enough trees.
Another time...
Mayor Ferre: And you haven't found...
Mr. Knox: As I recall, the situation was that Mr. Anderson sought to persuade
the City Commission that the City's rights would not be impaired, if indeed,
he could devise or formulate a situation that would be acceptable to the
City, providing the City adequate protection of its rights in terms of the
air rights. No. 1, he offered to tend a covenant that indicated that the
City's rights weren't interfeared with, and he said he would come back with
the covenant and the City Commission heard it and said that is wasn't satis-
factory. He then came back and offered to do some landscaping services and
to improve the right-of-way. The City Commission said that wasn't sufficient,
and he said he would come back, and now Mr. Anderson is back again.
Mayor Ferre: The question remains —the Manager said we are precluded from
doing this by the Code. Is that so?
Mr. Knox: You do have some discretion. That discretion has to do with
whether or not the City feels that its rights to the air above the surface
would be impaired by permitting this overhang.
Mayor Ferre: So then, we can do this/
Mr. Knox: Well..
Mayor Ferre: Yes, or no? The Manager says we can't do it; the Code says we
can't do it. Now, you are saying that we can do it.
Mr. Knox: Mr. Anderson is also saying that there have been precedents, not
that you would be violating the code, but at the same time, you could be
protecting your rights as they exist under the code, so we are talking about
essentially two different things. Mr. Anderson...
Mayor Ferre: George, I don't care what Mr. Anderson is saying. You have
to care what he is saying. I care about what you say. You are the City
Attorney. The Manager says we can't do this because it is illegal. Can we
do it..yes, or no? If we can, let's get on with the vote. If we cannot, then
tell us, and that is it.
Mr. Knox: If you do, you give up your rights to the air space.
Mayor Ferre: Is that a yes, or a no?
126
�f.4
Mr. Knox: Look, if you do, you give up your rights to the air space.
Mayor Ferre: Well, sure we give up the air space. That is what he is asking
us for.
Mr. Knox: But you see, what he is saying is that he was trying to find a way
that you would protect your rights to the air space.
Mr. Anderson: I have. If you need it for public purpose, you take the
air space; we cut it off at our own expense. It is only a balcony type
sitution. It is not like these buildings that you saw in the pictures
where they are built all the way up.
Mayor Ferre: Can we do it? Come on George, I mean, you know, it is your
call, but you have got to give me an answer.
Mr. Knox: I know. Look, you can do it, but I must tell you that you have
the power to do it, but if you do it, then you cut off your rights to the
air space.
Mayor Ferre: Okay. Now, so the answer is legally we can do it, but by doing
it, we are cutting off the rights to the air space. Okay, but we legally
can do it. What is the will of this Commission? Remember, the burden comes
on us.
Mr. Plummer: I went to the bathroom. Has the legal opinion changed?
Mayor Ferre: Go to the bathroom again, would you? Let's go, come on.
Mr. Cather: Mr. Mayor.
Mayor Ferre: Yes?
Mr. Plummer: When I left here, it was said that it was illegal and we
couldn't do it.
Mayor Ferre: The City Attorney has corrected that, because that was the
legal opinion by the Manager.
Mr. Gary: That was my personal opinion. Mr. Mayor, in order for you to have
all the information so that you could make a proper decision, Don would like
to say just one more thing.
Mayor Ferre: Alright, Don, let's go.
Mr. Cather: I would like to point out that this action involves every street
in the City of Miami where we have established a base building line under the
zoning code, and that every case where the property line now goes out beyond
the base building line, we are going to have somebody coming in here, wanting
to use that property, especially in the downtown area, where all this valuable
property is now required to set back an additional five to ten feet in the
downtown area to give this code the value that it was given twenty-two years
ago and...
Mayor Ferre: Yes, but now Don, I will tell you. I just want to express a
personal opinion. The best thing that could happen to downtown, frankly, is
if all these builders would build arcades over the sidewalks, so that there
would be pedestrian protection not only from the sun, but the rain, so I have
no problem with that, personally.
Mr. Cather: I have no objection myself to arcades, and the arcades are
clearly permitted under this code.
Mayor Ferre: You know, Beth Dunlap left; she was around here for a while,
and I will tell you, she will write another story on Sunday telling you you
ought to do that.
Mr. Cather: An arcade is not a restaurant built up over the street and a use
of his property. An arcade is for the public protection and is permitted under
the code.
Mayor Ferre: Alright, Gentlemen, what is the will of this Commission?
127 19e2
tvdr, 1 1
,i
Mayor Ferre: (con't) Let's go, one way, or the other. Make your motion.
Mr. Carollo: Mr. Mayor, I want one additional opinion from the City Attorney.
Mayor Fevre: Mr. City Attorney.
Mr. Carollo: And that is, what happens if someone gets hurt underneath the
arcade? Are we liable or are they, or both?
Mr. Knox: Once again, the air space belongs to the City of Miami and any
liability could accrue to the City of Miami.
Mr. Plummer: Depending on who is negligent.
Mayor Ferre: Not necessarily; that is the point.
Mr. Knox: You see, but the City would then have the burden of shifting the
liability to someone else.
Mayor Ferre: Mr. Anderson, do you want to answer that?
Mr. Anderson: Well, we would give you any kind of insurance policy that you
would want to have.. You can see that...
Mayor Ferre: Is that volunteered?
Mr. Anderson: Yes. You can see that Roberts Parking Garage is five stories.
They could drop something off and hit somebody in the head too, you know.
Mr. Carollo: Last, but not least, Mr. Anderson, can I see a final picture, or
drawing, if you have one there?
Mr. Anderson: Of the building, itself? I will give you a brochure.
Mr. Carollo: I know we have gone over this quite a few times, but..
Mayor Ferre: It is a nice looking building; that is not the point.
Mr. Carollo: No, but it is a nice looking building.
Mayor Ferre: In fact, it is an architectural improvement, but that is not
the point. What is the will of this Commission?
Mr. Carollo: Mr. Mayor, I will make a motion for approval.
f
Mayor Ferre: Is there a second? Is there a second? Last time, is there a
second? Hearing no second, you don't look like you are going to get three
votes. Nice try, Mike, and I want to tell you that you presented your case
well and you fought hard.
Mr. Anderson: Thank you.
ti
AT THIS POI!IT MOTION FOR APPROVAL DIED FOR LACK OF A SECOND.
43. PERS014AL APPEARANCE: PHILLIP A. YAFFA, HOLYVELL CORP.
TEMPORARY USE OF BANDSHELL AREA OF BAYFRONT PARK.
Mayor Ferre: We are now on Item No. 16, which is a personal appearance by
Phillip A. Yaffa, General Counsel for Holywell.
Mr. Yrjftrj: I need about 30 seconds, I think, your Honor.
Mayor Ferre: Alright.
Mr. Yaffa: Mayor, Commissioners, we are here today, asking you to extend our -
temporary use agreement that the City had previously granted us on a month to
month basis for the use of Bayfront Parklon the same terms...
128
Mayor Ferre: Plummer is going to have some fun on this one.
Mr. Yaffa: On the same terms and conditions as the agreement is existing.
Mayor Ferre: Well now.
Mr. Plummer: There is nothing more permanent around City Hall than temporary
funding.
Mr. Yaffa: This is not funding.
Mr. Plummer: Oh yes, it is funding...the lack of.
Mr. Yaffa: Well, we are actually paying $5,000 a month into this Bayfront
redevelopment....
Mr. Plummer: And you are making almost $16,000 a month off of it.
Mayor Ferre: Plummer, let me tell you something.
Mr. Plummer: Well, no, I didn't hear your response to my....
Mr. Yaffa: The parking lots are remaining open for the benefit of the public,
Commissioner.
Mr. Plummer: Yes. and how -much are you making off of it? I think it is a
legitimate question.
Mr. Carollo: It certainly is.
Mayor Ferre: We have been through this before.
Mr. Yaffa: I think the parking rates are $4.00 all day, per car.
Mr. Plummer: My question still remains is, how much are you making off of
it sir?
Mr. Yaffa: I don't know. I don't have that information.
Mr. Plummer: I think you ought to be given the opportunity to produce it.
I will move to defer until those revenue records are produced. Just that
simple.
Mayor Ferre: Look. Let me tell you where we are at, okay? Let me reconstruct
for you. Goulds said "I am going to close my lot on Dupont Plaza, so I can do
my construction". Then he came here and he said "If you let me tear down the
bandshell, and park there, I will leave my parking structure, and I will pay
you - not much, but I will pay you something". As far as I am concerned, it
was a good opportunity to tear down the bandshell. If I could have gotten him
to tear down the library, I would have let him park there too. You know, just
to get this library torn down, but we can't do that quite yet.
Mr. Plummer: Not quite yet.
Mayor Ferre: Now, in the meantime, I don't know why he did it for six months,
or whatever, but that is the way it was done. Now it comes up...
Mr. Plummer: It was temporary
Mayor Ferre: But the building...
Mr. Yaffa: We are still asking for a month to month basis.
Mayor Ferre: Let me finish now, Mr. Yaffa, the building hasn't been finished.
Now, he is on his way to finishing the building. Now, if we say "no" to him,
let me tell you what is going to happen. He is going to say "Fine, I will
move out", because all he is talking about basically now, is the parking of
the employees. That is who uses it. You know what is going to happen? We
are going to lose that parking...
Mr. Plummer: We are not saying no. You missed the point
Mayor Ferre: But, you said you want to defer it.
129 VaAD
il-, 1982
Mr. Plummer: No, I only want to defer until he produces the records of how much
money they are making. I think we are entitled to that. That is all.
u
Mayor Ferre: Well, I don't mind doing that as long as we extend the parking
there until that matter is resolved.
Mr. Plummer: We give him a 30-day extension now, fine.
Mayor Ferre: I will go along with that.
Mr. Carollo: What I see what is going to happen by us doing this, Maurice,
if indeed they are making that much money, than I think we legitimately have a
right to go ask for some more money for the City.
Mr.Plummer: Sure, that's why it was for 6 months.
Mayor Ferre: I am with.you, Make you motion, Plummer.
Mr.Carollo:And if we get threatened by Mr. Gould, well, he will just close that other
place down; then you know what is going to happen? The Citizens of Miami are
going to look at him as the bad guy, not us, and he is going to have to take
that burden.
i'
Mr. Plummer: My motion would simply be that we give him a 30-day extension
on the temporary paring. In that period of time he produce revenue records
to this Commission, and we will decide again on an extension on the next 30...
i
Mayor Ferre: Is there a second? Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 82-231
A MOTION OF THE CITY CO1011SSION GRANTING A REQUEST MADE BY
PHILLIP A. YAFFA, GENERAL COUNSEL FOR HOLYWELL, CONCERNING
TEMPORARY USE OF THE BAYFRONT PARK BANDSHELL AREA FOR A 30-
DAY EXTENSION FOR TEMPORARY PARKING IN WHICH PERIOD OF TIME
HE SHALL PRODUCE BEFORE THE COMMISSION THEIR REVENUE RECORDS,
AT WHICH POINT THE COMMISSION WILL AGAIN CONTEMPLATE A SECOND
POSSIBLE EXTENSION.
Upon being seconded by Commissioner Carollo, the motion was passed
and adopted by the following vote:
I
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
ViceMayor Joe Carollo
Mayor Maurice A. Ferre.
NOES: None.
44. REOPEN STREETS IN DOWNTOWN AREA IF NO CURRENT CONSTRUCTION IS
TAKING PLACE ON NEW PROJECTS TO EXPEDITE FLOW OF TRAFFIC.
Mr. Plummer: Let me ask a question, very briefly, and I will try to refrain.
Mr. Grimm, I have been getting very, very concerned in the downtown - this doesn't
affect you sir, yes it does too - I getting very, very concerned, Mr. Grimm on
streets that are partially blocked off, for which I see no apparent reason, and
I will start with you, sir.
Mayor Ferre: Would you believe a fifty story building; is that apparent enough?
Mr. Plummer: No, sir. I will talk about right next to the Howard Johnson's.
There is absolutely no reason that I can see; there is nothing between the gut-
ter and the fence, that these downtown... that street is now down to one lane.
Vince, Mr. Manager, I want to tell you something; you had better go down there,
we arc, strangling because of it. Now, you know, Southeast Bank, they put that
fence• up from day 1, and they are not...
.. ,� -,, �� ►. 011 19�2
J&
Mayor Ferre; You know, J. L., that is super-duper, and I am with you all the
way, but let me tell you something.
Mr. Plummer: Tell me something.
Mayor Ferre: Everybody wants to go to heaven; nobody wants to die. We all
want progress; we all want these buildings to be built in downtown. Go to
New York City; they have to do the same thing in New York City. How else,
please tell me, can you put up the tramp tower, or a fifty story building
or a hundred story building in New York, or Miami without doing this? I mean,
please tell me what the invention is where you can build a fifty story tower
without doing this in a city where streets are fifty feet wide?
Mr. Plummer: Mr. Mayor, I tell you, it can be done. The days that they
were using it for the cranes to lift the material, I agree it nwas necessary,
but for the past 30 days that strip hasn't even been used for storage.
Mayor Ferre: J. L.,show me where in America, in any American city where
fifty story buildings are done where that doesn't happen. Just tell me one
project, just one. In Dallas, Houston, Denver, New York, San Francisco,
Chicago, Philadelphia, Boston, name it.
Mr. Plummer: Look, all I am trying to do is to free up the traffic in the
downtown area. I am not saying to them "Go, remove the fences". I am saying
that it is possible to review, and if any way humanly possible, reopen those
streets. That is all I am saying.
Mr. Grimm: We will look into that, Mr. Mayor, if there is any abuse.
Mr. Plummer: It is not an abuse. If it is not used, open it; that is all I
am saying.
Mayor Ferre: You know, I know. There are a lot of people that would like to
have the old Flagler houses up and back again .... That is not
going to happen. Okay, he is going to look into it, and I am with you.
L
5. PERSONAL APPEARANCE: MIKE GENDEN REGARDING BARBED WIRE
WITHIN RESIDENTIAL NEIGHBORHOODS.
Mayor Ferre: Alright, 16a, Mike Genden regarding the barbed wire fencing.
Mr. Plummer: What item is this?
Mayor Ferre: 16a. Yes, sir. Go ahead.
Mr. Genden: My name is Mike Genden, and I live at 4174 Briganza, which is in
South Coconut Grove, and I have lived there for approximately eight years with
my wife Marie Christina, and my property is adjacent to 4011 Bonita, and the
neighbor of mine constructed barbed wire, and I understand was given a permit
by the City of Miami. Now, the ordinance basically allows the City to give
people permits if it is essential to health and welfare. But, it is incredible
to me, that a person who lives next door..
Mr. Plummer: Gives permits for moats and alligators?
Mr. Genden: to property where barbed wire is constructed is not consulted or
asked whether or not he has an objection, and was able to make those objections
known. Now, I don't think the City of Miami - and let me tell you, I was born
here; I have lived here all my life - I am an attorney here; I practice law
here; I went to school here - I think it is incredible that somebody is not
given the opportunity to say "Wait a minute, that may be her fence, or that
may behis fence, but that barbed wire is going up between my property and
their property, and I have got a wife and I've got kids and I've got animals".
And the City of Miami doesn't need barbed wire in residential areas all over
the place. They don't need that image problem, and they certainly should be
given an opportunity to be heard, and if there is a loophole, it should be
131 _,_ ..01
' tw dw
Mr. Genden: (cont'd) corrected, and I think that barbed wire should
be taken down.
Mayor Ferre: Mike, I am with you. Okay, I just want to say I don't think
there is anyplace in this city - I just don't like barbed wire as a matter
of principle. People can put up walls, I don't have any problem with walls -
wood walls, wire walls, cement walls, bushes, anything, but barbed wire is just
ot...that's not Miami. Now, that may be somewhere else, but that is not
Miami.
132 MAR 111982
Mr. Carollo: Mike, can I see the pictures that you have?
Mr. Mike Genden: Yes, sir.
Im Mayor Ferre: What can we do about that?
Unidentified Speaker: Change the Code.
Mr. Plummer: Yes, but that's not going to help him.
Mayor Ferre: Well, it's too late to help him, but we may help the next guy
because, you know,...
Mr. Plummer: Well, are you sure that wall is erected properly?
i Mr. Genden: I presented the Commission with some pictures. Also in the pictures
there is a sign in the window of my neighbor which I think might be interesting
to the Commissioners to see what I am dealing with. Commissioner Carollo, do
you see what I'm talking about?
Mr. Plummer: This thing is not constructed properly.
t
Mr. Plummer: No question, the foundation on that wall is very bad. It's got
i cracks.
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
f Mr. Genden: May I say something while you are looking it up, Mr. Mayor? I
submit to every Commissioner sitting in front of me, that if they came home
j one day and saw their neighbor put up barb wire between their property, they
wouldn't do what I have done which is administratively try to do what's right
or come before the Commission, they would rip it down themselves and I have
not done that. And I think what you are looking at is offensive to me, it
reminds me of Auchewitz and I think that the barbed wire that you are looking
at is just absolutely incredible and I think this Commission has the power to
tell the Zoning Department to take that barb wire down and I find it very hard
to believe that this Commission does not have that power.
Mr. Carollo: Mike, which is your house, the one...
Mr. Genden: My house is the one... I took that picture that you are looking
at now Commissioner Carollo, from my backyard.
Mr. Plummer: Mike?
Mr. Genden: Yes, sir.
Mr. Plummer: You are a lawyer, right?
Mr. Genden: Eleven years, :trial lawyer.
Mr. Plummer: You know what grandfathered is?
Mr. Genden: Yes, sir.
Mr. Plummer: Alright, sir. Now, let me say to you, sir that I don't think
there is a thing we can do as far as what the administration has told us is
legal. Now, I do feel that it behooves the administration to go out an make
absolutely certain that, that wall is erected correctly.
Mr. Genden: Correct.
Mr. Plummer: I do feel that this Commission can in fact prevent it from the
future happening.
Mr. Genden: That's what I'm concerned about Commissioner Plummer.
Mr. Plummer: All right sir,what what we do is that we eliminate that permissive
use of erection of barbed wire, period.
Mr. Genden: I think that's a good idea.
Mr. Carollo: Well, J. L., I think it's absurd that something like this is
133
permitted to go on....
Mr.. Plummer: Especially in a residential.
Mr. Carollo: You better believe it and there it's just that.
Mayor Ferre: Make your motion, please, so we can move along.
Mr. Carollo: Well, what I would like to also have the administration do is
go over the law that we have in the books and make double sure that there wasn't
a mistake made when this order was issued for the placement of that barb wire
fence.
Mr. Plummer: Well, I will make a motion at this time that the City Attorney
be instructed to prepare whatever necessary legal documents there presently
exist in this Commission's desire to eliminate the permissive use of barb
wire in a residential area. I offer that in the form of a motion.
Mr. Carollo: Starting with this location. How long has this been up Mike?
Mr. Genden: This barbed wire has been up approximately four to five weeks.
Mr. Carollo: Four to five weeks?
Mr. Genden: No, about two months, about two months and it has been added on
to on subsequent occasions.
Mr. Carollo: Well, I will tell you what I want to see...
Mr. Phillip Hammersmith: 3943 Segovia. I have been to the resident. Mike
Gender is my attorney and I have known him for twenty-one years.
Mayor Ferre: Would you give us your address Mr. Hammersmith?
Mr. Hammersmith: 3943 Segovia Street, Coral Gables.
Mr. Plummer: I thought it was Ricken Backer Causeway.
Mr. Hammersmith: Well, it wherever I want to be. I have seen that fence and
it is absolutely dangerous. He and his wife cannot go into their own back
yard. The barbs are facing into them. I think that there might have been a
defect in the permit and not being a lawyer and we certainly have enough
lawyers here, that the neighbors did not give contingent permission to put
the barb wire. So, in this case there might be an opportunity to take that
barb wire fence down. And the second factor is pointing this out to the
community that the City of Miami never needs the spector of having residential
barb wired houses all over. We have enough problems every where.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mr. Genden: Can I say one other thing for the purposes of clarity? I want
the Commission to know that I am erecting at my own expense, a wall, an eight
foot wall, because I don't want to look at this any more.
Mayor Ferre: Well, look, we have got a lot of people waiting and we need to
move along. So, let's...
Mr. Carollo: Well, George, I will tell you what I would personally would like
for you to do and you can send me a copy and anyone else in the Commission
that would like it, study that whole situation and send me a legal opinion on
how to legally get rid of that barbed wire fence.
Mayor Ferre: And furthermore would you make... put it in the form of a motion
and see if we can stop others from doing it.
Mr. Plummer: I have already done that.
Mayor Ferre: Is there a motion on the floor?
Mr. Carollo: Well, there was a motion, is there a second?
Ms. Hirai: There was a previous motion stated by Mr. Plummer.
i
134 VAR11 19 u2
1]
11
Mayor Ferre: All right, will you then include that in your motion?
Mr. Plummer: Yes.
Mr. Carollo: I'm sure George, you won't have any problem being a sharp attorney
like you are, right?
Mayor Ferre: Further discussion, call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 82-232
A MOTION OF THE CITY COMMISSION INSTRUCTING THE CITY ATTORNEY
TO PREPARE WHATEVER LEGAL DOCUMENTS MAY BE NECESSARY IN ORDER
THAT THE CITY MIGHT ELIMINATE THE PERMISSIVE USE OF BARB WIRE
FENCING WITHIN RESIDENTIAL NEIGHBORHOODS; FURTHER INSTRUCTING THE
CITY ATTORNEY TO REVIEW AND RESEARCH THE SPECIFIC COMPLAINT AS
STATED BY MR. MIKE GENDER, ON THIS SAME DATE, AND SEND TO THE
CITY COMMISSION A LEGAL OPINION STATING THE PROPER PROCEDURE BY
WHICH THE CITY COULD RID MR. GENDEN OF THE BARRED WIRE WHICH HAS BEEN
ON THE SIDE OF HIS PROPERTY
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.
ViceMayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None
FOLLOWING ROLL CALL:
Mayor Ferre: Yes, Ma'am? I don't know who you are or what your purpose is,
but state... I can't hear a word.
Mr. Plummer: Come up to the microphone.
Mayor Ferre: Is this dealing with this issue?
Mr. Genden: This is my neighbor. This is the lady that put the barb wire on.
Mr. Carollo: I figured that, I could see it from the tape recorder back there.
Ms. Barbara Burick: I am Barbara Burick. I live at 4011 Bonita Avenue'
I have several documents here to support the reason why I should have the barbed
wire only on the east side of my property. I don't want to embarrass Mr.
Genden by reading them in public. So, I would appreciate that you read them
yourself.
Mayor Ferre: Fine. Well, I think that we will let Mr. Howard Gary...
Ms. Burick: This is including five police reports.
Mayor Ferre: Alright, fine. When he makes his report you give it to him and
he will be in contact with you.
Mr. Carollo: Let me say this Mr. Genden, I think you have been very kind.
If this would have gone up next door to me I would have been here four or five
weeks afterwards. I would have been here the same day screaming.
Mr. Genden: Thank you, thank you.
Mayor Ferre: Alright, is there anything else on this issue? Thank you, Ma'am.
Thank you. Alright, now, I think we are through with...
135 VIAR 111982
11
s
46. AUTHORIZE AGREEMENT: GARCES COMMERCIAL COLLEGE INC.
JAMES E. SCOTT COMMUNITY ASSOCIATION
CETA-OCCUPATIONAL SKILLS TRAINING -TITLE II-B PARTICIPANTS.
Mayor Ferre: Now, the only thing that I have, Mr. Manager, is Garces Commercial
and James E. Scott. There is a memorandum here dated March 9th from George Knox.
It says Attached you will find the revised final draft of the proposed
resolution which utilizes the services of Garces Commercial and the James E.
Scott Community--- J.E.S.C.A.--- in the area of occupational. skills training.
Now, there is a recommended resolution which you all have before you. Anybody
have any problems with that? Garces Commercial College Inc. and James E.
Scott Community Association, you have any problems with that?
Mr. Carollo: Move.
Mr. Perez: Second.
Mayor Ferre: Alright, it's been moved and seconded, further discussion? You
have the resolution before you. (AT THIS POINT THE MAYOR READS TITLE OF THE
RESOLUTION INTO THE RECORD). Mr. Manager?
Mr. Gary: Yes, sir?
Mayor Ferre: As I understand it this is for a six month period, is that right?
Mr. Gary: Yes, sir.
Mayor Ferre: Further discussion?
Mr. Plummer: Yes, discussion. What is the cost per person or. this?
Mr. Gary: That has to be negotiated.
Mr. Plummer: Well, now, my understanding of the standing policy of this Commission
is that it shall not exceed the six hundred dollars of what Dade Junior .is
charging.
Mayor Ferre:
They can't do that J. L. They can't do...
Mr. Plummer:
Mr. Mayor, you were the one who...
Mayor Ferre:
Yes, I realize that, but the...
Mr. Plummer:
You made the instructions that if anybody could do
it for less
than the six
hundred we give it to whoever could.
Mayor Ferre:
J. L., the problem... Go ahead Howard.
Mr. Gary: Mr. Mayor, we will negotiate a contract in accordance
with the
CETA guidelines and policy.
Mayor Ferre:
Thank you. Further discussion?
Mr. Plummer:
But that contract will come back to us for final approval?
Mr. Gary: Unless you give me authorization to sign it so they can
proceed
we need to move quickly. I will suggest that you allow me to...
Mr. Plummer:
Alright, then, I have to know what your intent is.
Are you going
to negotiate
it out at the six hundred level of what the date...
Mayor Ferre:
Can't... J. L., we went through... I don't... may
be you were
not present...
Mr. Gary: May I suggest as a solution, because of the time frame involved I
will prefer to negotiate with them in accordance with the CETA Consortium
guidelines and come back to each City Commission individually for a meeting...
IviAR 11 1982
136
Mr. Plummer: Fine, fine.
Mayor Ferre: Is that part of the motion?
Mr. Plummer: Fine, I have no problem with that.
Mayor Ferre: Alright, further discussion, as amended by what Plummer said.
Call the roll. In other words, you are authorized to immediately start this
once you have gotten the approval from the City Commission. Alright, further
discussion, call the roll.
The following resolution was introduced by Commissioner Carollo who
moved its adoption:
RESOLUTION NO. 82-233
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AGREEMENTS, SUBJECT TO THE CITY ATTORNEY'S APPROVAL
AS TO FORM AND CORRECTNESS, WITH: (1) GARCES COMMERCIAL
COLLEGE, INC., IN AN AMOUNT NOT TO EXCEED $67,300, AND
(2) JAMES E. SCOTT COMMUNITY ASSOCIATION IN AN AMOUNT NOT
TO EXCEED $20,000, TO PROVIDE PROFESSIONAL TRAINING SERVICES
IN THE AREA OF OCCUPATIONAL SKILLS TRAINING FOR THE CITY OF
MIAMI'S CETA TITLE II-B PARTICIPANTS WITH FUNDS EXPENDED FOR
THE COST OF SAID AGREEMENTS TO BE REIMBURSED UNDER THE CITY
OF MIAMI'S CONTRACT WITH THE SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None
47. ACCEPT WAIVER OF DEED RESTRICTIONS FOR MARINE RELATED USES OFF1RED-
BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND
Mr. Plummer: Mr. Mayor, the City Attorney says he needs Item 40.
Mayor Ferre: Item 40 is a waiver of Deed restriction for the marine related
use offered by the Board of Trustees of the Internal Improvement Trust Fund.
Mr. Plummer: I move it.
Mayor Ferre: Any further discussion on Item 40? Who is the seconder of it?
Mr. Dawkins: I second.
Mayor Ferre: Further discussion, call the roll.
137 MAR 111982
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-234
A RESOLUTION ACCEPTING THE WAIVER OF DEED RESTRICTIONS FOR MARINE
RELATED USES OFFERED BY THE BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND ON JULY 21, 1981 IN CONNECTION WITH THE SUBMERGED
LAND LEASE OF CERTAIN DESIGNATED LAND TO BAYSHORE PROPERTIES, INC.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
a
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.
48. AUTHORIZE APPLICATION TO EDA REQUESTING 1.5 M FOR RENOVATION
& REDEVELOPMENT OF PANTRY PRIDE BLDG. N.W. 62ND STREET
i
UNIDENTIFIED SPEAKER: Excuse me.
Mayor Ferre: Otis?
UNIDENTIFIED SPEAKER: Item 33.?
Mayor Ferre: All right. Dawkins, you want to move 33?
Mr. Dawkins: Yes, move.
Mr. Plummer: Second.
fMayor Ferre: Further discussion Item 33, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
I RESOLUTION NO. 82-235
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION
TO THE UNITED STATES DEPARTMENT OF COMMERCE: ECONOMIC DEVELOPMENT
ADMINISTRATION (EDA) REQUESTING $1.5 MILLION FOR THE REDEVELOPMENT
AND RENOVATION OF THE PANTRY PRIDE BUILDING AND PROPERTY LOCATED AT
NORTHWEST 62ND STREET AND 6TH AVENUE IN CONJUNCTION WITH THE
BELAFONTE TACOLCY CENTER, INC. AND EXPRESSING THE INTENT OF THE CITY
COMMISSION TO APPROPRIATE UP TO $300,000 IN FLORIDA POWER AND LIGHT
FRANCHISE FEES TO MEET THE CASH MATCH REQUIREMENTS OF THE U.S.
DEPARTMENT OF COMMERCE FOR THIS PROJECT WHEN IT IS APPROVED BY EDA.
(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-
Itf-D " 11982
%3S
E
Ell
i
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plwwer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
AUSENT: None.
49, ALLOCATE COMMUNITY DEVELOPMENT BLOCK FUNDS TO
OVERTOWN DEMONSTRATION PROJECT - 240 N.W. 11 STREET
Mayor Ferre: Take up Item 28.
Mr. Plummer: Move it.
Mayor Ferre: Is that the Tacolcy item?
Mr. Plummer: No.
Mr. Gary: No, sir. Mr. Mayor, you don't need him for the tacolcy item, the
construction has already been done. It's final payment.
Mayor Ferre: Alright, then we get on to the zoning agenda and we will come
back to all these, right?
Mr. Gary: Yes, I'm trying to speed it up for you.
Mayor Ferre: Alright, we are now on the Planning and Zoning Agenda 55A.
Mr. Gary: We need the 28 now.
Mayor Ferre: So, you need 28 now.
Mr. Gary: Yes, sir.
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Ferre: Alright, it's been moved and seconded, further discussion, call
the roll.
! The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
f RESOLUTION NO. 82-236
f
A RESOLUTION ALLOCATING COMMUNITY DEVELOPMENT BLOCK FUNDS TO
THE OVERTOWN DEMONSTRATION PROJECT - 240 NORTHWEST 11TH STREET
IN THE AMOUNT OF $35,000 AND AUTHORIZING THE CITY ATTORNEY
TO INITIATE LEGAL ACTION AGAINST M. CARTER BUILDING CONTRACTOR,
INC., IF HE DEEMS IT IN THE CITY'S BEST INTEREST AND NECESSARY
TO RECOVER ANY AND ALL COSTS INCURRED BECAUSE OF SAID CONTRACTOR'S
FAILURE TO PERFORM ITS CONTRACT.
(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 ��52
11iiAK 11 v
NOES: None. 139
50. EMERGENCY ORDINANCE: AMEND ANNUAL APPROPRIATIONS ORDINANCE
COVER EXPENSES OF HOOZ, ALLEN & HAMILTON INC. IMPROVEMENT OF
COMPUTER OPERATIONS AND POLICE PROTECTION SERVICES TO THE CITY
Mayor Ferre: Ladies and Gentlemen; the probabilities are; that other than Stuart
Corg and something dealing with the Trade and Commerce Dept., that we won't aet
tn... and Porter, we got your issue. I'm sorry. All right, what number is that?
Mr. Plummer: I want quite a bit of discussion there.
Mayor Ferre: On 197
Mr. Plummer: Yes, sir.
Mayor Ferre: Well, I don't think it's fair. He has been sitting here all
day and I think... you know, if you want to... how much discussion have you
got on that?
Mr. Plummer: Depends on how far they are going to push.
Mayor Ferre: Let's get this over with. Alright, Mr. Porter come on up here
let's take up Item 19. Plummer ask your questions, let's get this behind
us now.
Mr. Plummer: What Item is it Porter?
Mayor Ferre: 19. Ask your questions.
Mr. Plummer: Mr.. Mayor, there is a number of items to be taken up on this
as it relates to t1w, computer systems and "E" systems particularly and before
we go spending a half a million dollars to correct a wrong, I think we have
to group about five items on this particular agenda into one. Now, I have been
sitting up here for a long time trying to say that there has been a major, major
problem with the mobile digitals in the Miami Police Department. We are now
admitting to a five hundred thousand... four hundred ninety-four thousand dollar
contract for what I have been trying to say for years, needs a correction and
a major overhaul.
Mayor Ferre: Well, let's get on with it.
Mr. Plummer: Well, but you got to take all the rest of the items.
Mayor Ferre: What are the other items?
Mr. Plummer: Such as items of the "E" systems for parts that you can't buy
from any other contractor. Such as "E" systems that develop this project on
our money which only they could sell and get royalties off of...
@' Mayor Ferre: But J. L., accept it and you know, put them on the agenda and
_ we will go one by one.
Mr. Plummer: Well, let's defer it out until the next meeting when we are not
into a panic situation.
Mayor Ferre: Yes, but you see this is such an important issue to get going
on. Don't you want to get going on with this thing? You don't.
Mr. Plummer: Maurice, what I'm opposed to is spending more good money after
a bad situation. I don't need him to tell me how bad it is. I will save you
four hundred ninety-four thousand dollars.
Mayor Ferre: Howard, I don't want to ramrob this, because...
Mr. Plummer: You are talking about a lot of money.
Mayor Ferre: ... you know, this is a serious matter and if a member of this
Commission... I disagree with Plummer, but he has a hangup on it. So, I...
What? So, you know, for God's sake you guys get together and please... haven't
140 MAR 11 1982
QN
you talked to Plumer*N m�orher?
Mr. Gary: No.
Mr. Plummer: No, Porter tried tQ Mr. Mayor and I did not have the time.
Mayor Ferre: Yes, but, then see, then J. L., it's unfair really for you to
hold this whole thing up because you haven't been available, you know.
Mr. Plummer: You know, that's a bad statement, Mr. Mayor, when I have been
trying to bring these same facts out for three years.
Mayor Ferre: Yes, but the man has been here, he is the guy that's been hired...
going to be hired for Booz Allen to do this and he can't get to you and then
all of the sudden he sits here all day and then when it comes up you hold it
up because you have other items. Now, I plead to you that I will go along
with these other items that you want to get corrected, but for God's sake let's
get this damn contract under way to correct this mess that we have in the Police
Department. We have much too, much money, millions of dollars in hardware or
software and we are not going to check that stuff out.
Mr. Plummer: But you see, Mr. Mayor, my contention is and will continue to be
as long as you pursue the system that we have, you are not going to straighten
it out.
Mayor Ferre: But J. L., you know,... see, you and I have been through this
now for the last eight years and you know it alway end up on a three tvo vote.
j I mean, this is not the first time that we have ended up having this difference.
Now, it may be that I'm wrong and I will have to admit it at the end of the line,
but so far I'm not willing to...
Mr. Plummer: Well, here is five hundred thousand of the proof.
Mayor Ferre: Yes, but see the thing that I don't want to do is to hold up...
Mr. Plummer: It's computers and "E" systems.
(INAUDIBLE BACKGROUND COMMENT NOT PLACED INTO THE PUBLIC RECORD)
Mr. Plummer: I understand that, ok.?
Mayor Ferre: Well, I would plead with you...
Mr. Plummer: Did we go out to bid... you know, in all fairness, did we go... ?
Mr. Gary: Why don't you pass it subjec to us sitting down with you.
Mr. Plummer: That's a good idea. I will go along with that.
Mayor Ferre: What's that? Tell me what that is.
Mr. Plummer: I go along passing it subject to them sitting down and if they
can convince me within twenty-four hours. I will go along with that.
Mayor Ferre: Ok, now, Plummer makes the motion that we approve Item 19 provided
however, that there be no objections by any member of the Commission in the
next ---what?--- forty-eight hours.?
Mr. Plummer: No, please don't do that to me. By monday.
Mayor Ferre: By Monday at 5 P.M.
Mr. Plummer: Tuesday at 2, give me the weekend.
Mayor Ferre: Tuesday at 5 P.M.
Mr. Plummer: Fine.
Mayor Ferre: Ok.?
Mr. Plummer: Fine.
Mayor Ferre: And anybody who wants to talk to Porter Homer and the Manager
141 MAR 111982
about this, this does not become law until Tuesday at 5 p.m.
Mr. Plummer: If no Commissioner objects.
Mayor Ferre: No Commissioner objects.
Mr. Plummer: Right.
Mayor Ferre: Ok and if it objects it's dead, you got to bring it back again.
Mr. Plummer: It's deferred over.
Mayor Ferre: Alright, and deferred over to the next Commission meeting. Now,
is there a second to that? Alright, Dawkins seconds, read the ordinance on
emergency basis. Alright, further discussion, call the roll first reading.
AN ORDINANCE ENTITLED -
AN EMERGENCY 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,
SPECIAL PROGRAMS AND ACCOUNTS IN THE AMOUNT OF
$494,000 AND BY INCREASING REVENUES IN THE SAME
AMOUNT, AS FOLLOWS: $400,000 FROM FISCAL YEAR
1981 FUND BALANCE AND $94,000 FROM FISCAL YEAR
1982 ADDITIONAL REVENUE FROM INTEREST ON INVEST-
MENTS TO COVER THE EXPENSE OF HIRING BOOZ, ALLEN,
AND HAMILTON, INC. FOR CONSULTANT SERVICES TO
IMPROVE THE COMPUTER OPERATIONS AND THE POLICE
PROTECTION SERVICES TO THE CITY; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins,
for adoption as an emergency measure and dispensing with the requirement
of reading same on two separate days, which was agreed to by the following
vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice Mayor Joe Carollo
Whereupon the Commission on motion of Commissioner Plummer and
seconded by Commissioner Dawkins, 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
ABSENT: Vice Mayor Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9379
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.
142 ! •.4 111g82
51. AUTHORIZE AGREEMENT: BOOZ, ALLEN & HAMILTON INC.
IMPROVE COMPUTER OPERATIONS AND POLICE PROTECTION SERVICES TO THE
CITY
Mayor Ferre: Under the same conditions Item 36, the resolution that goes
with it. Plummer, do you move the resolution, same conditions?
Mr. Plummer: Yes, sir.
Mr. Dawkins: Second.
Mayor Ferre: Alright, Dawkins seconds, further discussion, call the roll on
Item 36 under the stipulations made by Commissioner Plummer.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-237
j A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH BOOZ, ALLEN, AND HAMILTON, INC. IN AN AMOUNT
NOT TO EXCEED $494,000 FOR CONSULTANT SERVICES TO IMPROVE THE
COMPUTER OPERATIONS AND THE POLICE PROTECTION SERVICES OF THE CITY
OF MIAMI, AS SET FORTH IN SAID FIRM'S ATTACHED PROPOSAL, WITH
E $400,000 ALLOCATED THEREFOR THE FISCAL YEAR 1981 FUND BALANCE AND
$94,000 FROM FISCAL YEAR 1982 ADDITIONAL REVENUE FROM INTEREST ON
INVESTMENTS.
0
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice Mayor Joe Carollo
THEREUPON, the Chair temporarily adjourned the Regular portion of the Agenda and
proceeded to take up items belonging to the P & Z portion of the agenda.
52. DISCUSSION & DEFERRAL: AMEND ARTICLE XV-1 CENTRAL COMMERCIAL
i CBD 2 DISTRICTS ETC.
Mayor Ferre: All right, we are now on item 55.
Mr. McManus: Mr. Mayor and members of the Commission, Joe McManus, Acting
Director of the City of Miami Planning Department. Mr. Mayor and members
of the Commission, the CBD-2 zoning district has been before you on a number
of ocassions. The last time was on December 15, 1981 wherein this Commission
directed the Planning Department at first reading to bring back an amended
ordinance on the second reading addressing a series of issues. Briefly, these
had to do with the floor area ratio. The floor area ratio was changed to six
for commercial uses in relation to the DCM Station and eight for commercial
uses less than six hundred feet from the DCM Station. Public amenity requirements.
As you recall there was a suggestion that we further specify where columns
were to be placed in the arcade situation and that has been specified here the
requirement of eight feet between building columns and the ground floor for
side of buildings. Third, upon your directions specifically, the Sears
143 «IP,? 111982
building was excluded from the historic preservation public hearing requirements.
Four, the requirement of a public plaza in the CBD-2 district was increased from
five percent to seven percent of the lot area. Next the zoned street west of
Northeast 15th Street was changed.to eighty feet rather the previously
recommended situation of seventy feet. And finally, the response for an issue
raised at the public hearing concerning public access walkways at the location
of street closure, the Planning Department recommends the pedestrian connection
requirement be approved without further changes. This provides a desirable
spacing between parallel pedestrian connections. Thank you.
Mayor Ferre: Now, is that all covered by... is that "A" and "B"?
Mr. McManus: Yes, sir.
Mayor Ferre: Ok. Alright, Jim.
Mr. Reid: Mr. Mayor, there is one more issue we would like to put on the record.
The name is Jim Reid, Assistant City Manager. One more issue we would like to
1 put on the record. On January 19th we did have a discussion of impact fees
I as it apply to a growing area such as Brickell and the Omni area and there
was considerable objection that day because some of the major private parties
were not present when the Commission did take up the subject of impact fees.
If we act on these major zoning cases tonight without, in effect, dealing with
the impact fee issue... We really have, I guess, three alternatives. One is
we can not deal with impact fees tonight and if the zoning is passed there
may be building for which building permits are drawn in which the impact fees
don't apply. That's one alternative. The second is to hold up the rezonings
until the impact fee ordinance is in place and that, as you know, will require
i time because the consultant was just engaged today. And the third is to take
the alternative we suggested on January 19th and that stamp these building
permits that are issued if these ordinances are passed that they may be subject
to some future times to an impact fee ordinance and there was objection to that.
So, we just want to lay on the record the alternatives that are before the
Commission with respect to the impact fees.
Mayor Ferre: Alright, how many people want to speak on these issues? Mr. Fine,
Ms, Parks, Bob Traurig, Dan Paul, Charles.
I will tell you what. who wants to be first? You want to start off? I don't
care who is first. Now, who wants to stand up to the bat here? Now, would
l the rest of you that want to speak please give the Clerk in the interest of
time your name and I will call you up as I receive these notices. Alright,
does anybody need more than three minutes. How much time do you need Arvah?
Five minutes? See whatever I give you, I have got to give everybody else and
then we are going to run out of time and that's the end of it. I can't do that.
So, I really need to... Does anybody need more than three minutes other than
Arvah Parks. Does anybody object to my giving her five minutes? Now, the
rest of you have three minutes, Arvah Parks have five. Alright, you start
Mr. Fine.
Mr. Martin Fine: Mr. Mayor, Martin Fine. I just seriously object to holding
these zoning ordinances hostage to an impact fee ordinance which if the City
had wanted to draw and if the administration wanted to do that as a planning
administration, it should have done months and years ago. We have now been
one year since the day we filed our application on this and I think it's'a
lack of good faith without being personal on this to come up at this late
date and tell us again as you did in January with the planning staff, that they
are going to talk about it. It would take this Planning Department in my
opinion a year to draw an impact fee that would stand the test of constitutionality.
We think with the exception of one street with which Mr. Price will discuss,
we are satisfied with the ordinance. The ordinance is far improved, you have
had public input, you have had private input, everyone has been heard and we
are ready to go and start doing some work instead of coming to meetings and
staying here all day.
Mayor Fere: Alright, next speaker. Who is the next speaker? Just read it
into the record.
Mr. Gary: Mr. Mayor?
Mayor Ferre: Who? Dan Paul.
Mr. Gary: We would like to respond to the impact fee principle in response to
Mr. Find.
144 v-R ..11962
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Mayor Terre: I think it's such a key issue before Dan Paul speaks and let's...
you go ahead and respond to the impact fee issue.
Mr. Gary: Mr. Mayor, we... first of all, I'm not trying to hold anything
hostage and I don't think my friend, Mr. Fine, meant anything derogatory about
that. We are concerned that the principle of impact fees in terms of the public
infra structures that will be required as a result of these developments
there will be a mechanism by which we can finance those and that's the principle
that we are trying to convey to the City Commission. We are recommending that
that exist so that we won't be into problems with regard to transportation and
public infra structures that may be required as a result of these developments.
Mayor Ferre: Alright, briefly, because you didn't take up your three minutes.
Mr. Fine: The single.most efficient and single most universal impact fee is
called real estate taxes. if you let people build a building they pay real
estate taxes and with those taxes you build the public improvements and when
you need money to finance them up front you float bond issues and do it. And
this business of sitting back saying you can't build these things until you
have impact fees will stop all construction not only in Downtown Miami, but
any part of Miami.
Mayor Ferre: Well, furthermore, let me tell you that what's going to happen
is this. There is a bill up in Tallahassee and Marty, you know, you and I
disagree and I'm for impact fees. I have said it publicly, but let me tell
you what's going to happen. Somebody who is pretty smart got to somebody
up in Tallahassee who is also pretty smart and what they said is, we are
going to give you a documentary stamp bill... and Senator, I see that you
are back from Tallahassee and we are always happy to have you here. And this
is our leader up in Tallahassee and he can tell you that in Senator Jack Gordon's
Committee and it passed out of Committee day before yesterday, the Senate...
and will have it, I would imagine if I know Jack Gordon and Bob McKnighte
20
Mayor Ferre: I imagine will be before the Senate, there is a bill about doc
stamps; among the things it says is "Dade County, here is 14 or 15
million dollars. But if you take it, there are impact fees," did you
know that, Dan? Now, what's going to happen is that Broward County also
gets about 11 million dollars, and between our 15 and their 11, that's
26. Now, do you really think that Metropolitan Dade County and the
Broward County Commission is going to turn down 26 million dollars to
have impact fees? It's just not going to happen. And so, I think impact
fees are much further away than you might imagine; even though I want
to repeat to you that I, in principle, am in favor of impact fees. O.K.
So much for impact fees, right? Next speaker is Dan Paul, three minutes.
Mr. Dan Paul: Mr. Mayor, excuse me, I didn't ask to speak on this
particular subject, I thought you wanted anybody who wanted to speak
on the zoning ordinance.
Mayor Ferre: No, no, sir, no, we're not talking about impact fees, we're
on 55a and b. If you have anything to say about 55a and b, please say it.
Mr. Paul: Well, the point that I want to speak to is in refutation
to Mr. Fine, and he hasn't spoken yet.
Mayor Ferre: Mr. Fine just...
Mr. Paul No, no, he spoke on impact fees, I have nothing on that.
Mayor Ferre: Good, no Dan, Dan, Fine said he made his spill, and he
said, "Let's get on with this, I've been waiting for a year, please vote
on 55a and b," and then he made mention to the impact fees. But that's
all the statement he's going to make.
Mr. Paul: Fine, I have nothing further to add.
Mr. Carollo: Good.
Mayor Ferre: Charles Pawley, Mr. Pawley.
Mr. Pawley: My name is Charles Pawley, I'm an architect, I'm also the
chairman of Metro -Dade Historical Committee, and I'm here to speak on
the, sort of exception of Sears from this ordinance. We...
Mayor Ferre: Charles, can I interrupt you?
Mr. Pawley: Yes.
Mayor Ferre: Would you turn the timer off? I thought you said that
this had been worked out. Now, if it's been worked out... Bob, you
told me they'd been worked out. Has it been worked out or not, because
otherwise let's save Charles, and Arb and everybody else from comming
up here.
Mr. Traurig: When we spoke earlier this morning, I thought that we
were going to be able to work it out on the basis of a compromise which
I will describe to you in a few minutes, but the answer is no, it has
not been worked out. We made an effort...
Mayor Ferre: Do you know about the proposed compromise?
Mr. Traurig: Arvah, and Charles, and Stu Thomas and I met for lunch
and we were hopeful that we would work it out, but it did not occur.
Mayor Ferre: Charles and Arvah, you don't accept the proposed compromise?
(INAUDIBLE COMMENTS)(FULL STATEMENT)
Mayor Ferre: The answer is then, there is no compromise, so then, I'm
sorry, go ahead.
14s
MAR 11 1982
Mr. Carollo: If I'may before you start, sir, for the record, I'd just like
to have it, whom is the court reporter representing, please?
Mr. Iraurig: I requested the court reporter on behalf of the Sears property.*
Mr. Carollo: Thank you.
Mr. Pawley: I'll go back to say that I am sorry that a compromise couldn't
be worked out. I was sure that we could and so I will get on to what I
consider the problem. I think that some of it is misunderstanding. Many
of the developers are afraid of the Ordinance because they feel whole
buildings will be held up, in this particular case I think most people
are interested in the Sears Tower and their boulevard facades, and they're
not interested in saying "you cannot do anything to that building because
it is on the historical record." So I think that many of the developers
are overly cautious about can or cannot be done. What I am afraid of is
that Sears has a wonderful opportunity to save that piece of the building.
It Can be very good for the City, very good for Sears as a showcase, and
what I continue to be frightened of is if this doesn't happen it is going
to flag the rest of developers saying if the City of Miami allows Sears to
be excluded, then why should we be included? Let us get out of this
Ordinance. Let us not try to save historical buildings. But if Sears does
do it, then we have... we have a showcase for other developers to come
in and do the same thing. I just want to remind you that we look around
and we say: "You know, we have the Miami Herald building on the water.
Gee, how did that happen?" We said: "Well, it's not history, what I'm
talking about is letting things happen." Because all of a sudden we're
going to say: "Gee, we don't have the Sears Tower anymore. Why did we
let that happen?" We have innumerable developments going up in Miami
that we are saying, I'll give you another example, the Miami Public
Library in the park. We said, "how in hell did we allow to put that
building at the base of Flagler?" Now I don't want us to do the same
thing with the Sears Tower, and I would hope very much that the City
Commission would not let it be excluded so that some compromise can be -
worked out. Thank you very much.
(INAUDIBLE COMMENTS) (FULL STATEMENT)
Mr. Carollo: Is Barbara Kapetman there? Sorry if I mispronounced that.
Ms.Barbara Kapetman:You pronounced it correctiv.My name is Barbara Kapetman,
and I'm president of the Miami Design Preservation League, which for six
years has been conducting promotion and various battles to preserve the
art deco district on Miami Beach; but in addition to that, I'm president
of the Art Deco Societies of America, a group which really grew out of
the movement that originated here in Miami, and now represents ten other
cities. As such, I'm very aware of the faculty that Art Deco has as a
style to increase tourism, to increase livability of cities to bring back
excitement to our cities; I think this is the time to back off from any
precipitous activity to destroy the Sears Tower and to consider to take
that excemption off in the first place and to go back to the architects
and go back to the whole system that was set in motion and see how we
can incorporate the Sears Tower and Sears facade in some kind of a building
that will add to the marketability of that area downtown. I have with me
some leaflets that I'll leave with you; an article from the Miami News
about New York and its art deco and how the millions that have been spent
there to bring excitement to that city. In addition, I would like to bring
to your attention, the Board of Trade Building in the most costly area
of Chicago on La Salle Street where this beautiful, enormous building
built in 1926 and called the Landmark Building has been left and now one
of primary architects Halmut Young, has designed a building incorporating
an atrium and enormously adding to the space of the building. In addition,
Montgomery Wards, Sears' competitor, has sold its building to the City of
Spokhand, Washington and the City Hall is moving into this art deco building.
Throughout the country art deco# in other words, has been used as a style
which can enhance shopping, retailing, all the things that Sears stands
for; and the stability of this architectural style will bring something
to the community, I think, that's lacking now. Thank you.
Mayor Ferre: O.K., thank you. Ted Baker is the next speaker, Mr. Baker;
and the next speaker after that is Arvah Parks.
14"7 198
�►ir, i 1 1 2
a 0
Mr.Ted Baker:Mayor Ferre, and honorable members of the Commission, I appear
before you today as a member of, and representing your City of Miami Urban
Development Review Board. The Board has had for some time now the responsibility
of overseeing much of the design and developments proposed for the fast
growing areas of Brickell Avenue, Coconut Grove and some close in parcels
near the downtown. We have had as well the opportunity to review projects
proposed for some uptown areas adjacent to and along Biscayne Boulevards
and as practicing architects and landscape architects, the members of the
board maintain a keen awareness of the changing fabric of our community
and the need for an infussion of money for new development, which will
enhance the functional and visual quality of our city, while enlarging the
tax base and responding to the miriad needs and challenges of its residents.
The Cadillac Fairview Project, though proposed by a firm with impecable
credentials, leaves Miami and its citizens short to suggest that creative
design and sound fiscal planning cannot overcome their suggested constraints
as a posture clearly erroded by the successes of other such projects in
other cities throughout the United States. Other cities have proven repeatedly
that the old can be combined with new uses, not only preserving important
historic features, but through creative design and planning, providing a
sound economy of development. Ghiardelli Square in San Francisco, the
View Carier Riverfront improvements in New Orleans, the Harbor Place
Public Improvements recently completed in Baltimore, Nathaniel Hall
Marketplace in Boston, as well as many other similar revitalization projects
all suggest suggest that saving old buildings and fitting them to new uses
is not only a community necessity, but a working and acceptable fiscal
policy. I might add here that we hear frequently about how we want to
grow and how we want to be recognized as an international city, and I
assure you all that that is not going to happen effectively and rapidly
unless we mirror a lot of the activity that has happened in other cities
throughout the country, some of those that I've mentioned. It is clearly
essential that you today set the course which will ensure to future generations
that the history of this great city will not only be found in the pages of
books, but will be rather a tangible and living documentary to our growth,
sensitivity, and our commitment to community. By redesigning the Sears
Tower, you will set the ship of community need on that course. Thank you.
Mayor Ferre: Thank you, Mr. Baker. You're almost as good as Beth Dunlap.
That's a pretty good statement. Arvah...
Ms. Parks: My name is Arvah Parks, I live at 1006 South Greenway Drive.
I am here basically as a local historian representing the point of view of
the people of Miami that are interested in historic things. I have basically
two points, the first of which is the Ordinance as constituted we applaud in
many ways. It provides possitive development in the area; it has taken
account of public amenitites or the public in a variety of things. What
we are distressed about is during the first hearing on this there was
"except Sears" was added into the section on historic preservation. It
is our contention that first of all this is on very shaky legal ground
by picking out one person or one group of people and excepting them. This
was confirmed by the Assistant City Attorney, and I think he has a suggestion
along that line. The second point, and that is our major point, really, rather
to return to our first point, all we are asking here today is that the
"except Sears" be taken out of the Ordinance that was added; and all that
does, that does not decide the fate of that particular building, it just
makes that side of the street comply to the intention of the Ordinance, just
like everyone else in the area. All they need to do is have a public hearing
where everyone will have a chance to express themselves and to talk about
should be done or should not be done in that situation. The other question
here which I'll assume will be raised is the preservation of requirements
of the Ordinance generally. In response to the feeling that this very
generous new Ordinance that gave people really five times what they were
able to do with their property, including the Sears property, that the
public, kind of as a trade-off sort to speak, for allowing people to develop
their propertyn needed to be considered. I think this was an important
thing that this Commission did for the citizens of Miami; and preservation
is part of this consideration.
Mr. Plummer: And impact fees is the other.
148 ; _ 4
Ms.Parks (cont'd):So what we are arguing here along the preservation line is that
there is reason for having the preservation in the Ordinance. It has been
understood in courts and in every other thing that it is within the power
of the city within the general welfare and is no different than the
requirement in the Ordinance of 65% of retail or any of the other requirements.
We believe that development is good for all of us and obviously development
is good for the developers or they would not be here doing it. All we are
asking with the preservation section that historic buildings that have been
identified by the Dade County Historic Survey have a chance to stop and get
a second thought and not be allowed. So, to reiterate the two points, we
feel that the "except Sears" needs to be stricken on really on constitutional
questions and two, that we applaud your including the historic preservation
section and request that it remain.
Mayor Ferre: Thank you, Janet Cooper.
Ms. Cooper: I'll waive.
Mayor Ferre: You're waiving?
Ms. Cooper: I'm not going to speak, thank you.
Mayor Ferre: I don't believe this.
(LAUGHTER)
Mayor Ferre: You know, this is a historical day.
(LAUGHTER)
Mayor Ferre: First thing that happened today was that Ernie Fannotto told
me that he was only going to speak for half a minute. And the second thing
is that Janet waived her three minutes. Robert Corner... later item, O.K.
Paul E. Thompson, I'm sorry I thought I was...
Mr. Plummer: Let me ask, because I think I'm sensing something that isn't
as gracious as it seems to be. Are you waiving until a later time?
(INAUDIBLE COMMENTS)(COMPLETE STATEMENT)
Mr. Plummer: Ahhhh...
Mayor Ferre: Tim Blake, Tim Blake...
(INAUDIBLE COMMENT FROM AUDIENCE NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: Everybody wants to be the last speaker.
Stuart, you want to do the same thing, or what?
Mr. Traurig: Mr. Mayor, I'd like to introduce Stuart after I speak for just
a minute. My name is Robert H. Traurig, 1401 Brickell Avenue. The reason
that I would like to precede Stuart in the presentation is that I'd like to
explain to you his role vs. my role in this. I represent the joint venture
in which Cadillac --Fairview, and Hallmark are participants. Cadellac-Fairview
is a major developer of shopping centers and Hallmark is a sibling to Sears
which is in the business of developing shopping centers; and together they
are prospective developers of this mixed use project between 13th and 15th
Street and the boulevard on 2nd Avenue. I'd like you to know that we
haven't finalized our business matters and we may or may not develop this
property. One of the considerations that we will take into account is
whether or not this present old building which is in a way structurally
unsound is retained and what the potential cost of repairs would be and
who has to bear those repairs and how that fits in into the overall development
scheme. But while I talk about that there is also there is also the possibility
that we will not develop, and that Mr. Thomas, who represents Sears Roebuck,
will remain there and he will be the ultimate user of the property and
ultimately has to make the decision of whether or not that store stays in
that present location or what to do with it. So, I wanted to precede him
and to explain that to you. Before introducing him, though, I'd like to
have staff comment on two things that are in the Ordinance that trouble us
14 r F
Prr15 1 j 1982
Mr.,Traurig: (CONTINUED) and I think you ought to have an answer to; because
the Ordinance talks about the opportunity to avoid the prescription of the
Ordinance if there is an undue economic hardship, and we don't know what
the meaning of the words: "undue economic hardship" have, and so consequently
if we could get that on the record we'd appreciate it. Could I ask Joyce
Myers from the Planning Department to aswer that?
Ms. Meyers: There's been considerable case laws established in historic
preservation revolving around the issue: what is economic hardship? It's
generally been established for income producing properties, which this one
would be; it's based on a reasonable economic return on the use of the site.
That is something this Commission would be judging on, it is up to you
ultimately to decide whether they have proven economic hardship or not.
You would be guided by the court decision and your own...
Mayor Ferre: I'll tell you, Bob, it's 8:00 O'clock...
Mr. Traurig: I'm going to be one more minute, that's all.
Mayor Ferre: I realize that, but I promised Nora Swam that I would
recognize, she waited all morning, I told her to come back at eight
and I told her I would recognize her before we'd break up at nine. Stuart
Sorg is going to be here any moment and we're going to deal with that, I
want to tell you, I'm trying to accelerate this to see if we can come
to a compromise. I told Mrs. Juden and Mrs. Parks this morning and I want
to repeat to you that I am, I think we have to have a Public Hearing. I
just don't think that we can do this without a Public Hearing. Now, on
the other hand, I want to state on the record that somebody is going to
have to do an awful lot of talking to convince me, and I must admit that
I have architectural bias, I unfortunately went to architecture school
and I won't put on the record what I think it's fairly obvious, about
the architecture of that particular building. But, I think you're entitled
to a Public Hearing; and the only think that I don't want to do is to have
it be a sort of Dammocles situation and I want to get that Public Hearing on
right away so that we can get on with this issue and discuss it, let every-
body have their day in court, and then have the Commission finish on it _
one way or the other. Now, that is not the purpose of this. This is not
a Public Hearing in that sense of the word. I think these people, and
these are good, well intentioned citizens like Mrs. Juden and Mrs. Parks, _
Charles Pawley, Mr. Baker, and many others, many, many others are well
intentioned citizens, and I think they ought to have their day in court,
and this is not that court as I see it, so is there any way that we can
get on with this thing, in other words leave... can you tell us how to =
compromise this to see if they'll accept it?
Mr. Traurig: As I indicated when I spoke to you very briefly this morning,
I was going to propose that we have this Public Hearing. I know you've got
an Ordinance that's going to be presented, which will have city-wide application,
we have no problem in dealing with that. We think that this paragraph in this
Ordinance is vague, and it will be impossible to apply to this particular
property, we want you to understand all the facts. We urge them to agree
on some language which would permit a control to some extent, and we would
agree, and I want to make this public right now, that we will not seek a
demolition permit on any portion of this property until at least July 1,
but we don't intend to build and to have this new project in place, if it
does go for at least a year and a half. We just have to have an answer as
to how to continue our planning. We have no problem in comming back here
two weeks to now or four weeks to now, we urge you to pass the Ordinance
as it is without this historic preservation paragraph and we'll be perfectly
ameneable to being subject to whatever the will of this Commission is at
a full Public Hearing.
Mayor Ferre: Miller Dawkins.
Mr. Dawkins: I'd like to ask Mr. Traurig just how sincere is he in giving
up this property, because as you know I campaigned on this strip.
(INAUDIBLE COMMENT FULL COMMENT)
Mr. Dawkins: Yes he did, he said they may not build. This is what he said.
15 1982
i:,:
Mr. Dawkins% (CONTINUED) Now, how sincere are you, because I campaigned
on the theory that minorities should get on the ground rule and get some
interpreneurship and some ownership; so if you are sincere in giving up
I would like to know so that I could attempt to identify some minorities
and we could come in there where you are going out.
Mr. Traurig: Mr. Dawkins, let me answer again that I represent the joint
ventures who might have developed; I'd like Mr. Thomas to talk about Sears
and what their plans are. I'm saying to you that there are business
problems which at the present time have not been resolved and as a result
of which the developers have not made a final decision to build.
Mayor Ferre: All right, there is a legal question that is posed and I have
to now turn to the City Attorney because of the legal question. As I
understood the question as Traurig explained it was the vagueness of that
clause dealing with the so-called economic cause.
(INAUDIBLE COMMENTS FULL STATEMENT)
Mayor Ferre: Yea, O.K. Let's do one at a time and then I'll recognize you
for the second legal. The first legal question is vagueness in what is
economic hardship. Now, as you know and we all know painfully we just
got into trouble about vagueness on Ordinances that we had on planning
unit developments, and so on. Now, in your judgement, in your concidered
opinion, do we have a legal problem about vagueness in the word economic
what is it? --hardship, as defined in this Ordinance?
Mr. Percy: As Ms. Meyers suggested, Mr. Mayor, the term economic hardship
is well defined, it's a legally defined term; and as to whether or not the
standards in our Ordinance are sufficient to meet that test of definition,
any zoning Ordinance could always stand improvement in terms of specificity,
definition, and the like.
Mayor Ferre: That is not my question.
Mr. Percy: Mr. Mayor, the determination as to whether or not a Ordinance
is specific enough, the standards are specifically defined, is ultimately
determined by the court.
Mayor Ferre: That's not my question.
Mr. Percy: We believe that the Ordinance before you on that particular
question is legally sufficient as far as the economic hardship definition
goes.
Mayor Ferre: That is my question. So in your opinion, the statement made
by Mr. Traurig is not so, you feel that there is no legal question as to
ambiguity and therefore it is your position that it is sufficiently strong
to stand up to...
Mr. Percy: And as a word of caution, Mr. Traurig's cause of concern will
also cause it to take another hard look at it, and we will as our judgement
dictates come back and continue to refine this Ordinance as well as other
Ordinances that might need more clarity.
Mayor Ferre: What are you telling me, that ah... is this an Ordinance?
Mr. Percy: Second reading.
Mayor Ferre: This is the second reading though.
Mr. Percy: Correct.
Mayor Ferre: So how are you going to come back if we pass it today, that's
it. Unless you come back and revise it.
Mr. Percy: Well, the other question that was alluded to this Commission
between first and second reading before, instructed the Planning Department
to come back and exempt the Sears Tower included in the Ordinance. This
Commission did not make findings on the record sufficient to justify that
exemption and we would, if this Commission sees fit to move forward tonight,
151 MAR 19�
1� 2
Mr. Percy: (CONTINUED) ask that
if you'd like to include it at a
to strengthen the Ordinance.
Mayor Ferre: All right.
that be omitted from this Ordinance, and
subsequent date, those findings be made
Mr. Traurig: Mr. Mayor, I'd just like two other things to be considered by
you. We talk about in here that no demolition permit shall be issued for
any structure of major significance. Everybody talks about the structure,
and I'm not sure what that is because when I talked to the historic preservation
people they don't talk about the structure they're only talking about the facade
in the front. Number two, you've got another Ordinance to be considered in
a few minutes on the MXD 1,2, and 3 districts and it has an historic preservation
clause which is entirely different than this; and it provides for FAR
bonuses, and it provides for transfers of development rights, and I'm
saying to you that we're not being treated equitably and that it would
really be in the best interest to this community if we hold off those
portions dealing with historic preservation and consider them when a new
Ordinance comes before you in a very brief period, maybe two weeks, four
weeks. I don't know how long, but I heard those were the target dates.
All I'm saying to you is we don't intend to demolish anything and no harm
would result to the community by omiting this from the Ordinance.
Mayor Ferre: All right, the two points there are two points that have
been brought out, do you want to answer these?
Ms. Meyers: The Ordinance that is comming before you in two weeks only
sets up the general guidelines for dealing with historic properties. It
will not in itself deal with Sears.
Mayor Ferre: Ro, no, no, no.
Would you answer point one?
Ms. Meyers: point one was...
Mayor Ferre: Repeat it again.
He posed two specific points.
Mr. Traurig: What is meant by the building, is it the facade or the total
building? And number two, was why is MXD different than CBD 2.
Mayor Ferre: O.K. Point one first.
Ms. Meyers: The facade of the building is the ultimate concern and we
had in fact discussed with the City Attorney and Mr. Traurig inserting
language that said the exterior of the structure and that could be done
to satisfy that concern.
(INAUDIBLE COM TINT Firr.T, STATEMENT)
Mr. Traurig: No, because we're only... she's talking about the exterior
of the entire structure. I think she's really meaning the exterior
facing Biscayne Boulevard at the intersection. I don't know what she meant.
Mr. Blake: If I could share with the...
Mayor Ferre: Can you clarify it?
Mr. Blake: Tim Blake, 66 W. Flagler Street, in the ordinance comming up
soon, the definition of exterior is (means) the front facade of any
building and those outside surfaces of any improvements which are visible
from public ways. That's what we're talking about. And we've agreed to
use the word exterior as defined in that way in several instances in the
Ordinance.
Mr. Traurig: What he's saying is all of the Biscayne Boulevard and 13th
Street frontages, and I don't think that's what she's saying. She's saying
only the Tower Portion as it faces the intersection. And that's why I think
that this Commission in consideration of all the other people who want to
be heard ought to delete this portion of the Ordinance and go on and pass
the C13D 2.
152
10 A I 1 1982
Ms. Parks: The building that is designated under the Dade County Historic
survey is very clears it's the original Sears building. By inserting the
word exterior it means we're talking about the facades facing the streets,
Biscayne Boulevard and 13th Stfeet.
Mayor Ferre: All the facades on both sides, the whole building.
Ms. Myers: on 13th and Biscayne.
Mayor Ferre: The whole building, not only the tower but the whole building.
Ms.Myers: The facade of the building.
Mayor Ferre: Well, the facade of what building? That's the question.
Mr. Plummer: Of the total building.
Mayor Ferre: Well, see that's... You don't have to show me a map. I know
the property exactly. The facade of that building means this facade, that
facade ...
(INAUDIBLE COMMENTS FULL STATEMENT)
Mayor Ferre: Well, obviously the two facades mean the whole building. How
are you going to preserve two faces of a rectangular building without
preserving the four sides of the building? I mean, pray tell me, unless
we go to Hollywood and just have facades.
Ms. Parks: It was my understanding that that was discussed with Cadillac
Fairview and that they were interested in considering saving just the
facade.
Mayor Ferre: You have their lawyer right here saying no, unless you're
misrepresenting your...
Mr. Traurig: I'm saying that we think the Ordinance is sufficiently vague
for example this whole question of what is to be preserved, the fact that
we have to ask the question indicates that there is a certain vagueness and
ambiguity.
Mayor Ferre: All right, councelor, your next point and then I'm going to
I take Arvah Parks for her legal point and then we're going to move along
because we're getting side tracked from our legal rule here.
Mr. Traurig: My next point was why don't we get bonuses and TDR's and...
Mayor Ferre: Like BMXY and what have you, I thought that was plain.
Joyce Meyers: MXD has a bonus because there is a reason to expect bonuses
would be an advantage in MXD. The FAR and CBD-Z is so high that there is
no reason to have bonuses and this is why we excluded other things.
Mayor Ferre: I agree with that one, I don't argue with that one loo long.
All right, Arvah, to your legal question.
Mrs. Parks: Well, I think that the legal question has been answered by the
Assistant City Attorney; my other question since I think Mr. Traurig was
telling our discussions that I should have the right to tell the other half
of the discussion.
Mayor Ferre: You do, go ahead.
Mrs. Parks: I think the question really about the facade, we're not talking
about saving today, saving a building, saving a block, we're talking about
allowing the Sears property to have a Public Hearing just like the Boulevard
shops across the street, who are not even here today because they've already
said they want to keep the facade, not the whole side and add over it.
Mayor Ferre: O.K., thank you.
Mrs. Parks: I think that is what we're talking about.
Mayor Ferre: That's the issue. Stuart Thomas. MAR 1 19 on
153
it
n
Mr. Thomas: Mayor and Commissioners, Stuart Thomas, I live at 6801 S.W. 144 Terrace
in Miami, I am the manager for Sears in this area, and I just wanted to make a
couple of points. One is that as you all know, we've been in downtown Miami for a long time. I've been here managing this business for nine years and
during a large part of that time I've had a keen interest in keeping the store
downtown, that is not something that's happening in many cities, Mr. Mayor,
the mass exodus of stores. In looking at all the possibilities over the years,
I have not been able to find an economic feasibility in putting a new store
there or putting this store in a competitive posture to serve the customers
of this area and only when Cadillac Fairview Hallmark project came along, does
this seem to permit us to look at something that's economically feasible and
for us to stay in downtown Miami; and that's what I'd like to be able to
recommend to the officers in my corporation. I believe that if this project
does not go, based on all the numbers that I have today, that I would be
unable to recommend the keeping of a store in downtown Miami. If I am
required to preserve it, based on this, if the project doesn't fly, and
I am required to preserve it, I would have to seriously consider closing
and leaving downtown.
Mayor Ferre: Mr. Thomas, you are a very highly respected and regarded man
in the business community and I would say in the community as a whole. You've
certainly paid you dues in the years that you've been here. And I don't think
anybody questions your integrity. When you make a statement like that, it's
a heavy statement, as far as I'm concerned. Now, I want to make a simple
statement on the record, and I know that Beth Dunlap is not going to like it,
and Arvah is not going to like it. But I want to tell you if I've got to
choose between Sears leaving downtown area and developing that area properly
and preserving that tower, I'm sorry, the tower does not have my vote. Now,
I'm only speaking for one person, and on the other hand I told these ladies
who came to see me this morning that that was my feeling up front. However,
they are not asking what my position is at this point, I'm sure they're
worried about it but I don't think that they care very much about what my
position is. what they care about is the opportunity to have a Public Hearing.
Now, I want to tell you that I have been around long enough I've learned my
lesson and I am one of those people, and I don't think that I am the only
one on this Commission, that votes the same whether there's ten people here
or a thousand people here, and I think I've gone on record on that. Now, I
am sure that there will be a lot of people that come here to speak up on this.
A lot of people that I'd greatly admire and like, like Charles Pawley, who
I happen to consider one of the smarter and more progressive and more enlightened
people on this community, but now, I know, a lot of people say: "Well, he's
bluffing, and he doesn't really mean it, and Sears is not going to abandon
downtown Miami, and this is too valued a property and all that," and we'll
get into that. The question is, are we going to have a Public Hearing? And
they have my vote on that.
Mr. Thomas: Thank you, Mr. Mayor.
Mayor Ferre: O.K., can we move along? The next speaker is Stanley B. Price.
(INAUDIBLE COMMENTS FULL STATEMENT)
Mayor Ferre: Sure, Arvah, go ahead.
Mrs. Parks: I think something has to be cleared up. What we were asking for
was is the two questions, the constitutional question of whether the "except
Sears" that has to be stricken to make the Public Hearing provisions go into
effect.
Mayor Ferre: well, that's something that we're going to be dealing with after
everyYifdy speaks.
Mrs. Parks: U.K., I just wanted to know.
Mr. PriLv: Mr. Mayor, would you prefer to hear the responses to Mr. Traurig
priur to my presentation? I am not going to address the Sears issue.
Mayor rvir(•: Yen, I think it would be best, Tim Blake is the last speaker,
I gue:�:., oil that issue.
154 hV,R 11 1982
Mr. Tim Blake: I'm Vice President of the DAde HeritAQe Trust. I think it
interesting to note...
Mayor Ferre: Your address for the record, Mr. Blake.
Mr. Blake: 66 W. Flagler Street, 920 Coral Way, I think it interesting to
note that in the joint venture proposition with Sears that they do not want
to leave downtown Miami and in fact they've even gone to such a point where
now the joint venture agreement says that they're going to build them a new
store one block north and it's going to be a turn key operation and they
are going to walk out of one and walk right in another and open up another
business. Now that's already negotiated, there are papers, documents signed,
they are not leaving downtown Miami.
(INAUDIBLE COMMENTS FULL STATEMENT)
Mr. Blake: Well, I've never seen them and I've asked for them and we can't
see them.
Mayor Ferre: Mr. Blake, either Stuart Thomas, and I don't mean to put this
crudely, is lying or he's not lying. And I choose to believe that he's not
lying.
Mr. Blake: Now if the project goes through with Cadillac Fairview and they're
using the facade in some architectural way where they can put their project on,
Sears will stay. Sears is going to an operation just next door, they'll stay
downtown. I think there is a good compromise that can be worked out. It's
not an all or nothing situation. Sears is not going to close their doors
and walk away, that's a very valuable piece of property. Like the Commissioner
said, there must be ten other developers out there that would love to build
across the street from Tibor Hollo. Every square inch of that area within a
two block direction is spoken for by a developer. Why would someone walk
away from such a valuable piece of property and hire such an expensive
attorney to come down here and argue the point? I'd also call to this
Commission's attention tht we want an opportunity like the Historic Preservation
ordinance will say to sit and talk and explore alternative uses, alternative
architectural construction plans, and like you've already heard tonight, they
are building these type of buildings across the nation. Now, I don't mean
to pick on you, Mr. Mayor, but I...
Mayor Ferre: You can, everybody else does.
Mr. Blake: You have a known bias for the Art Deco design, and that's just
straight forward, and we all admit it, and we all know it, and we all love
this nice City Hall that's of the same design; and a lot of us relate to it.
But there's types of art that I don't relate to, and that I wouldn't buy, but
people pay tremendous amounts of money for modern art. So I think there is
a real sense of history in this building that needs to be brought out at a
Public Hearing.
Mayor Ferre: All right, Mr. Blake, I don't want to get into a debate with you.
I just want to make two comments. First of all, you're a very intelligent
attorney and a clever man, but I want to say that of course, Sears will not
walk away from that very valuable property, but that's not the point. The
point is will Sears keep a downtown store? That's the point. See, now, either
Mr. Thomas is telling the truth or he's lying. If he's telling the truth, he
made a statement that Sears will not put up a store in downtown Miami because
they do not see it as economically feasible. And the first time, as I heard
him say, that they saw economic .feasibility was when Cadillac Fairview came
along and said let's do it this way and finally they said maybe we ought to
take a look at this. Now as I understand it, they are moving out of downtown.
Mr. Blake: With this type of zoning that's going to come into effect, and with
all of this help that the developer is getting, and besides that you have a
billion dollar company who had the deal so sweetened, the deal between Cadillac
Fairview and Sears to get them to come into this is so sweet that they are
going to open a building right next door Turnkey, that they're never going to
be out of business.
155
►r A i 1 1982
0
0
Mayor Ferre: Again, that is not the point. Are you telling me, contrary to
what Mr. Stuart Thomas has told us, that no matter what happens, Sears is going
to have a store downtown.
Mr. Blake: I bet they do. They came to this city very early in its history,
and we supported them for many years.
Mayor Ferre: You are saying the opposite of what Mr. Stuart Thomas is saying.
Are you telling me that he doesn't know what Sears is going to do? Are you
telling me he is not telling us the truth?
Mr. Blake: I'd like to see the documents that Sears subsidiary assigned with
Cadillac -Fairview, so we know that Sears is here earnestly, and not by com-
pulsion of a legal document.
Mayor Ferre: Mr. Thomas, come up here and clarify this on the record. I'll
tell you what, I may even put you under oath in a moment and make it....
Mr. Thomas: Mr. Mayor, I believe I said earlier that I have studied this
very carefully - looked at it economically all over. This was a deal - the
Cadillac -Fairview Hallmark deal, made it economically attractive for us to have
a store in downtown Miami. If that particular deal does not fly, all of num-
bers indicate to me that I cannot recommend to my corporation to put a new
store, or to put that store in a competitive posture on that site in downtown
Miami. I know nothing about sweet deals and that kind of thing; I simply have
to work with a economic feasibility of managing that store for a return for my
corporation.
Mayor Ferre: Yes. Okay, I have no problems. Yes sir?
Mr. Price: Mr. Mayor and members of the Commission, my name is Stanley D.
Price. I am a partner in the law -firm of Fine, Jacobs & Block. I am here
appearing on Item 55(b) and I represent Florida East Coast Properties.
Specifically in regard to the question of the Base Building Lines, the subject
property, which fronts on Biscayne Blvd. approximately had 131 feet of frontage.
Approximately 10 years ago, the company dedicated to the City 10 feet of front-
age, which leaves approximately 122 feet. Under the new proposed ordinance,
the base building line will be changed from 30 feet to 40 feet. The staff has
recommended throughout these proceedings - and Mr. Cather has confirmed today -
that the base building line should be 35 feet. That was changed after the
last public hearing based on some remarks made at the public hearing without
any basis of study or fact. The reality of the situation in the intersection
of 15th Street and Biscayne Blvd is developed on three corners with stores:
Jeffersons, Jordan Marsh and the 1440 Building, which has a leases which extend
past the year 2030. All three of those structures were built to the base
building line. So therefore, what is being ask of our client is discrimina-
tory. Our client is asked to give up 10 additional feet, where the other
three corners will not be asked to do that for at least 50 years. We believe
that equity fairness, as well as the staff recommendations on 35 foot base
building line should be addressed and corrected by this Commission. In addi-
tion, we believe that this change would not require a new reading in that it
is a less restrictive change. We have confirmed that with Mr. Percy of the
City Attorney's office and we believe that in terms of fairness, we should
go to the 35 foot and not require of our client to dedicate anymore than any-
one else in that area.
Mayor Ferre: Alright. Now. Let me tell you where we are at. The City of
Miami Commission adapted new rules - procedures. Now, one of the rules that
we adapted was, that when 9:00 o'clock struck, we would hear the end of that
issue and we would adjourn. Now, the other thing that happened today is that
Nora Swan waited all morning - let me finish, Bob - Nora Swan waited all
morning and finally I told her, go home, and we will take you up before 9:00.
Stuart Sorg did the same thing, because I would only give him 5 minutes and
he said "I need more than 5 minutes" and I told him to come back. I know that
there are millions and probably billions of dollars waiting on this decision,
and here is how technically I hope to get around it. I am going to recognize
Nora Swan and Stuart Sorg and plead with them to do this as briefly as possi-
ble. Then, what 1 am going to do is, I am going to stop you off about 3
minutes before 9:00 o'clock, and come back to this issue which will then be
the last issue we will hear. There is no way that we are going to be able to
hear any other issues tonight, other than 55. Well, I am going to take those
up out of order right away.
156
Robert Traurig: Mr. Mayor, can I speak on behalf of Senator McKnight and a
number of other people who are here in connection with the RCB ordinance?
He flew down from Tallahassee to appear before this Commission in connection
with the RCB ordinance and a number of other people are...
Mayor Ferre: Why - that is item 5...
Mr. Traurig: That would be Item 58, I think.
Mayor Ferre: I'll tell you, you have...I will tell you up front, I will vote
positive for a waiver of regulations for us to hear 58, but, I can't guarantee
that anybody else voting that way. I mean, I am willing to stay here out of
deference to Senator McKnight, who did fly down from Tallahassee just for
this. You Rot my vote. but I can't guarantee that you get any other votes.
Mr. Traurig: Except for this and Item 58. It is Item 60, which is the second
reading on the RCB ordinance. We urge you to please give us this opportunity
to have that passed on second reading tonight. A number of very significant
matters are affected.
Mayor Ferre: Bob, I cann't speak for the rest of the Commission. You have got
my vote to hear besides 55(a) & (b), to hear Item 60 - is that it?
Mr. Traurig: Yes, sir.
Mayor Ferre: Now, that is it. That is going to take us to midnight.
Mr. Plummer: Well, Mr. Mayor, may I, in the interest of being fair, suspend
55 and go to 60, if you think that is so important.
Mayor Ferre: But 55 and 56 are just as important!
Mr. Plummer: I don't disagree with that!
(INAUDIBLE COMMENT NOT ENTERED INTO PUBLIC RECORD)
Mayor Ferre: I understand.
Mr. Plummer: Where are impact fees?
Mr. Carollo: Maurice, I will tell you what I would be willing to do. I would
be willing to hold a Special Commission Meeting Monday or Tuesday. I can't
tomorrow; I don't think most of us can either, but you know, I can't stay here
until midnight, or 11:00 o'clock.
Mr. Plummer: Absolutely not.
Mr. Dawkins: I'm not staying past 9:00 o'clock.
Mayor Ferre: I'll tell you, we have been here, Ladies & Gentlemen, since 9:00
o'clock, and I want to tell you that we took a lunch break; we haven't had
dinner. Nobody that you see up here has had dinner yet. Okay? We haven't
had anything to eat, and I just want to tell you that there are limits that
the body can endure, and it is just unreasonable, really. Now, I will do what-
ever you want, but you tell me. We are nowhere near finished 55(a) & (b) and
56 (a) & (b) .
Mr. Traurig: Mr. Mayor, we will waive our presentations on Item 60 - not make
any presentation as long as the Commission can consider it on the record and
based on the staff presentation.
Mr. Plummer: I concede you are opposed to it.
Mayor Ferre: I am opposed to what?
Mr. Plummer: 60.
Mayor Ferre: How can I be opposed to 60?
Mr. Plummer: You were opposed to that portion as it relates to stepping down -
pyramiding.
15'7
f1vv. ► 11 1982
0 0
(AT THIS POINT, THIS DISCUSSION IS MOMENTARILY DEFERRED)
Mayor Ferre: I've got no problems voting on it. We have some issues that
need to be...Everybody wants their things considered, and we impact fees to
talk about; we have the street widths and Mr. Pierce's statement and we have
the Sears issue before us and the question of public hearing. You know, those
are three issues that have not been settled. I'm ready to vote, but I figure
they are still confused.
Mr. Plummer: It has to be resolved.
Mayor Ferre: It has to be resolved.
Mr. Plummer: It has got to be.
Mayor Ferre: No, and I will tell you what
Mr. Traurig: I don't think, Mr. Mayor, that anybody wants to make a presenta-
tion on Item 60. We would, on behalf of just about all of the property owners
with whom I have spoken, including Mr. Paul's client...
Mayor Ferre: Bob, we have got 22 minutes left, and in 22 minutes...
Mr. Traurig: Okay, I am going to sit down and let you move as fast you can.
I urge that at least you relax the rules to hear Item 60 if it takes two extra
minutes.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Ferre: No, well I don't think we are anywhere near ready to vote on
60. I've got some discussion 60, so I can't agree with that last statement.
Now, we are now at 55. What I am going to do is, I am going to jump over to
Nora Swan. Nora, make your position as quickly as possible on the Folk Festi-
val; you are holding up an awful lot of people and that is going to put Stuart
up..
Mr. Plummer: Well, has it been decided that we are going to leave at 9:00?
I mean that's...
Mayor Ferre: Unless I get three votes. You got one vote here; I need two more
votes to extend it beyond 9:00. Otherwise, we are over at 9:00.
Mr. Plummer: As far as I am concerned, Mr. Mayor, we have established rules,
and I am not going to stay here until midnight.
Mayor Ferre: Okay. Fine. Unless I hear otherwise...
Mr. Plummer: I can only speak for one, and I think what we ought to do in
fairness to everybody, okay, because we have to go with impact fees; we have
got to go with all of that - let's just discontinue the rest of this zoning
agenda; you will never do it by 9:00 o'clock. I'll shut up and abide by the
rules.
} Mayor Ferre: Let us continue, please. Nora, make your statement. We made a
commitment to Nora that we would do this; I am sorry, but we have got to live
up to that commitment. Go ahead.
53. PERSONAL APPEARANCE: NORA SWAN - INTERNATIONAL FOLK FESTIVAL.
Mr.Harry Escandon:Mr. Mayor, Commissioners, my name is Harry Escandon and I live
at 298 Street and I am coming here for the International Folk Festival. On
February 2nd you sent a memo to the City Manager where you recommended some
funds and in -kind services for the City of Miami International Folk Festival.
That is why we are coming here tonight to see the results of that recommenda-
tion.
Mayor Ferre: Mr. Manager, I sent a memorandum to you. It was a very clear and
specific memorandum about the International Folk Festival, which is the only
thing that the City of Miami has been sponsoring. It has nothing to do with...
158 111902
Mayor Ferre: (con't) Now, what they are asking for is a resolution because
time is running out.
Ms. Swan: There is less than two months left to set up the festival and the
nine years.....
Mayor Ferre: Do you gave a copy of my memo there?
Ms. Swan: Yes I do.
Mayor Ferre: Alright, let me see it. I sent a copy to all members of the
Commission, as I recall.
Ms. Swan: Yes.
Mayor Ferre: And here is what it said: They have two petitions. No. 1, that
the City continue to establish structuring of the International Folk Festival,
that is, it is not a separate autonomous non-profit entity, but rather a City
of Miami Board, and No. 2, the committee was granted funding of $10,250. This
represents a cut from what they have got in the past and they are not even ask-
ing for an inflationary clause; they want to go back to what they have always
had, which is $15,000 and $20,000 in in -kind service to enable them to once
again proceed with the successful festival. To get this show off on the record -
Joe? Is Joe Carollo around? Joe, do you want to share this? I so move these
two items.
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: Yes. Reread the motion.
Mayor Ferre: No. 1, that the City again recognize that the International Folk
Festival is not a separate autonomous non-profit entity. It is a City of Miami
Board. That is what it has always been, and No. 2, that we go back to the
funding that we have always given them, which is $15,000 cash, and $20,000 in -
kind. That is what we have always given the folk festival for I don't know how
many years.
Mr. Carollo: Okay, hearing no further discussion, can we...
Mr. Plummer: No, po, no. This was too damn controversal before. Now, let's
get this thing oq the record.
Mr. Carollo: Hearing further discussion..
Mr. Plummer: Whq is going to run the show; who is going to be in charge of
putting up the booths? Mr. Gary? Mr. Odio? This became very controversal
before. Who is going to be the director? Is there going to be a paid direc-
tor? I want to know all these things and let's lay them out on the table
right now, so we don't come back in two weeks with all kinds of hell hitting
here.
Mr. Odio: Because they have changed the directors now, but before they came
here to ask you that they wanted to be independent, and now they are coming
back here and they want to be part of the City again.
Mr. Plummer: No, no.
Mayor Ferre: Cesar, wait a minute. It has always been a ... we have had eight
years of a folk festival, okay? Now, we got into a hassle because of Morty
Friedman and all of the politics of that, okay?
Mr. Plummer: That is right. That is part of it.
Mayor Ferre: And the Board started fighting with Reverand and all
the Hungarians and what have you. Okay? And as a consequence to that, we
ended up getting rid of Morty Friedman; we ended up with Gui Goevert;
some people liked him; some didn't, but the fact is that we started floundering.
Okay? All I am saying is, we go back to the winning format we have _lways had
for eight years a:.,� that is, the same way it always worked •oefore - Uc have a
Mari; the toard bus to sport to a e Assistant City Manafer. They rave oat to
seicct somebody, wh�►hEr :t is or somebody else to run the da;-n
Mayor Ferre: (con't) thing, and we are going to have to have a board that we
are going to have to deal with.
Mr. Plummer: But, we understand that Mr. Odic is going to be in charge of
this board.
Mayor Ferre: That is right!
Mr. Odio: The City Manager, but..
Mr. Plummer: Well, through the City Manager.
Mr. Odio: What I am saying is, that, for instance Gui Goevert put $25,000
just to be the director.
Mr. Plummer: Well, it has not been decided that he is even going to be the
director.
Mr. Odio: We understand that. We will run the festival, then...
Mayor Ferre: So he does! Cesar, we are going back to the good old days, al-
right? Pre-1977, I think, or '79, or whatever it is that we got off the track.
Okay?
Mr. Odio: In '80.
Mayor Ferre: Alright, we are going back to pre-1979 days. The way we did it
for eight years straight.
Mr. Odio: In other woras, we will runn....
Mayor Ferre: This is a City of Miami function. It functions under the Manager's
auspices; he is the boss; he decides who to assign. You got a committee.
Mr. Odio: I have no problem with that, as long as they don't come back two
weeks from now to say that they want to be independent.
Mr. Plummer: Wait a minute. I want to understand that Nora understands that.
Mayor Ferre: Alright, the only other thing that I want is that ... You are not
independent, Nora; you are part of the City.
Ms. Swan: Right, exactly.
Mr. Plummer: And the City Manager is running the show.
Ms. Swan: Yes.
Mr. Plummer: We understand that. And you understand that.
Mayor Ferre: The way it was before.
i
Ms. Swan: The way it was.
Mr. Odio: For the record, when they were to be independent, and we visited
their meeting, they wouldn't even let us speak to them.
Mr. Plummer: (FIRST PORTION OF STATEMENT OFF MICROPHONE -INAUDIBLE)
now, you are going; to have this dam thing nigh back in your lar again in a
full blown....
Ms. Swan: This year....
Mayor Ferre: You cannot be half pregnant. You cannot be fish and fowl. Now,
the point is, that...
Mr. Plummer: You never heard of a duck?
Mayor Ferre: You either are part of the City or you are not part of the City,
and..
Ms. Swan: Definitely. That is what we want. To me, the important thing is
to have a festival for the City.
160 ' ,. - Le 1 1 84 1
•
Mayor Ferre: All right, now. There is only one other thing. Mr. Manager, I
think that some of these people - not all of them, one = and somebody from
staff should go to the Detroit Folk Festival. The Detroit Folk Festival
attracts three-quarters of a million people at Hart Plaza, and we ought to
go see how it is done, so that we can try to pattern ourselves after that.
Ms. Swan: I just wanted to say that this festival this year is even more
important than ever before, because the council division has been cut back
in funds.
Mayor Ferre: Call the question. Joe? Call the question.
Mr. Carollo: No further discussion? Roll call.
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 82-238
A MOTION OF THE CITY OF MIAMI GRANTING A REQUEST MADE BY
THE "INTERNATIONAL FOLK FESTIVAL" AS FOLLOWS:
1) THAT THE CITY OF MIAMI CONTINUE TO ESTABLISH THE
STRUCTURING OF THE "INTERNATIONAL FOLK FESTIVAL",
THAT IS, RECOGNIZING THE FACT THAT THE FOLK
FESTIVAL IS NOT AN AUTONOMOUS ENTITY, BUT RATHER
A BOARD OF THE CITY OF MIAMI,: AND
2) THAT ALTHOUGH THE FESTIVAL COMMITTEE WAS GRANTED
FUNDING IN THE AMOUNT OF $10,250, THIS REPRESENTS
A CUT FROM WHAT THEY HAVE RECEIVED IN THE PAST,
AND HEREBY REQUEST FUNDING IN THE AMOUNT OF
$15,000 AND $20,000 IN IN -KIND SERVICES, SO THAT
THE FESTIVAL MAY PROCEED AS A SUCCESSFUL FESTIVAL.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES:
Com
Com
Com
Vic
May
NOES: None.
ABSENT: Non(
54. PERSONAL APP ARANCE: STUART SORG RZGABDING SEVERAL. PROPOSALS
BY THE WATERFRONT BOARD/
A) FLA.BOATING It7ROVEMENT AGREEMENT
B) NAVAL VESSELS AT BICENTENNIAL PART:
C) PROPOSED PLAN FOR MARINE STADIUM.
Mayor Ferre: Stuart Sorg? All right, Mr. Sorg. Right to the issue, Stuart.
Mr. Sorg: Mayor Ferre and members of the Commission, I am Stuart Sorg, chair-
man of the Waterfront Board of the City of Miami. I've got a couple of items
that I want to address tonight. The first is the issue of the Florida Boating
Improvement Act. As you will recall, the Commission appointed me to represent
the City at the County level to determine the payment of $1,000,000 that is
owed the City on this Florida Statute. I addressed the County Commission on its
special board and I found it to be totally uncooperative, uninterested in fur-
ther communicating with the City; frankly it was a waste of time. What I
would like to do now is, I would like to foresee it as we once considered to
move right into Tallahassee with Rick Sisser and get this right before the
Legislature and get that law changed.
Mayor Ferre: Stuart, in the interest of time, that bill has already been
introduced and..
Mr. Sorg: Good.
Mayor Ferre: you are..and I hope I speak for all of us here..you go right
ahead and work on it as hard as you can.
Mr. Sorg: Alright, sir. Good. Just to give you a point, Broward County has
a Marine Advisory Council where they take these funds and they distribute it
to the County and to the City, so that is really what should be done.
Mayor Ferre: I think we ought to really, Mr. Manager...
Mr. Sorg: You talk about $1,000,000 of funds that can be distributed; we
should get 65% of that.
Mayor Ferre: Okay, thank you.
Mr. Plummer: I think we ought to...
Mayor Ferre: He is instructed to proceed with the due haste during the
legislative session, instructing our lobbyist Rick Sisser to pursue this
bill and that Stuart Sorg be instrumental in helping him.
Mr. Plummer: Well, I think we ought to also keep this in mind the next time
the County comes here and asks for our cooperation.
Mr. Sorg: Absolutely. I heard the compliments to Dewey Knight today; I iust
sat back and thought they were great, but we should do the same as they o to us.
Next issue is the Naval vessels at Bicentennial Park. You also asked me to
Proceed on this matter. If you look in the papers I gave you, you will find
there is a letter from the Deputy Chief of Staff of the United States Atlantic
Fleet, which controls all shipping. Now, if you saw television this week, you
saw that Fort Lauderdale puts a massive effort into bringing naval vessels and
they get three naval ships aligned into Fort Lauderdale every single week.
That is hundreds of thousands of new dollars in economic benefits to that City
which we are not getting. And what I want to do is, I am going to proceed and
I'd like to show you, just a minute .... We are talking about bringing those
ships into Bicentennial Park. We have already done a bottom survey over the
Navy frogman group. The consistency is there. I am going to proceed. They
have already written me a letter as you see; the Admiral has written it; I got
it today, asking me to begin scheduling. This can be a massive thine for us
as far as income to downtown, as far as replenishing those ships flying the flag:
we don't see American ships in these ports anymore, naval vessels. It could be
a tremendous crime deterrent to us, so with your permission, I will pursue this
on a full court press.
162 ��f,�,. 11 1982
Mayor Ferre: Does anybody have any objections? Alright, you have full colt-
currence of this Commission. What else?
Mr. Sorg: We can talk about the Waterfront Board another time. I would like at
this particular time to bring some figures to you on the Miami Marine Stadium.
Here is a white elephant project of the City that has lost about $2500000 on
an annual basis. If we looked at these revenue return that the stadium produces
over the last five months, it has produced $16,000, Here is $20,000,000 in-
vestment producing $16,000 in five months, which to me is a ridiculous state,
so what I am recommending, and I want to show you a comparison just for a
minute. If we take that area of 6,000,000 sq. ft. as opposed to Coconut Grove's
600,000 sq. ft, they are producing approximately $10,000 - $12,000 a year on a
mooring space - let me just finish. If we put moorings there, we could produce
maybe $100,000.
Mayor Ferre: I am all for it, Stuart.
Mr. Sorg: Well let me just...what I would like to do is - I want you to con-
sider the fact that the same land and water area is equivalent to Marina del
Ray. If we were to look at this thing from a very powerful study group, we can
produce $5,500,000 of revenue by putting piers in there and still having the
concerts on the bay, and all these things.
Mayor Ferre: What happens to the races?
Mr. Sorg: We have to work that out somewhere. I want to get that group on
the study committee. But, they didn't race there in the beginning, Mayor Ferre.
They raced other places.
Mr. Plummer: $200,000 a year we are talking about.
Mayor Ferre: The races?
Mr. Plummer: Yes.
Mayor Ferre: Well, what do you want to do, stop the races?
Mr. Plummer: Well, I think we need to talk about it.
Mr. Sorg: What I'd like to do is, I would like to chair a special committee
to get this underway as far as...
Mayor Ferre: I will tell you what I am going to do. The Chair is going to
appoint Mr. Plummer as a committee of one to negotiate with you and the marine
council.
Mr. Plummer: Oh, you are beautiful!
Mr. Sorg: Let us come back with a...
Mayor Ferre: I figured you might appreciate that.
Mr. Sorg: Let me come back from a committee with recommendations on what
can be done - what the costs involved are.
Mr. Plummer: Excellent idea.
Mr. Sorg: And then I will have something to get with J. L. on.
Mayor Ferre: Okay, that is fine.
Mr. Sorg: May I form a committee? Will you form it? I would like to chair it.
Mayor Ferre: Alright, I will tell you what. You chair the committee; you
appoint the committee, yourself, okay? We will recognize it and our committee
to bargain with you is J. L. Plummer. Okay?
Mr. Sorg: Well, that is great. Thank you.
Mayor Ferre: Now, do we have anything else?
163 h'AAR 111982
Mr. Sorg: The last issue. I want to take a moment and look at Dinner Key
Marina. I'll hurry and this won't take but two minutes. We have a project
over here - Biscayne Recreation in 1979 came before the Waterfront Board; also
in 1980, and what they said was, as soon as we can get this contract, we will
move immediately and construct an incredible dockmaster's office with all these
i facilities. This is a joint project with Dinner Key Marina and the City of
i Miami. We increased the rates on people using those piers triple. They are
paying the sailboat rental; it is $3,000 as opposed to $400. If we are not
going to construct, or begin constructing some sort of a facility, I think we
are wrong in causing the increase in rates, because that was the agreement
with the people, the City of Miami, the Marine Boating and the City Commission.
What I am asking tonight is that you ask the Manager to move immediately and
construct a dockmaster's office out of the flow of cash; it is $300,000 a month.
Mayor Ferre: Stuart, can't do it.
Mr. Sorg: $30,000 a month. Why can't you?
Mayor Ferre: Can't do it, because the State Attorney's office is investigating
it for criminal purposes.
Mr. Sorg: It doesn't have any bearing on construction of the dockmaster's office,
does it?
Mayor Ferre: It does. She says it does.
Mr. Sorg: Who does?
Mayor Ferre: Janet Reno. As long as Janet Reno does not give us a release,
we cannot do it; however...
Mr. Sorg: Will you do it immediately when you do?
Mayor Ferre: Mr. Manager, the moment that Janet Reno finishes her investiga-
tion, assuming there are no accusations, or criminal proceedings, I assume
that you are under instructions to immediately begin the project, and once we
do the selection of the architect.
Mr. Sorg: We have a $30,000 a month cash flow to build that thing.
Mayor Ferre: Alright. Is that correct? Do you have any problems with that?
Mr. Gary: The problems are in terms of who is selected. That has to be de-
cided.
Mayor Ferre: We are selecting - the Commission.
Mr. Gary: Yes, that is what I am saying. You would have to do the selecting.
Mayor Ferre: Did you hear the statement I said? The moment Janet Reno is
through, then schedule before this Commission; we select the architect and we
get right on with it.
Mr. Plummer: Okay, fine. Lut, ynu will recall there is a big discussion and
a discrepancy among Commissioners.
Mayor Ferre: J. L....
Mr. Plummer: That whether or not we go back after rebidding, or take the
second firm.
Mayor Ferre: You are covered on that.
Mr. Sorg: J. L., it doesn't have any bearing on that. It is strictly...
at the City's rate. the funds are flowing through on a regular basis. The
funds arc' there.
Mayor Ferre: Okay, fine. Thank you very much, Mr. Sorl
164
55. FORMALIZING RESOLUTIO11S:
A) ALLOCATE $10,000 TO CALLE UCKU;
B) CLOSE s't'I htTS uN MARCH 14, 1982;
C) CLOSE S: ► 1CTS ON ?"A^.r'.'_ 21, M2
Mayor Ferre: Alright now, we have a resolution allocating $10,000 from the
Special Programs Account for the Quality of Life, the Kiwanis Club for Little
Havana Calle Ocho, which begins next week. This is a resolution which we past
before, which formalizes this whole Calle Ocho bit.
Mr. Plummer: I don't have...
Mayor Ferre: It is $10,000, J. L., and if you don't do it...
Mr. Plummer: I moved it.
Mayor Ferre: Alright, Plummer moves; Carollo seconds. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-239
A RESOLUTION ALLOCATING $10,000 FROM SPECIAL PROGRAMS AND
ACCOUNTS - QUALITY OF LIFE TO THE KIWANIS CLUB OF LITTLE
HAVANA FOR THE "CALLE 8 OPEN HOUSE CARNIVAL OF MIAMI" TO
BE USED IN CONNECTION WITH THE TELEVISION BROADCASTING
TO BE CARRIED ON NATIONAL TELEVISION.
(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.
F ABSENT: None -
Mayor Ferre: A resolution closing certain streets for vehicular traffic
Sunday, March 14 between 10:00 A.M. and 11:00 P.M. Plummer moves; Carollo
seconds.
Mr. Plummer: What is the delineated?
Mayor Ferre: The same as you made it before; this is the resolution. The
other one was a motion.
Mr. Plummer: Okay, I move it. No, I didn't vote; I abstained.
Mr. Carollo: That is right. He had a conflict of interest.
Mayor Ferre; Carollo moves, Perez seconds. Okay? Further discussion. Call
the roll.
165
h.r
The following resolution was introduced by Commissioner Carollo, who moved -
its adoption:
RESOLUTION NO. 82-240
A RESOLUTION CLOSING CERTAIN STREETS TO THROUGH VEHICULAR
TRAFFIC ON SUNDAY, MARCH 14, 1982, BETWEEN 10:00 A.M. AND
11:00 P.M., IN CONNECTION WITH THE "CALLE S OPEN HOUSE
CARNIVAL OF MIAMI", TO EFFECTUATE SAFE PEDESTRIAN PASSAGE
DURING THE AFORESAID CELEBRATION: SAID STREET CLOSURES
BEING SUBJECT TO ISSUANCE OF PERMITS BY THE POLICE AND
FIRE DEPARTMENTS: FURTHER ESTABLISHING THE AREA PROHIBITED
TO RETAIL PEDDLERS DURING THE SAID PERIOD.
(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
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSTAINED: Commissioner J. L. Plummer, Jr.
Mayor Ferre: Now, the same thing for March 21st.
Mr. Carollo: Move.
liavor Ferre: Is there a second?
Idr. Perez: Second.
Mayor Ferre: Further discussion. Call the roll.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 82-241
A RESOLUTION CLOSING CERTAIN STREETS TO THROUGH VEHICULAR
TRAFFIC ON SUNDAY, MARCH 21, 1982, BETWEEN 2:00 P.M. AND
11:00 P.M., IN CONNECTION WITH THE "EL PASEO" PORTION OF
THE "CALLS 8 OPEN HOUSE CARNIVAL OF MIAMI", TO EFFECTUATE
SAFE PEDESTRIAN PASSAGE DURING THE AFORESAID CELEBRATION;
SAID STREET CLOSURES BEING SUBJECT TO ISSUANCE OF PERMITS
BY THE POLICE AND FIRE DEPARTMENTS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES : None
ABSTAINED: Commissioner J. L. Plummer, Jr.
166
MAR 111982
0
56. AUTHORIZE AGREEMENT: RICCI 6 ASSOCIATES INC. - TECHNICAL
SERVICES
Mayor Ferre: Alright, take up Item 35, which is the issue on Fred Ricci
contract for the Ricci Associates for technical services for the seventh
year of CD, and the Manager negotiated this and recommends. Is that correct?
Mr. Gary: Yes, sir.,
Mayor Ferre: Further discussion? Is there a motion on that?
Mr. Plummer: Was there not a request, Mr. Mayor, by you, that this individual
come before the Commission?
Mayor Ferre: I saw him floating around here a little while ago.
Mr. Plummer: And tell us what he was going to do?
Mayor Ferre: He was here all day. Mr. Manager, why don't you tell us that?
Mr. Plummer: I thought that individual was going to come here and tell us what
he...
Mayor Ferre: He has been here all day; I don't know where he is. Where is
he? Mr. Ricci?
Mr. Plummer: What is he going to do?
Mayor Ferre: Mr. Manager, in the interest of time, could you tell us?
Mr. Gary: He is going to assist us in developing plans and securing funding
from EDA for various projects in the City of Miami.
Mr. Plummer: I thought that is what we were paying Mr. Kramer for?
Mr. Gary: Well, no. Mr. Kramer is on a lobbying basis.
Mayor Ferre: No, that is something else.
Mr. Carollo: Moved.
Mayor Ferre: Alright, we have a motion now. Mr. Carollo moves. Is there a
second? There is a second. Further discussion. Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-242
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO
WITH THE CONSULTANT FIRM OF RICCI & ASSOCIATES, INC. TO
PROVIDE PROFESSIONAL TECHNICAL SERVICES IN THE PLANNING,
DESIGN, AND FINANCING OF LARGE SCALE ECONOMIC DEVELOP-
MENT PROJECTS AT A COST NOT TO EXCEED $24,000, WITH FUNDS
THEREFOR ALLOCATED FROM 7TH YEAR COMMUNITY DEVELOPMENT
FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote -
AYES:
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, fA07
Vice-Mayor Joe Carollo
`A.,;-ia 11196"
NOES.
Mayor Maurice A. Ferre
None
V
57. DiERGENCY ORDINANCE: AMEND CITY CAPITAL IMPROVEMENT ORDINANCE � '
MIAMI RIVER WALKWAY DEVELOPMENT.
Mayor Ferre: Now, is there anything else, Mr. Manager, that you need?
Mr. Gary: Yes, sir. I need Item 17 in order for us to continue a bid.
Mayor Ferre: Take up Item 17 very quickly.
Mr. Plummer: What is 17?
Mayor Ferre: This is an ordinance on an emergency basis - Miami River Walk-
way. Without it, we have a problem with that convention center.
Mr. Carollo: Moved.
Mayor Ferre: Moved by Carollo. Is there a second?
Mr. Perez: I second.
Mayor Ferre: Further discussion? Read the ordinance on emergency basis.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF
ORDINANCE NO. 9353, THE CITY'S CAPITAL IMPROVE-
MENT APPROPRIATIONS ORDINANCE FOR FISCAL YEAR
1981-S2; AS AMENDED; BY INCREASING APPROPRIATIONS
FOR PROJECT IX. C. (ii) 3., MIAMI RIVER WALKWAY
DEVELOPMENT IN THE CAPITAL IMPROVEMENT FUND IN
AN AMOUNT OF $295,900 FROM THE 1972 PARK AND
RECREATIONAL FACILITIES GENERAL OBLIGATION
BOND FUND BY DECREASING APPROPRIATIONS FOR
PROJECT VI. B. 8., VELODROME BY AN AMOUNT OF
$195,900 AND DECREASING APPROPRIATIONS FOR
PROJECT VI. B. IS., FORT DALLAS PARK DEVELOPMENT
BY AN AMOUNT OF $100,000 IN THE 1972 PARK AND
RECREATIONAL FACILITIES GENERAL OBLIGATION BOND
FUND AND FURTHER TRANSFERRING THE MIAMI RIVER
WALKWAY DEVELOPMENT PROJECT FROM SECTION IX. C.
(ii), PROJECTS FUNDED WITH SINGLE SOURCES OF
REVENUE, TO SECTION IX. C. (i) PROJECTS FUNDED
WITH MULTIPLE SOURCES OF REVENUE THUS ESTABLISHING
SAID PROJECT AS PROJECT IX. C. (i). 3.; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND DISPENSING WITH THE REQUIREMENT OF READING
SAME ON TWO SEPARATE DAYS BY A VOTE OF NO LESS
THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION.
Was introduced by Commissioner Carollo and seconded by Commissioner
Perez for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed
to by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner .1. L. Plummer, Jr.
Vice -Mayor J(u. Carollo
Mayor Maurice: A. Ferre
NOES: None
ABSENT: None
Whereupon the Commission on motion of Commissioner Carollo, and seconded
by Commissioner Perez, adopted said ordinance by the following vote:
168
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
ABSENT: None
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9380
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.
58. CLOSE CERTAIN STREETS MARCH 13, 1932 FOR ANNUAL ST. PATRICKS
DAY PARADE.
Mayor Ferre: Now we have the resolution for the St. Patricks Day Parade to
close off ... alright, it has been moved and seconded. Further discussion? Call
the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-243
A RESOLUTION CLOSING CERTAIN STREETS TO THROUGH VEHICULAR
TRAFFIC ON SATURDAY, MARCH 13, 1982, BETWEEN 12 NOON AND
5:00 P.M., IN CONNECTION WITH THE ANNUAL ST. PATRICK'S
DAY PARADE, SPONSORED BY THE ST. PATRICK'S DAY COMMITTEE,
INC. TO EFFECTUATE SAFE PEDESTRIAN PASSAGE DURING THE AFORE-
SAID CELEBRATION: SAID STREET CLOSURES BEING SUBJECT T^
ISSUANCE OF PERMITS BY THE POLICE AND FIRE DEPARTMENj
AUTHORIZING SAID SPONSOR TO PROVIDECONCESSION SERVIC]
ALONG THE PARADE ROUTE: FURTHER ESTABLISHING THE ARE)
PROHIBITED TO RETAIL PEDDLERS DURING THE PARADE PERI(
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resoluti<
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.
169
0
0
59. EMERGENCY OPJ)INANCE: AME14D ANNUAL APPROPRIATIONS ORDINANCE
TO COVER PURCHASE ORDERS ISSUED IN FY 81 AND PAID IN FY 82.
Mayor Ferre: Mr. Manager, Mr. City Attorney, is there anything...Item 18,
alright. Take up 18.
Mr. Gary: Appropriations prior year encumbrances.
Mayor Ferre: Is there any problem on that? Who moves it? Plummer moves, is
there a second? Second by Carollo. Further discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1, 2, 4 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 FOLLOWING APPROPRIATIONS IN THE AMOUNTS INDICATED:
GENERAL FUND, $2,407,386, ENTERPRISE FUND, $636,170,
INTERNAL SERVICE FUND,, $741,844, TRUST AND AGENCY
FUND, $24,490; AND BY INCREASING REVENUES IN THE SAME
AMOUNTS, RESPECTIVELY FROM THE FY'81 FUND BALANCE AND
RETAINED EARNINGS OF EACH ACCOUNT; TO COVER THE
CHARGES FOR PURCHASE ORDERS ISSUED IN FISCAL YEAR
1981 AND PAID IN FISCAL YEAR 1982; CONTAINING A RE-
PEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Carollo for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed
to by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice-Mavor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None.
Whereupon the Commission, on motion of Commissioner Plummer and seconded
by Commissioner Carollo, adopted said Ordinance by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED EMERGENCY ORDINANCE NO. 9381
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.
170
1982
60. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION ,
1434-1500 N. W. 3 AVE. FROM R-4 TO GU.
Mayor Ferre: Plummer wants 62(a).
Mr. Plummer: 62(a) I move.
Mayor Ferre: There is a motion that the Overtown Shopping Center, which we
need to get rezoned.
Mr. Plummer: I said (a) and (b).
Mayor Ferre: We have to do one at a time. The ordinance 62(a) has been moved
and seconded. Further discussion. Alright, read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY
CHANGING THE ZONING CLASSIFICATION OF TRACT 9, TOWNPARK
SUB 4 (87-52) URBAN RENEWAL PROJECT FLORIDA R-10, BEING
APPROXIMATELY 1434-1500 NORTHWEST THIRD AVENUE, FROM R-4
(MEDIUM DENSITY MULTIPLE) TO GU (GOVERNMENTAL USE) AND BY
MAKING ALL THE NECESSARY CHANGES IN THE ZONING DISTRICT
MAPS MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE
AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF, BY RE-
PEALING ALL ORDINANCES, CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins
and passed on its first reading by title by the following vote:
AYES: Commissioner 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
publice.
61. GRANT PERMISSION TO COASTRUJ.:1 b OPERATE NEIGHBORHOOD
SHOPPIING CL11TER AT 1434-1500 N.W..3 AVENUE.
Mayor Ferre: Plummer moves the resolution which is 62(b); Perez seconds. Fur-
ther discussion. Call the roll on the resolution.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
1'71
c.' �: r• i 1 1982
RESOLUTION NO. 82-244
A RESOLUTION GRANTING PERMISSION TO
OPERATE THE OVERTOWN NEIGHBORHOOD SHOPPING
CENTER PER ORDINANCE NO. 6871, AS AMENDED,
ARTICLE XXI-2 GU (GOVERNMENTAL USE),
SECTION 3 (1,2) AND AS PER PLAN ON FILE
DATED JANUARY 5, 1982# ON TRACT 9; TOWN -
PARK SUB 4 (87-52); URBAN RENEWAL PROJECT;
FLORIDA R-10 AND TRACT 10 (PART); TOWNPARK
SUB 4; URBAN RENEWAL PROJECT: FLORIDA
R-10, PARTICULARY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHEAST CORNER OF SAID
TRACT ,10; THE110E S87° 49'21"W ALONG THE
SOUTH BOUNDARY LINE OF SAID TRACT 10 FOR
170.98 FEET; THENCE N3° 21'00"W FOR 70.02
FEET, THENCE N870 49'21"E FOR 50.97 FEET;
THENCE N30 21'00"W FOR 125.60 FEET;
THENCE N870 43.18E FOR 120.00 FEET TO THE
EAST BOUNDARY LINE OF THE AFORESAID TRACT
10; THENCE S30 21'00"E ALONG THE SAID EAST
BOUNDARY LINE OF TRACT 10 FOR 195.83 FEET
TO THE POINT OF BEGINNING, BEING APPROXI-
MATELY 1434-1550 NORTHWEST 3rd AVENUE,
ZONED R-4 (MEDIUM DENSITY MULTIPLE) AND
GU (GOVERNMENTAL USE), FINDING THAT THE
HEREIN PROPOSED USE IS:
(a) COMPATIBLE WITH THE SURROUNDING
NEIGHBORHOOD;
(b) NOT IN CONFLICT WITH PLANNING FOR
THE AREA;
(c) READILY ACCESSIBLE;
(d) NOT ADVERSE IN IMPACT TO THE SURROUND-
ING NEIGHBORHOOD;
(e) WILL BE COMPATIBLE WITH SCALE OF ADJA-
CENT PROPERTIES;
(f) WILL BE AESTHETICALLY DESIGNED; AND
(g) PROVIDES AS ESSENTIAL SERVICE TO THE
COMMUNITY;
SUBJECT TO THE CONDITION THAT THE CITY'S PARKING
REQUIREMENTS ARE MET.
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES:
NOES:
ABSENT:
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
None
None
1.'72
mt-, 111982
DISCUSS1011 ITEMS:
62• 1. CALL SPECIAL MEETING FOR TUESDAY, MARCH 16, 1982 TO CONSIDER
ALL UNFIIIISI3;D PORTIOItS OF T:iIS AGENDA.
2. DEPARTWIT OF TRADE AND COMMERCE.
3. MIAMI CAPITAL DEVELOPMENT.
Mayor Ferre: I'll tell you, I am sorry, we don't have time. We are on Item
No. 55 and that is the last item of the night, and 56.
Mr. Dawkins: Mr. Mayor, before we go through anything, can we get rid of the
impact fees.
Mayor Ferre: What is that? Is that 55?
Mr. Dawkins: Yes, 55.
Mayor Ferre: Yes sir, we are now back on Item 55 and 56, which are related
items and I hope that now —again, just so that all these people that are
waiting on other items, I am willing to stay here and take up Item 60, but I
cannot impose that on anybody unless we get three votes here. Now, I am
going to ask once; I am going to ask twice....
Mr. Dawkins: No.
Mayor Ferre:....and I am going to ask three times.
Mr. Plummer: No.
Mayor Ferre: Now, there is nothing I can do about it; that's the rules of
the Commission, unless we have three votes here. I'll tell you, you have got
my vote, but you don't have three votes here, so that is the end of it. The
only thing we are on is 55 and 56, and tnat is it, and we will hear those
items until they are finished.
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: We have got the Passover situation. We have got to change the
April 8th meeting date. So, pick a date. In the meantime, we are on Item
Number 55 and 56.
Mr. Plummer: Ve defer to April Fool's Day?
Mayor Ferre: Bob. Bob, hold on for a second. You know, I will tell you; I
really feel bad about Senator McKnight. He is one of the best friends that
the City of Miami has in Tallahassee and we made this man fly all the way down.
He is one of the most important people in the Legislature; he has taken his
time to come down here and we are going to let him go back to Tallahassee
and force him to come back again.
Mr. Dawkins: But, we have been here all day.
Mayor Ferre: I know, but I am embarrassed about that. All right, I will tell
you, now we can't do both, but I am perfectly willing if Marty is willing to
let us do it and Bob and the others to roll over 55 and 56 and call a Special
Commission Meeting for Monday, as Joe Carollo said and do Item 60....
Mr. Plummer: I can't make Monday. I can make Tuesday, but not Monday.
Mayor Ferre: so that he can go back to Tallahassee, for crying out loud! Are
you willing to do that, Bob and Marty?
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Plummer: I can't do it Monday.
Mayor Ferre: I've got a lot of things to cancel, but I want to tell you that I
am willing to do it out of courtesy to Senator McKnight.
ld
11982
WE
Go
Mr. Plummer: How about Tuesday afternoon - say, 1:00 o'clock?
Mayor Ferre: I've got...I'll do it Tuesday afternoon. Would you make it
1:30?
Mr. Plummer: 2:00 o'clock is fine.
Mayor Ferre: 2:00 o'clock.
Mr. Dawkins: I will be in Tampa, but you will still have a quorem.
Mayor Ferre: All right, we will ... All right, Ladies & Gentlemen....
INAUDIBLE BACKGROUD COMMENTS NOT PLACED IN THE PUBLIC RECORD.
Mayor Ferreiadies & Gentlemen. Out of fairness to Senator McKnight, what I
would like to do is, hear Item 60 right now, because it is 9:00 o'clock
and this is the last item on the agenda, and call a Special Commission Meet-
ing for 2:00 o'clock on Tuesday. All right, we now need a motion to continue
Item 55...
Mr. Plummer: All items not covered previously.
Mayor Ferre: Can we do that in one motion, Terry?
Mr. Percy: Yes, we need to set a time and a date and a place.
Mayor Ferre: Ladies and Gentlemen, we will be continuing this Commission
meeting on those items beyond 55 to 2:00 o'clock P.M. on Tuesday. Is there
a motion?
Mr. Plummer: So moved.
Mayor Ferre: Plummer moves.
Mr. Dawkins: I second it.
Mayor Ferre: Dawkins seconds. Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 82-245
A MOTION OF THE CITY COMMISSION CONTINUING THIS COMMISSION
MEETING TO TUESDAY, MARCH 16, 1982, ON WHICH DAY THE COM-
MISSION WILL PROCEED TO CONSIDER ALL THE UNFINISHED PORTIONS
OF THE REGULAR & PLANNING ZONING AGENDAS AT A SPECIAL MEET-
ING WHICH IS HEREBY SCHEDULED TO COMMENCE AT 2:00 O'CLOCK P.M.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Ferre: All right, now we are on Item 60. What is it, Marty?
(Statement by Mr. Marty Fine from the audience)(not placed into the record)
Mayor Ferre: That is fine, on Tuesday. All right, now can we near
ICe:.i ',0 pleasC? T;,c.t is the last item.
Mr. Plummer: Item 60.
Id
174
MIR 11 1982
so
Mayor Ferre: 60.
Mr. Plummer: That is fine.
Mayor Ferre: All right, we are on Item 60.
Mr. Plummer: That is the one we are here...
Mayor Ferre: This Commission is not through yet.
Mr. Plummer: That is the one we are hearing at 9:00 o'clock.
Mayor Ferre: Now, the rules are that whenever we are on at 9:00 o'clock,
we hear that to the end. Is that correct, Plummer?
Mr. Plummer: Item 60?
Mayor Ferre: Yes.
10
Mr. Plummer: Mr. Mayor, I want to announce up front that it was my intent and
it is my intent on any of these items that we have got to discuss impact fees.
If not discuss, at least have an understanding about the application of
Alright, so I just ... you know, I am ready to vote, but I want it understood
that it is going to have a string attached.
Mr. Percy: You haven't got a quorium
Mayor Ferre: Now, this is embarrassing. What?
( INAUDIBLE COMMENTS NOT PLACED INTO THE PUBLIC RECORD J
Mayor Ferre: What? You are trying to get what? Tell them that, you know,
we have a commitment to stay on whatever issue we are on. All right, those
of you who are not here on Item 60, please leave the room quietly, and every-
thing else is continued, so please come back. We have to wait for a quorem,
now.
Mr. Plummer: I'll be right back.
Mayor Ferre: J. L., I will tell you what. I will tell you what I would =
like to do. This is illegal, because we don't have a quorem, but I don't
mind putting it on the record, and let these other guys listen to it and read
it and then we will have to bring it to a vote.
Mr. Fine: You can bring it up on...don't you have it on Tuesday then, if
you don't take it up now?
Mayor Ferre: Yes.
Mr. Fine: I will do my best to just reschedule again.
Mayor Ferre: Go on, Janet, what do you want me to do? They got in the car.
Mr. Plummer: Question. Bob, would it be of help to you, if we held your
portion in the evening, so that you could go to Tallahassee and have the time
to get back here for an evening session; would that be better for you? I am
willing to go to that extent, Mr. Mayor.
Mayor Ferre: We are not going to have Miller Dawkins here now.
Senator McKnight: I only have one potential problem, Mr. Mayor and
I hate to even say this, but you served in the Legislature. Wow I am told I em
one of the conferees in the Appropriations Committee. As long as we are not
meeting Tuesday night, I will be 'here. If t can just confirm; I will get with the
President and teh Speaker and check the schedule.
ld
Mayor Ferre: Mr. Manager, on the question of the Trade and Commerce Department,
on the record, even though we don't have a quorem, I just want to tell you that
I want you to schedule this for discussion at the next Commission meeting. I
want to tell you what I am going to propose at that time and Mr. Knox, I want
you to help on the legal position. What I am going to propose is as follows:
Either we go back to the original concept of the Trade and Commerce Department
and I want you to research, Mr. City Attorney, the Commission meeting where
the Trade and Commerce Department was established about three or four years
ago. That was a three to two vote. Commissioner Plummer, and Rose Gordon, as
I recall, voted against it.
Mr. Plummer: Yes, sir.
Mayor Ferre: Now, the establishment of the Trade and Commerce Department as
you will find in those minutes was mainly for the purpose of foreign trade
and commerce.
Mr. Plummer: No, sir. Okay, but that is not the whole picture.
Mayor Ferre: It wasn't the whole picture.
Mr. Plummer: The rest of the picture was to take advante at that
time of the federal grant that was available, with the understanding that at
such time as the grant ran out, that it would either prove itself in bringing
in millions of dollars to this community, or it would be disbanded. Like a
lot of other temporary funding that becomes permanent, that did not happen.
We didn't even evaluate the program.
Mayor Ferre: Yes, I want you to go back in the record and get that whole
record re-established, Jack, then as to how. Now, my memory is that the
purpose of this is trade and commerce. Now, one of the arguments, and I don't
know whether it was Rose Gordon or J. L. Plummer used on that issue, was that
the County already had an economic development agency....
Mr. Plummer: At that time they did.
;favor Ferre: .... and that the economic development agency in the City was just
a duplication of what the County was doing. Now, that was the argument that
Plummer used unsuccessfully, because it went three to two.
Air. Plummer: And you over -rode my argument with the argument that says that
"the County isn't going to do a damn thing for the City and if we don't have
our own, and if we don't take advantage of the federal grant, the City isn't
going to get anything at all".
Mayor Ferre: And they haven't.
Mr. Gary: k'hy don't you be quiet; you are going to get me to agree with you now.
Mr. Plummer: Shut up. You know who is boss?
'r. Gary: You.
Mr. Plummer: Dam right, smart man
Mayor Ferre: Now, what I am proposing Howard, is not to turn this department
over to the County, because I don't think that is realistic. I am proposing
one of two things. One, we limit the department to the original intention,
which was international trade and commerce. That means the Trade Fair of The
Americas; that means the African Trade Fair; that means the other trade and
commerce issues, and let the County do the other things that they are supposed
to be doing in economic development: the neighborhood stuff, the garment
center.
Mr. Gary: Use your organizations, community based.
Mal%'Or FL-i-re: I understand.
Mr. Plummer: Well, you are just saying we discussed the matter.
Mayor Ferre: I am saying, we discussed the matter.
Mr. Plummer; Yes.
Mayor Ferre: In other words, we limit ourselves strictly to foreign trade
and commerce, which is a specialty that this Commission has wanted to pursue.
id a
176 r, 1982
�1
Mr. Plummer: Mr. Mayor, I hope...
Mayor Ferre: Let me finish. Now, the second option that I have, which is
my preference - I want to put that on the record. My preference is that we
do this in the following manner; and I have discussed this with Merritt Stier-
heim. Mr. Merritt Stieheim likes the idea, and would like to pursue it .. that
the City of Miami go back to the consortium idea that we used to have, and
unfortunately Joe Grassle gave up on - between the County and the City for
publicity. Okay? That we go back to the consortium approach to this thing
and that we take the County's and the City's department and merge them into
one; form a board of directors. We appoint four; they appoint four; I don't
mind the Governor appointing the ninth. They select a chairman. This is not
going to be an autonomous board, though. It is going to report as the old
City of Miami Publicyt Department; Lou Price had two bosses; he had to report
to the City Manager and the County Manager. And let that department head re-
port to both the City and the County and go back to one of those deals.
Now...
Mr. Plummer: Well, I hope, Mr. Mayor, because what you are saying is not
quite right. Lou Price did not answer to two bosses.
Mayor Ferre: Who did he answer to?
Mr. Plummer: I hope we can get the same deal today that the County had with
us back then. We were the boss. We operated it, and for $500,000, about
one -tenth of the department, the County got everything that the Cit7 got,
and I would love to have that kind of a sweetheart deal now, and I'll even
let them answer to County Manager.
Mayor Ferre: Well I don't ... I don't agree with that one.
Mr. Plummer: Well, I don't necessarily either, but for that kind of a sweet-
heart deal, I'll consider it.
. Mayor Ferre: I think we have got to have some kind of say. I don't mind
limiting the say, if you will, but we have got to have some kind of a say.
And then we can ... now, I want to tell you with all due respect that I don't
think that we have been doing as good a job as we should be doing in the
past, and I don't think that the County has been doing anywhere near as good
a job as they should have been doing in the past, and Merritt Stierheim
recognizes that. We need to get an economic development operation really
going in this community; it is not functioning right. Now, either we limit
ourselves to foreign trade and commerce, or we go in with the County and do
it, you know, all the way.
Mr. Plummer: Well, I only have one comment, Mr. Mayor. My comment is that
when you start talking about trade and commerce, however you want to talk
about, I will talk. But, in no way - I don't think you are inferring - but,
I want it understood on the record that in no way, are you inferring to change
the Miami Capital Development.
Mayor Ferre: Well, that is something that we - no. The answer at the present
time, no, but that is something that we have got to discuss, because, I am going
to tell you, I am not at all happy with Miami Capital.
Mr. Plummer: Well, I don't want to put that funding in jeopardy. You know,
tomorrow morning you pick up a newspaper and they do in Washington, and they
see that we are down here squabbling about it, all of that money could be
taken away.
Mayor Ferre: There it is. That is my problem. Good news to Liberty City
and to all Miami - Miami Capital Development. Do you see Miami's name in
there anywhere in there, Plummer?
Mr. Plummer: Yes, sir. In the bold print.
Mayor Ferre: Where does it say?
Mr. Plummer: Miami.
ld Mayor Ferre: It doesn't say City of Miami has anything to do with it.
Hay, I am all for Miami Capital....
.. 177 MAR 1 19 2
x
t
{
Mr. Plummer: I am willing to talk, okay? t don't think there is any worse than
the headlines that appeared in the bulldog edition that was immediately pulled
out in the morning edition and I don't know if any of you saw it.
It said "Latins to buy Miami".
Mayor Ferre: To what? To buy Miami.
Mr. Plummer: That was the headlines in the Miami Herald in the bulldog
edition, I think Monday night of last....or Tuesday night of last week.
Mayor Ferre: What's that say?
Mr. Plummer: "Latins to buy Miami". Now, what it should have said, if you
read the article was", "Latins to buy in Miami".
Mayor Ferre: All right, we will talk about it....
Mr. Plummer: Immediately the next morning, it was pulled.
Mayor Ferre: Would you schedule it for the next Commission meeting, Howard,
and I will tell you, we have got to change the meeting that comes before Pass—
over.
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.
MAURICE A. FERRE
Mayor
ATTEST: RALPH G. ONGIE
City Clerk a
�\
Assistant City Clerk JG
j I
r
ld.
178
��•. A.N. � 1' 19�
Ct'�'lf OF R+i�ANil
ITEM NO
R.i.. n i:
v
DOCUMEUT IDENTIFICATION
ESTABLISH SPEED LIMIT ZONE AROUND ALL OF DADE COUNTY
SCHOOLS AND PRIVATE SCHOOLS -FLASHING LIGHTS, ETC.
AUTHORIZING CITY MANAGER TO EXPAND SCOPE OF SERVICES
FOR MARKETING PLAN AND IMPLEMENTATION STRATEGY FOR
"AFRICAN TRADE FAIR"
DISCUSSION ITEM: PLIGHT OF NICARAGUAN PEOPLE IN THE U.S
APPROVE AGREEMENT RON FRAZIER & ASSOCIATES -
PROFESSIONAL ARCHITECTURAL ENGINEERING SERVICES
COCONUT GROVE EXHIBITION -CENTER WEST COURT YARD
ROOF
ASTA CONVENTION.EXPRESSING SUPPORT.APPROVE REQUEST
FOR FUNDING.ASTA WORLD CONGRESS N.T.E.
$90,000.00
ACCEPT COMPLETED WORK. WEST TRAILVIEW HIGHWAY
IMPROVEMENT- H-4447
CONFIRM ASSESSMENT ROLL: SIMPSON SANITARY SEWER
IMPROVEMENT SR-5391-S
CONFIRM ASSESSMENT ROLL: SIMPSON SANITARY SEWER
IMPROVEMENT SR-5391-C
PUBLIC HEARING: RENAMING OF MANOR PARK TO "CHARLIE
HADLEY PARK"
DISCUSSION ITEM: MANAGEMENT AGREEMENT FOR THE CITY OF
MIAMI/JAMES L. KNIGHT CONFERENCE AND CONVENTION
CENTER
FORMALIZING RESOLUTION:AGREEMENT WITH MIAMI MOTOR
SPORTS,INC.INTERNATIONAL MOTOR SPORTS ASSOCIATION
RACE
AUTHORIZE AGREEMENT:GARCES COMMERCIAL COLLEGE INC.
JAMES E. SCOTT COMMUNITY ASSOCIATION.CETA.00CUPATIONAL
SKILLS TRAINING.TITLE II-B PARTICIPANTS
ACCEPT WAIVER OF DEED RESTRICTIONS FOR MARINE
RELATED USES OFFERED.BOARD OF TRUSTEES
OF INTERNAL IMPROVEMENT TRUST FUND.
AUTHORIZE APPLICATION TO EDA REQUESTION 1.5 FOR
RENOVATION AND REDEVELOPMENT OF PANTRY PRIDE
BUILDING N.W. 62ND STREET
ALLOCATE COMMUNITY DEVELOPMENT BLOCK FUNDS TO
OVERTOWN DEMONSTRATION PROJECT-240 N.W. llth STREET
AUTHORIZE AGREEMENT:BOOZ,'ALLEN AND HAMILTON,INC.
IMPROVE COMPUTER OPERATIONS AND POLICE PROTECTION
SERVICES TO THE CITY.
MEETING DATE:
MARCH 11,1982
COMMISS
R-82-199
R-82-200
R-82-203
R-82-205
R-82-211
R-82-214
R-82-215
R-82-216
R-82-217
f .309PA 6,
R-82-226
R-82-233
R-82-234
R-82-235
R-82-236
R-82-237
RETR 1
82-199
82-200
82-203
82-205
82-211
82-214
82-215
82-216
82-217
82-219
82-226
82-233
82-234
82-235
82-236
82-237
DOCUMENToINDEX-
CONTINUED
PAGE #2
ITD4 NO. DOCUMENT IDENTIFICATION COMMISSION
ANTTnKl rnT%r Aln.
FORMALIZING RESOLUTIONS:
A) ALLOCATE $10,000 TO CALLE OCHO R-82-239 82-239
B) CLOSE STREETS ON MARCH 14,1982 R-82-240 82-240
C) CLOSE STREETS ON MARCH 21, 1982 R-82-241 82-241
AUTHORIZE AGREEMENT:RICCI AND ASSOCIATES INT.
TECHNICAL SERVICES R-82-242 82-242
CLOSE CERTAIN STREETS MARCH 13, 1982 FOR ANNUAL
ST.PATRICK DAY PARADE R-82-243 82-243
GRANT PERMISSION TO CONSTRUCT AND OPERATE
NEIGHBORHOOD SHOPPINT CENTER AT 1434-1500
N.W. 3RD AVENUE. R-82-244 82-244