HomeMy WebLinkAboutCC 1982-02-11 Minutesl
CITY OF MIAMI
•,ice - • l �, W1,
'.
� . February 11, 1982
OF MEETING HELD ON
(REGULAR)
PREPAREO BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G. ONGIE
CITY CLERK
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AWIISTIORZFFtARIIl4
(REGULAR) SMCT (FEBRUARY 11, 1982)
PERSONAL APPEARANCE: JANET COOPER REGARDING SEVERAL
AGENDA ITEMS.
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APPROVE WITH STIPULATIONS: MIAMI MOTORCARS INC.
SPORTS CAR RACE.
DISCUSSION OF CRIMINAL JUSTICE.
SUPPORT GOVERNOR'S PROPOSAL FOR ADDITIONAL SALES TAX
AND DISTRIBUTION FORMULA BASED ON POPULATION,ETC.
BRIEF DISCUSSION: A REQUEST THAT ALL RADIO STATION
TAPES IN CONNECTION WITH JANUARY 16TH INCIDENT BE
HANDED DOWN TO BLUE RIBBON COMMITTEE
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PETITION' GOVERNOR FOR REPRESENTATION OF CITY OF MIAMI
ON TASK FORCE FOR COMMITTEE ON CRIME.
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RESOURCE REQUIREMENTS - BLUE RIBBON COM!NTITTEE
TO STUDY CAUSES AND EFFECTS OF RECENT DEMONSTRATIONS.
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� DISCUSSION ON WATSON ISLAND
OPEN, RECEIVE BIDS FOR $10,400,000 PARKING REVENUE
A BONDS AND APPROVE OFFICIAL STATEMENT FOR THE BONDS.
CONTINUED DISCUSSION OF WATSON ISLAND -REQUEST GOVERNOf
AND STATE CABINET TO GRANT EXTENSION.
DISCUSSION OF PROPOSED LEASE AGREEMENTS: MIAMI
OUTBOARD CLUB AND MIAMI YACHT CLUB.
(SEE LATER SAME DAY FOR RESOLUTIONS)
POLICY ON SOCIAL SERVICE CUTS -COMMUNITY DEVELOPMENT
FUNDS. (ALSO SEE LABEL 13 & 15 FOR CONTINUATION).
AWARD BID: $10,400,000 PARKING REVENUE BONDS.
(WILLIAM R. HOUGH CO.)
CONTINUED DISCUSSION: POLICY ON SOCIAL SERVICE CUTS
COMMUNITY DEVELOPMENT FUNDS.
(ALSO SEE LABELS 11 & 15 FOR CONTINUATION).
PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS.
CONTINUED DISCUSSION: POLICY ON SOCIAL SERVICE
CUTS, COMMUNITY DEVELOPMENT FUNDS -
(ALSO SEE LABELS 11 & 13 FOR CONTINUATION).
APPROVE LEASE AS AM�ENDED: MIAMI OUTBOARD CLUB.
APPROVE LEASE AS AMENDED: MIAMI YACHT CLUB.
APPROVE SETTLEMENT WITH MIAMI DOLPHINS.
�INANCE
t�ESOWTIO�J�O, PACE NO
DISCUSSION 1-3
M-82-81 3-5
M-82-82 5-12
M-82-84
DISCUSSION
M-82-85
M-82-86
DISCUSSION
R-82-87
R-82-88
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M-82-
89
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DISCUSSION
M-82-90
R-82-91
M-82-92
DISCUSSION
M-82-93
R-82-94
R-82-95
M-82-96
12-15
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15-16
4 16-18
14-22
22-25
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25-29
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30-38
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38-44
44-46
47-5`1
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54-r)-
62-t-
64
65-6b
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ItCEXX
CITYIOOM'iISSJaJ OF MIAMI, FLORIU4
M No' I (REGULAR) SLUCT (FEBRUARY 11, 1982)
19
LONG DISCUSSION ITEM: GARBAGE AND TRASH COLLECTION
(A) HIRE ADDITIONAL INSPECTORS
(B) ADVISE PUBLIC OF SCHEDULE
(C) BRING ALTERNATIVES TO STRAW VOTE
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EMERGENCY ORDINANCE: "K.T.W." BULLET ORDINANCE
(SEE RELATED LABEL NO. 3)
21
URGE OTHER GOVERNMENT ENTITIES TO ADOPT SIMILAR
LEGISLATION PROHIBITING THE SALE OF "KTW" BULLETS.
22
MAI'OR REQUESTS CITY ATTOK,EY TO DRAFT A PROPOSED
ORDINANCE TO TRANSFER THE DEPARTMENT OF SOLID
WASTE TO METRO.
23
AFFIRMATIVE ACTION PROGRESS REPORT:
(A) REQUEST RETRACTION AND CLARIFICATION BY MIAMI
HERALD
(B) REQUEST PUBLICITY DEPARTMENT TO WRITE REBUTTAL TC;
MIAMI HERALD ARTICLE.
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CONVENTION CENTER CHANCE ORDERS:
(A) AUTHORIZE E%TEN'DITL'RE 07 S1,600,000 TO KEEP I
ON SCHEDULE THE COtiSTRL CI 1,1.:
(B) NOTIFY PRIVATE DEVELOPER THAT HE OWES CITY FOR j
CHANGES j
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INSTRUCT CITY ATTORNEY TO DRAFT LEGISLATION
DECLARING CITY INTENT NOT TO VIOLATE THE 50-FOOT
SETBACK REQUIREMENTS IN FUTURE CONSTRUCTION,
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ADVERTISE FOR BIDS: PLACEMENT OF STATUE OF SIMON
BOLIVAR NEAR TORCH OF FRIENDSHIP-BAYFRONT PARK.
27
DISCUSSION ITEM: PRESS RELEASE TO INFORM PUBLIC
OF "KTW" BULLET ORDINANCE; ESTABLISH CENTERS WHERE
CITIZENS MAY TURN IN THESE "KTW" BULLETS;
DETERMINE FORM OF REIMBURSEMENT.
28
AUTHORIZE COLLECTIVE BARGAINING AGREEMENT:
INT ERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-
CIO LOCAL 587.
29
CONFIRM ELECTION OF RAY PEN'LAND AND A.G. SHERMAN AS
MEMBERS OF THE CIVIL SERVICE BOARD.
30
CONFIRM ELECTION OF CONNOR I. ADAMS AND WILLIAM
J. RABUN TO THE RETIREMENT BOARD OF THE MIA"1I CITY
GENERAL EMPLOYEES RETIREMENT PLAN.
31
APPOINTMENTS TO THE CODE ENFORCEMENT BOARD.
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AWARD BID: DOWNTOWN' GOVERN' ENT CENTER PARKING
FACILITY 270 N.W. 2ND STREET.
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kMEND APPROPRIATION'S ORDINANCE: MISCELLANEOUS
34
APPOINT VOTING DELEGATE TO FLORIDA LEAGUE OF CITILS
(COMM.ISSIONER JOE CAROLLO)
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PAGE # 2
rso"LUTC103o. IPAGE NO
Al-82-97
M-82-98
ORD. 9371
11-82-99
DISCUSSION
M-82-100
M-82-101
M-82-102
11-82-103
R-82-104
M-82-105
R-82-106
R-82-107
79-81
81-82
82-S,
89-9-1
92-93
9 3-95
95-96
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R-82-108
R-82-109
99-1
R-82-110
IGO-
ORD. 9372
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R-82-111
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CITY'NI S IOR'M 1, &IDA PAGE # 3
ORD I NMCE OR
(REGULAR) SLUCT (FEBRUARY 11, 1982) 1 SoLaloi'V No. I RAGE NO
AMEND SECTIONS 35-91 AND 35-93 OF THE CITY CODE
ESTABLISH RATES AT ON -STREET PARKING METERS AND
CERTAIN OFF-STREET LOTS.
DISCUSSION
AUTHORIZE CITY MANAGER TO ADVERTISE THROUGH PUBLIC
HEARING PROCESS TO PERMIT BIDS AND PAVING OF F.E.C.
PROPERTY FOR 600 PARKING SPACES AS A TEMPORARY USE.
M-82-112
PUBLIC HEARING: PROPOSED MONUMENT ON MEDIAN STRIP
S.I:. 13 AVENUE BETWEEN S.W. 11 AND S.W. 12 STREETS.
M-82-113
FISHING RIGHTS ON SOUTH BAYSHORE DRIVE (POINT VIEW)
(ORDINANCE PROHIBITING WAS NOT ENACTED).
M-82-114
FIRST AND SECOND READING ORDINANCE: $30,000
ALLOCATION FOR CONSTRUCTION OF MODEL OF BAYFRONi
AREAS MASTER PLAN AND MODEL.
ORD. 9373
FIRST AND SECOND READING ORDINANCE: INCREASE, MODIFY
FEES BUILDING, PLUMBING, ELECTRICAL, ELEVATOR BOILER
INSP. ETC.
ORD. 9374
FIRST AND SECOND READING ORDINANCE: NEW TRUST AND
AGENCY FUND "KWANZA FESTIVAL"-5TH YEAR
ORD. 9375
AMEEND GAR*IENT CENTER/PROJECT-TRANSFER COD-LkRI'NITY DES'.
FUNDS LAND ACQUISITION AND REDEVELOPMENT OF PHASE II.
R-82-115
AMEND GARMENT CENTER/FASHION DISTRICT REDEVELOPMENT
LAND ACQUISITION PLAN.
R-82-116
ALLOCATE. FUNDS NTE $40,000 INCREASE CONTRACT E.H.
FRIEND AND CO. PENSION MATTERS.
R-82-117
EXECUTE AGREEMENT:LESTER ALAN FETTIG-PROFESSIONAL
SERVICES IN BIDDING PROCEDURES AND PROCUREMENT.
R-82-11b
AUTHORIZE AGREEMENT: METROPOLITAN DADE COUNTY CITY
PROVIDING COUNTYWIDE CONVENTION SERVICES
R-82-119
ACCEPT BID: 12 ELECTRIC GOLF CARTS
R-82-120
ACCEPT BID: 1500 SMALL TREES.
R-82-121
ACCEPT BID: PORTABLE BLEACHERS
R-82-122
RATIFY ACTION OF CITY MANAGER IN EMERGENCY PURCHASE
OF PORTABLE BLEACHERS (TO REPLACE BLEACHERS STOLEN).
R-82-123
ACCEPT BID: ONE GOLF COURSE MOWER.
R-82-124
ACCEPT BID: HORIZONTAL PROCESS CAMERA.
R-82-125
ACCEPT BID: POLICE CAR EQUIPMENT
R-82-126
ACCEPT BID: THREE FIRE RESCUE TELEM�ETRY RADIOS.
R-82-127
ACCEPT BID: 40 STACK TIP PLAYPIPES (NOZZLES)
R-82-128
ACCEPT BID: COMPUTER TERMINAL MAINTENANCE AND
kEPLACEMENT. a
P-82-129
ACCI.PT BID: COMBINING/ISOLATING,/FILTERING DEVICES
FoR THE CITY'S RADIO SYSTEM �
R-62-130
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AN-1191Mi'rUMPF&DA
101 NO, ' (REGULAR) SlUL7 (FEBRUARY 11, 1982)
58 GRANT EASEMENT ALONG SOUTH BAYSHORE DRIVE AND PAN
s' AMERICAN DRIVE TO SOUTHERN BELL TELEPHONE COMPANY.
59 GRANT -QUIT CLAIM DEED TO DADE•COUNTY IMPROVEMENT
PURPOSES ALONG 46TH STREET.
60 AUTHORIZE PROPER OFFICIALS OF THE CITY 'iO ACCEPT
22 WARRANTY DEEDS
61 ACCEPT COVENANT FROM METRO FOR COUNTY OWNED UTI:.ITIE$
TO BE INSTALLED AND MAINTAINED WITHIN D01:",TOWN
GOVERNMENT CENTER.
62 RESCINDING RESOLUTION 82-45 (INCORRECT LANGUAGE)
CONCERNING BID ACCEPTANCE FOR AFRICAN SQUARE
RECREATION BUILDING MODIFICATIONS.
63 ACCEPT BID: AFRICA.N SQUARE RECREATION BUILDING
MODIFICATIONS
64 ACCEPT BID: MIAMI RIVERWALK AND CITY OF MIAMI/
UNIVERSITY OF MIAMI JAMES LL KNIGHT CENTER
(LANDSCAPING) i)
65 ACCEPT BID: LATIN QUARTER PAVING PROJECT PHASE II. I
66 CONSENT AGENDA (ITEMS 81 THRU 85)
66.'_ ACCEPT CO"IPLET ED WORK-D.M.P. CORPORATION FOR
SOUTHERN DRAINAGE PROJECT E-51
66.- ACCEPT COMPLETED WORK -MET CONSTRUCTION,INC. FOR
HOSE TOWER. FIRE STATION NO. 12.
66.3 ACCEPT COMPLETED WORK. SANMAR GENERAL. CONTRACTORS
INC. ON FIRE STATION NO. 4 BID "B" (SECOND BIDDING).
66.4 ACCEPT COMPLETED WORK. WILLIAMS PAVING CO., INC. FOR
RIVERVIEW STORM SEWER PROJECT -PHASE II. I
66.5 ACCEPT COMPLETED WORK-P.N.M. CORPORATION FOR BUENA
VISTA COMMUNITY DEVELOPMENT PAVING PROJECT -
PHASE V (BID B/DRAINAGE).
67 DEFER CONSIDERATION OF RIGHTS AND PERMITS TO METRO
FOR RAPID TRANSIT_ SYSTEM PENDING APPEARANCE TO ANSWER
QUESTIONS.
1SSL'E PERMIT AND EXECUTE EASEMENTS TO MIA.°iI DACE WATER
AND SEWER AUTHORITY (VIRGINI.A KEY TO SERVE FISHER
ISLAND).
u PERSONAL APPEARANCE: PROTEST IN CONNECTION WITH T11E
DEFERMENT OF AGENDA ITEM 31.
+ DISCUSSION ITEM: OCEANOGRAPHIC FOL:NDAT:ON.
7i PERSCN.:L" APPEARANCE: ETHNIC PROBLEMS IN THE
COnlfJN I Ty.
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r'ODIWIO °� PAGE N SOLUTION NO.
R-82-131
R-82-132
R-82-133
R-82-134
R-82-135
R-82-136
R-82-137
R-82-138
f F-82-139
R-82-140
R-82-141
R-82-142
I R-82-143
R-82-144
R-82-145
DISCUSSION
DISCUSSION
DISCUSSION
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CITY'CO�NMISSI(iJ VMIAMME&DIA
(REGULAR) SMCT (FEBRUARY 11, 1982)
PERSONAL APPEARANCE: PROPOSAL TO DECLARE MARTIN
LUTHER KING JR. BIRTHDAY AND INSTRUCT CITY MANAGER
TO STUDY.
PERSONAL APPEARANCE: REQUEST FOR ASSISTANCE: STUDENT
FOR "WASHINGTON CLOSE-UP".
PERSONAL APPEARANCE: AMERICAN RADIO CLUB SEEKING
USE OF A VACANT FIRE STATION.
PERSONAL APPEARANCE: JOHN CHEEVER SEEKING USE OF
MIAMI BASEBALL STADIUM.
PERSONAL APPEARANCE: HAITIAN REFUGEE CENTER, INC.
REGARDING CONDITIONS AT KRONE AND URGE RELEASE
OF PERSONS DETAINED THEREIN.
DISCUSSION ITEM: HOME REHABILITATION PROGRAM.
DADE COUNTY AFTER SCHOOL CARE PROGRAM -SEE LATER
ITEM 82.
RATIFY, ,APPROVE AND CONFIRM: FOUR INVESTMENT
ADVISORY AGREEMENTS CITY OF MIA.";I EMPLOYEES
RETIREMENT SYSTEM.
FOR'NLALIZATION: ALLOCATE $2,500 TO COK',:ITTEE FOR
CULTURAL DECLAMATION AND ORATORICAL CONTEST.
APPOINTMENT TO OVERTOWN ADVISORY BOARD: MR. HUNT.
AMEND RESOLUTION 81-1034-REDUCING DADE COUNTY SCHOOL;
AFTER SCHOOL CARE PROGRAM.
DISCUSSION ITEM: POLICE SECURITY AROUND CITY HALL
WHEN THE CITY COMMISSION IS IN SESSION.
PAGE # 5
I NANCE OR
-SOLUTION No. I PAGE NO
M-82-146
M-82-147
DISCUSSION
DISCUSSION
R--82-148
DISCUSSION
DISCUSSION
R-82-149
R-82-150
R-82-151
R-82-152
DISCUSSION
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14 5-14
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151-15
153-15 .
154-153
155-1 51,
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159-Iou
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160-161
161-163
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIA`;!, FLORIDA
on the llth day of February , 1982, the City Commission of Miami,
Florida, met at its regular meeting place in the City Hall, 35011, i,an
American Drive, Miami, Florida in regular session.
The meeting was called to order at 9:15 O'clock A.M., by Mayor
Ferre with the following members of the Commission found to be present.
Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plursner, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
h,LSO FRESLNT WERE:
Howard V. Gary, City rlanager
George F. Knox, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered by Con-Jnissiorier Miller J. Dawkins, who
then led those present in a pledge of allegiance to the flag.
ern motion duly made and seconded by the City Commission, the minutes for
,.,eetins of November 19 and December 1981 were approved.
1. i-EFSONAL APPEARANCE: JF.NET COOPER &FGA.RDI:: G .SEVERAL A:,E".DA i =D:.S'
Manor Ferre: There was a request by Janet Cooper that she be heard out of
order because her grandmother has taken ill and she has been rushed to the
hospital and she wants to get there. She wishes to be heard out of turn
Now, the first thing that we have on the agenda is a contract between the City
and Miami Motor Cars, Inc. for a sports car race,then we have discussion of
i the criminal justice system, the Blue Ribbon Committee, Watson Island, Miami
_{ Yacht Club, the Miami Dolphins, Convention Center construction change orders,
—i policy and social service cuts for Community Development funds which is what
—� I think most people are here on. Discussion of the trash and garbage collection
i in the City of Miami, discussion of affirmative action progress report. That
takes us to 11 and Janet, I do not see you or your interest anywhere in the
morning agenda.
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Ms. Janet Cooper: Item "I", discussion of trash and garbage collection.
Mayor Ferre: You are on Item "I", discussior.... no, that's not Item "I".
Mr. Pluruner: Sure, it is.
x_,!or F..rru: Oh, I beg your pardon. Alright. How long will your statement
tc:i:a?
Ms. Cooper: Three minutes.
m.;iyor Furrc: Alright, is there anything else you want to address the Commission
� 7
M:. Jar -.et Cooper: Technicality, just a one minute statement on 13, 14, 17,
18, a brief statement for about a minute on Item 20 and Item 79.
Ma,„r Ferre: And how long will that take?
P r ^1
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Mr. Dawkins: Mr. Mayor, may I ask a question? If we are going to take these out
of order and then she is going to say what she is saying now, when I come to
the item how will I know what I'm doing?
Ms. Cooper: Commissioner Dawkins, I appreciate that, I just thought it would be
better to say something at sometime rather than nothing and have to leave. It
is an emergency and I have never asked for this favor before.
Mayor Ferre: Her grandmother has been taken ill and rushed in an ambulance to
the hospital. She wants to get to the hospital. She would normally stay here
through the day and comment along the way and out of courtesy to Janet, I think,
if it's alright with you, and I do have some objections. Does anybody have any
objections to letting her talk for 10 minutes? Alright Janet, in the interests
of time, and I apologize for being late myself, try to keep it short and you
have Qot 10 minutes.
Ms. Cooper: In discussing the Item "I" on the 9 o'clock agenda, trash & garbage
collection, this is an item that has been of great concern to me for a long time,
because it has been inadequate. It has recently improved, but I would like to
point out that it is not still as good as it should be and I would like to supply
you with some information that I do have. First of all, it has been well publi-
cized in the paper the problems with the collection and I will pass around to
you the article that I haven't had a chance to make a copy, but July 26, 1981
Herald comments in Action Line Soundoff talking about the trash that piles up
and articles in the Neighbors section from July 30, 1981 talking about the trash
piling up. An article from November 23, 1980 talking about how to decorate your
home inexpensively and there is a photograph of a man who talks about looking
for usable discards while jogging along Brickell_Avenue and how he picks up old
pieces of furniture and refinishes them and that is what he is decorating his
home with - things that are lying out on Brickell Avenue.
Mr. Carollo: Janet, are you telling me that you believe everything that the Herald
prints?
Ms. Cooper: Well, I have my own photographs, Commissioner Carollo that I have
i taken that demonstrate..
Mr. Carollo: I think t'nat would be much better.
Ms. Cooper: I willshow you those too. I will point out before I pass them that
there are photographs of cuttings from trees that completely block sidewalks.
There is all kinds of personal refuse, food, that has been lying out open in the
sidewalks, clothing, bedding - I have seen refrigerators, stoves, very dirty beds.
Mayor Ferre: You are rambling and you got 6 minutes left.
Ms. Cooper: Okay, here is a photograph of trash in front of the UTD Towers. It
is piled up from telephone pole to telephone pole surrounding a man sitting on a
bus bench. Basically you will enjoy looking at these pictures and I will also
point out that the code of the City of Miami does not allow that kind of trash
to be piled up on the street and furniture is only supposed to be placed out on
the sidewalk once a year. Going to Item 13, 14, 17 & 18, I believe that the sta-
tutes of the State of Florida require that ordinances be read on 2 separate days,
referring to 166.041 in which, at the last Commission meeting the City Attorney's
office indicated that it believed it has to follow. Regarding Item 20, making
it unlawful to fish from South Bayshore Drive, the last time this item was up be-
fore.you there were published ads in the newspaper - display type ads - so that
people would know about. You had quite a good turnout, including some boy scouts
who fished along that line.
Mr. Dawkins: The people who turned out, were they pro or con?
Ms. Cooper: They were against this. They wanted to preserve the right to fish
on a public street; that had been improved with public fur.ds.and I think that
is the right thing to do to allow people to continue fishing. I will pass this
article along which gives the name of the boy scout to give you some background,
and I will indicate that I have a problem with it being heard, since I didn't see
any display ads or any indication that this is going to come up. My last comment
is on Item 79 regarding; the program of the City Under God Day, which I believe
violates the First Amendment of the Unites States Constitution and Article I,
Section III of the Florida Constitution. I don't think that it is the business of
any government to promote religion or any particular religion or just God even
of itself because the right to believe in no God is also protected by those pro-
visions of the constitution.
1d "2 FEB 11 1982
Mr. Plummer: It doesn't deny you that right.
Ms. Cooper: Well, I don't think that public funds are supposed to be spent for
that kind of thing. Thank you very much, I am going to leave and if someone
would save those articles for me I will pick them up.
Mr. Dawkins: I will leave them in my office.
Mayor Ferre: Janet, I don't want to get into an argument with ycu; I know you are
off to see your grandmother, but let me tell you that the mint of the United States
still has prints on coins "In God We Trust" and they spend mcney doing that and
that does not mean that because it is on our money that you must believe in God,
but there is nothing wrong, and we have gone through this thing legally - as long
as we don't espouse a religion, a particular religion. Now this is not forced
on anybody - nobody has to go, but this is an opportunity that the city fathers
of this city,have traditionally found and this is not the first time we have done
this, to gather together and say, those of us who believe in God, do believe in
God and thank God and ask for the Lord's protection, that is all. Now, you know,
that is the way it is.
Ms. Cooper: Well, there have been challenges and I believe that they are headed
toward the Supreme Court on the issue of "In God We Trust" being, -)n the money,
but there is no additional funds spent, because they are going to be printing
that-.-.onev anyway. Here we are dealing with funds that would not be spent other-
.ise.
Mayor Ferre: This matter has been.... the first time we did t;,is, as I recall, J. L „
we ha,'. the A.C.L.U. to task and we had a dozen or twenty people say that it was
bad, ,rong anu all that and we have been through this, but I am sure...
I
ts. Cooper: I just wanted to express my opinion. I am not saying that you have
to f( :.o:. it, but I just wanted to get it on the record. shank you very much.
-)ee you next time, I hope.
Mayor Fevre: Okay. I hope you grandmother is better. We are now on Item "A".
• Al?ROVE WITH STIPULATIOi6: MIA: I MOTORCARS INC.
SPORTS CAR PACE
Mr. -r,ry: Mr. Mayor, Mr. Ralph Sanchez. I think he is in the audience has
requ,ste:' that he present a proposal to have a sports car race in the City of
Miami. do at this time I will turn it over to Mr. Sanchez.
Mr. Traurig: Mr. Mayor, on behalf of Mr. Sanchez who is on my right, I will intro-
duce myself. My name is Robert H. Traurig. I am an attorney at 1401 Brickell Ave-
nue and I am working with Mr. Sanchez with regards to this proposal. I think that
those who have the opportunity to read the Herald this morning, and I heard what
Mr. Carollo had to say. It was well reported in the Herald that what Mr. Sanchez
is proposing is an exciting new opportunity for the City of Miami to induce some
substantial tourist dollars during the month of February in succeeding years.
Mr. Sanchez and his associates are proposing that the city permit him to utilize
city right-of-way during a 3 day weekend and to wit the Washington's birthday
weekend next year and in future years so that he could bring the Grand Prix of
racing to Miami and that, as you know, has been extremely successful in Monaco,
Monte Carlo, Long Beach and in other places, Le Mans, being one, and we think it
will be a great opportunity for the people of Miami to have western hemisphere
tourism and people from all over the world come here who these people enjoy a
variety of activities, but particularly automobile racing. Viat we propose to
;:o i; utilize the downtown area, starting in front of the band she]!, going north
Blvd., making a loop and coming back down with a continuous log L:-
inb Li-.c race and it would require that on Saturday, Sunray & Monday of the: i,ash-
ingt:.i's birthday weekend that this right-of-way bt.: avai:aic exclusively for
t`ie _:cil_zati.on of this race and we think that that probably woulc not do as a 1::.s--
serv_ct: to the general public because it is a weekend.
Mayor Ferre: In the interest of time Bob, I think we all know what a race lack-,
like and that you have to put barriers and nets and all that. Co-1d we just trove
and ask is the City Manager has any recommendation or, this:'
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Mr. Gary: Mr. Mayor, the administration thinks this is an exciting idea, particu-
larly in view of the fact that Mr. Traugig's client has agreed to give us con-
siderable revenues, but also because of the attraction in terms of tourism. The
only thing I would like to add to that is that we would like to have the plan
reviewed by the traffic and the police department, just for safety measures, but
we are totally in support of this proposal.
_. Mayor Ferre: Would we need....and you got to make sure that we have all the pro-
per insurance you know, because sometimes....
Mr. Gary: They have agreed to provide us with all the indemity insurance that
is necessary to protect the city.
Mayor Ferre: And all the safety measures according to the standards that are
established by the Racing Association?
Mr. Gary: Yes sir.
j Mayor Ferre: They say that you have to have barriers that are 15 feet high or
10 feet high whenever there is a curb and there have to be nets and all that kind of
stuff. Spectators can't be within a certain number of feet where they are
racing. All those things have to be reviewed to make sure that they can comply
with them.
Mr. Gary: And they have agreed to give each City Commissioner a Ferrari to race
in the race.
Mr. Dawkins: When I spoke with you, you said that you would try to use the bar-
riers that they used for construction along I-95. Did they approve or disapprove
that?
Mr. Sanchez: Yea, the,: approved it and we had a study made by a local engineering
firm and it shows that a couple of rows of the Department of Transportation type
barriers far exceeds what the F.I.A., which is the international sanctioning body,
requires as far as safety.
Mr. Dawkins: That is one of the safety factors that we will have.
Mayor Ferre: Alright, is there any other questions?
i
Mr. Perez: When you meet with the City of Miami Police Department, you remember
I that I mentioned to you in the conversation that we had that I would like the
opportunity....
{
Mr. Sanchez: We wanted to yes, come to the City of Miami Police Department with
a full plan and which we intend to do right after this meeting and also we plan
to hire off -duty policemen as far as safety reasons, diversion of traffic, crowd
control, and so on, so we have the City of Miami Police Department well on our
agenda.
Mayor Ferre: Does anybody have any further questions.
Mr. Gary: Mr. Mayor, just one further point that we probably have to coordinate
our efforts with the state and federal government because Biscayne Blvd. is a
state highway, so we will do that.
Mr. Carollo: So moved, with the stipulation that all the criteria as made by
the City Manager and by other members of the Commission are met.
Mayor Ferre: So the motion as I understand it is that the Commission approve
the proposed car racing on Biscayne Blvd, with the stipulations and so on, in
principle and that you have to come back to the Commission with a finalized and
negotiated contract for final approval. Is that the sense of the motion?
Mr. Carollo: That is correct. I am sure that we won't have any problems with
approving that contract, but I think we owe a responsibility to make sure that
all the safety factors are checked out thoroughly.
Mayor Ferre: Call the roll.
_ ld 04
F E E 1 1 19 rE2
The following motion was introduced by Commissioner Carollo, who moved its
adoption:
MOTION NO. 82-81
A MOTION APPROVING A R$QUEST MADE BY MIAMI MOTOR CARS, INC.
TO STATE A RACE IN THE DOWNTOWN AREA OF MIAMI WITH THE STIPU-
LATION THAT ALL SAFETY PRDCAUTI.ONARY MEASURES BE TAKEN: FURTHER
INSTRUCTING THE CITY MANAGER TO NEGOTIATE• A TENTATIVE AGREEMENT
AND COME BACK BEFORE THE CITY CO�LMISSION FOR FINAL AP7::1:uVAL.
Upon being seconded by Commissioner Dawkins, the -,potion wa- passed and
adopted by the following vote:
at
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. DISCUSSION OF CRIMINAL JUSTICE.
Mayor Ferre; We are on Item "B", discussion of criminal-ustice system.
Mr. Manager?
Mr. Gary: Mr. Mayor, this will be discussed by City Attorney, Mr. Kncx.
Mr. Knox: Mr. Mavor and members of the Cou.nission, during; the Mayor's in-
auguration address he charged the City Attorney's office :pith a series of
tasks related to identifying ways in which the Cite of Miami cc,..id contrihutt:
to the reductio;; of crime in the city and also charge us with the organization
} of a capability' of establishing a segment of our office which deals with consu-
mer protection ratters. I have asked Mr. Robert Cervantes who is an .Assistant
i City Attorney to give you a brief update on our progress in that regard.
Mr. Cervantes: Honorable members of the Commission. My name is Robert A.
Cervantes. I am an Assistant City Attorney. I have been designated by Mr.
George Knox as the attorney responsible for compiling the memorandum to be
presented today before this commission. I am not going to go into detail as
to the contents of the memorandum. I will skim over them briefly and give
you an update as to recent developments. Under the category of the criminal
justice system, our office has conducted an in depth analysis of the various
and divergent areas contained. We have, as you know, contacted many various
civic and professional groups that have been working in the area such as the
Miami Citizens Against Crime, the Citizens Crime Commission. I have not met
with these groups within the last month, because I have been devoting my time
to the representation of personal injury suits and civil rights cases that have
been filed against the city. But I have been contacted as of recently by Mr.
Kenneth Panzer who is the attorney heading up the immigration law center, and
they have, when I contacted the various individuals working in the refuge
immigration area, they have expressed a willingness to participate in any city
sponsored symposium of conferences wherein a position paper could be developed.
As I noted, there are many legislative proposals now pending before the legis-
iaturc- in Tallahassee that are noteworthy of our efforts in terms of our support,
that is. Among two of them that I have indicated were the the one penny increase
in the sales tax to generate approximately $800,000,00G to be used to fight
crime. Two bills are pending there. House speaker Ralph Haben and Senate Presi-
dent W. D. Childers have both filed bills. The second bill is the one filed by
Dexter Lentinen which is House Bill No. 157, which would establish a statute.
caption<<: Censusing Guidelines as of. 1982. Both of these bills are presently in
hoo-;c under consideration. With regard to the lawsuit that was being con-
templateci to �e filed against the federal government in order to test the fccer-
.i1 rt*!-,pt_:;sibi lity for refugees and aliens, I have been in contact with the Coun-
ty attc,r ey's office. We had at one point contemplates filing a Joint lawsuit;
that is :i.e city and the county against the federal government for possible vio-
a t i (,n United State's code. We feel that the Artornev General's office
c=:7taiz, provisions of the United States cede by having an en masst paro-c
Cis FEB 1 1 1 �2
of the refugees that ca � in during the boat lift. tionally, there are
certain provisions t4& state that certain cl:;sse3 ox Zdividuals are not to
be admitted into the .nited States under no circumstances. We feel that we
can document that these individuals were in fact admitted in contradiction to
5
a the federal statute and at this point I have conferred as of last Friday with
a the County Attorney's office and they are taking a "wait and see" attitude to
see what the Vice-Presential committee that has been appointed is going to do
in this area. However, I feel that the city needs to have some type of lever-
age with regard to the federal government in lieu of the fact that we are fac-
ing approximately 50 to 60 million dollar cutback in refugee aid from the
federal. The City Commission also charged the department to become more active
in consumer affairs. As I have indicated in the memoraudum, this field is a
highly technical field and it requires a lot of research and technical backup.
At the present we have not been able to proceed in this area because of the
time demands on our office. With regards to the analysis of the federal
communications rules and broadcasts guidelines and possible violations by lo-
cal radio stations, we have conducted an in depth analysis of the case law and
the rules and regulations and we feel that there might be possible violations
on the part.of several broadcasters in our community. We have drafted to this
end a letter to be submitted later on this date for the Mayor's signature to be
sent to various broadcaster's that we have singled out.
Mr. Knox: Does the Commission have any questions of Mr. Cervantes?
Mayor Ferre: Mr. Cervantes, you talked about radio broadcasters. You talked
about innigration law. What is the relation between that and the criminal jus-
tice system, or is that just a broad general heading for all these subjects?
Mr. Cervantes: Well, the criminal justice system, we have done an analysis.
One of the various groups that have been working toward the same goals. How-
ever, we find that these groups are divergent. We did an analysis of the legis-
lation that has been pending. We have done an analysis of the alternatives
available to us as a city.
Mayor Ferre: I heard Your statement. I a:. asking you specifically, because I
don't understand what the radio Stations have to do with all of this.
Mr. Cervantes: Well, they came under the consumer affairs, consumer protection
category. We were charged back in November to investigate fully this area.
Mayor Ferre: Let me specifically tell you that 3 weeks ago we had almost a
serious riot on our hands because of a pretest by members of the Cuban com-
munity and confrontation that occured with the City of Miami police. 3 weeks
has gone by. The Police Department, as I am sure you are aware, have tapes
for nearly 15 hours of radio time. I personally have several copies of the
tapes where there was an incitement, in my opinion, to riot. In the case of
one specific radio station I am told; I do not have that tape, that there was
a request by the news director who was on the radio at that time at that radio
station, that some brave patriot should take a can of red paint and cast it
upon the federal building to show the community's disgust with the federal
government and the Reagan Administration betrayal. Now, I would imagine that
is a total violation of FCC rules and that it is in violation, I think of a
license, especially when it is in the mouth of the director of news of that
particular radio station. Now, during the campaign that 3 of us were involved
in, in one particular incident, the managing director and vice-president of a radio
station walked in in the middle of a debate - and this gentlemen was in the
midst of a dabate - and that general manager walked in and called the individual
who was running for public office, Demetrio Perez, a liar challanged him, went
through a process. I have requested a lawyer in Washington who is a friend of
mine and does work with the federal communications of the FCC who told me that
the minimum that that individual will get will be suspension for 100 days. Now
that occured in November sir, and we are now in February sir, and you have not
as of this moment talked to any member, or certainly you have not talked to me.
Have you talked to Demetrio Perez? And I want to know.....
Mr. Perez: No. He tried to make contact with me in the last 10 days, but in
December I tried to reach the office, but nobody could give me any information.
Mayor Ferre: I want to tell you and I want to tell Mr. Knox that I do not concur
with the Cavelier attitude of the law department in taking such a serious matter
in such a soft way. We are now in February. December and January have gone by;
it is almost 3 months, and I do not see that your activities have not brought
you very far along the road, and I don't mean to castigate you publically, but
since you have chosen and the department has chosen to bring this us in this
manner, I must tell you that I for one, and I can only speak for myself, feel that
all
F E B 1 l 19 B2
Ia
V V
your task has not been concluded and I think that a lot of time has gone by and
that this is a very important issue. Now, I realize that the 2 newspapers of
this town feel that this is a first amendment matter. 1 feel that it may or
may not be a first amendment matter. I don't know. That is for the FCC and the
courts to decide. It certainly is one in which there is irresponsible usage
of a license that is granted by the federal government which belongs to all of
us. This is not a newspaper. This is a radio station and the incitement to
riot by these people is something that is totally unacceptable, and I don't
think that we are doing too much and we almost had a serious problem dealing
with this issue. Now lest we get involved in an ethnic type of a brawl, I want
to tell you that this applicable to more than just Spanish radi.o, even though
I think there are two Spanish speaking radio stations that are main culprits
by far, but there are other English speaking stations which also indulge in
incitement to riot.
Mr. Carollo: Mr. Mayor, may I make a statement before Mr. K,�c:: gives another
excuse? Mr. Mayor, the bottom line that we have here is that we have instructed
our law department for several months new that we want this :natter checked into.
I guess they are not hearing us. George, while the charter stip,,l.ates clearly
that we cannot interfere with the City Manager, we could certainly interfere with
the City Attorney, because you come directly under us, and in any event, I for
one do not want to see this individual here, as an em^lu�ee of ours do anything
else, until he speaks to every member of this Commission and takes care of that
matter. I want to have to wait another s months before he gets up and gives me
a prepared statement that really is not telling me anything or is not doing
anything; about it. Furthermore, the bottom line of this whole thin, is the
following George, that, power is something that should be used to get and to do
justice with. But when someone uses power to do wrong and to try to use that
power for a personal gain, like in the case of this particular radio station,
that is when elected officials like ourselves have every right, but even more
than that, a responsibility to stop and make sure that that radio station goes
back: to doing justice and doing right. Now some of the examples the Mayor gave
are just a handful. There are many more, and sir, I hope you calked to City
AttcIrnev, and 1. hope the City Attorney instructs you to do what we have in-
stru�ztec him that we want done.
Mr. Knox. Thank you. It would be inapprupriate to give either reason.
Mayor Fc-rre: Let us see if an,: other me::,Ger o: t:;e Co:'mitslon }IaS. .wCli be-
tor.-- the City Attorney makes a statement or answers, 1 think we ougiht to open
it up for any questions on the rL'port made by Mr. Cervantes by any member of
l the Commission.
Mr. Plummer: Mr. Mayor, my statement is on lack of something in the report and
that is what I wanted to address, so that is why I said let Mr. Knox, if he is
going to address that which you and Mr. Carollo have just said.
Mr. Knox: It would not be appropriate to either give reasons or excuses. I can
just let you know that our department will be less cavalier in the very near
future in addra::,sing that.
Mr. Dawkins: What charge was given to your department?
Mr. Kno::: There were 3 charges given. 1 was to examine the criminal justice
system and to take the lead in developing methods whereby the City of Miami
could help in the reduction of crime.. The 2nd charge was to mobilize our staff
in order to create a consumer advocate division within our office and the 3rd
charge was to investigate matters relating to transmission of allegedly in-
fla:::atory information which occured during the campaign and to explore methods
whereby this matter could come to the attention of the Federal Communications
Com.:.issfon.
Mayer Fcrre: George, let me just expand a little bit on this. 1 think wh.t
really brought this matter more to a head and what concerns me so much is the
way those - and I am talking about just 2 Spanish speaking; radio stations -
ran�icd themselves during the recent disturbance that almost became a major
riot. ':'hose radio stations were, in my opinion, egging o., then demonstrators
towsr,, violence. I think that it is, besices not being acceptable, it is a
demo:atration to me of the lack of understanding of the directors of these
radio stations of what they have as a license from the federal government.
They are not to use the air waves of the United States, since they have a license
to use, for the purpose of inciting riots and I think that it becomes now r:.,.ch
.07 Ft6 1 i '1912
more than just a matter dealing with the rights of individuals running for
public office or otherwise and the fairness doctrine problem. Now it gets
into the question of the physical well being of life and limb and property
of members and citizens of this country and members of this community. Now,
other aspect of it, which deals with the criminal justice system, the legis-
lature is in the middle of involving themselves in hopefully in issues deal-
ing with the criminal justice system. We have a lobbyist. We are paying a
lot of money to that lobbyist to lobby for us. Now, I mentioned, for exam-
ple during that discussion, as you may remember, one issue and that is
Congressman Biagia, who is from New York, I think. Iie is a republi-
can congressman from New York City who used to be a police officer. He
brought up legislation in congress about the usage of a vest, for example,
and classifying it as a crime for an individual to be involved in criminal
action, like any part l offense and caught with a vest. Now the reason
for that is, that the police officers of New York City are finding that
professional crooks and robbers and muggers and what have you are finding
it more and more to the point that they can escape detection by the police
department if they wear these bullet proof vests and then they shoot at police
officers and what they are in effect doing is risking the lives of police of-
ficers. Now, for example, has any legislation been prepared by the City At-
torney's office as requested, to see if we can sponsor through the legislature
that type of legislative remedy that might be useful to our police department
in strengthening their hands. Now, that just happens to be one small detail.
Now, we had a session that lasted all day on Saturday two weeks ago in the
Omni Hotel where supposedly the leadership of this community - and I think it
was the leadership - everybody here on the Commission was invited and the
County Commission and the Legislature and the business community and all
the police officers and judges and prosecuting attorneys and so on were all
there. There must have been 300, 400 people in that room all day talking
about issues that affect the City of Miami and how we can coordinate these
efforts. Now, there are a lot of things that is being coordinated by that
group. I think it is called Miami Against Crime, yes the one that Alva Chap-
man is chairperson of and thank God they are in business, because they are
doing a wonderful job. But that does not relieve us of our responsibility
of also participating bilaterally, multi -laterally and unilaterally in the
process of changing the laws that may be affecting it. Now I that the Po-
lice Chief is accurate in that sense. But 1 also think that the City of
Miami Commission should be sponsoring to the Daee League of Cities, the
Florida League of Cities legislation that is pertinent to the solving of the
issues which affects every citizen of Miami, be they Black or White, Anglo
or Hispanic, old or young. The fact is, even today in February, even though
we feel that there is a reduction in crime, crime is our No. 1 problem, and
I certainly think that the request that was made of the law department was
a serious attempt for this Commission to get itself involved in the process
of changing state laws in ways that are effective. Now, that doesn't mean
that our prime responsibility is not dealing with our own law, which it is,
but it does mean that we must get involved in every aspect of this, be it
state, national or county wide.
Mr. Dawkins: Mr. Mayor, I would like to get a clarification from the City
Attorney because I am a little confuted now. When the charge was given to
you, Mr. Knox, to investigate the radio station, was it not given to you
in line that during the election, that certain unethical things were done
and it was not ... or wasn't it prior to the disturbance that we had last
week; am I right on that?
Mr. Knox: Yes sir. Specific examples of specific incidents related to situ-
ations that occurred during the campaign.
Mr. Dawkins: Okay, well I would like for the record to note that this he was
asked for, so now, if we are going to add another charge, I don't mind it, but
I don't want the City Attorney's office raked over the coals and say that they
are not producing material that they were not asked for.
Mayor Ferre: Commissioner Dawkins, I am sorry that you made an issue and now..
Mr. Dawkins: I have a right to make an issue if I desire!
Mayor Ferre: You absolutely do and now I have a right to answer you and I am
going to answer you this way. What is involved here is a major issue in this
community. Now, the fact that it happens once, twice or a hundred times is
incidential. The only thing that the disturbance and the way the radio sta-
tions handled themselves during that disturbance indicates that these radio
stations have absolutely no fear, could care less about what the opinion of the
08 F E B 11 1982
public of the elected officials of this city are. They could care less. Now,
it is true that at one time I met with Mr. Knox, the Manager and an attorney
for one of these radio stations and it was my intention, a:,d it is my intention
to take this matter to the CRB for an open community discussion, which I think
is much needed. That in no way however, meant or means that this report was
not to be concluded, especially since a month ago we had these serious distur-
bances which furthered the intensity of the problem. It is a serious problem
in this community. These people are abusing their license amd they are utili-
zing it as a political vehicle. I know that their arbitron ratings have be-
come a major issue for them because that is their livelihood, but to gain arbi-
tron standings, they are now utilizing the emotional health of this community and
using the air waves to exaggerate the situation and create havoc, create disrup-
tion, create division, create polarization and create all of Pandora's box of
antis that you can imagine. Now I think that it is time for somebody in this
community to stand up to these radio stations and say enough is enough. Now,
for a while, and this is why I was a little bit dormant on this, I did not want
it to be interpreted as a political issue. The campaign is now over, and the
fact is that they were involved in the disturbance process that almost ended in
a riot. Now, I want it to be very clear so that I am not -misunderstood and I
am sure I will get a lawsuit on this, and I want to make sure that my statement
is clearly understood. I think that the disturbance that happened in the early
afternoon was a natural thing. It was not staged; I don't think that there was
any premeditated effort on the part of anybody to create a disturbance. I do
think that the evening disturbance, where there were close to 10,000 people,
that that was organized, that there was a plan to it, that there were forces
working within the community and I am sure that this will all come out during
these hearings, and I submit to you that these radio stations, at least one
of them, was well aware of what that plan was, was utilizing the air waves to
create an emotionalism to bring people out of their homes onto the streets
to b, a part of what could have been a serious riot.
Mr. Dawkins: Mr. Mayor, may I correct you? Let me say ont2 thing. 1 am in
complete accord with you. I agree with you that the radios should not be used
to dk these things. The only thing I. am saying is, I want it in the record
that the charge that was given to the City Attorney did no: inch -de the dis-
turb.:nce because it had not occurred, that is all 1 an, say nk. l am in com-
plete accord with you, that they have bean abusir;t; their I agree w::h
YOU. But 1 do not want the City Attorney appear. ..I mt•Jn say_ ir.y, that he was
lackadaisical about something that happened post t;:e ci:argc.
;Mayor Ferre: Miller, look, I appreciate your interest and mine also in being
supportive of the City Attorney. I am supportive of the City Attorney, but I
differ from you in the sense that the charge was inclusive of any and all mis-
use of the......
Mr. Dawkins: How in the hell can he examine something that happened after
the charge, man?
Mayor Ferre: Because, sir, after the disturbance, I specifically told Mr.
Cervantes, right here .. that gentlemen standing right there in the back of
the room right there by that door...I told Mr. Cervantes "Mr. Cervantes, have
you been to my office to talk to me about my recollection of these disturbances
and t;,ese things?" Mr. Cervantes said to me "No sir, I have not, but I will."
I sa-.,: "have you gone to see Commissioner Demetrio Perez?" He said "No sir,
1 haven't, but I will." Three weeks have gone by, and to the best of my
:;now�ea;,e, he has not seen Demetrio Perez and he came to my office one time
about 2 mont,s ago, in January, and I told him at that time that I expected
for him :o pursue this matter in detail. Now, I further told City Attorney
Knox du:�ng this time and he said "Well I am somewhat confused as to exactly
what it is that we are to do" and my answer to him at that time was "Certain-
ly it is not to get the regulations of the FCC, because that we don't need an
to do. That we can do by just calling up and having then; mail it to
what Mr. Cervantes was to do, was specifically get into the issue
of t-« ci.f i,: violations of the FCC regulations by one or mor` of the sta-
t �-.,n--, . ;i tit could specify. Now that is all inclusive; I don't care whether
p. ..-d z, mint-h ago, a year ago; it happens tomorrow or it happened yes-
Whatev,-r it is that these- people are violating, that is your dJil to
Dr ... t our at: untion. Now what we do t:...:, wa: :;h. r wt' d_ t .is :.nai-
�...'.. i _'r w.ie_ner we do Lhis as a city gc.-.''err.m,nL is so:.ctnin_� that th:_s
Comm_ » .(,n w:il. have to decide.
Mr. C:_ro:Io: Mr. Mayor, the bottom line agair. i:, that we the C.:
Art, ::e.. to che..k into FCC violations from a par:icular r:uio _ .iu::. ^:ant::s
have by; it has not been done. I an r.ot going tc
-l�1, r
which I have never m uitil now before. I am going' blame his boss, George
Knox. And George, 110n think that we can cone to an end with this discussion
here today. I just hope that before the week is over, this individual is as-
signed fully to investigate this and get some answers.
Mayor Ferre: I think one of the problems, Mr. Knox is that you may be under-
staffed and this is the basic issue that I think you have been trying to bring
out.
Mr. Knox: We will get to that recommendation hopefully.
Mayor Ferre: That is not this item?
Mr. Knox: Yes sir. And one of the things that I wanted to point out was that
there was out of necessity, I mean because of our own personnel situation, a
sort of a broad brush approach given to that, which would lead to the point
where we are now, and that is that we recognize that there is a necessity in
order for us -to vigorously carry out all of these programs which are directly
related to consumer protection or protection of the citizens of the City of
Miami, and we would request that the City Commission authorize us to fill a
position that we had left vacant during the budgetary processs for the purpose
of devoting full time to No. 1 and highest priority, the FCC matter and secon-
darily to the immigration and criminal justice matter.
Mr. Carollo: George, if I may, I would like to include one other that I be-
lieve since Maurice has spoken to you on already and Mr. Manager, I would like
to have this item, the first item on the agenda for the next meeting. I think
as some of us have been aware of lately, there has been on the market for quite
some time now a new steel piercing bullet called a KTW. This bullet, what it
does is make the bulletproof vest that our police officers wear obsolete. They
would go through 3 and 4 bulletproof vests. They won't be able to stop it.
Mr. City Attorney what I would like for you to do is to research the law and
come up with an appropriate ordinance so that this type of bullet will be out-
lawed from the City of Miami, that no gun shop within the City of Miami boun-
daries can sell it and no one, outside of law enforcement personnel can have
possession of that type of bullet. It is a very, very dangerous type of bullet.
It should not be in possession of anyone except law enforcement officers and
the military. At the same time, when you come back with this ordinance, I would
like for you to be ready to go the minute that we approve this ordinance, copies
will be sent to Tallahassee, to see if the State Legislature can approve it on
a state-wide basis. But in the meantime, send copies to every single county in
the State of Florida so we can lobby ir. each of those counties for this type
of ordinance to be approved to be approved there also.
Mr. Dawkins: Mr. Carollo, may I piggyback on your suggestion. I too would like
for us or someone, Mr. Manager, in your area to get together with Broward, Palm
Beach and Monroe Counties in that if we outlaw it only here in Dade County, there
is nothing to prevent the individual who wants it from driving to Broward County
to purchase it.
Mr. Plummer: Statewide is best.
Mr. Perez: Mr. Mayor, I would like to hear of stronger support from the City
Attorney's office on crime issues. I think that we have to take a position of
leadership in different issues. I think that one of the main problems
affecting our fight against crime is the need for more jails. I would like to pro-
pose that we assert a strong position urging the proper authorities to build
more jails. I think we need to have stronger position in important issues of
this type and we need the support of the legal department. For example, I don't
think that it is a part of what we are discussing at this time, but we have peo-
ple here from different communities programs and I think that it is time to
try to address a resolution urging the administration to try to incorporate and
to understand the problems for our people in the City of Miami. We have a lot of
social problems, but this time we need the full support of the legal department
of the City of Miami to try to understand the needs of our low income people in
the City of Miami.
Mayor Ferre: I will tell you, I think out of trying to make a semblance of
continuity here, what we ought to really do is, I think the request of the City
Attorney is the issue really before us now, and then after that, then we can
get into some of these issues that relate to crime aspects of it. Now, the
specific request, Mr. Attorney was what - that you be authorized to hire an ad-
ditional attorney. Is there a budget requirement on that?
Mr. Knox:: Yes sir.
10
FEB 11 1982
Mayor Ferrel How much is that, sir?
Mr. Knox: lip to $35,000.
Mayor Ferre: Alright. Will somebody then make that motion? Is there a
second? Is there further discussion on the motion'? This is authorizing the
City Attorney to hire an additional lawyer and for the budgetary requirements
up to $35,000, and that includes salary and whatever else.
Mr. Carollo: Is there a motion now?
Mayor. Ferre: Yes, that has been moved. Further discussio:, on that motion?
Alright, call the roll.
aThe following motion was introduced by Commissioner Dnwkins, who moved its
adoption:
MOTION NO. 82--82
A MOTION AUTHORIZING TIME CITY ATTOKNEI TO HIRE A.\ .ADDITIONAL
ASSISTANT CITY ATTORNEY AND DIRECTING 111E CITY `u%INAGER TO
ALLOCATE A SUM NOT TO EXCEED $35,000 FOR THIS PURPOSE.
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES. Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre.
NOES: None.
_ Mayor Ferre: "here have been two speciistatements made- I would hope
that we do not need to put these into motion and one was Comir.issionor Carollo's
request in reference to that KTI,' te`lon bullet and Commissioner Dawkins's re-
quest that it be extended hopefully bevend 'Jade County to Brow,,r3 County too
and that we do some lobbying work on that with the respective Count-; Co^Lis>.on�r,
Air. Carollo: Mr. Mayor, what I am trying to accomplisi: is for the City of Miami
to take the first step and outlaw this tyre of bullet in the state and follow
it up, not only through the legislature, but every single county in the state.
Mayor Ferre: I think that this is of sufficient importance, Co:-nissioner Car-
ro.lo, that you ought to put that in the form of a resolution that it is the
intent of this Commission., as soon as possible on an emergency basis to outlaw
the use of that bullet and specifically through the Dade County Commission,
Broward County Commission, the State Legislature and we lobby through the League
of Cities, both Dade County and Florida and through our lobbyists in Tallahassee,
so :*nat this becomes a county, multi -county and state-wide law.
Mr. Carollo. That is the full intent of the motion, Mr. Mayor. So moved.
Mat•cr Ferre: Further discussion on that.
Mr. Plummer. Mayor, under discussion, if you can prepare that law, the Florida
..eLLz1-0 will be Meeting on March loth. I hope to be in attendance for that meet -
in,, and I will carry forth the message of this Commission to that body on that
date.
fir. C.- 11,1 That will be great, Mr. Mayor. Hopefully, way before that this
Co.-.riis :,ion could meet and approve that ordinance.
Max,or Terre: Well I would hope that perhaps by late this afternoon, the City
Attorney would have somebody draft it as a ordinance, so that we might he le to
pas.. ir. I think it is important also taut Ray Sittig be celled as soon L_ we
have i t .
Mr. Dawkins: Mr. Mayor, may 1 ask a question of the Cite Attorney. We
oki--yvd a position for the Law Department. May I have an ethnic breakdown a:
the attorneys in your office?
�.1 FEB j 196
Mayor Ferre: Excuse me. Wait a minute. I will recognize you in 10 seconds
flat to do that, but we have a motion on the floor and it has nothing to do
with that and we have to vote on it. Under discussion, is there anything else
on the motion that is before us now? Call the roll.
THEREUPON THE FOREGOING MOTION, duly introduced by Commissioner
Carollo and seconded byCommissioner Dawkins 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
(LATER FORMALIZED INTO EMERGENCY ORDINANCE 9371 AND RESOLUTION 82-99)
Mayor Ferre: Alright, Commissioner Dawkins has the floor.
Mr. Dawkins: What is the ethnic breakdown on the lawyers that you have.
Mr. Knox: There are 6 white males, 3 black males, 1 white female, 1 Cuban
females and 1 Puerto Rican male.
Mr. Dawkins: I would hope, and I cannot, as a Commissioner give you any direc-
tions, but I would hope that as you select the replacement, that it be a Latin
to sort of bring your firm in kind of compliance with the ethnic makeup of this
city, and to you Mr. Howard Gary, I have another message for you also. You have
how many assistant city managers?
Mr. Gary: I have 4 assistant city managers.
Mr. Dawkins: How many of them are Black?
Mr. Gary: I have 3 Anglos and 1 Latin - no Blacks. And I can't give you any
direction, but I sincerely hope that you would take under consideration trying
to find a black city manager. Thank you.
Mayor Ferre. We eventually need to get in, and it is not right now, because that
will be coming up in our agenda in a little while, but Mr. Manager I asked 2 days
ago for Bob Krause to address the issue of a story that was totally, in my opinion,
not a misrepresentation, because that is not an accurate word, but not a complete
picture about city hiring practices with regards to minorities and women, so we
will be dealing with that issue in a little while. I would hope Mr. Krause would
be available when it comes up.
4. SUPPORT GOVERNOR'S PROPOSAL FOR ADDITIONAL SALES TAX AND
DISTRIBUTIOii FORMULA BASED ON POPULATION ETC.
Mayor Ferre: Now, Mr. Manager and members of the Commission, there is an issue
which I think this might be the appropriate time to discuss with regards to
Commissioner Perez's statement about the city being involved in the leadership
role on the general crime issue and specifically with regards to prisons. Now,
the Governor of the State of Florida has recommended that a half cent sales tax
be passed. In that formula he specifically addresses the issue of additional
beds in prison, and in that formula he also has a breakdown on what the city of
Miami would get. I have here a letter from Linda McMullen, close, but I don't
think any relation. Linda McMullen is legislative counsel to office of the
Governor and this letter was received yesterday. It is an overview which I
will have copies given to members of the Commission of what the City of Miami
would have as a revenue source. Also, there is an analysis of Senate Bill #552
of Senator Stewart, which is the League of Citys' formula that Senate Bill #522
calls for, and I will read from what she says specifically. "As you can see,
per capita collections do not correspond to per capita expenditures in the urban
areas. It is also apparent that several of the rural counties expend more than
they collect. There are currently many solutions being offered to the legislature
to the problems facing local government. The Governor is concerned that too many
solutions will result, and no action being taken at all in this critical year."
.1.2 FEB 11 1982
Mayor Ferre: (con't) 9ha local option element assur ontrol by county
and city government over he future availability of sas tax revenues. The
state-wide sales tax concept would require distribution by the legislature
in a year when agreements are hard to come by. In addition, local governments
would have to participate in the state's budgetary process ever, more than at
present. The governor's proposal considers county -wide, county unincorporated
areas and city needs for revenue. 300". of the total county 1/2 cent tax would be
used in that field for jail and detention facilities, construction and operation.
Any displacement of current expenditures will allow the county to use displaced
revenues for over the county -wide services for property tax reli.tf. These funds
may ne +;sod for bonding programs. The other 70% will be distributed to the
cou:,cy government and to the cities within the county. Each Tare will be based
on populatioc. I believe that a formula concept such as this will provide equity
and �-_ilow expended passage and implementation. There is consicurable local govern-
ment control over the priority use of the sales tax dollars. T,e state will not
be involved in county and city decisions regarding the use of these funds outside
jail and detention needs. Revenues can best be used, including tax dollars for-
merly used for jail and detention facilities for property tax relief or other
priority services needed." Now, the reason I bring all of this up at this time,
is because, and there are 2 issues that I want to stress. One is that under the
Lea�_..e of Cities formula, J. L., the City of Miami would receive substantially
less ;:Toney, even though it is a 1 cent tax. than in the Governor's formula of 1/2
cent with the local options. Now, that is unbelievable, but true. We are talk-
ing in figures that would amount to the City of Miami in a;nounts that might be
close to $10,000,000 a year, in the Governor's 1/2 cenL formula. These are very
substanti.ai numbers for a city whose operating budget is 5130,000,000. I think
it it, essential; I think it is of grave importance that the legislature is hear-
ing testimony yesterday and today in committees on this issue - that No. 1, we
support the concept of local options and No. 2, that we support the distribution
that the Governor is recommending and No. 3, that we support, as we have in the
past before, formerly on this Commission, a 1 cent sales tax rather than a 1/2
cent sales tax. Now, let me explain each on_ of those issues briefly. ine City
of 'Ni,:mi and Dade County collect 20"', Miller, of the sales taxes that the State of
Florida collects. In other words, 20% of the sales tax is collected here in Dade
Count:. Yet, we receive only 12% of the distribution of funds.
Mr. is%ricins: That means 30 comes from tine other 66 cour.:.ies.
Mayer Ferre: Vhat it means is that we don't get back w:,at we collect. If w,
collect, just for argument...
Mr. i'lur.:per: That is true in every tax.
Mayor Ferre: It is true of every state tax. In other words, let me put it in
simple language. If we collect $100,000,000, okay? Instead of getting back
$100,000,000, we end up getting $60,000,000. and therefore $40,000,000 goes to
other counties in the state, of our money. Not our money, but monies.collected
in our county. Now, under the Governor's formula, we end up, since it is a lo-
cal option, the taxes that we collect, for that 1/2 cent remain in the county
that i-� is collected, okay, which means that we don't send it to Tallahassee.
Now that means that in the League of Cities recommendation, some small city in
dolmes County, I foget the name of it - what is the name of the city in Holmes
County, does anybody know anything about Holmes County? - some city in Holmes
County, would get $1,000,000 under the League of City's formula and under tL:e
Governor's formula, they would get $19,000. Now, notice the difference of al-
most 51,000,000 between 1 recommended procedure and the other. It is obviously
_ because of the formula of the local option, so I would recotrsaer:d again, and I
woul�, as a matter of fact, do it in a way - I don't know where Joe Carollc is,
but I guess J. L. I will pass the gave! to you - and I would like to move the
following: No. 1, that the City of Miami support the Governor on the following
2 premises. No. 1, that his distribution formula be accepted and recommended.
In other words, just as he has outlined for the building of additional prisons
and tntr distribution of monies between the city and the count:: on a population
basis, which is the key to it. No. 2, that the local option is what the City of
Mia`.:1: 1.a:,t , regardless of what formula is used. If NO. 1 doesn't go into ef-
lect, tt,at whatever it is, local option. Those are the two th:_ngs that we woula
lik,• to sponsor and secondly, that we would request that the Governor move his
requ(.tir to the legislature from 1/2 cent to 1 cent.
Mr. Plummer: is there a second to the motion? Second by Conunissioner Perez.
is ther,- discussion? Mr. Mayor, let me only discuss if I may just a few aspects,
and I think we have to keep it in mind and you are very well, unfortunately in—
forf.-,.e: as I am about sectionalism as it comes to the State of Florida. I Lhink
the te: concern to the Florida League of Cities is in fact to get it passes -
to 4L't that option passed. If you can't get it passed, then hot, are you g0lr.g
to :.; lit it up. It will never come intoa discussion. In par:icular, I a:-.
L;',1)GC Dude County. It has bc•,':: said that MUZrCp01itan D6te Cosriry
13 FEB i 1 IJ32
Mr. Plummer: (con't) and they have, I want you to understand tremendous
lobbying efforts, so much so that Metropolitan Dade County even provides
an office and staff at county expense for the Dade Delegation. That is more
than lobbying. They are in Tallahassee trying to demonstrate that they need
every penny of that money, if it is passed, for the local option, stating
many reasons, such as rapid transit, and the need for subsidy, for the crime
situation and that their needs far exceed that of the City of Miami. I think
your concern also has to be in this little city in Holmes County, whatever
its name might be. I am sure they have a legislator from that particular
county who is going to be fighting for their right and their causes. I think
the most important thing to remember is that the position the Florida League
basically has taken is to get it passed, because we don't get it passed, there
will be nothing to cut up or to fight about, so I hope that will be kept in
mind. I too, as you have outlined, like the proposal of the Governor. I
think it is a fair and equal distribution, but I think there is going to have
to be a lot of give and take before this thing comes down. There are legis-
lators who are up there who are saying that anywhere from SO to 80% of this,
if it is passed, has to go for education. Who can argue with education? There
are legislators up there who are making comments that 50% of it has to go for
home relief ad valorem tax. Who can argue with that? These are all of the
things that have to be entered into the hopper in keeping these decisions.
It was the decision of the Florida League. There will be nothing to argue about
if we don't get it passed. So Mr. Mayor, I just wanted to make those comments
into the record. Is there any further discussion?
Mayor Ferre: J. L., I just want to add 2 thoughts to all of that. What you
say is true. The situation however is, that there must be leadership somewhere
in this state and the Governor is the highest elected official. Now, there is
a lot of things about the Governor's proposal that I would have done differently,
but he is the Governor and I think we either support him or don't support him,
and the sense of my motion here is to say "Governor, we support you", and the
only thing that we would like is for you to have a little bit more boldness
about this and go up to 1 cen= rather than 1/2 cent, because our problems are
so severe, and the second thing I want to say is this. Many times, as a legis-
lator or as a City Commissioner I have come to the conclusion on something that
it is better not to have it at all than to have a little bit of it. because if
this were to pass along; the League of Cities' recommendation, in my opinion it
would be a total travesty on the taxpapers of the City of Miami, and therefore
I think I would much rather have nothing and keep the pressure up on state
govermmient, including the Governor and our own Dade Delegation to do a better
job of fighting for the things that are needed, and what the sense of my motion
very clearly is, is League of Cities, we do not agree with you. We are against
what you are doing. You have a 'no confidence' vote from the City of Miami and
this is your instructions on the Board of Directors and the instructions of
whoever is going to be the voting member of the City of Miami at the Florida
League of Cities that we do not concur with their legislative package on this
issue. We are against it because it is not in the best interest of the people
of Miami and we would rather hold out and get nothing thF- to get what they are
proposing because that would be a continuation of pork chopism that we have...
it is unbelievable. I got elected to the legislature in 1967 and it was just
after reapportionment and we were all ecstatic. That was the end of pork chopism
and here we are in '82 and rural Florida still dominates. Unbelievable, but there
it is. And we don't get from Tallahassee anywhere near our fair shake in roads
and all the monies and all we are saying is "Governor, what you are doing we sup-
port you. Be a little bit bolder, League of Cities we don't support you. We are
in disagreement with your pork chop approach to this issue". That is all the
sense of this motion says.
Mr. Plummer: Further discussion? Hearing none, call the roll.
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 82-84
A MOTION OF THE CITY COMMISSION FULLY SUPPORTING THE STATE OF
FLGhIDA GOVERNOR'S PROPOSAL TO THE LEGISLATURE IN CONNECTION
WITH AN ADDITIO.::,L SALES TAX BASED ON THE FOLLOWING PREMISES:
i) THAT THE DISTRIBUTION FORMULA AS RECOMMENDED BY THE GOVER-
NOR BE ACCEPTED, TO WIT, THE BUILDING OF ADDITIONAL PRISONS,
AND A DISTRIBUTION OF MONIES BETWEEN COUNTY AND CITY WHICH
WOULD BE ALLOCATED ON THE BASIS OF POPULATION;
THAT THE CITY OF MIAMI STRONGLY FAVORS THE GOVERNOR'S PRO-
POSAL OF THE LOCAL OPTION, REGARDLESS OF WHAT FORMULA IS
USED;
.14 V t-8 1982
3) THAT TEE GOVERNOR AlIEN7D HIS REQUEST OF THE LEGISLATURE TO
ENCOMPASS A FULL ONE CENT ($0.01) SALES TAX RATHER THAN
THE PRESENT REQUEST FOR A HALF A CENT ($0.00 5).
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor Joe Carollo
5(a) BIRIEF DISCUSSION: A REQUEST THAT ALI_ ,ADIO STATION TAPES
IN CONNECTION kITIl JANXARl 16T;i INCIDi:ST BE H..%`:DED Dc".:N TO
BILE RIBBON C01%1MITTEE.
Mr. Plummer: Mr. Mayor, before you get off the issue, I would ask to speak
and I would like to do so at this time and maybe try to make it as brief as
possi:)le. I listened very intently to your comments, Mr. Mayor about the
radio stations and in your mind the problems that they created and caused
during this most recent demonstration. It would be my hope and desire that
any and all tapes that you might have in your possession or an.; other member
of this Commission might have that they definitely, without fail, produce
those tapes for this Blue Ribbon Committee, because I think that is just as
important to understand the total thinking that took ,-lace, as it is for them
to demand, and I understand have already received, the tapes of the police
radices that. took place during; that particular d;� , so I would hope that th
cor.'mittee, through this Commission wii l be look' 9 to f 0Y a;,�Wk swill Itavc a
total input and from the comanents that you have MaGe _Ire Vcr` 10li51)' im-
portant input into that is what has been create.: by that you have
hac: the opportunity to listen to.
Mayor Ferre: J. L., I will be happy to do that. I happen to have a tape of
one radio station of about 2 or 3 hours, and as I drive around in my car, 1
hear them in segments and there is no question in my mind, listening to the
measured cadence of that tape, that the man who is directing that program
very consciously was inciting people to motions to come out and support the
Cuban patriots against oppression and it was almost like Ravel's Bolero, the
thing just kept on going up and up and up in emotionalism. Now, I want to
repeat to you that when I first heard about this - somebody told me - I re-
quested that the Police Department make copies of the commentary, do the
Police Department has about a dozen hours of each one of the Spanish radio
stations, so that is all available, not through me, the Police Department has
t:,at.
Mayor, I can tell you for a fact, because I heard it with my own
e-rs, that at the very inception of this demonstration, over the police radio
t:.e_, k an immediate request by Z think the chief, if not one of the others,
t1 .. be : ar;e very much aware that this kinc of con '.'e r sat io:.� were
o' _r _-e radio and they requested art izzediaze tapi.._ tno=e proprarrs, o�-
cause this was all part of their thinking, so I woula hope t:,at those would
beer,:«. available.
C.i ?E•'i I1'1ON GOVERNOR FOR REP&ESE::TATIOY OF C:O:I TASK
FORCE FOR CO?a'IITTFE ON CRIM..E.
Mr. Plummer: Mr. Mayor, the second point that I have, briefly touches on
everytninv that has been said here today. I have a concern. The Governo_
has a committee, a task force, if you may, to a6dress the problems
G in this community. As you in ::icate-d before, we were all invited to
t.ar, I ::t a e in a meeting held at the C-., i on this particular subject. Mayor,
i-: that no r.lect,?d officia_' .': this CommhLs beer.
the Metro Loma.iasi n - one Metro Coimmis:.iJner wa_ appL%in:CC - LC
FEb 1 i9b
Mayor Ferre: By whom
Mr. Plummer: By the Governor, this week. And I am concerned, that here we are,
the City of Miami, who in the media and everywhere else, everything is reported
with a dateline of Miami.
Mr. Carollo: You are right, J. L.
Mr. Plummer: But we do not have direct input to that committee. There is a big
difference, in my estimation between being an invited guest and to be in there
for direct input. I would hope that this Commission would immediately petition
the Governor that we feel so strongly on this issue that we ask for direct member-
ship on that task force as he afforded to another elected official in this com-
munity. I will so move that in the form of a motion.
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. 82-85
A MOTION STRONGLY URGING THE GOVERNOR OF THE STATE OF FLORIDA TO
Ir1NiEDIATELY APPOINT A REPRESENTATIVE FROM THE CITY OF MIAMI TO
THE TASK FORCE COMMITTEE RECENTLY NAMED BY HI�i IN CONNECTION WITH
PROBLEMS OF CRIME AFFECTING THE GREATER MIAMI AREA.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor. Maurice A. Ferre.
NOES: None.
AFTER ROLL CALL:
Mr. Carollo: J. L., lct me say this. I strongly agree with what you are say-
ing. The only reason that I didn't mention it before you did was because I
was hoping that the mail had been late, and that they were going to extend to
us the same courtesy, but it seeing that is not the case, I think you are ab-
solutely right in the motion that you made.
Mr. Plummer: Joe, I didn't bring it up, even though I felt strongly about it,
until I saw that in fact some other elected official of this area had been
named, and that is why I felt that we should be involved.
Mayor Ferre: Mr. Manager, now that motion.has passed and the previous motion,
I think it is important that you tomorrow, Froday, personally get on the phone
and call the executive aide of th Governor and make sure that the Governor is
aware that the City of Miami (1) has backed his position and (2) is concerned
about his, I am sure inadvertent slight in what we don't consider for political
reasons, but because we think it is important that we participate - that we,
representing the City of Miami, somebody on this Commission participate in that
process.
6. RESOURCE REQUIREMENTS - BLUE RIBBON COMMITTEE TO STUDY CAUSES
A14D EFFECTS OF RECENT DEMONSTRATIONS.
Mayor Ferre: Now we are on this Blue Ribbon Committee issue. Mr. Manager?
Mr. Gary: Mr. Mayor, the Blue Ribbon Committee during one of its initial delib-
erations requested that certain resources be provided to it. Of those, it in-
cludes a professional translator, independent attorney, stenographic service
as well as budget for those items as well as other things. Mr. Milian, the
16 FEB 11 1982
chairman of the commife( called me yesterday and saio`hat the Blue Ribbon
Committee was not prepared to present a budget at this Lime, and that I
would withdraw this item. However, I informed him that, I think the beat
approach to take would be to request to the City Commission at this time, a
temporary appropriation of up to $10,000 to cover expenses until the time
that they can develop a budget, for the mere fact that we have begun to
hire outside professional translators and we have gotten outside stenographic
services and we are current incdrring some costs and I neec sortie authorization
to incur those costs.
Mayor Ferre: Alright. Discussion.
Mr. Dawkins: Mr. Mayor, in view of the fact that the Bar Association made avail-
able to the Haitians its entire body, I would hope that they would see this also
as a community problem and that either the Dade County Bar, or the Latin Bar, or
the Black Bar would lend us some assistance by providing legal assistance to this
group, or by providing their transcribers to take notes. 1 for one, because
this body does not have subpoena powers, and have a problem with it, but we had
to have a group on hand to do this, so I would like to see the Manager attempt
to get the the Bar Association to do the same thing for us here that they are
doing for the Haitians and see if we couldn't get some aid from. them.
Mayor Ferre: you mean rather than the $10,000
Mr. Carollo: I think we are uealing with two...
Mr. Dawkins: Okay, then in the event that we get this aid from the lawyers,
then we would not spend the $10,000. Make the $10,000 available, but in the
event that we get this assistance from them, then we would not have to spend
that $10,000.
Mr. Gary: That may reduce the cost, and I agree with your recommendation, how-
ever, there are certain services that they have to provide.
Mr. Dawkins: As we have already declared, I can understand that.
Mayor Ferre: Howard, you didn't hear hi:-, right. He said that provide up to
$10,000, but that if the Dade Bar or whatever, makes the services available
of an attorney and stenographers and people, that would greatly; reduce the cost.
And maybe, I hope we don't expend $1,000, or $500. I mean, we don't know what
it will be. Alright, anybody else want to make a statement?
Mr. Carollo: Not at this time.
Maycr Ferre: Alright, is there a motion to that effect? Moved by Dawkins,
second by Carollo. Further discussion?
Mr. Plummer: Mr.Mayor, only under discussion. I just want to ask this question.
I have not attended any of those meetings and I unfortunately have to take from
what I read in the paper, and I don't know if any of tine other Commissioners have
attended those meetings. Has there been any thought to the possible reduction
of the size of that committee?
Mr. C_�collo: It already has been, J. L.
Well Joe, the only reason I am bringing it up is according to an
artic.e that was in the paper, it seems like the numbe:-s, the sheer numbers
_:c Gn that committee..... there was a report that t.,z._ it took
45 minutes of discussion to try and determine what would constitute a quor,=.
Mayor Ferre: No, no. On the language issue.
Mr. ?lu uner: \ o, that was a 2 hour discussion, according to that article I read,
as to WIetnOr or not the thing would be conducted in Enjl:sh o: in Spanish. I�
seems ii'rie to me that it may be an unwieldly thing with that mar.} people and
cons.deration should be given to the reduction, or at least splitting that
cort;mit Lee.
Mayor Ferre- I think the answer is this, J. L. No. 1, that there are several
peop:t that have refused to .... strangely enoug:,, because they wera all caller
rind Lhey all accepted. Several have_ now res gncd, so it is a smaller committee.
5uco:.:.1�', the chairman wants to Civtde tn,c CGIIIt itre@ up i'.to su*JCcmIA-Ltees Z'
6c. t-at they can take testimony, because otherwise, it is tiG much, worn.
If y:;_ ;:cake it a committee of B or y or 10 people, it is jast to.: much work :,.
Lnaat, sc, he is dividing; it up into subcoa-mittees of 5 and they �ie rur.ct o:_:._
tr.at wav, anc as I undt rstand it, it will greatly expedite the a oie he..rir.:
Ir
Mr. Perez: Mr. Mayor, I happen to understand also that they have already
created an executive committee of about 4 or 5 members to try to direct
everything.
Mayor Ferre: And the executive committee will in fact function for the com-
mittee.
Mr. Perez: We have here one of the members of the committee, Mr. Navarro, who
is there and I happen to understand that they already created an executive con!-
mittee to try to expedite the whole procedure.
Mr. Carollo: That is correct, Mr. Mayor.
Mr. Plummer: Good.
Mayor Ferrer' Alright, anything else?
Mr. Plummer:. May I ask, Mr. Mayor - you gave them a charge and what is the date
that they are to respond back to this Commission?
Mayor Ferre: They were to give us a preliminary report by today, February llth,
and they were hopefully to finalize their deliberations by the end of March. Ob-
viously it is taking them a little bit longer to get organized. I want to tell
you that I don't know of a public spirited citizen that has worked harder and
put more time in than Emilio Milian. He is almost devoting full time to this
issue. Some people are not overly happy with that, but on the other hand be-
cause he is such an intense man. But on the other hand, I might say that I think
we are going to get a very, very objective and worthy report, not only about this
specific issue, but perhaps even more important, with recommendations as to how
we can improve the process of ppolice community relations, how to deal with a po-
tential riot and the police procedures in confronting potential riot and the
general issue of community relations with the minority community, whether it be
Hispanic or Black. And I think that out of this will come some very positive
things. Any further discussion? We are now then on Item "D".
Mr. Ongie: We haven't called the roll on that motion, Mr. Mayor.
Mayor Ferre: Oh, I am sorry. Call the roll please.
The following motion was introduced by Commissioner Dawkins, who moved its
adoption:
MOTION NO. 82-86
A MOTION ALLOCATING AN AMOUNT NOT TO EXCEED $10,000 AS RE-
QUESTED BY THE BLUE RIBBON COMMITTEE; FURTHER DIRECTING THE
CITY MANAGER TO APPROACH THE VARIOUS LEGAL BAR ASSOCIATIONS
WITH A REQUEST THAT THEY RENDER WHATEVER TYPE OF ASSISTANCE
THEY CAN TO THE BLUE RIBBON COMMITTEE WHICH WAS RECENTLY AP-
POINTED BY THE MAYOR, WHICH COMMITTEE WAS CHARGED WITH THE
RESPONSIBILITY OF CONDUCTING A CITIZENS' INVESTIGATION ON
CONNECTION WITH THE RECENT DOWNTOWN DISTURBANCE OF JANUARY 16TH.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre.
NOES: None.
.18 FEB y 1 '982
7. LISCUSSION GPI WATSON ISLAND.
Mayor Ferre: We are on Item No. "D", the issue dealing with Watson Island.
Mr. Manager?
Mr. Gary: Mr. Mayor, I would like for Mr. John Gilchrist to discuss this item.
Mr. Gilchrist: Mayor Ferre, Commissioners, you may recall that we have been a
long process on the development of Watson Island. This started by the desire
of the Commission in 1976 to move forward to putting a major family oriented
entertainment and recreation facility on the Island which was primarily a pur-
pose to add that kind of amenity to our local community. In addition, it had
the advantage of providing the community with a major tourist attraction, a
destination attraction which doesn't exist in this major metropolitan area.
We have had a long number of issues that have continued this, both legal issues
and regulatory issues. In June of 1980 the city issued a development order
after having gone through an application for a development of regional impact,
and the process with the regional planning council here locally, an advisory
board that advises municipalities on projects of that scale. They recommended
against the development order and added certain conditions to it. The city res-
ponded by attempting to meet the conditions that were reasonable to meet, but
in any case, issued the development order. It was appealed by the regional
planning council to the land and water adjudicatory commission commission, that
is the Cabinet, the Governor and the Cabinet of the State of Florida. During
the time that this was being heard by a hearing officer here with public hear-
ings and reported back to the Cabinet an additional issue care up in that the
city agreement with Diplomat World Enterprises was challenged in the court,
based on the processes the city had gone through and certain environmental is-
sues. The first court level gave the city a summary judgment against all the
counts and that in turn was appealed by the citizens who were suing the city
on the points and the Third District Court ruled that the city had on one
pai::t not followed the charter provisions and that wac *hp uoint at sitting.
Nc., Zt the t me that we were before the Cabinet, the Thira District Court :ul-
ir.,; had been out, although we were then appealing it to the Supreme Court.
Tr.r: fUre, thL- Cabinet took the following action. They gave the city a fin.;
or, r, allowi:.g them to issue the development order for the development o= Wat-
sc. and wi-h 5 conditions on that, which had to be met by March 1, 198—
T::::e conditions included several issues that had to do with dredge and fi_-.
ar.d transportation and the turning basin in tis relationship to t;,e
de%cicpment of marinas on Watson Island. On those conditons, we have been ably
to mcve forward. We have, since the time that the final order was issued from
the Cabinet in September, we have modified the marinas on the west side of the
islanc and in drawing form submitted those to Carmen Lunetta at the court. lie
has givenus a letter saying in essense that the modification of the marinas as
he sees it shows that there would be no impairment or any conflict with the
future expansion of port or the turning basin. In the issues of traffic and
transportation, the Cabinet asked us to have an independent study done by the
Department of Transportation of the state, and they have done that study, and
concluded, based on the project as it was submitted under a D.R.I., that there
would be minimal traffic impact and that they are requesting that the city pro-
vide improvements to McArthur Causeway for the area of McArthur Causeway which
i.� within the project. In fact, what that means is that we have in the plans
of the project proposed to put a cloverleaf intersection to get people on and
o. the project without conflict with the McArthur Causeway traffic. The
fill issue was simply an order from the Cabinet that we should noc
inclu"Ie any dredge or fill other than the driving of ?iiir.gs and laying cf
5L�:: t,. lii;es necessary for the development o= aatsor. lziiand. The one cov.d:--
tl., n .hat we have found to be difficult to respond tc in a timely -fashion .s
c:3::net - while the hearing officer did nct f.nd tn.� _o bt; an issue - the ca,..:�;.
asked that the city hire an independen econczl c co, Lu:tant to
u:.cc :he :easibility of the project, specifically, look at the fiscal
tY.e city -chould the project fail.
r::;•.:: Ferre: John, all you have done so far :n 5 min ut�s is repeat what Uc�
di-. the- rne;,.or�4ndum You haven't said a new thing yet.
t
FEB �� �
i
Mr. Gilchrist: I r _ize that there are new Co:mnissioners on the board here.
Mr. Dawkins: We can still read.
Mayor Ferre: Get to the point.
Mr. Gilchrist: We are asking for an extension of time from the Cabinet. We would
like the approval of the Commission to go before the Governor and the Cabinet to
ask for an extension of time through January 19th, 1983.
Mayor Ferre: Let me understand the issue. We went up before the Cabinet. The
Cabinet said we approve with all these conditions, okay? One of the conditions
was an economic re-evaluation.
Mr. .�ilchrist: That is right.
Mayor Ferre:. Since we got involved in a lawsuit and only in the narrow issue as
to the procedure of how we bid and let things, the Supreme Court of Florida in
effect said what we did was not proper. We now have to have to go and redo it
again. But, since we have now revalidated a bond of $55,000,000 bond issue, we
don't want to lose that and we have gone through the environmental impact and
all that and we don't want to lose that. What, in effect we are doing here
today - what you are asking for is to ask the Cabinet to extend the period un-
til we redefine the procedures that we have to go through for letting, which
we are now doing when we hired this expert from Washington, Lester Fettig. Mr.
Feddig is coming back in March with his recommendations. If we adopt them,
then we can start the procedure.
Mr. Gilchrist: We can develop a new procurement procedure that would be accept-
able under the court ruling.
Mayor Ferre: After we have done that, then we can proceed with the economic
study, because we don't know what we are going to be studying. Is that correct?
Mr. Gilchrist: Yes, The issue, and it was particularly pointed out in the
order from the Cabinet had to do with the management of the project, and since
the courts voided the agreement Diplomat and the city, the feasibility can't
really go on unless we have management in place.
Mayor Ferre: So in other words, we are not here voting for or against the
Watson Island project.
Mr. Gilchrist: That is right.
Mayor Ferre: All we are really doing is asking the Cabinet to extend the time
so that we can properly come back to this Commission and discuss the issue.
Is that correct?
Mr. Gilchrist: That is correct.
Mr. Dawkins: Question. What are the plans for Watson Island. What are the plans?
You don't know what you are going to do? How many stores you are going to put
there - how many slips you are going to put there? What is the size of the
theme park, you don't know none of that now?
Mr. Gilchrist: Yes sir, the particular project that was submitted to the Cabinet
has been in place for several years. It is the development of what I would call
specialty shopping center with certain cultural facilities added into it and amuse-
ment rides in addition to major marinas and basically as an entertainment and re-
creational facility on the island.
Mr. Dawkins: Is this the same thing that people turned down and all the people
in the community were up and against it - the same thing that you were talking
about that you presented to the Cabinet?
Mr. Gilchrist: It has not been turned down in the community by anyone, Commis-
sioner.
Mr. Dawkins: Okay - the most import thin; is to hang up what you say you have
not resolved, economic feasibility studies. Now, with the Reagan cuts and the
high unemployment, I for one do not see how the City of Miami can afford to
assume the responsibility of building this grandiose, in my opinion, theme park.
_20
FEB 11 1982
lb
9
Mr. Gilchrist: The proposed financing was to be by revenue bonds to look at
the proceeds of the project.
Mr. Dawkins: And if the proceeds of the project do not come up to expectations,
- who will assume the cost?
Mr. Gilchrist: Well, the bond buyers would be the first ones to suffer under
those conditons, but there is a number of safeguards against that in the way of..
Mr. Dawkins: In the end, if everybody else does not pay, who pays?
Mayor Ferre: But John, that is not before us now. That is not the issue. The
issue that is being requested now is not whether or not this project is going
to work or not work or not because the reason that we do not really know what
the feasibility is because the last feasibility study that we made is over a
year ago and.it makes no sense for us to spend city monies to have a new feasi-
bility study made on something that we are not sure is going to have the same
texture, whether it is going to be the same. So, before we get to that, we
need to know whether Busch Gardens is going to come down here and make an offer
to do this, and they are considering it seriously, or whether Norwegian Caribbean
Line is going to do it, and they have been talking to the people at
Gardens in Denmark and they have a serious interest or whether Six Flags Over
Georgia or Texas which is called the great Southwest.
Mr. Dawkins: Nor do we know if all these people come down here and make these
presentations to you that the Cabinet will accept them. That is what I am say-
ing, so to me it is a dead issue.
;:r. Gilchrist: Commissioner, the question here I think is whether the decision
ought to lie in the City Commission or at the Cabinet. By the Cabinet allowing
its extension of time, the Commission here can decide how to move forward with
the project.
`1r. Carollo: Mr. Mayor, we are not voting; on Watson Island this issue. What we
are c,ing is voting to make sure that we are not going to lose these bonds, what-
ever the Commission decides it wants to do with Watson Island. 1 move that we
go ahead with this, Mr. Mayor.
Mayer Terre: Alright, there is a motion. Is there a second? I will recognize
You in a second, but when a motion is made...
(INAUDIBLE COMMIENTS NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: That is right. That is right Ernie, because we know what you
are golng to say. Please, you re out of order. There is a motion on the floor
and at this time I am asking to see if there is a second.
Mr. Perez: Mayor, before you make a second, I would like to point out that dur-
ing r„\• political campaign, I looked close at this project. I carefully analyzed
t:ie pros and the reasons against, but at this time I don't think that we are
going, to discuss the future of Watson Island. What we are discussing here is ar.
axtension of the time given to the city to comply with some condition. That is
what I understand.
Mayor Ferre: That is correct.
Mr. Perez: Okay. I sit in the Commission with an open mind as an elected of-
ficial I don't want to obstruct something that was approved in the past, that
is why I want to second the motion.
Mz;yor 'Ferre: Alright, now under discussion - Ernie, very briefly for a 3 minute
statc_:nent. Anybody else —Mrs. Shubin. Would you like to come up?
rr::i� :'srnatto: :irst question. is, I think Commissioner Dawkins brought it up.
What about this $55,000,000 devaluated. Who is going to make them good if they
fail"
`.iyor Ferre: That is not...
Mr. Fanatt.o. Well it is important. That is the people's ... ,}gat is go::ng to
het on to the people. Now, who is going to make them. do i;.?
C.:r:,i.o: Mr. Fannatto, excuse me, what address are yo;; givfn� here?
140 N. W. 9th Avenue. I want to know who is goin; .c :.ak-t -..._
bi',2C:o C. Are they revenue bonds, genera. obligation bonds, c_ 'a, a crc
.21 FEA 1 t96
Mayor Ferre: We do not know, Mr. Fannatto.
Mr. Fannatto: You don't know and you have evaluated bonds?
Mayor Ferre: No sir. We do not know because before we get to the economic
structure and the economic studies, we must know who the manager is going to
be, and since at this time we do not have a manager, then there is nothing -
it is a chicken and egg situation. All we are doing today is requesting the
Cabinet, because of the new ruling of the Supreme Court, to extend the time we
have to make this evaluation. At that time, Mr. Fannatto, I promise you that
as chairman of this committee I will recognize you...
Mr. Fannatto: Well I am going to speak - you don't mind if I take my 3 minutes.
Mayor Ferre: I don't mind you taking the time now, but you are not talking on
the subject ,that is before us.
Mr. Fannatto: Mr. Mayor & Commissioners, Ernie Fannatto is my name and I am
president of the Taxpayers of Greater Miami and Dade County. You know, it
tickles me, the taxpayers never get a chance to vote on this project. And it
is going to involve 60, 70 million dollars. Mayor, what you are trying to do
is exactly what you didn't do before, is give out this $12,000,000 project to
your friends without doing it in a legal manner. You know you did and the
courts turned it down. Now you are trying to fool the people and do something
that is unethical. If you want to be fair, why do you want to hire a $12,000,000
contract. Why don't you say "Let the people vote and see if they will undergo
this general obligation bond or the revenue bond".
Mayor Ferre: There are no general...
Mr. Fannatto: Because if they don't, what are you spending $12,000,000 for.
What are you doing that for then?
Mayor Ferre: Alright, it is 11:00 o'clock and..
Mr. Fannatto: Wait a minute, just a minute now, you took up some of my time,
Mayor, I have..
Mayor Ferre: Hurry up, Ernie.
Mr. Fannatto: You know Mayor, I am going to tell you point blank. You did some
good things to this city, but don't try to fool them on Watson Island, because it
involves $55,000,000 and the people are going to vote, and I an, just going to
read you something here that the people are going to have the final say on reve-
nue bonds and you can't use franchise tax money either, like you thought you
were going to do, because that is the new Florida Supreme Court law. It says
a recent case out of Florida Supreme Court law in Miami Beach Redevelopment
Agency clearly spells it out.
Mr. Dawkins: Mr. Fannatto, we have to move because we have a very important is-
sue at ...
(THE PRECEDING ITEM WAS TEMPORARILY DEFERRED. SEE ITEM #9 FOR CONTINUATION)
0. OPEh, RECEIVE BIDS FOR $10,400,000 PARICI1NG REVENUE BONDS AND
APPROVE OFFICIAL STATEMENT FOR THE BONDS.
Mayor Ferre: It is 11 o'clock in the morning and we are on the 11 o'clock
item which is Item "V , receive, open, read and refer to the City Manager
for tabulation and report bids authorizing regarding the sale of $10,400,000
of parking revenue bonds. Is there a motion that we receive, open and read
these? I will come back to you Mrs. Shubin, I promise. The previous motion
has been suspended because of the requirements of the law and we take this
matter up at 11 o'clock sharp. It is 11 o'clock. Is there a motion? It has
been moved by Commissioner Carollo and seconded by Dawkins. Further discussion
on Item "r,"? Call the roll.
.22
0
11
This being the date and time advertised for receivint, sealed bids
for $10,400,000 Parking Revenue Bonds, the Mayor announced chat the City
Commission was now ready to receive sealed bids:
The following resolution was introduced by Commissioner Carollo
who moved its adoption:
RESOLUTION NO. 82-87
A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE
CITY MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED
a TO BE RECEIVED THIS DATE UNDER RESOLUTION NO. 62-77,
FOR THE SALE OF $10,400,000 PARKING REVENUE BONDS
(ADDITIONALLY SECURED BY NON -AD VALOREM REVENUES),
SERIES 1981, BY THE CITY OF MIAMI, FLORIDA.
(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: Conanissioner `tiller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None
ABS NT. None
BIDS `e�rR.E RFCEIVED FROM THE FOLLOI;ING FIRMS:
Merril Lynch, Pierce Fenner & Smith, Inc.
William R. Hough & Company
L. F. Rothschild, Unterbert, Towbin & Associates
Goldman, Sachs & Company & Associates
Smith, Barney Harris Upham & Company, Inc.
Solomon Brothers, Inc.
Mayor Ferre: Read again the second bid from the Hough Company. As I recall
you said 13.1631?
Mr. Ongie: Yes sir.
Mayor Ferre: 1 find it unbelievable that the local firms - I think Hough
is a Florida firm, isn't it? - that a Florida firm beat out all the big New
York giants. I think it is interesting. My only other comment is that I
remember Mitchell Wolfson was before this Commission, pleading with us to
pass a bond issue for a little bit under 10%. Everybody was screaming and
our local morning newspaper wrote some nasty editorial and Rose Gordon made
a big issue out of it, but by God, that Mitchell Wolfson was right. He ended
up as usual being right and we saved the people an awful lot of money now
that we are getting up to the 13.163%. We got Item No. 26. This is the ap-
proving of the official statement for the bonds of the City of Miami, March
1, 1982 and ratifying the preliminary official statement. Is there a motion
on Item 26? Moved by Carollo, seconded by Perez. Further discussion? Ques-
tion? Go ahead.
Mr. Plummier: Delineate, Mr. Knox, for me, what is, in fact additionally se-
cured by non ad valorem revenue. Pinpoint those revenues.
Mr. Gary: I would like for Mr. Garcia, the finance director, to do that.
Mr. Garcia: These bonds are being secured by certain utility anc service tax.
� n tliis particular case, gas and water.
Mr. ?1uruier: Mr. Garcia, is Item 26... where is the official sr.atemenz?
.23
1.
s
Mr. Garcia: Sir, tF`1%pfficial statement was .-.pproveby the City Com-
mission 2 weeks ago.
Mr. Plummer: I understand, sir, but you are asking us then to reapprove it
today?
Mr. Garcia: That is right. What you approved was what is called the prelimi-
nary official statement. Now this is a technicality to get the official state-
ment approved.
Mayor Ferre: The other one that we approved was what is called a red herring, is that
right? And this is the final statement and now that we are at the bid process,
we are approving ... we opened the bids, got the bids and now we are approving
the final offical statement for the bonds and ratifying the preliminary state-
ment, that is the motion that is before us now.
Mr. Plummer:. Question to Mr. Carlton. Roger, you just finished a garage across
from Gesu. I think that is your latest. What was the percentage paid on that?
Mr. Carlton: A shade under 12, about a year and three-quarters ago.
Mr. Plummer: Is that anticipated that the revenues alone will cover the bonds?
Mr. Carlton: Not in the early years, but in a short period of time - about 2 years.
But there were some other items within that bond issue to refinance some older
debts and to take care of replacing the parking meters when we were having that
vandalism problem, so it is hard to break it out and say that it will be a break-
even situation. We think it will very soon, sir.
Mr. Plummer: Well, let me just go for the record, for later up on the day we are
being asked by you or by the authorities to increase certain fees, but what
alarms me is, reduce others. There is, I think, one request to reduce. I am
concerned, very concerned that for some reason, this doesn't apply to the Off -
Street Parking Authority, because something is owned by a municipality, that it
should be cheaper than the private sector, which means in this particular case,
the City of Miami, its Off Street Parking Authority is in literally competition
with private sector and yet, our rates as I would estimate are about 30% to 40%
cheaper than that of the private sector. It is before us when you are pledging
additional non -ad valorem of this city to cover, when in fact, if the off-street
parking authority were to come within, let's say 20% or 10% of the private sector,
no other additional revenues would have to be pledged of this city for parking.
Now that's got me concerned, Mr. Mayor.
Mayor Ferre: That is a valid point and I am sorry Mitchell Wolfson isn't here
to defend his position, and I am sure Roger can defend the position for the
authority, but I would just like to again reiterate for the record that the
policy of Col. Mitchell Wolfson and of that authority since its inception has
been that they are in business to provide a service to the community. Now, I
want to tell you and I see that Earl Worsham is in the back of the room and
other people that are developing in this community - Marty Fine and others that
are involved in the Chamber and in the Downtown Development Authority. One of
the serious problems of this community is the availability of inexpensive park-
ing. Now the other day 1 went for a meeting with a group of people, civic lead-
ers and I parked at the Holiday Inn garage. I got there at 7 o'clock. I left
at 9:20, and I had to pay $6.00, and the parking spaces were all empty in down-
town Miami, and I had to pay $6.00 to Apcoa. Now, they are making a real super
killing as far as I am concerned. The reason why they are doing it is because
of this tremendous need. Now, I see your point, Commissioner Plummer. I also
feel that this is a multi -faceted issue and I think that what the trust of this
authority has always been is to try to keep fares low so that the people of
Miami will have the incentive to go downtown and shop and go to the hotels and
restaurants and to the medical facilities and what have you. Thank God that
they exist, because as soon as we relieve the pressures of supply and demand,
they will be setting the pattern of what it is that the private sector is going
to charge. If we didn't have the Off Street Parking Authority, 1 guarantee you
that parking rates today and in downtown Miami would be as high as they are in
New York City.
Mr. Plume^er: Mr. Mayor, I am not advocating that the Off -Street Parking Author-
ity make a profit. I am saying I think it is only fair that they should break
even. That's what I am trying to bring across, that if their rates, which they
have about a 30X factor between what they charge and the private sector were to
be brought into line, there would have to be no more pledging of revenue other
than the revenue produced by the facility.
.24 : .
Mayor Ferre: We have before us Item No. 26 which has been moved and seconded.
Does anybody have anything else on this issue at this time, so we can get on
with our agenda? If not, call the roll on Item No. 26.
The following resolution was introduced by Commissioner Carollo, who moved
its adoption:
RESOLUTION NO. 82-88
A RESOLUTION APPROVING THE OFFICIAL STATEMENT FOR TEE BONDS
OF THE CITY OF MIAMI, FLORIDA, DATED MARCH 1, 1982, AND RATI-
FYING THE PRELIMINARY OFFICIAL STATEMENT, DATED FEBRUARY 1,
1982, AND ITS DISTRIBUTION BY THE DIRECTOR OF FINANCE.
(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
ON ROLI. CALL
Mr. Plummer: I am going to vote yes, but I am going to look to the others in
the future.
9. CONTINUED DISCL'SSIO:N OF WATSON ISLAND - REQUEST GOVERNOR
AND STATE CABINET TO GRANT EXTE::SIGN.
Mayor Ferre: Mrs. Shutin, the chair recognizes you.
Mr. Fannatto: I wanted that extra minute.
Mayor Ferre: Alright. Mr. Fannatto, you have an extra minute.
Mr. Fannatto: I want you Commissioners to know that in reference to the bonds,
you can't legally spend any money or back up any bonds, whether they are revenue
bonds or whether they are any other kind of bonds - general obligation bonds.
They must be a vote of the people. And I want to tell you, the people own this
government. And the people have got a right to vote when you get into 55 to 60
million dollars and when you are going to spend $12,000,000, which is the biggest
joke fever heard for a project like that, it is unthinkable. Now you are try-
ing to do it, and if you do it, you are doing it illegally. Commissioner Dawkins,
you asked about the legality of the bonds. Do you want me to read you the legal
opinion, the recent Supreme Court thing?
Yr. Dawkins: Why don't you just give me a copy of that'.
Mr. Fannatto: No, I mean I would like to read into the record,
Mr. Dawkins: I'd like to distribute that.
Mr. Fannatto: Well, I'll just make it very fast..
Yayor No, Ernie, the Commissioner said that you can gi,,e it to him anc
hL' will rrsd it. Now, don't insist.
Mr. Fan:.3tto: All right, I will just conclude it. A referendum Is requires i_
other revenue or public pledges is used, so you can't use anything. So Mayor,
,:ar.'t fool the people and don't squander $122,000,000 either.
25
\J
40
Mayor Ferre: Alright, Mrs. Shubin.
Mrs. Shubin: Mr. Mayor, I spent one whole day here until 20 minutes
to 7:00 o'clock one evening waiting for the Watson Island project to
come up. You invited me to come back and to bring 50 people with me. I
*could consider it and I only brought back one, and that is me.
Mayor Ferre: I want you to know that that is enough, because
you are an army of one.
6
Mrs. Sbubin: Watson Island is on today's agenda and I think that anything I
have to say concerning Watson Island is important, and you sl�oul.d do me the
courtesy of hearing me. Thank you.
Mayor Ferre: You have it.
Mrs. Shubin: It is never too late to dump the Watson Island pro,j ct. The
development of the downtown area now in progress is not am tne•Ier was predica-
ted on an amusement park for Watson Island. Miami is no io:nger a community
that is dependant entirely on tourism. In fact, with the population growth
in this community, an invitation for more tourism can be the very thing to
kill the tourist industry. Let me illustrate. I was or. a Miami -;sound flight
that made a stop in Tampa. An English family had been to Disney World, boarded
a plane and sat beside me. In conversation I asked if they had b:en to Busch
Gardens. The answer was a definite "no". They had stopped off in Tampa to do
some swimming. My next question - "If there was a theme part; in Miami, would
they spend a few more days to visit it?" Another definite "no", with the
added statement that if you have seen Disney World, you don't nee: any more.
What they wanted was the sun, the sand and the surf. To compare an amusement
park on Watson Island to Disney World is utterly ridiculous. What we in Miami
still have is sun and sand and clear unpolluted air and water. We are possibly
one of the few spots in America that can boast of this. Unfortunately, more
people means more pollution; more automobiles means more pollution - automobiles
which no longer require inspection - even more pollution, and if you want to be
honest about it, pollution could kill this whole area, both for the resident
population as well as for visitors. An amusement park on Watson Island is
impractical, out-of-date, and a waste of energy. An amusement park which uses
much electricity as it takes to light up all of Key Biscayne, the Venetian
Island and Palm, Hibiscus and Star Island. Add to this the electricity that
would be needed for the thousands of apartments that would be springing up in
developments around downtown. Add to this the idea of water shortages that we
are constantly being reminded of. Being thirsty in the dark may be your cup of
tea; it isn't mine or anyone else's that I know of. To keep this amusement park
any longer could cost this city another $300,000 this year. For $300,000 you can
hire 15 more policemen for one year. We need policemen now, not later. This is
not the time to be thinking of amusement parks. There is a wise old saying.
Don't throw good money after bad money. flight now we can't afford to throw away
any kind of money. Times are tough for the Iran on the street. The man who wants
a new home, needs a new car, even worries about the next meal. And unfortunately,
times are goinj� to get worst before they get better. This certainly is not the
time to be thinking or even worst, spending more money on amusement parks. Are
you aware that Disney World lost money last year? Perhaps no city in the world
has -ore visitors and tourists than the city of New York. There are no theme
parks in New York City, but attractions centers on the cultural and commercial
enterprises. No one would ever dream of erecting a theme park in Central Park.
Which of you that has been to New York has ever gone to Cone;' Island? As for
attracting cruise passengers to spend time in Miami, clean air, good shopping in
fine stores, outstanding museum exhibits, fine theatre, music and opera, sports
events - all these will attract far more people and create more employment than
any amusement park could possibly hope for. A performing arts center, a botani-
cal garden, summer day camps for children, classes in boating at�d water skiing,
gardening and so on, these are the things that could be on Watson Island. Members
of this Commission, I wish each of you had heard the Polish ambassador speak last
week at FIU, as I did. You would be ashamed to even discuss an amusement park on
Watson Island today. There are problems far more pressing in this cc=unity and
that is where your hearts and minds and votes should be. It is time this amuse-
ment park project got a proper burial, and you Mr. Plummer are the man that could
help us do it. Thank you.
Mr. Plummer: You just put me in a conflict of interest.
Mr. Paul: Mr. Mayor, I would like to speak briefly on the katson Island matter.
My name is Dan Paul, 1300 S. E. Bank Building, Miami. I think you are making a
serious mista,ce to use this Comtr.ission's capital before the State Cabinet by going
back and putcing them on a hook to give you an extension on a project which you
well know you are going to have to start from scratch ail over again. I think
there is a matter of good faith involved here and some of you made cormatmer.ts in
your campaign as to the Watson Island project and to go back to the Cabinet anc
ask them to extend the time for you to file financial feasi ility report on _a.
project which you all know is completely dead and that you are going to have tc
cone up with a totally new project, that is the reason you don't have the fi-
nancial feasibility report, because you don't know what the project is goinz, tc.
be ,,t this point, and I think that the citizens of this comr..unity who rem- coming
1d _27 FEB i 1 1962
down here have a right at some point to call finis to a project which all of
you agree has long since expired and nobody is planning to build the project
as originally projected and why should you go to the State Cabinet and put them
on the hook and embarrass them before the public to give you an extension to
file a financial report on an albatross, and I strongly urge that you not em-
barrass the city before the State Cabinet by going and making this extension.
You know you are going to have to start over with a new report, and that is
the time to go back after you have had public hearings and decide what is going
to go there. Thank you.
Mayor Ferre: Mr. Paul, I don't want to get into a public debate with you, Mrs.
Shubin or Ernie Fannatto, but I think the point is that the City of Miami and
Diplomat World have expended well over a million dollars so far of public and
private funds to develop a plan which deeds justification before the Cabinet
for economic feasibility purpose. Now, that includes a long, difficult tedious
and time-consuming DRI process, which has been concluded. It also includes a
very complicated and lengthy involved tedious and legally complicated validation
of 55 million dollars of bonds which may or may not be amended, provided that it
is not substantial in nature according to Mr. Joe Guandola. Mr. Guandola, who is
of the firm of Brown, Wood, Ivey, Mitchell & Petty and is bond counsel for both
Dade County and the City of Miami has recommended that we approach this in this
proper fashion so that we do not jeopardize at this time that very important
validation proceeding. Now, we have the recommendation of someone who we respect
and who has been dealing with the city for a long time. Since the city is the
owner of the project and what is involved is the selection of a manager, the
discussion of an economic feasibility is only dependent upon the variations
the new manager will have, whether it be Busch Gardens or whoever will be coming
here to do this. Now, it is premature for us to conclude that this project is
dead, because obviously as you said, you and I both know it will be changed.
Now, to what extent it will be changed and how it will be changed is dependent
on No. 1, a rethinking of the whole bay side which we are in the midst of doing
right now and No. 2, dependent upon who is going to be the successful applicant
to be the manager. Once that is determined, we can make an economic feasibility,
hopefully save the validation proceedings, hopefully save the year and one-half
of DRI process and that is what we are trying to do. This is not a dead issue;
this is not an albatross and I think that this is something that we are not dis-
cussing whether Watson Island will or will not live as a theme park, because that
is not what is before us at this time. What is before us is a request from this
city to the Cabinet to extend the time so that we can comply with the Supreme
Court's mandate, not jeopardize our bond issue and come back in an orderly fashion
with an alternate plan.
Mr. Paul: Mr. Mayor, you hit the nail right on the head and it is a matter of
good faith. You cannot and should not attempt to shoehorn a totally new project
in on the tails of a previous DRI and a previous validation. You should let the
public have their full input in whatever - you admit yourself that the old pro-
ject is dead - that it....
Mayor Ferre: No sir:
Mr. Paul: You just said it.
Mayor Ferre: No, no, no.
Mr. Paul: That you are going to have a new —that there is going to be changes
made in the project from what you originally proposed and you should not by any
kind of Micky Mouse tactics attempt to deny the public the right to come back
here and have there full input. You need a new DRI when you get ready to do it.
Mayor Ferre: Mr. Paul, you are a very able attorney, but you are not our attor-
ney. Now, we do have also a very able attorney who does know a lot about bond
issues and he has recommended that we follow this procedure.
Mr. Paul: It is good faith with the public we are talking about. It has nothing
to do with iegalistics; it has to do with good faith, Mayor.
Mayor Ferre: With all due respect, Mr. Paul, I think I am going to pay atten-
tion to our attorney, rather than to you.
Mr. Paul: But it has nothing to do with legalistics; it has to do with good
faith. You may be able to shoehorn legally a new project into the previous
legal mechanism that you have. That is avoiding the good faith issue that you
are denying the public the right to have their proper input by attempting to go
through the old procedure and I think that the people who campaigned and told
28 FEB 11 1982
re
i
the public than they were not in favor of this old project ought to now wipe
this slate clean and not embarrass the city.
Mayor Ferre: Mr. Paul, you can huff and you can puff, bu� you will not tear
the Watson Island building down at this time. Now you will have an opportunity
in the future.
Mr. Paul.: I don't have to, Mayor - the courts have torn it down. There is no
need for me to tear it down.
Mayor Ferre: Well, I don't know.
Mr. Paul: There is no need for me to tear it down - it is already destroyed,
and 6,y your own admission, the project, you have to come up w:•_'r, some modifica-
tions, with a new manager, with something totally different, and all I am asking
you is not legalistic, but good faith with the State Cabinet. You are very
foolish to go up there in bad faith like you are doing and tell them that you
want to keep these things alive with the hopes that you can pour new projects
into the old legal form and therefore deny the public their input on the DRI
and on the bond validation and all of the proceedings.
Mayor Ferre: Thank you.
Mr. Carollo: Excuse me, Mr. Paul, I need to clear the record up for a second.
When someone comes up and gives their name and address the city law is to give
their home address. If you would give your home address.
Mr. Paul: My home address is 19 Star Island.
Mr. Carollo: Okay sir, thank you very much. I woule hope that in the future
you could spend some time also enlightening Miami Beach on some of their projects.
Mavor Ferre: Further discussion"
Mr. PluruTer: 'ies, Mayor Humpty-Dumpty. `.r. Mayor,— Mr. Paul, I will address
my remarks to vou. I will vote in favor of this extension toda,. and let me tell
you why. I feel without question that whatever in the very near future this
Commission shall come up with, if it does at all, will be fully aired, as was
Watson Island with many, many public hearings. Therc is no question that people
will be here to say their piece for or against. Ironically I read in the paper
that the people who were opposed to the development of Watson Islam are now
creating their ourn plan for Watson Island, Ironic. All I am saying is that the
City of Miami has spent money to bring about and all 1 am going to vote on today
is to keep that option alive. That is all I am voting on. I don't know what
will be developed in the next 6 or 8 months, but if I can save the taxpayers of
this community those monies which have already been expended and possibly not
have to go through that expense again, is what I am voting on and in no way,
shape, or form does it indicate by my vote for the extension today that I will
be in the future in favor of some other proposal or am I bound by any proposal
thzit might come forth before this Commission. I am merely voting to protect
that which we have already spent and nothing more.
Mr. Carollo: Good political answer J. L. I like that.
Mayor Ferre: Call the roll.
The following motion was introduced by Commissioner Carollo, who moved its
adoption:
MOTION NO. 82-89
A MOTION AUTHORIZING AND DIRECTING THE CITY MANAGLit TO
REQUEST FROM THE GOVERK0R OF THE STATE OF FLORIDA .4,ND THE
CABINET OF THE STATE OF FLORIDA AN EXTENSION OF Tl�!E FOR
THE WATSON ISLAND APPROVAL TO COMPLY WITH CONDITIONS
ESTABLISHED IN AN ADJUDICATORY COMMISSION ORDER DATED
SEPTE?BER 29, 1981 PERTAINING TO THE D.R.I.
Up,,n being seconded by Cor-a.issioner Perez, the motion was passed anc
adoi,ted by the following vote:
AYES: Co=issioner Demetria Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins ��
r EB 1 i9i�2
Mayor Ferre: We are now on the Miami Yacht Club and Miami Outboard Club Lease
agreement on Watson Island. This is Item No. 35 & 36. Mr. Manager?
Mr. Gary: Yes, Mr. Mayor, you asked us to come back with a lease for Miami
Yacht Club and Miami Outboard Club similar to Miami Sailing Club. This has
been postponed for quite some time due to developments on Watson Island. At
this time I would like for Mr. Gilcrist to explain the proposed leases which
are companion items 35 & 36. I'm sorry, Mr. Harrison, excuse me.
Mayor Ferre:• Mr. Harrison?
Mr. Harrison: Mr. Mayor and Commissioners, I think one of the best ways to
approach this is that we have outlined in your memorandum that is in your
packet for item 35 & 36 a synopsis sheet which is the 3rd sheet of that memo-
randum, and I think that really brings to the forefront and to the apex what
the lease agreement basically is all about. In the case of the Miami Yacht
Club, we are proposing to enter into a lease agreement for 4.06 acres of up-
lands and 2.5 acres of submerged lands, giving them a total of 6.56 acres.
Unlike the agreement that came before this Commission back, I believe, in
May of 1980 - at that time it was recommended by the Director of Finance to
give 8.56 acres. There has been a re-evaluation of the marina size development
on Watson Island and it is felt to be in the best interests of the city to only
allocate 6.56 acres. It is basically the same geographic location that the
Miami Yacht Club now occupies with the exception that some of their docking areas
are now brought under the lease premises which are submerged lands and that is
why we have 6.56 acres totally. The consideration aspects of the agreement is
broken down into 3 phases. There is a minimum guarantee of $16,326.29, or a
per capita tax property formula which is geared to a resident and non-resident
user participation in the docking and storage facilities on both of the club
premises. Under that scenario in the case of the Miami Yacht Club, predicated
upon their membership being approximately 90% non-resident users, they would
pay the city $21,627.06, or 100 of their gross revenues, their gross revenues
being defined revenues that derive from charging their members dockage, wet
slip dockage or dry land dockage, and revenues from their bar and restaurant on
the premises. Under that scenario, under an estimated gross of $228,715, if
the city receives 10% of that, in the case of the Miami Yacht Club, they would
pay us 522,872, so you can see of the 3 elements of the consideration clause,
the greater in this case would be the 10% of gross revenues derived from the
bar, restaurant & marina storage. Also, in that synopsis sheet on page 3, you
see where I have broken down the number of wet slips, trailer storage spaces
and racks that they have on the premises and what their total users are. There
is also built into the agreement a penalty provision whereby the users, a user
being defined as someone who leaves their boat on the premises, would pay $23.77
per user if the club does not comply. We are trying to change the membership
composition so as to encourage City of Miami tax paying resident members using
the facility. So basically that is the synopsis of the Miami Yacht Club. The
Miami Outboard Club ... yes sir?
Mr. Plummer: Wait a minute. Can we address that one first? When you say gross
revenues, gross means to me, all revenues.
Mr. Harrison: In this particular case, as the agreement is written, the gross
_ revenues are defined to mean solely revenues derived from their bar, their
restaurant, the slip rentals and the dry storage rentals. It does not....
(INAUDIBLE COMMENT - NOT ON MICROPHONE)
Mr. Harrison: No sir. In the case, there is no taxes involved in this particular
case, other than the 4% sales and use tax on the total amount of the consideration.
(INAUDIBLE COMMENT - NOT ON MICROPHONE)
Mr. Harrison: Yes sir.
la .30 FEB 11 1962
Mr. Plummer: Is there a representative here of the MiYacht Club?
Mr. Harrison: Yes sir, there is. Mr. Jacoby is here.
Mr. Plummer: Mr. Jacoby, what are your total grass revenues?
Mayor Ferre: Mr. Jacoby, for the record, your name and your address.
Mr. Jacoby: My name is James H. Jacoby and my address is 300 N. 1E. 67th
Street, Miami.
Mr. Plummer: Ycu are the commodore of the Club?
Mr. ,iacoby: 1 am the vice-conLrnodore this year, Nr. Plum.:ner.
Mr. Plummer: What are your total gross revenues Sir?
Mr. Jacoby: I am presently operating on a financ, committee down at the club
becaue we have had some serious financial problem.;. Mr. Harrison's figures of
course, are based on prior to 1980. In the past ':' months, we have lost $17,000
in our bar and restaurant operation.
Mr. Plummer: Sir, my question is, what are your total gross revenues?
Mr. Jacoby: Unfortunately sir, I don't have an answer for that question.
Mr. Plummer: Mayor, I move this item be deferred until those answers are forth-
coming.
Mayor Ferre: J. L., now wait a minute. I am sure that the Miami Yacht Club
and the Outboard Club are very happy for the deferral. Now, is that really in
the best interest s of the City of .:iari?
Mr. Plurripier: Ma,:or, there is nothing to stop this Commission fron, any: approved
rate of retroactive facts of the time.
Mayor Ferre: Oh yes. Oh yes, That is totally against, the thin. the right
practice. With all due respect, you know, you cannot make laws retroactive
and I think it would be highly unfair to make the payment of s3mct1:inf, like this
retroactive. I mean, that is just one mans opinion.
Mr. Plummer: It would also be assumed that when a person comes to negotiate a
contract that they are totally prepared - I guarantee you that Dick Taylor is
going to be able to tell me, because I know Dick Taylor. All I am saying to
you is, how can I sit down and negotiate a contract with a man who doesn't have
figures, and I am entitled to those figures.
Mayor Ferre: Next time around he won't have the figures and you are going to
put it off again. What are you going to do, put it off for a year?
Mr. Plummer: Mr. Gary, I disagree with you sir. Look, I will tell you that the
use of those acres on that island under anybody's book, 10% is a fair rental.
That when you figure up your total budget, 10% is fair, more than fair. Now, all
I am asking for, and I am not getting the answer, is what are the total gross
revenues of the Miami Yacht Club?
Mr. Jacoby: Mr. Mayor, may I make a statement?
Mr. Plummer: I will withdraw my motion.
Mr. Jacoby: Directly to what Mr. Plummer has said in this situation. In May of
1980 when this Commission entertained, or was going to entertain leases with our
club, we were told at that time that there was a new study to be made of the
marina areas cf Watson Island and that negotiators in this particular lease were
going to cease until this study was made. Since that time, we have not had any
negotiations, nor were we advised that we were going to negotiate the lease,
the lease premise today. My point in coming here was to ask that since a lease,
which we had never seen the full tenets of prior to two nights ago was given to us...
Mayor Ferre: Commodore Jacoby, are you opposed, I assume that is V-at you are
saying, you are opposed to the recommendation, is that right.,
Mr. Jacoby: I am opposed to negotiating a lease at this time, at this moment,
and I woulU4 like the opportunity to negotiate the lease.
.31
F E B 11 1982
4
Mayor Ferre: Mr. Jacoby, let me tell you several things. In the first place,
it is my opinion that this community is entitled to inexpensive boating facil-
ities and that just like we subsidize golf.courses.and tennis courses, that the
citizens have a right for the City of Miami to subsidize boating facilities, how-
ever, it is for all of the citizens, and that means Blacks and Latins and woman
and everybody, and it has to be an open facility. No. 2, if it is, then how
many Black members do you have in your club?
Mr. Jacoby: At the present time, your Honor, we have no Black members in the
club, nor have we had any applications from any Black members.
Mayor Ferre: Isn't that strange.
Mr. Jacoby: Yes, I would say it is strange. How many Black members are there
on swimming teams and on other water sports?
Mayor Ferre:• There are a lot as a matter of fact, in the City of Miami. Here
is a member of the swimming team, and the last time I looked, he was Black.
Alright now, secondly, let me tell you this. The majority of the people who use
your facilities do not live in the City of Miami. You know that is a fact. They
are not residents of the City of Miami. They live in Dade County.
Mr. Jacoby: They live in Dade County.
Mayor Ferre: But this is not Dade County. You are not before the County Com-
mission. Up there it says City of Miami. Alright. That is No. 2. And No. 3,
I think that it is not fair for you to be using public property, which is what
you are using, and not pay anything at all - especially those people that are
not residents of the City of Miami. Therefore it is long overdue and it is time
for us to get on with this. Now I don't want to put it off anymore.
Mr. Jacoby: Mr. Mayor, I don't disagree with what you just said, however the
Miami Yacht Club came on Watson Island when it was state property. And the Miami
Yacht Club is composed and has been composed of people who live in the City of
Miami for many, many years. And as the city changed in population, they moved
to the suburbs like in any other metropolis.
Mayor Ferre: I wonder why?
Mr. Plummer: Better boating facilities.
Mr. Jacoby: The boating facilities are on Watson Island and they are for every-
body and each year we advertise in the paper that we have open membership and
we accept membership without sponsorship and we are not here, I don't believe
to discuss the makeup of the club and the bylaws of the club and all those dif-
ferent things. It isn't every man's club. It is not an expensive club to belong
to. With the advent of the marine plan that is being proposed, and with the tenets
of this lease, we don't know what type of financing we will be able to arrive at
because we don't know what our costs are going to be and we haven't sat down with
Mr. Harrison in 2 years and the discussions in previous times with Mr. Harrison
regarding some of the tenets of this lease were never agreed to by our club and
we feel at this point that all of a sudden this has been brought up in the last
couple of weeks on January 28th, and here it is, February llth and that gave the
Miami Yacht Club, the Outboard Club and awful lot of time to do any preparation
to be able to honestly answer your questions.
Mayor Ferre: In the interests of time, Mr. Jacoby, I think the point very, very
simply is that Coral Gables and Metropolitan Dade County, both entities that have
waterfront facilities, nowhere is there a situation like this existing. I don't
see the Metropolitan Dade County or Coral Gables, or North Miami or North Miami
Beach using public property for a group of citizens that mostly do not live in
their jurisdictions to use totally free. Now, I realize that there is a sudden-
ness and I think that perhaps Plummer's motion may be appropriate, but certainly
not because of the suddenness of this, if that is the case.
Mr. Gary: Mr. Mayor, it is not sudden.
Mayor Ferre: Alright then, let us hear from the chair person of our Waterfront
Board.
Mr. Plummer: That is what it started out to be. It has....
Mr. Sorg. Mayor Ferre and members of the City Co=ission. I an Stewart Sorg,
chairman of city's Waterfront Board. I would like to say that at a recent Tuesday
hearing of the Waterfront Board meeting, this issue was brought up. I would like
.32 F E 6 11 1982
Mr. Sorg: (con't) to also defend Bill Harrison who took this entire issue to
the Miami Yacht Club and the Miami Outboard Club. This gentle.Len has totally
mislead the Waterfront Board in all that he said the other night and he totally
contradicted everything that Bill Harrison said and what h- is saying is irres-
ponsible. I don't think that you should entertain what he is saving any further.
I think Mr. Bailey should have the floor who und(rstands the entire process and
I would like Mr. Taylor, excuse me, who will represent both yacht clubs and I
think he has got the answers to the problems.
Mr. Jacoby: hir. Mayor, Mr. Taylor doesn't repre ent the ?;iami Yacht Club. Just
one moment, sir: I have just been personally (&,),ENT OFF MICRGPHOtiE) by Mr.
Sorg. He has said terrible things about me and I think that a ran in his posi-
tion to utilize what is called the big lie - he just stood up ar-i said that I
am totally irresponsible and totally this and to'.ally tliaL - is a terrible thing
to happen in a public place, and I take great ur.arage to those statements, Mr.
Sorg.
Mayor Ferre: Alright, let the record reflect that.
Mr. Taylor: Mr. Mayor, respectfully, Richard Taylor, 976 N. W. 7th Street Road,
Miami, Florida. I do not officially represent the Miami Yachht Club. I was here
talking with this board, not the Waterfront Board Tuesday night some 2;J hours.
There have been some problems yes. I can tell you gross, costs, expenses and so
forth. I don't think that is really appropriate if you will listen to me for one
minute. We do, more or less, the clubs are the man in the street - I belong to
several others as you may or may not know. But, one of the problems with gross,
for example was, and I take great pride in the fact that we had our first, for
example, a quickey, muscular dystrophy outing weekend last August. In one week-
end we raised $8300. It was accross the bar in the taxable money, and I arh
proud of it. Our commodore went to national TV and made a presLantation. That
certainly shouldn't be taxable. Mr. Sorb; agrees that there should be some except-
ions. In October we had a little weekend affair and gave, if you will, life vests
bullet proof vests to the marinu patrol. I do;.'t think you wo"ld really tax us
on that as part of gross, and American Heart, ocher t:.ins lid.(- that. So, the
bottem lino, and it is true, bath clubs have b,••--n in th` mi6J'e during all the
Watson Island development. We have had no problem. i I.ave a file here ti,.t is
not to intimidate you. This is a record of meetings I have haci with different
people in the last 3 years. Now, they do have a very comiplicrited payment sche-
dule. Mr. Harrison is a very fine man. He met with representatives of both clubs
3 weeks ago. I was present. In that instance Mr. Jacoby was not. He does have
a simple outline here called base rent. There are 4 different provisos I believe -
3 or 4 - I don't know he divided it, I forget exactly, for the rent. Until the
island, shall we say, knows where it is going, if you will, as a developmental
plan, such as Greenleaf 6 Whittier have proposed on big marinas, if they do that,
they are going to build them for us, and obviously we will pay back pro rata.
That's great! It is a lot better than we could afford to build or finance. We
can't get 13% financing or whatever it will be in that area, just as you just
voted on, so we love it. But, we are sitting in limbo at the same time. I do
propose and proffer for the Yacht Club that the base rent that he took, which is
higher than 2 alternatives and possibly lower than the gross, depending on
whether you include some of these special events or not, that we pay that base
rent until you know where you are going. In fact, lets spread us over to January,
1983 and maybe there is some plans - maybe by then, I have never passed up a
meeting, I don't believe - Mr. Harrison will say, Mr. Sorg will tell you. I
have met Forestly, Greenleaf, Whittier, Ronald, Fine, a world of them,..I've
got a file here that won't stop. I can give you numbers, but I suggest that the
base rent of $13,120 is a fair rental. It is higher than 2 versions and lower
possibly than the other, but that is where you get into what is what and gross
is which and so forth and so forth. Let the Outboard Club sit there at that
base rent until you know where you are going, and then we will work out the
whole lease. As far as the many, many provisions, I can go through this lease
and take hours - you don't want that.
Mayor Ferre: Excuse me. Mr. Sorg, this Commission appointed a citizen's board
thatrepresents civic clubs, water b marine industry, the ecological inturests,
everybody is represented.
Mr. Taylor: Chambers of Commerce.
Mayor Ferre: Chambers of Commerce, it is supposed to be a citizen's input as
Mr. Paul likes to talk about all the time. Did the citizen's input come through
your Waterfront Board in this particular issue?
c c� FEB.,iSC2
la � !
to the City of Miami.
Mayor Ferre: Was this a unanimous vote?
Mr. Sorg: Absolutely.
Mayor Ferre: And you are recommending that we adopt this as proposed?
Mr. Sorg: Absolutely.
Mayor Ferre: Alright, is that what you are saying, Mr. Taylor?
Mr. Taylor: No.
Mayor Ferre: You just want to pay base rent?
Mr. Taylor: No, basically the same thing, the base rent. This lease on the
gross is so complicated. Are we paying for the muscular dystrophy benefit
this year?
Mr. Plummer: Absolutely not.
Mr. Taylor: I am sure you don't mean that, or the Heart Association or a couple
of other events planned. Now that is gross, as they have got it written in this
lease.
Mr. Plummer: I am talking about the one thing that is a very obvious oversight in
Mr. Harrison's presentation is dues. Now that is part of gross.
Mr. Tayler: Well, as a matter of fact, we stipulated it wasn't.
Mr. Plummer: Well, I am saying to me, to me, it is part of your gross. I am not
talking about special,events that do not go into the coffers in the operating
budget of your club, but when you do have a total operating budget, I want the
word "gross" and I think 10% for the rental of your property is fair, of your
gross. Now, I am sorry, that is where I am at.
Mr. Taylor: It does get difficult, because as you raise the, shall we say the
cost of berthing a boat to accomodate the rent, you raise the rent proportionate
to the raise, I mean it is an insidious circle.
Mr. Plummer: But that is part of the gross, Dick.
Mr. Taylor: Yes, but I say it is an insidious circle. The more you raise things
the more it goes up.
Mr. Plummer: You are setting Your own rates.
Mr. Taylor: You do have a base rent recommended by Mr. Harrison and inasmuch as
nobody knows, we can't build , maybe the city is going to build them for
us. We don't know where we are going.
Mr. Plummer: May I suggest, and I think what Dick is saying, if I understand
correctly, I have no problem with, that we approve what is here and let them
start paying the base rent now, but it be on a 30 day to 30 day basis, not a
17 year agreement.
Mr. Taylor: Oh, I don't suggest that. I suggested that Mr. Gilcrist extended —
I don't want to come every month, and I am sure you don't want to see me every
meeting. How about extending my club til January of 1983, or one year on the
base rent basis until we get an idea where we are going.
Mr. Plummer: On one year. Fine, but not 17. I have no problem with that.
Mayor Ferre: Mr. Sorg, is that the recommendation of the Waterfront Board?
Mr. Sorg: Absolutely. We had also recommended...
Mr. Plummer: No, no, no, no.
Mr. Sorg: Just a minute, Commissioner. We had also recommended in the event that
we couldn't reach an agreement that $1,000 per month from both clubs come immediately,
but the base rent is the way to go because it has been approved by the administration.
34 FEB 11 1982
Mayor Ferre: Okay, now, Mr. Harrison.
Mr. Harrison: I think there is one key element that has to bE2 pointed out in
this document - that there are deed restrictions to the property on Watson island.
The approval of both of these agreements must be gone over before the State Cabi-
net which is the I 6 I Board to grant us a waiver of deed restrictions on both
of these agreements. It could easily take us 2 months or so to get on the cabinet
agenda, so..
Mayor Ferre: 5o what is your point?
Mr. Harrison: My point is that once the City Co~.nission authorizes the manager
to execute the agreement today, it will still be a time lag before the agreement
becotes effective.
Mayor Ferret' I think that is really the way to go on this. ATi ether. words, I
think what we ought to do is approve this; have the manr14er :iron it; petition
the cabinet for approval and then come back Dick, and in the ir:terim time we
can hammer out these differences. I happen to agree with every;;.ing you said.
Mr. Taylor: Thank you sir. I just asked Mr. Jacoby in the interest of settling
time, if he as Vice -Commodore of the Miami Outboard Club wouldn't go along with
the same proposition - the base rent - until we know where we are going, and he
said that he would.
Mr. Plurner: Effective March 1.
Mr. Dawkins: Question before we leave this, Mr. Mayor. Mr. Car-,, are these
the '. clubs that we asked to provide certain sporting activities for individuals!
Mr. Gary: Yes sir.
Xr. Taylor: We provide endless ... we are now subs.cribed... we r.,;r:' even care if..
hawking: dow many fro., Liberty City nave you provic..•c for .
Mr. Taylor: Our club took the the Troop No. 40, Jasper Spencer, out of St. John
to E iict Kev-
1... c_�kins: No, no, no, hold it. Wait a minute. Let me be sure you under -
::at 1 ani saying. He just said that there are no members in his club be-
-..:sc and I a;.. paraphrasing it "we couldn't swim, or we couldn't sail, or we
et;ttera." I am saying, and you just said, that you contributed .O the
��. fun6, you contributed to that. Now, why haven't you gore to Liberty
..i:. te gotten a group of little Black youngsters or to Little Havana and got
a little underprivileged Latin and brought them back to this lily-white club
-,d taught them sailing?
Mr. Taylor: Mr. Dawkins, you dodn't understand me. Just recently we took Troop
No. 40, all Black, Jasper Spencer, scoutmaster, from St. Jo;,n's Church to Elliot
Key for a weekend.
Mr. Dawkins: Buz that is the weekend. I am saying a permanent thing where you
c..n teach an individual weekly and give...what the hell can they learn in a week -
A?
N.-. Taylor: They nad a campout, transportation, provided hotdogs.
Mr. Dawkins: Yes, you cook hotdogs and they had a good time. They still don't
kn3w anything about sailing.
-. Taylor: Well sir, I don't know anything about sailing either. I am the
Miami Gutboarc Club.
Mr. Jacoby: Mr. Dawkins, we have had Black youths in our p.an program. We
have han...... there .are members in the club and our plan program is open to the
entire city, at no charge, and there are and has been and mostly likely will be
Black youths in....
Mayor Ferre: You are missing, you are both missing the point i::,
that if you have a public property and it is not used by ze.m'ar- o= the Blacr. :.._
the Cuban community, you are missing the point.
Mr. Sorg: Mayor Fer- % .let me just mention that when4was a plan chairman
at the Coconut Grove oailing Club, we solicited the various Black organizations
in Coconut Grove for young children to teach sailing to, through Bille Rolle,
through all sorts of members of the Black community. We were not able, at any
time, after 3 years to get anybody except 1 Black child to take sailing. If
there is any way that the Commission can propose that this can be done through
a solicitation basis, these clubs will do it, I am sure.
Mayor Ferre: In other words, I think your point is that not only is the club
open, but that you have personally, as I understand it ... I know that that is
the case with Dick Taylor.
Mr. Sorg: For 3 years I tried. I was unable to get but one..
Mayor Ferre: He works very close with Reverend Thedford Johnson and the minister's
group I know on a weekly basis to try to get activity of the Black community
with the Outboard Club.
Mr. Sorg: For 3 years I was unable to get 1 child out of the Black community.
(INAUDIBLE COMMENTS - NOT ON MICROPHONE)
Mr. Plummer: Mr. Mayor, might I suggest that Mr. Taylor and Mr. Jacoby both,
if we in fact do what I think we are going to do and I will offer the motion
or anyone else that we approve these contracts based on the base rent of today,
effective March 1 until January 1, that in that period of time, that they come
back and address and show proof of the concerns of particularly Miller Dawkins
and the rest of this Commission, what they will be doing, if in fact we renew
their contract beyond January 1.
Mayor Ferre: Is that a motion? Alright. Now..
Mr. Carollo: lip for the discussion - what is the base percentage that we are
talking about now.
Mr. Plummer: ,'hat is included in the packet of today.
Mr. Carollo: We are talking about the 10'&.
Mayor Ferre: That is right.
Mr. Plummer: Joe, I am not happy with this. Okay? I think we should be getting
more, but I am willing to go along with it now until the 1st of January at such
time it will be re -thought and re -validated.
Mr. Carollo: And all the books are shown to us.
Mr. Plummer: Without question.
Mayor Ferre: I am going to vote against that and I want to explain why. But be-
fore I do, Mr. Harrison, I want you. Mr. Harrison, why don't you tell us whether
you and the administration, Mr. Manager are for or against this motion the way it
is proposed now.
Mr. Gary: We are supporting our initial position of the base rent or per capita
tax or the 10%. If you recall, you had us to hire appraisers to determine what
would be the fair return to the city, which is similar to what we do for other
water front properties and they came back with 10% as being a fair return and we
stand by our initial recommendation.
Mayor Ferre: Excuse me, Mr. Gary. Could we have silence back there? Go ahead.
Mr. Gary: And we recommend our initial proposal of the variations or combinations
of payments.
Mr. Plurmner: Mr. Gary, may I have a copy of those appraisals?
Mr. Gary: Sure.
Mr. Plummer: Are you telling me, Mr. Gary, that $13,000 is a fair l0 return on
41-, acres of water front property?
Mr. Harrison: Commissioner, if you look in the synopis sheet of your packet, you
will see where the $13,000 is more than 10% of their gross revenue.
Mr. Plummer: No, no, no. I am not talkinc about the gross; I am talking about
Oft
FEB 1982
Mr. Plummer: (con't) the gross. I am talking about 10 oi, the value of the
property.
Mayor Ferret Plummer, so we can get on to the voce on this this,
Mr. Taylor: They indicated in their report....
Mr. Plummer: Why the hell isn't it 10% of the property? It t*rev had to out
and buy property, they would have to figure more than iv%. tin_; investor
figures 10% on the return of his money.
Mr. Gary: But they would own it too.
Mr. Taylor: It is very simple, Mr. Plummer, because it isn`. L commercial
venture. It isn't even commercial. property-.
Mayor Ferre: Alright, Mr. Taylor, it is now 12:00 o'clock; we have a very long
agenda; it is now time to bring this issue to a head. I would like to just in
closing, so that we can vote on this thing, I would want to urge_ this Commission
to support the administration's position on this and to do it in such a way that
we authorize the manager to sign this thing, go to the Cabinet, get the waiver,
and in the meantime, that will give Dick Taylor and Mr. Jacoby time to come back
and wash out those things that are unfair. And I will vote with you 100%.
Mr. Plummer.; You understand the administration's position is a 17 year lease.
Mr. Harrison; It is a 3 year agreement, Co-nnissioner.
Mayor Ferre: That is a 3 year agreement.
.r, Harrison, : It is a 3 year agreement a:i<: at t:he end of 3 vt'r:r�, when they
come back with their financing and capital improvement prc,`t-:ct:,, then this mission can can grant them the 17 year extension.
Mayor Ferre: Alright, Mr. Paul, for the expression of let me get a
vote.
Xr. Paul: My name is Dan Paul, 19 Star Island. Mr. Mayor, I just suggested
that before you pass this, you ask your City Attorney to look into the question
as to whether this doesn't come under the charter amendment which you passed,
which prohibits the use of any private persons for any commercial use or manage-
ment of the city's water front property without the appraisals which you apparent-
ly had, but does not guarantee access to the public, and (2) without competitive
bids. I don't know enough about this operation to know whether this is a corr.-
mercial use, but it certainly is a legal question here, obviously. These are
private parties that you are talking about leasing it to, and I think you ought
to look into that.
Mayor- Ferre: Mr. Knox?
Mr. Knox: Our opinion was that there is a distinction between a private not -for -
profit corporation where the proceeds are not to enure to the benefit of the
operation. It is a matter of definition and if you will direct us, we will look
further into the question of this.
Mayor Ferre: Alright. Again, there is a motion on the floor by Plummner, seconded
by Dawkins that basically speaks to a base rent starting on March 1st on a 30 day
basis type of a thing.
:fir. Plummer: No, until January 1.
Mayor Ferre: I am sorry, until January 1. Now, the administration does not, as
I understood you, support that and requests that the Conmission back their posi-
tion, which in turn says - this i.s the document we go on; wt geL the Cabinet to
spprrve; once that is done, we will have enough time to wish out tha differences
that we have with Mr. Taylor and Mr. Jacoby and check the legality of it and we
will come back for discussion of those conditions.
'fir. Carollo: Mr. Mayor, we have a motion and a second.
M,�yc.r Ferre: _here is a motion and a second.
Mr. Carollo: I would — ce to make a substitute motion, if I may, that we defer
this item until later this afternoon so that I can get with the manager and try
to comprehend a little better, you know, what position the administration has
taken and what the motion is. I think there is a lot there that is in a gray
area and I would like to look at it closely before we vote on it. I think it
is a very important vote.
Mr. Plummer: The maker of the motion has no problem with that at all.
Mayor Ferre: Alright then, with that we don't have to take a vote on it, be-
cause the Chair will automatically rule that this item is now deferred until
a member of this Commission,or the member discusses this further with the mana-
ger for clarification and we will take this up later on this evening.
11. POLICY ON SOCIAL SERVICE CUTS - COMMUNITY DEVELOPMENT FUNDS.
A1'so see label 13 d 15 for continuation.
Mayor Ferre: Alright, take up Item "H" - Mrs. Spillman.
Dena Spillman: I will try to explain this as briefly as possible. At our last
meeting I indicated to you that the Reagan Administration had told us we had
to cut our social programs down to the same percentage amount as we had last
year, because our total community development grant had been cut and then we
had to cut some social services programs. Early this week I had a discussion
with the assistant secretary of HUD, Mr. Steve Bolinger and he informed me that
he would grant a waiver tothe City of Miami if the City Commission so requested
to allow us to utilize the same amount of funds that we used last year for our
social service programs.
Mayor Ferre: Alright, Dena, let me stop you right there and the gentlemen of
the Commission, I think that before we get into the particular issue of who
gets what money, I think that we ought to cross this bridge which is before us
now, and that is, to the same as other American cites, which is asking HUD to
give us a waiver so that we can spend the same dollar amount of money as we spent
last year on social programs. It has beer, moved by Dawkins and seconded by
Plummer. Further discussion on that motion? Call the roll on that.
- The following motion was introduced by Commissioner Dawkins, who moved its
adoption:
MOTION NO. 82-90
A MOTION DIRECTING THE CITY MANAGER TO REQUEST FROM HUD THAT
THEY ALLOW THE CITY OF MIAMI A WAIVER WHICH WOULD PERMIT THE
CITY TO USE THE SAME AMOUNT OF C.D. DOLLARS FOR SOCIAL SERVICES
AS USED BY THE CITY LAST YEAR.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre.
NOES: None.
Mayor Ferre: Now let's get to the specific issue.
Mr. Plummer: May I ask a question. Mr. Mayor, if we in fact are going to
have the same amount of dollars allocated as we did in previous year or as
projected for this year, why would it not be a logical conclusion that all
of those programs that were funded last year at budget time would be restored
to full strength until the end of this budget year?
38
FEB 11 1982
Mayor Ferre: Ladies & Gentlemen, that is the purpose of what we just did.
I mean, of course now - let's get into that issue.
Mr. Dawkins: But one thing we have to understand - have everybody under-
stand. We are restoring the same amount of dollars, but we are not going to
be receiving the same amount of services due to the inflationary measures, so
let's be sure that we all understand where we are and what we are doing, okay?
Mr. Plummer: And that of course also is my understanding that chat is only
until the 31st of September.
Ms. Spillman: Commissioner Plummer, this would be from the period of June 16,
1982 through June 16, 1983. That is our C. D. year.
Mayor Ferre: Now there are some objections to that and I think it is important
that we hear from the objectors. I know Archie 'Hardwick is here and Blanco
and others that are objecting to the statement you just made a little while ago
and I think we need to hear from them. Go ahead, Dena.
Ms. Spillman: Can I please give you our recommendation on this before we, be-
cause it may solve some problems.
Mr. Plummer: Why? I have already read about it in Me__ghbors.
Ms. Spillman: This is a different one based on..
Mayor Ferre: Well, give us your recommendation today.
Ms. Spillman: No. 1, we still feel that the County Accion should be cut. They
have admitted publicly that they don't need our $12,000. They have not spent
the money- we gave them yet this year, so that is $12,000. Secondly, I still be-
lieve we should cut the Graphic Arts Program in Coconut Grove. That program was
designed as a one-shot deal. It is done.
Mayor Ferre: How much is that?
Ms. Spillman: $50,000. Now of course, staff would continue to recommend cuts,
but I don't assume you would be interested in that, so I would like to go ahead
and ...
Mayor Ferre: In other words, what you are saying is that you are recommending
that we approve everything but the two programs which you Just outlined which is
a total of $62,000.
Ms. Spillman: Correct.
Mayor Ferre: However, I for one want to totally back you on that and I want to
tell you why. Many of you are here from Coconut Grove and I want to explain
something to you. Coconut Grove - the average around the city per capita of
the target areas is $9, $10, $11 - Coconut Grove is getting $83. It is so far
out of whack with what everybody else is getting, that it is 6, 7 times more.
I am frankly very, very disturbed that the people of Culmer, that the people of
Allapattah and Wynwood, and Edison -Little River are not getting a better pro-
portion of this. I think it is totally unacceptable to me and totally unfair
that..
Mr. Octavio Blanco: Don't forget to mention Little Havana too.
Mayor Ferre: I am sorry. Little Havana. Well, I mentioned Allapattah, Wynwood,
Little Havana. It is totally unacceptable to me that the monies that we distri-
bute are so far out of whack. I don't mind Little Havana and Culmer getting $11
or $12 and Coconut Grove getting $20. I do mind Culmer getting $10 or $11 and
Coconut Grove getting $83. That is just totally out of whack.
Xis. Spillman: Okay, if you will recall when we eliminated one of the business
groups in Allapattah, that funding was turned over to the Allapattah Community
Action agency for an elderly program. At that, the agency currently is not funded
,,t a level which will enable them to operate for an entire year, so in orw`er to
«:leviate that problem, they can operate through June of this year, they stared
lase. However, with their current funding level, they will not be able to operate
full year for the year which we are discussing.
Mayor Ferrc: Who is that?
1
Ms. Spillman: Allapattah Community Action. We are recommending $62,000 in.cuts
in order to make Allapattah Community Action whole. We would recommend that
$25,000 of that amount be given to Allapattah to make them whole, so to speak
and enable.....
Mayor Ferre: Now wait a minute. You are now recommending that the Allapattah
Community Action receive $25,000.
Ms. Spillman: Correct.
Mayor Ferre: Additional. Now, if you give them $25,000 more, what is that on
the per capita basis fr Allapattah, target area?
Ms. Spillman: Mayor, I would have to figure that out.
Mayor Ferre!. Well, how much are they receiving now? You have that in your memo,
because I read it.
Ms. Spillman: Allapattah's current per capita is $2.58.
Mayor Ferre: That is totally unacceptable. $2.58, and how much are they receiv-
ing now?
Ms. Spillman: The agency currently receives $89,800.
Mayor Ferre: So if they receive now, let's say $90,000 and you are increasing
that by $25,000 and $90,000 represents $2.58, that is about the lowest in the city
isn't it?
Ms. Spillman: It certainly is one of the lowest, yes.
Mayor Ferre: Now let's hear from the objectors. Go ahead, Mr. Blanco. Are you
an objector?
Mir. Blanco: Yes, Mr. Mayor.
Mayor Ferre: What is your objection?
Mr. Blanco: What I am objecting is the one as Mr. Dawkins said right there that if we
get the same amount of money that we got the last year then we have to cut off
service. We need close to $50,000 more.
Mayor Ferre: $50,000, more?
Mr. Blanco: More. Yes sir.
Mayor Ferre: Now what areas do you serve?
Mr. Blanco: We serve city wide.
Mayor Ferre: Does that include Coconut Grove and Culmer and...
Mr. Blanco: Everything within the limits of the City of Miami.
Mayor Ferre: We will come back to you in a moment. Let's hear the next objector.
Jose Mendez: We are going to be unusual. We are going to ask this Commission,
Mayor, to hold our money until the agency that I am currently funded right now.
We know how much you are proposing for us to get. We want to discuss this among
ourselves to see whether we can come up with a meaningful proposal to the Commis-
sion.
Mayor Ferre: Well what does that mean? I don't understand.
Mr. Mendez: That means that right now, if everything goes the way it is proposed
right here, we have no choice but to ... each one of the programs has said what
has been proposed. What we are saying to you is that we might be able to work
among ourselves some kind of priority in which we can come up to you perhaps
I
ater on and stay with the same amount of money that you are proposing for the
area, we might be able to work out a program.
Mayor Ferre: Is that acceptable to you?
_40 FEB 1
1 1 982
Ms. Spillman: Well, Mayor, what I would suggest is if you could approve this
today, and then when we come back to you with our full C. D. applications, that
they can bring the issue up and we could discuss it at that tize.
Mayor Ferre: Alright, next objector? Anybody else?
Ms. Carbonell: My name is Josefine Carbonell. I represent little Havana Acti-
vities Center. We have presently received cuts from the area agency on aging,
exactly with meals for the elderly. There was a problem encountering the Jesca
agency, which is a sister agency of ours, which they had to close their shop if
they could not come up, you know with monies to supplement their food. My re-
quest is 850,000 for food, no personnel, no transportation, notl_.ing. Just a
plate of food, which will be..
Mayor Ferre: Now what does Jesca have to do with this. I don': understand.
ik
Ms. Carbonell: Yes, the problem is that due to 4 agencies, our agency being one
of them giving money up to help Jesca not close its doors, we Inave been forced
by area agencies to close one of our sites effective February 28rh.
Mayor Ferre: In Jesca? Is is the Jesca site?
Ms. Carbonell: No, excuse me. This is little havana site, which is being served,
and is the St. Dominic which is within the City of Miami limits. And we are serv-
ing 130 meals. That is the only expense that we have there, and due to, you know
we have been willing and I don't want to take up more time then saying that we are
asking for food.
Mayor Ferre: 011-.ay, is for elderly?
Ms. Carbonell: For elderly.
Mayor Ferre. NL'xt speaker.
Mr.. Urra: (TRA.NS].ATION BY CESAR ODIO) My naMe is Orlancc Lira. Mr. Mayor anz
_ Co=issioners, for years now I know our elderly people were living with the hope
that they could buy for their homes articles of dire necessity. They came to
our center looking for activities within the centers. Today, everything has
_ changed. Our elderly people come to our centers 'Looking for food. The necessi-
ty is to eat, the necessity to survive. We have been a-fecte6 because of our
cut that we receive on our daily food. He is acting in behalf of the Allapattal-,
Community and in behalf of his program. $40,000, only for food for the elderly
people in the community of Allapattah.
Mr. Dawkins: Will you ask him for me approximately how many people does he turn
away a day that he cannot feed.
Mr. Some mays they refuse from 30 to 40. It depends, per day. More or
I
ess that is thc. average, but he gets new subscriptions every day. He gets 5 to
.0 ne,.: pec?le eery day.
Mayo: Ferre. Hoy; many people are you feeding now?
Mr. L'rra: We are feeling 160 people a day.
Mayor Ferret, 160. Alright now, as I understand it and josefina, maybe you cF:.
answer this, and I don't mean to be putting you on the spot, but several of .:.e
senior citiz--ns, when I went there several weeks ago came up to rue and said that
they understood that you were sending less food. I don't mean to get into an
intermural..
Ns. C.Lrbonell: 'its, I am sorry, I should have spoke on tha. and : forgot. D,.,e to
::,c c .t:. that, we have been made to do, with the meals projects, all the me:.is Lc -
cross t:ic b-oard, and that includes the Allapattah site h_d to be cut because we
.jr4 overspending.,.
r . -, rc: 'have you been reducing the food yoL are sending?
Carbonell: Yes.
Mayor Ferre: Now let me ask you - if we give you this additio:.tl $50,063,
t:.at mean that you are going to be able to send a little bir more food to tl.4 JC
people or do they still have to have these minimum....
Xs. Carbonell: no. This is what we were as:;ing. We are
41 r ED
Mayor Ferre: If we give you $50,000, will be be able to feed 160 people with—
out cutting down on the amount of food that they eat?
Ms. Carbonell: My food that I am asking for is the St. Dominic's site. Okay?
Mayor Ferre: That doesn't cover him. Now, Dena you recommended $25,000 for
Wynwood Action; would that cover their food request?
Ms. Spillman: That would just keep them at the level they are serving now.
Mayor Ferre: Alright, but then let me ask Urra. (COMMENT IN SPANISH) How much
do you need?
Mr. Urra: I need only for eating only, 540,000 a year
Mr. Dawkins: Will that permit him to feed 200. He says he is feeding 160 and
40 people hd'is not feeding. Will the $40,000 permit him to feed 200 people?
Ms. Spillman: He wants $25,000 and they can hold and $40,000 additional, okay?
Mr. Dawkins: So he is asking for $60,000 and that is what I mean.
Mayor Ferre: Wait a minute. Let me understand this right.
Ms. Carbonell: Okay, can I clarify?
Mayor Ferre: Alright, he wants $25,000 to make them hold, which is what you
are recommending.
Ms. Spillman: Exactly.
Mayor Ferre: And in addition to that he wants $40,000 so that he can feed addi-
tional people.
Ms. Spillman: I want to make one other thing clear that Josefina's agency,
Little Havana Activity Center is not a connunity development funded agency. It
never has been. It is not in this package, it is not..
Mayor Ferre: But they supply food.
Ms. Spillman: Yes they do. I just wanted to get that on the record. They get
funds from $105,000, from Federal revenue sharing and they get, they have other
sources of funds.
Mayor Ferre:
They get $105,000 from us, but they also get money from
United
Way. They also get money from Dade County and they also..
Ms. Carbonell:
No, not Dade County.
Mayor Ferre:
You don't get any money from Dade County? You told me one time that
your budget was in excess of a million dollars. Now, if we come up with $100,000,
$105,000, where do you get your other $900,000?
Ms. Carbonell:
No the problem is that you know, due to the cuts,..
Mayor Ferre:
Answer my question. Where do you get your money?
Ms. Carbonell:
We get our money from the area agency on aging, which
are aging
funds that have been present...
Mayor Ferre:
State funds?
Ms. Carbonell:
They are federal funds through our agency on aging.
Mayor Ferre:
Directly from the federal government. Okay.
Ms. Carbonell:
Right.
Mayor Ferre:
And, any other source?
Ms. Carbonell:
Our matching funds for the federal funds are from the
United Way.
Mayor Ferre:
How much do you get from United Way?
Ms. Carbonell: United Way we get $80,000.
.42
FEB 111982
Xayor Terre: i_zd the City of Miami?
Ms. Carbonell: And then the City of Miami funds 2 meal sites: Peter's Plaza
anthe blind program.
Mlaycr Ferre: knere is Peter's Plaza?
Ms. Cj.r'oonell: Peter's Plaza is at 191 N. E. 75th Street.
i _,th Street?
Edison - ;Little !Giver.
,y. ._:re: I., that Black, or Latin or mixed cr what?
Ms. It is mixed. It is a multi -ethic.
ay:._ Fzrre: A;,d where is the other one?
-Xs:*�-o-e11: The other one is at the Industrial Home fvr 7ho Blind. We feed
33-Deople, which is located in the Little Havana area.
:zrre: So you receive $105,000. You obviously are feeding more than 35
people and the Peter's Plaza.
Ms. Carbonell: Yes, we feed 1600 clients.
Mayor Terre: Okay, I understand now. Okay. Next?
Mr. Hardwick: Archie Hardwick, James E. Scott Community Association. I am re-
questing $50,000 for two centers. One is located in the Stirrup Center; another
is in the Culmer area.
Mayor Ferre: Stirrup?
X,r. rardwick: Stirrip.
Mayor Ferre: That is Coconut Grove.
Mr. 'hardwick: Yes, in the Coconut Grove area. I understand fror, the meetir.hs I
have had here with the city that they have certain rules & regulations and some
of thee; I disagree with. Their concern is that the county has built a new govern-
ment center located in the Culmer area. They have talked to the county. They
are not able to fund the social service or the senior citizen's program, and it
just seems ridiculous to me that these two centers will be in existence and peo-
ple won't be able to come in there to eat and they need food, so therefore we
=ade this request of $50,000 for both of these two centers. And in looking at
the book there, I saw no program being funded for those particular two areas
of senior citizens.
Ms. Spillman: If I may clarify two things on that. No. 1, Jesca is also not a
community development agency and never has been. They currently raceive $35,271
from federal revenue sharing to serve as a match to enable them to get other
funds. Also, as Mr. Hardwick has already mentioned, he is located in two zounzy
owned facilities. The county, I feel, has a responsibility also to fund this
program.
Mr. Hardwick: The only disagreement I have with that, it may be a county facil-
ity, but it is located in the City of Miami and the residents around there are
residents of the City of Miami and I don't see why they have to suffer base�"
o:. some kind of bureaucratic law.
M6. Spillman: No, it is the lack of funds.
:.-yor Ferre: Alright, next speaker. I would hope that we, as we spear:. evz:ry-
.,ody so far has spoken on new issues. I hope that when you speak in the Indus-
trial Home for the Blind that you don't get mixed up, because as of nigh: now
you have the funding and I want to make sure that you don't stumble our of beir.5
funded.
Mr. Rodriguez: No, no. I just want to make a question. I asked a cuestion.
The situation is that you have already approved to keep the funds like they sre.
ke don't have anything to worry then.
Ma or Terre: That is what I thought.
Mr. Rodriguez: That is my question. 43 FEB 11 1982
Mayor Ferre: Well, Lwculd say that as of right now, ',s you heard a little
while ago and if not will repeat again for you.
Mr. Rodriguez: I heard it.
Id
Mayor Ferre: The administration has recommended that we keep the funding as
it was last year with the exception of $62,000 that has been requested removed.
Now this Commission has not done anything other than that. Now it might. And
then you will have to be heard.
Mr. Rodriguez: Right, that is all I wanted to know, if it is still the same.
Mayor Ferre: As of now, yes. It may change in the next five minutes.
Mr. Rodriguez: My name is J. Rodriguez.
Mayor Ferre: Alright now. Yes sir?
THIS ITEM WAS TEMPORARILY DEFERRED TO AWARD BID ON PARKING BONDS.
12. AWARD BID: $10,400,000 PARKING REVENUE BONDS.
William R. Hough Co.
Mr. Rosencrantz: I am Randolph Rosencrantz, Assistant City Manager. Mr. Mayor
and members of the Commission, we have calculated the bids this morning on the
10.4 million dollar revenue bonds and we would like to report to you the con-
clusion of that tabulation and ask you to pass the appropriate resolution.
Mayor Ferre: Alright sir, would you quickly give us the tabulation so we can
move on?
Mr. Rosencrantz: The tabulations as the same as they were read this morning
with the City Clerk. We consider that we had a very good response to our
bidding process. To get 6 bidders in the market today is a very good response.
Mayor Ferre: Alright, Mr. Rosencrantz, I have two questions of you. I assume
that the Haugh Company was the low bidder?
Mr. Rosencrantz: The Hough Company was the low bidder. They had a successful
bid of 13.163 as an interest rate.
Mayor Ferre: Let me ask you this question. Is that close to the estimate that
you were hoping for? Or is it below?
Mr. Rosencrantz: It is rather significantly below the original estimate and
Mayor Ferre: What was the original estimate?
Mr.Rosencrantz: The original estimate was based on the assumption that the
interest cost would be approximately 14% for these bonds.
Mayor Ferre: Alright, so this is a fairly important break -through.
Mr. Rosencrantz: Yes.
Mayor Ferre: In your opinion. The second question I have for you Mr. Rosen-
crantz. I would like for you to report back to this Commission within the
next week as to what the latest comparable county bond issue was, because even
though, and I say this with all due respects to my good friends in the Miami
News, the newspapers of Miami do not report the continuing lower interest rates
that the City of Miami receives and that Metropolitan Dade County does not. In
other words, we are continually getting lower interest rates. Now, the editor
of the Miami Herald, and I will name him by name, Mr. John McMullen has an ob-
session of telling the community how financially bankrupt the City of Miami is
and cannot explain and does not even attempt to report the news accurately that
the City of Miami continually receives lower bids than Metropolitan Dade County
on interest rates and he and the reporters, who of course I don't blame them
because they are under orders from their editors not to report these issues.
44
Mayor Ferre: (con't)(41i'hey do not explain why it is tWIc the City of Miami
continually gets low bids.
Mr. Rosencrantz: I think there are probably 3 numbers that I could give you
now which I think would be of interest to you. One of the things that we _
traditionally do in the bond market is to compare ourselves on a national basis
with other issues of similar bonds. Last week, the bond market closed for revenue
bonds of this type...
(INAUDIBLE COMMENTS - NOT ON MICROPHONE)
Mr. Rosencrantz: Last week in the Bond Buyer the reported interest rate on
revenue bonds, which this is a revenue bond, the rate was 14.03%. The City of
Miami today sold at 67 points below what the national market was. If we were
to pay the going rate of last week's market, it would have cost us an additional
1.1 million dollars in additional interest over the life of the bond. The other
thing that I would point out to the Commission is that on some preliminary infor-
mation that I have, and we are not comparing apples to apples directly here, but
I understand that Broward County sold 40 million dollars in revenue bonds within
the last several weeks at an effective rate of 13.66%
Mayor Ferre: Did you say Brevard County?
Mr. Rosencrantz: Broward County.
Mayor Ferre: And what is their rating? Do they have a double A rating like we
do?
Mr. Rosencrantz: I think it was in short revenue bonds, but the same rating.
Mayor Ferre: For the record, Broward County has the same rating as the City of
Miami has. They pay... say it into the record so we have a record of it.
Mr. McDonald: My name is Bob McDonald, I represent James James J. Lawrey 6 Com-
pany, Financial Advisors to this city. Broward County sold a similar issue,
A -rated triple A, with the insurance and additional utility taxes backing the
bonds, 40 million..
Mayor Ferre: Apples to apples?
Mr. McDonald: Yes, apples to apples. The only difference which you may devise
is that there is a 40 million dollar issue as opposed to a 10 million dollar
issue and I would give a little bit of concession there. Your interest cost
is a 13.66. Ours is a 13.16.
Mayor Ferre. Thank you. Go ahead, Mr. Rosencrantz.
Mr. Rosencrantz: Dade County recently had a sale of 40 million dollars in bonds
and perhaps the bond counsel will comment on that. Their rating was a single A;
their effective rate was 14.11%.
Mr. McDonald: Mr. Mayor and members of the Commission, the issue is a little bit
harder comparing again apples to apples. This was an A rated Dade County housing
revenue bond. The average life is where we get into a difference in comparison.
The average life is around 8 years, substantially shorter than our average life
issue of 20 years, so that bears in their favor, but then A ratings were higher
rated and they sold it at 14.11%.
Mayor Ferre: Alright, so on the record, a question to Mr. Jim Hampton and to
John McFarland who are the ones who seem to have this obsession. Why is it
that the bankrupt City of Miami that is in such financial straits once again
ends up getting interest rates substantially lower than Metropolitan Dade County
and in the same type of an issue, substantially lower than Broward County. Maybe
they can answer that. They seem to insist on calling us the finacially bereaved
and bankrupt City of Miami.
Mr. Plummer: The answer is, it is comparing apples to sour grapes.
Mayor Ferre: Okay, what else do you have?
Mr. Carollo: You know, I think it might be worth our while to spend an additional
few dollars in that paper and put an ad to that effect, Mr. Mayor. It is the only
way that we can get our point of view across to that paper.
Mayor Ferre: We may be talking about that in a little while.
Mr. Rosencrantz: That is all today that
e have. 4r `
.4 �-.
s
Mr. Plummer: Wait a minute. Did I miss it? Are we buying the Herald?
What was Joe's proposal?
Mr. Carollo: Well, there have been people that have bought the Herald, I
understand J. L., but we certainly are not trying!
Mr. Plummer: I ain't touching that one!
Mayor Ferre: We are buying a page.
Mr. Rosencrantz: Except to point out to members of the Commission that the
range of bids I think was very close indicates a lot of interest in the City
of Miami by the bidders and again, to restate the fact that you did have 6
bidders on this kind of issue, I think is very commendable in this kind of a
bond environment. At this point, if the Commission will pass a resolution and
then the Clerk should be authorized to return the bid security to the unsuc-
cesful bidders.
Mayor Ferre: We are now on Item 27 and the only thing you have to do is
put in there the word "Hough Company", is that it? Is that right, Mr. Rosen-
crantz?
Mr. Rosencrantz: Yes, The resolution has been revised with all the pertinent
and correct data into it and the Clerk now has it.
Mayor Ferre: Would the Clerk pass it and make it available to the members of
the Commission so we can get a motion on this?
Mr. Ongle: Yes sir - you have it in front of you.
Mayor Ferre: Alright, will somebody move it? Is there a second? It has been
moved and seconded. Further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo , who moved
its adoption:
RESOLUTION NO. 82-91
A RESOLUTION AWARDING $10,400,000 PARKING REVENUE BONDS
(ADDITIONALLY SECURED BY NON -AD VALOREM REVENUES), SERIES
1981, OF THE CITY OF MIAMI, FLORIDA, AND SETTING FORTH
THE RATES OF INTEREST AND OTHER DETAILS RESPECTING SUCH
BONDS.
(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
Mr. Plummer: I have one question before the gentlemen leaves. Mr. Rosencrantz,
I am only questioning sir, the awarding of 10.4 million, yet the ordinance relates
to 10.2024 million.
Mr. Rosencrantz: That is the bid price. The difference between the 10.2 million
and 10.4 million is the sales compensation for Hough to resell the bonds. It is
known as a discount bid.
Mr. Plummer. In reverse.
Mr. Rosencrantz: They gave you a discount, that is correct.
Mr. Plummer: And then took $200,000. I can't live with those kind of discounts,
thank you sir.
.46
FE1. ; : -
id
13. CONTINUED DISCUSSION: POLICY ON SOCIAL SERVICE CUTS
C0IRMIITY DEVELOPMEUT FU2.DS
Also see labels 11 & 15 for continuation.
Mayor Ferre: Alright, Dena we have got to bring this to a head, because
we have other commitments at 12:30, so let's go ahead.
Ms. Spillman: Can I make one suggestion in terms of two agencies that are
funded through federal .. we have Jesca and Little Havana Activity Center,
whic4 are funded through federal revenue sharing. We obviously do not have
enough money to grant all the requests that we have heard. I suggest that
they come back during the F.R.S. funding cycle, which will be doing the sum-
mer, and make their additional requests at that time.
Mayor Ferre: Dena, I don't know what the will of this Commission is, but
let me tell you and you wanted to speak about the Industrial Home for The
Blind, so let's get that issue behind us.
Mr. Carollo: I think these people have been here most of the morning and it
is not fair that we make them wait anymore. What I would like to find out
Dena is what are they asking for exactly, the Industrial Home for The Blind?
Ms. Spillman: They are just asking to be funded at the same level that
they were funded last year.
Mayor Ferre: Which is $44,500.
Mr. Carollo: Now, let me say this first to clear the air. The City of Miami
is all in favor of providing service to our blind. In no way are we trying to
get away from that responsibility that we have. However, we do have a respon-
sibility to make sure that that agency, along with all other agencies that
receive our money is done properly. What I would like to ask you now Dena is,
I have been told that this agency is under investigation by the Secretary of
State's department fer allegation of the improper use of funds. Is this correct
or not?
Ms. Spillman: 1 know that they are under investigation. I do not know for what
reason.
Mr. Carollo: Is there a representative from this organization that would like
to speak? Name and address sir, home address.
Mr. Rodriguez: I an J. Rodriguez and I live at 4144 S. W. 97th Court.
Mr. Carollo: What 16 your function?
Mr.Rodriguez: I am t�:• secretary of the Board of Directors of the Home for The
Blind - Industrial )iome for The Blind. In answer to that question, we are not
as such, under investigation for malfunction of funds, never have been. It is
only a contradiction between the state, the way they run the blind foundation
and the way we run i.- here at Little Havana section and run it by the City of
Miami, the Industrial Home for The Blind. If I can point out here a memorandum
from Dena Spillman about the allegations that are being told and I would like
to make a little comncnt and we are victims like you and everybody here of
newspapers.
Mr. Carollo: I ar. r,ot Lalking about newspapers here.
Mr. Rodriguez: We!'-. : put it like that because it came out in the newspapers,
and that is why. ;:« are not under investigation for anything. It is only
the way we do the
Mr. Carollo: Then y_u are not under any kind of investigation? Or you are
under some kind of ::.ve:tigation?
Mr. Rodriguez: No. t is not an investigation from our funds. It is only a
misunderstanding. ':-,e City of Miami came and looked at the books and everyth_r.g
is perfect. Let mc>. vin..sh, if you don't mind please. The State of Florida had
the same type of re,.jest that we were not doing it right by some people by
some people that art agLinst it because of, if 1 could explain it, it would be
�,�sc c cou,)lc of sewn s, if you want me to explain that portion.
c "7 FEB i 1 1982
Mr. Carollo: You hafe')Lhe right to explain it sir. IWinat I frankly don't
understand is that you explained that you are under investigation and that is
a misunderstanding, but you are not under investigation.
Mr. Rodriguez: Yes, let me explain to you the problem. Yh e way we handle the
funds is this way: The State of Florida wants the Foundation for The Blind to
do same thing they do and which is to have the blind for 90 days, say goodby to
him, teach him a couple of things and then let him out on the streets. Now
the difference between them and us is that we don't throw him on the streets,
we keep him forever because he is here. We are teaching him to do things that
he never did before to get acquainted with the community. I have something
written here that would be able to read it in 2 minutes if you want to hear.
Mr. Carollo: When does your funding expire sir?
Mr. Rodriguez: June 30.
Mr. Carollo: June 30th of this year?
Mr. Rodriguez: Right.
Mr. Carollo: So we have plenty of time.
Mr. Rodriguez: Right. The way we do it, is we keep the blind for more than
90 days. We keep them forever because we give them social services. We take
them to hospitals, we take them to get the stamps, to get the low cost housing,
immigration, social security. We give them transportation, we take them to the
doctor, we take them to psychiatrist, to all of those things. They only want us
to do it for 30 days, for 90 days, like they do. That is the only difference.
We are not under investigation. We are clear by the City of Miami. We are
clear by everybody.
Mr. Carollo: Let me say this. You say you are not, but just last night I was
speaking to an investigator for the Secretary of State's department and he pre-
cisely told me this organization is definitely under investigation. Let me...
this is why I want to clear this up. If the information that I was given was
erroneous, I would like to get it cleared up.
Mr. Rodriguez: We are not under investigation.
Mr. Carollo: Air. Mayor, what I would like to do then is to defer this item since
they are not in jeopardy until after July until. we get somebody from the Secretary
of State's department here.
Mr. Rodriguez: We don't know that we are ... we have never been told that we are
under investigation. We have never received anything from the State of Florida
that we are under investigation. We are not under investigation. And here the
City of Miami clears completely - the one who gives the funds.
Mr. Carollo: What I am trying to do is devise the best service possible from
our money to the people that need them and your organization, or anyone else
that is blind in the .^.ity of Miami that would like to participate.
Mr. Rodriguez: That is our intention too.
Mayor Ferre: I think the request by Commissioner Carollo is reasonable
request. Now, this is not jeopardizing your funding until it is clarified. Now,
if somebody from the Secretary of State comes here and says that there is an in-
vestigation and that it is serious in nature, then we will deal with that issue
at that time. In the meantime, it is a request that somebody from the Secretary
of State's office come to this Commission and speak to the issue, in the meantime,
your funding is not in jeopardy until that point arrives.
Mr. Rodriguez: Okay, I am only defending the facts you know, that we are not
under investigation that we know of and with all the due respect, if that gentle-
men says that to you we haven't heard.
Mayor Ferre: I think you said that 5 times and the 6th time doesn't make it less
or more so.
Mr. Rodriguez: But he said it 4 times too.
Mayor Ferre: Well he is a Commissioner and he is requesting that somebody from
the Secretary of State's office come here to clarify. Once it is clarified, there
is no issue.
_48 F E B 11 i982
Mr. Carollo: The ei question that I have for yc o oday sir is what per-
centage of the peop a that you have in this program live inside the City of
Miami?
Mr. Rodriguez: Everybody.
Mr. Carollo: Everyone of them live inside the City of Miami?
Mayor Ferre: Dena Spillman?
Ms. Spillman: We will have the figure for you. Not all people do live in the
city and I will have the figure for you in a moment.
Mr. Carollo: How many people are involved in the program, Dena and how many
live inside the City of Miami?
Mr. Rodriguez: 95% live within the City of Miami.
Ms. Spillman: They have 78 clients and 60 do live in the city.
Mayor Ferre: 60 out of the 78. Now Dena, as I understand, the city administration
did make an investigation.
Ms. Spillman: In terms of our funds only.
Mayor Ferre: In terms of our funds and you found no improprieties from the
city's point of view.
Ms. Spillman: That is correct.
Mayor Ferre: Would you make sure that Secretary of State sends a representative
to this Commission so that it can be properly discussed?
Ms. Spillman: Yes sir.
Mr. Carollo: Mr. Mayor, I think that we have a great responsibility to clear
the air up on this issue and there are these kinds of allegations flying around
and if there indeed is an investigation to that effect, let's get it out in
the open and let's clear the issue because I don't for something to happen
with this agency or any other agency in the future coming back to haunt us.
There has been enough fooling around in the whole United States with programs in
the past that have not acted upon the level they should have. I am not saying
this is the case with them, but what I am saying is that I have a responsibility
to make sure that the air is clear and we have all the information that we need
before us. In no way are we going to throw these poor people to the wolves;
on the contrary, we are going to make sure they are taken care of one way or
another, but there is a big difference between taking care of the needy and
blind people or hungry people and taking care of the people that are administra-
ting the program. There is a big difference in that.
Mayor Ferre: Alright, I think that the point is well taken and I think that
unless somebody on the Commission has an objection to Commissioner Carollo's
request, then let it be assumed that this is the mandate of this Commission
to you.
Mr. Carollo: One additional thing Dena. Can you get for me the percentage of
the money in their program that is going to salaries.
Mayor Ferre: Alright, further questions on that issue? The issue is over. Thank
you very much.
(COMMENTS IN SPANISH)
Mayor Ferre: Alright now, we must move along. The only issue that is left open,
Dena, is the question of food. as requested by Archie Hardwick and Urra and
Blanco and - I am sorry, not Blanco, because that is not food, but Josefina
and the others that have made the request. Now, this is one voice out of five -
let me express it to you this way. J. L. Plummer, six years ago was the author
of a statement that food before anything else. And this Commission has been
under that mandate. Now, we have now been returned to the dollar funding that we
previously had. The question now arises that some people are requesting money
for food. Now I and you have offered to reduce this by $62,000 which the request
is $190,000. And not including the $25,000, so if you include that $25,000, it
is $215,000. Okay now, we cannot, in my opinion, we do not have sufficient monies
to meet the $215,000 worth of demand. However, and I say this with all due respect
to my friends in Coconut Grove who I love and I think are entitled. I don't mind
them getting twice the average; I do mind them getting 5 and 6 times the average.
.49 FEB 11 1982
Mayor Ferre: (con't) F..tever the average is per cap,(-", that we are giving
funding to the target 0 .er.s which are what, 6 or 7? 8. Now, my opinion is
this. I do not think that any area, I don't care where it is, should get any
more than perhaps 3 times the average of the others. If the average for the
other is let's say just for argument's sake $10 per capita or $15 per capita,
then I think it is alright for one area because it is especially deprived to
go up 3 times that, but I do not think it should go beyond that, so I would
just like to memorialize that in the form of a motion. If you restudy this
whole issue with the following concept; if you take your 8 target areas and
you take the average as you presently have it. Now I might say that obviously
the Coconut Grove figure of $83 will throw it out of balance, you realize that.
Even taking that into account, that no area should get any more than 3 times
the average of one of any area. In other words, let me remind you now how we
had target areas. Target areas are determined by poverty, is that correct?
Ms. S,pillman: Poverty population and condition of housing.
Mayor Ferre: Poverty population, I want to tell you that the people of Culmer
are just as poor and the people of Edison -Little River and Wynwood and Alla-
pattah and Little Havana are just as poor, are just as hungry, are just as
homeless and are just as overcrowded as the people are of Black Grove. And we
also have Black people living in Overtown. We have Black people living in
Edison -Little River and Jesca and Archie Hardwick here represents those, some
of those people, not all, but some of those people. Now, I for one, I am saying
it is one person here who is willing to give Coconut Grove much more than the
average, but it has to have a limit. If the people of Overtown and the people
that Jesca serves are going nungry and yet we are spending �L.5b in hdison-Little
River and less than that in Overtown and I'm sorry, I am not for the sports
activities in Coconut Grove and some of the other things that we are spending
money in Coconut Grove on at $83 per capita when we have people that Jesca is
not serving hot meals to.
Mr. Dawkins: May I ask one question, Ms. Spillman. Of the $83 that is spent
in the Grove, what percentage ..... okay thank you and sorry that we detained
you and had you sit so long. The next time we will do better, I promise .... of
the $83 approximately...
Blind Man: PLE,' FROM BLIND RESIDENT OF 14NDUSTRIAL hO.lE FOR THE BLIND TO
THE CO,LMISSION TO AID BLIND PEOPLE.
_ Mr. Dawkins: Okay sir, let me cut you off and tell you sir, that at no time
did this Commission intend to imply to you that it was interested in destroying
the home for Institution for The Blind. All Commissioner Carollo said was if
two X dollars are appropriated to the management of the Industrial Home for
The Blind, that the Industrial Home for The Blind receive two X dollars worth
of services. He did not imply at any place that this Commission would at any
time contemplate destroying Industrial Home for The Blind. So you can go home
and rest assured of that, sir.
Mayor Ferre: Alright now, Commissioner Carollo I pass the gavel to you and I
would like to make the following motion. I would like to make the motion in-
structing the city administration in the expenditures of $1,376,375; that
priority be given, as it has in the past for food, No. 1. No. 2, that no
geographic district of the 8 target areas receive more than 3 times the average
of the others. The others - you have to average excluding the one who is get-
ting the more. You average the 7 remaining and whatever that it, you multiply
it by 3 and that is the maximum that any district can receive. That is point
No. 2. Point No. 3, that absolutely no funds be given to any day care center
operation because we have a priority of hot meals and that the monies go to
feeding poor people who need hot meals.
Ms. Spillman: Yes, we do fund day care centers.
Mr. Plummer: How much out of this comes?
Ms. Spillman: Centro Mater $64,300. Little Havana Community Center Child
Care, $69,500.
Mr. Plummer: So that would be cut out, according to the Mayor's motion?
Mayor Ferre: Let we explain it to you this way..that the child care center be
secondary to the feeding of people.
Mr. Plummer: Okay, Mr. Mayor please, I am not disagreeing with you. I am just
trying to understand your motion. If I understand your motion, it would cut out
at this point the Centro Mater• and the Community Center Child Care and the
.50 F E 8 11 1982
.21
Holy Cross. Now, Mr. Mayor...
•
Mayor Ferre: Let me explain to you what the intention of this is, that we
first of all feed people who are hungry. No. 2, that we secondly take care
of the needs of senior citizens. No. 3, that we take care of the needs of
children, of poor children, which is day care, but that it be done on a basis
other than day care center which we have been time after time again repeating,
that this Commission cannot fund kids who are receiving....it is costing $3000 a year
a year as you and I have pointed out for services. Those monies should be
expended for entities such as Centro Mater who are not using it strictly on a
day care center basis of $3000 per capita. In other words, what I am saying
is that we utilize...I don't mind funds being utilized for poor disadvantaged
children, but I think it cannot be based on the basis of $3000 per child when
we have others who are in need. I think that Centro Mater, for example, to
use a case in point, is not involved in that kind of a process. So I don't
think that they are going to have any problems, if you follow. In other words,
what I am trying to say is that I have no objections to out of the $1,376,000
that we spend a significant amount of money for needy children. I do have an
objection when it based on $3000 per child when there are thousands of Black
and Cuban and other and Puerto Rican children who are in need of service and
who cannot receive the service because of the per capita expenditures and we
can no longer afford in this city to provide baby sitting services for working
mothers and fathers at the expense of other children who are not being serviced.
Mr. Plummer: How are we going to address the main problem in that area and
that is from federal revenue sharing of $500,000?
Mayor Ferre: In the same way.
Mr. Plummer: Okay.
Mayor Ferre: All I am saying is, for those day care centers that are self-
sufficient, I have no problem with that and I have no problem funding Centro
Mater, for example, to give a case in point, on the basis of a couple, three,
four hundred dollars per capita for each child, which I think you are going
to find that they meet. I do have an objection to paying $3000 per child for
baby sitting and day care centers for working mothers and fathers when there
are thousands of children who need, and if we distributed that money in a dif-
ferent way, we would get much more usage of those funds. I am sorry.
Mr. Perez: Mr. Mayor, that is only for tomorrow. That is also for disabled
families and that is for low income people and I think that child care in
this area has to be a priority. Maybe we will have here about 100, 200
children, but I would like that these people - I think that we will have peo-
ple from Centro Mater, maybe from other child care centers. I would like
that they have the opportunity to explain their priorities.
Mayor Ferre: To simplify the issue, let me take that as a separate issue.
Let me just remove that for the time being, and I just make the motion based
on 1 & 2. In other words, the two statements that I made about hot meals and
about no geographic area and then I close my motion with that. Then I want to
make a separate motion about day care centers.
Mr. Carollo: There is a motion. Is there a second? Discussion on the motion?
Mr. Dawkins: These services to the elderly - that will include, I asked you
before, what percentage of that $83 that is given to the Grove area, given to
the clinic and what portion of that $83 goes to social services?
Ms. Spillman: 50% of the funds go to the clinic. 25% goes to the Miami Mental
Health progratu and 25% goes to the crime prevention program.
e
Elizabeth Verrick: May I ask then in what way does that affect the family
clinic?
Ms. Spillman: We don't know yet.
Mr. Plummer: It is restored.
Mr. Dawkins: None whatsoever, I am hoping, Mrs. Virrick.
Mrs.Virrick: Well if you are cutting it down from what Maurice says they are
getting now to what he says they should get, does that mean that every agency
in Coconut Grove is cut proportionately?
51 FEB 11 1982
Mr. Dawkins: No ma'am, there is a possibility that as we look at, we may,
as a Commission, and this is my personal opinion, we may decide that the crime
prevention is less important to us than the health clinic and we would be in
favor of the health clinic.
Mayor Ferre: I will tell you right off the bat that that would be my position.
Mrs.Virrick: Does that mean that you are going to decide that now, or will we
hear about that later.
Mayor Ferre: You will hear about it later.
Mr. Plummer: Elizabeth, at this point, everybody's funding is going to remain
intact as it was before, at this point.
Ms. Virrick: Thank you. And then, when will we know when the point changes?
Mr. Plummer: Just don't ever close your ears.
Ms. Virrick: I never do.
Mr. Carollo: There is a motion and a second. Further discussion? May we have
roll call.
The following motion was introduced by Mayor Ferre, who moved its
adoption:
MOTION NO. 82-92
A MOTION INSTRUCTING THE CITY "TANAGER THAT, IN CONNECTION
WITH THE EXPENDITURE OF $1,376,000 FOR SOCIAL SERVICES,
PRIORITY BE GIVEN AS FOLLOWS:
1) OUR CITY'S NUMBER ONE PRIORITY SHALL BE "FOOD"; AND
2) THAT NO GEOGRAPHIC DISTRICT OF ANY OF THE EIGHT (8)
TARGET AREAS SHALL RECEIVE MORE THAN 3 TIMES THE
AVERAGE OF ANY OF THE OTHERS.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre.
NOES: None.
Mayor Ferre: Alright Mr. Carollo, I am going to make another motion, but be -
foe I do that, I want to ask Dena Spillman - there are 3 day care centers that
we deal with.
Ms. Spillman: In community development.
Mayor Ferre: In C.D.
Mr. Plummer: There are 3 or 4 additional in federal revenue.
Mayor Ferre: I will address those secondly. Now, we have Centro Mater, alright?
We have Little Havana and we have Holy Cross.
Ms. Spillman: Holy Cross in the Wynwood area.
Mayor Ferre: Now, how much do we give Centro Mater?
Mr. Plummer: $64,300.
Mayor Ferre: Is that used strictly for day care center services?
Ms. Spillman: I believe they use it for an after school care program.
Mayor Ferre: Alright, now see, that is different. That is a very different thing.
I got no problems with after school care. There is a difference between day care
centers and after school care. I have got no problems with after school care
.52 F E B 19
11 82
because that is on a per capita basis substantially less, right Dena?
Ms. Spillman: It should be.
Mayor Ferre: That is what I want you to come back and address to me. Now, the
little Havana Center?
Ms. Spillman: That is child care.
Mayor Ferre: That is day care?
Ms. Spillman: Correct.
Mayor Ferre: Full day care operation? How many children is served in that?
56 children. Okay. Now, the next one is Holy Cross Day Care Center for
$128,000. How many children are served in that.
Ms. Spillman: I will get the information for you. I don't have it on the top of
my head.
Unidentified Speaker: 60.
Mayor Ferre: Now, don't get involved in this.
Mr. Plummer: Let me ask the people of the Community Center child care - yes,
you that just perked up then. What other funding do you get?
Ms. Spillman: Catholic service bureau.
Mr. Plummer: What other funding do you get besides the $69,500? You have 58
kids?
Mayor Ferre: I will tell you what. One of the members of the Commission has an
appointment at 12:30, which he is a half-hour late to. We will continue this
discussion, J. L., after we convene again. In the meantime, Mr. Manager, and Ms.
Spillman, would you get together with these 3 day care agencies and I want you to
describe how they function to me because it is my intention to make a motion
that we limit whatever it is that we give out on a per capita basis. In other
words, that it is per capita cost of children served is $300 per child, that,
in other words I do not want to be funding things that Centro Mater gets $200
per child and Holy Cross gets $1500 per child, no more. If the average is $300,
then everybody gets $300. That is it.
Mr. Gary: You want to discuss this when we come back.
Mr. Carollo: Alright, Mr. Manager, we will reconvene at 3 o'clock in the after-
noon.
THEREUPON, THE CITY COMMISSION WENT INTO A BRIEF RECESS at 1:05 P.M.
reconvening at 3:00 P.M. with all members of the Commission found to
be present.
.VV
F E 6 11 1982
14. PLAQUES, 'PROCLAMATIONS AND SPECIAL ITEMS
A. Plaque presented to Mrs. Cesar La Monaca in memory of her husband's
half century of musical service with the City.
B. Commendations presented to Officers Rodney Barreto and Pedro Saavedra
for invaluable services on behalf of the community.
C. Proclamation declaring the year 1982 as Korea Year on the 100th
anniversary of the first treaty between Korea and the U.S.A.
presented to the Honorable Dong IK Lee, Consul of Korea.
D. Proclamation declaring March 13, 1982 as Saint Patrick's p2.Z presented
to Mr. John Shields.
E. Proclamation declaring March as Famili Health Month presented to Mrs.
Jessie Trice, Executive Director of Family Health Center.
F. Proclamation declaring February 24, 1982 as Student Solidarity Day
for Soviet Jewry presented to a group of students from Florida Inter-
national University and the University of Miami.
G. A Resolution of Condolences introduced by Commissioner Plummer and
seconded by Commissioner Dawkins expressing condolences to the family
of Saralee Weintraub.
15. CCNTINUED DISCUSSION: POLICY 01; SOCIAL SERVICE CUTS, COMMUNITY
DE%TLOPKENT FUNI - Also see labels 11 s 13 for continuation.
Mayor Ferre: Item h, Mr. Manager, Dana Spillman was going to come back with
some information on the levels. Ms. Spillman?
Ms. Dena Spillman: In regard to your questions this morning regarding Day
Care I have some statistics for you. the Lentro Mater Program is an after
school care program and a summer care program and it is not a traditional
eav cure nroeram
Mayor Ferre: What is it?
Ms. Spillman: It is an after school and summer care program, Central Mater.
It's cost per client is $2,096.
Mr. Plummer: Is that just City funds or total funds?
Ms. Spillman: That's their total cost per client. The City fund cost per
client, our portion of that is $490.84.
Mayor Ferre: And the total cost is how much?
Ms. Spillman: $2,098 per child per year and it is just after school care,
it's not full day care.
Mr. Plummer: What do they consider, is that like from 2 in the afternoon
to 6, is that 4 hours a day?
Ms. Stillman: It's 6 hours a day, 1 till 7.
Mr. Plummer: Now, let me just understand because the Mayor seemed to make a
big distinction between day care schools and what he referred to as a baby-
sitting service. Would you try and classify these children as it relates to
the Mayor's comments of the difference?
64
0 0
Ms. Spillman: This is not just a baby sitting service, I mean they provide
activities for the children, they attempt to educate them, they're not just
sitting there making sure they don't hurt themselves
Mr. Dawkins: But is the after care program for working mothers or for what?
Mr. Perez: Mr. Mayor, I think that we have here Miriam Roman who is the
director of the program.
Ms. Spillman: Yes, I think Mrs. Roman....
Mr. Perez: Maybe she can give us more information.
Mayor Ferre: Well, I don't know whether we're going to be able to solve
this today and I'll tell you why. I frankly, Miriam, thought that it was
a lot less and we don't want to do any harm to these children but I must
share with you, I've got to tell you that there are thousands of poor kids
in this City that really need some kind of attention and I think, I realize
that this is due to federal regulations or what have you, but with all due
respects to you, to Little Havana and to Holy Cross and the other day care
centers that we spend thousands and hundreds of thousands of dollars with
and I would rather serve 1,000 children with $300 a year than 100 children
with $3,000 a year. See? And the problem is that what we're doing in the
.City of Miami is we're serving hundreds of children with 2 and $3,000 a year
rather than thousands of children with hundreds of dollars. And I think it
is unfair to the children that aren't being serviced. I know it is great
for those lucky that get into the system where we're spending $3,000 of the
taxpayer's money, $2,000 or whatever, to help these children but I think
it is terrible that there are so many children who need it and don't get it
and won't get it that frankly we don't have enough of those 2 and $3,000 per
children moneys available to do the job. So we're just serving a lucky few
who happen to be lucky enough to get into these programs.
Mr. Plummer: How many children are there involved in this particular program?
Ms. Spillman: The average daily attendance is 131.
Mr. Perez: Yes, but I think, Mayor, that it is important to recognize the
credit, the dedication of Centro Mater for more than 10 years. I think they
have earned a strong reputation in this community....
Mayor Ferre: Wonderful, the best.
_ Mr. Perez: ... And I think that after school care program means a contribu-
tion to crime prevention and it is not only a child care program, you know,
child care, after school care programs are very important to this community
at this time and that's an established program for more than 10 years and I
am a witness of the effort of Mrs. Miriam Roman and all the members of that,
they are paying a great contribution to our community. They have some kind
of support from HRS but that's not enough, I think that the City of Miami
has to be strong in that issue.
Mr. Dawkins: Mr. Mayor, I agree with Commissioner Perez but with the Reagan-
omics and the budget cut it is time that we bite the bullet first. Now, we
have to say to staff "You've only got x-number of dollars. With this x-number
of dollars we expect you to serve the maximum amount of students in Miami" and
that is what I'm saying to you, Dena, that I would prefer that you find a day
care center that services youngsters that $300 a year per youngster than to
find me one that is serving a youngster at $2,000 per year, I don't care where
it is.
Mr. Plummer: Miller, my dear friend, I have heard that story nine years in
a row.
Mr. Dawkins: But I've only been here one year so you've only heard it once
from me so bear with me for one year.
Mr. Plummer: No, I welcome because I've been the outsider for nine years.
Mr. Mayor, I'm just going to make one statement. As you said earlier in the
day, it was almost correct because I have two.priorities and Dena has heard
this for nine years and nobody is ever going to prove me wrong on that state-
ment and that is that first and foremost we're going to feed the hungry and
we're going to take care of the sick and any other money left over we'll
talk about if there is. As I sit here today and I listen to the people who
are asking for these different grants of money I'm not thinking about today,
.55 FEB 11 1982
that's not my concern •cause the moneys are here today, we get the waiver
and everything is rosey for the rest of this year and maybe a little bit
into next year. And I'm not saying that I fully disagree with what Ronald
Reagan is doing, something has got to be done, whether he is doing it right
or wrong we'll have to see and I'm sure there are going to be a lot of ad-
justments made. But I want to tell you something, the day is coming, as I
told you before, Maurice, that this place is going to be packed with people
that are hungry and there is nothing in this world that is more dangerous
than a man with an empty stomach. And I want to tell you those days are
right around the corner as far as what I see. Now, it is nice to have
after school care, it is nice to have School Resource Officers, it is nice
to have transportation for the elderly, it is nice to have all of these
programs but I'm scared, I want to tell you I'm damned scared that we're
right around the corner from all of these programs and we're not going to
have enough to feed the hungry. And you know, when you start putting two
and two together it ain't coming out four, it's coming out three and two
and a half and the day is way past due that priorities... And I'm talking
about setting those priorities now, not government by crisis when the day
hits and we've got people standing outside saying, "Where's my food?".
You'd better start addressing that problem right now and be prepared and if
anything happens for the better God bless you and God bless us but from
what I'm looking at coming down from Washington, you'd better be prepared
for the worst because there are some awful dark days coming.
Mayor Ferre: What are you saying?
Mr. Plummer: Mr. Mayor, I'm saying that we have got to go through every one
of these programs and we have got to start putting these people on notice
that coning down here to this Commission Meeting and getting up and making
their very impassioned pleas, those days are just about over, it ain't going
to work any more and I think this Commission is going to have to be strong,
very strong to stand up and say to the people, "We're going to take what
:Honey we've got and we're going to feed the hungry and we're going to take
what mo.%ey we've got and we're going to take care of the sick" and I'm scared
there ain't going to be nothing else to talk about. Hopefully we're going
to have that much. But 1.1r. I'layor, what you're doing right now, you know I'm
in a unique position, I agree with you, as I have on this issue for years...
Mayor Ferre: We've agreed for nine years and we keep on voting.
Mr. Plummer: ....and I acree with Demetrio in what he says. No one can
deny the great great job that Centro Mater has done nor others in this com-
munity, I can name them right on down the line. But the days of paying
$2,000 for a child when we have other people standing up here, and Mayor,
they told you, they didn't tell me in the recent election, that their food
supply has been cut down. I think it is high time that this Commission has
got to set its priorities.
Mayor Ferre: Let me put it to you this way, Dena, I don't know whether those
people were lying to me.....
Mr. Plummer: But the woman admitted she said that and it was true.
Mayor Ferre: I know, but I mean I'm talking about not the people who are
servicing but the actual old people who walked away and said I didn't get
fed today, I didn't get to eat today. Now, I don't know if that is going on
or not or whether people are lying or exaggerating or what have you but in
the face of that kind of a situation when an older person is saying, "I
came down to eat and there was food for 160 and 30 people had to'walk away
hungry" that's something that we need to concern ourselves with. Now, on
the other hand, there are an awfully lot of poor children in this community
who need some kind of attention because otherwise we may be creating prob-
lems so that if these children end up out on the street and getting into
the crime cycle it is cheaper for them to be helped now than later on,
incarceration costs the State of Florida $20,000 per year per person and a
lot of these kids are going to end up in jails in and out. Now, the middle
ground as I see it, and we may not be able to do anything about it today,
February llth, 1982, but we have to address it by the next budget year, Dena.
Ms. Spillman: We have to address it by the next Commission Meeting.
Mayor Ferre: Let me tell you we've have got to, I realize that they need
$2,000 for each child but we just don't have that kind of money and we need
to figure out, they're going to have to expand their program and maybe
instead of having one supervisor for every 20 children it would have to be
5 FEB 1 1 1982
A$
one supervisor for 40 children. It is the HRS rules?
Ms. Spillman: Then they'd lose all their money.
Mayor Ferre: Oh boy. And they're getting moneys from HRS?
Ms. Spillman: There are state standards that day care agencies have to meet,
if they don't meet them they don't get their money and they don't get licensed
as a day care center.
Mr. Plummer: No, it's not where we get caught, it is where the kids get
caught.
Mayor Ferre: Well, it is the same thing. I don't know what to tell you.
Let's hear the other program and we'll take it from there. So the Centro
Mater again is $2,000.
Ms. Spillman: $2,098.
Mayor Ferre: Per child, that's after school care.
Mr. Plummer: $2,100. Does that include a food supplement?
Mayor Ferre: How many hours is that?
Ms. Spillman: Six hours during the school year and eight hours during the
summer where they're there all day.
Mayor Ferre: Okay. And this includes one hot meal?
Ms. Roman: One supper and one stack during the fall and breakfast, lunch
and a snack in the summer.
Mayor Ferre: I thought this was after school.... Oh, in the summer it is
a full day.
Mr. Dawkins: During the school year where are they prior to entering the
school?
Ms. Roman: At the school. These are school age children.
Mr. Dawkins: And these schools do not have after care programs that they're
coming from?
Ms. Roman: No, they don't.
Mayor Ferre: These are children that are going from their homes to the
school to the after school centers for six hours and then back to their homes
in the early evening.
Mr. Plummer: Let me ask you, are there any of these children that are in your
school during the day that go to the other program in the afternoon?
Ms. Roman: No, we receive the children from the school to the program.
Mr. Plummer: You don't have a regular school program?
Ms. Roman: No, we don't have a regular ......
Mr. Plummer: You're strictly after school care.
Mr. Perez: The don't have a private school, what they have is a social service
agency, they don't have any competition with public schools....
during the day time and what they receive there is after school care.
Ms. Roman: I would like to emphasize the aspects of the crime prevention
program. If that is one of the most highest problems that the City of Miami
has, I think that our program really has a very good chance for the bright
children to improve their style of life. And on the other hand for the work-
ing parent it is a very good opportunity to be able to work and if you've got
that type of service it is like a service.
Mayor Ferre: Yes, but please don't misunderstand. I have no problem with
the Centro Mater, my only problem is that instead of 60 children I wish you
with the same money, I'm sorry, instead of 130 that you with the same amount
of money could take care of 500 children.
.57 F E B ► 1982
Ms. Roman: The problem, Mr. Mayor, is that the figures of $300 per year is
not an actual figure...
Mayor Ferre: I'm sorry, I picked that out of the air. It may be 500 or
600....
Mr. Dawkins: Let's see if we can't get a figure. Mr. Lou Tassey, will you
come to the mike, please. Off the top of your head, Mr. Tassey, approximately
what does it cost to keep a child in the Dade County After School Program for
a child for a year approximately?
Mr. Tassey: I believe, maybe you're got a figure here, but I believe we're
spending around $550 to $600, I haven't computed it but I think it is some-
where in the ...
a
Mr. Plummer: Mr. Tassey, before you sit down, sir, let me ask you this ques-
tion. You say your spending, that's roneys that we give you, right?
Mr. Tassey: No, that's moneys, that's a combination of funds that comes
from the City and from parents who pay fees.
Mr. Plunmer: That's what I wanted to get to.
Mr. Tassey: The City's share would be a little bit less than that per student.
Mr. Plummer: Well, the question I really was getting to, Mr. Tassey was....
Ms. Spillman: $888.
Mr. Plummer: okay, the point I was trying to get to was this: What kind of
fees do you charge for your kids and does your program have a maximum income
of the parents?
Mr. Tay-sey: It does not have: a --aximum inccme of the parents but the fees
are on u sliding scale sc....
Mr. PluruTier: What slides the scale?
Mr. Tassey: The amount of income that a person earns.
Mr. Plummer: And what is the maximum? Is it maximum $888?
Mr. Tassey: There isn't any.
Mr. Plummer: Is it a percentage of their income?
Mr. Tassey: No.
Mr. P1w=. er: Well, how is it determined?
Mr. Tassey: It is determined on the basis of the income levels, the number
of persons in the family, the number of kids in the program and the amount
of income and it is a sliding scale and it goes up....
Ms. Spillman: Commissioner, if a family made a half a million dollars a
year their child can still participate in this program.
Mr. Plummer: I understand, but what is their fee as opposed to a person who
makes $6,000 a year?
Ms. Spillman: They would pay the full fee. a
Mr. Plummer: That's what I was asking, what was the maximum fee.
Mr. Tassey: About $50 a week for a child.
Mr. Plummer: For 52 weeks?
Mr. Tassey: That would be per week.
Mr. Plummer: Would you send me a copy of how your formula is and how it is
derived?
Mr. Tassey: Dena has a copy of the sliding scale. People at the lower end
of the scale pay smaller amounts, 3, 4, 5, $6...
.58 FEB 11 1982
Mr. Plummer: We have cut you out, effective next year.
Mr. Tassey: Your proposal is to phase us out, that's why I'm here.
Mr. Plummer: Well, my understand is regardless of what action we took today,
you are cut out as far as City funding is concerned.
Ms. Spillman: Commissioner Plummer, that is a separate item on this afternoon's
agenda for resolution.
Mr. Plummer: In reference, Dena, to the $1,376,000 does not address them?
Ms. Spillman: No, they are funded through Federal Revenue Sharing.
Mr. Plummer: Oh, all right.
Mayor Ferre: Okay, well, you were going to tell us about the other programs.
Ms. Spillman: Very quickly, Catholic Service Bureau, Little Havana Day Care
which operates out of our Community Center, 50 children per day at a cost of
$2,851 which includes breakfast, lunch and a snack. It is 11 hours, there's
a potential for a child to be there from 7 A.M. until 6, it's 9 hours, I'm
sorry. Holy Cross Day Care located in Wynwood is a higher cost, it's $2,983
per client, 52 clients and they are open 10� hours.
Mayor Ferre: So for 52 children we're almost paying $3,000 a child for the
52 lucky kids.
Ms. Spillman: That's correct.
Mayor Ferre: Now how are the 52 lucky kids chosen?
Ms. Spillman: Well, every agency has their own policy, I assume it is a first
come first served.
Mr. Plummer: Yes, but you see, Maurice, what you're saying here, ever. if we
use these statistics on their face we, the City, would be better off giving
moneys to the School Board because compared to the other it is 3 to 1. If we
were to take the money of Holy Cross and give it to the School Board based on
these figures of $880 as opposed to $2,983....
Ms. Spillman: You know the differences is in overhead, I mean these agencies
pay rent, they pay a lot of things that the School Board and the City don't
have to pay, our day care is lower than these costs.
Mayor Ferre: Yes, but look, Dena, the problem is this. We have limited dol-
lars available. Okay? Now, there are 10,000 children or 5,000 or 2,000 or
whatever it is that want and need these kind of services. Now, our responsibil-
ity in local government is to get the maximum bang for the buck. Now, if group
"A" be they the school entity or the Catholic Church, can render a service for
$600 per child and another group "B" can render it for $3,000 per child - this
is the same argument we went through, Mr. Manager, with that job training thing
and why we ended up with Garces and all these other entities not being funded
and we went to the Junior College and funded them because Miller Dawkins, I
guess you couldn't vote, but somebody around here said, "Well, how can you de-
prive 400 people from being trained and placed because you want to give it to
a private agency?". You know, if what we're doing here is worrying about the
children then how can we then worry about those who are rendering, are we pro-
tecting the people that are rendering the service to the children or are we
protecting the children? That's the issue. And if the Dade County School
service can render the same service for $600 per child then how in good God,
good conscience can we give these agencies and let them do the same thing for
$3,000 or $2,000?
Ms. Spillman: Dade County only provides After School Care, they do not provide
Day Care and it is cheaper than Centro Mater but they don't provide Day Care.
Mr. Plummer: The same old story, Dena, holds true, and I've made this story
before and I'll continue because it happens to be the truth. The School Board
has their responsibility, they are at 6 mills, they can go up in their millage
and we can't. Now, it just seems logical for some reason they're trying to be
the good guys and say "We're not going to increase the cost to the taxpayers
but send them over to the City, let them increase their taxes". Well, we've
been at 10 and we can't go no more, that's it. The turnip has run dry.
.59 F E D 1982
i
Mayor Ferre: I'll tell you I don't think we can all of a sudden take an
ax and chop these programs down and I think for us to then continue....
Let me do it this way. I would like to pass the motion, Dena, that the City
of Miami go on record as of right now that the upcoming fiscal budget year,
not this year because I think we just can't do it right now, that we are
putting all of these day care services on notice that we will not go over
the average of the most efficient of whatever entity is willing to render
the service. And you're going to have to set up the standards for it and
if it happens to the school system and they can do it for $600 and somebody
else wants to do the same thing, apples to apples for $3,000 then we're going
to have to go with the least expensive. That's (1) and (2) we cannot do
all things for all people at all times and in these difficult days we're not
going to be able to take a child from 7 O'Clock in the morning until 10 O'Clock
at night off of a family, and I'm sorry, we're just going to have to deal with
that and we're only going to have, I think we're going to have to limit our
help to that which gives us the most advantage and these day care centers are
going to have to change their format, they're not going to be able to take
children from 7 to 10. They're going to have to limit their services in the
afternoon or some time when these children are out of school and that is it
and I so move that we set that as a policy for the next fiscal year. We may
not be able to do it this year but we're going to have to do it next year and
you've got plenty of notice between now and October.
Ms. Spillman: They would be subject to this in June.
Mayor Ferre: June, I'm sorry, between now and June so be warned and readjust
your schedules.
Mr. Perez: Mayor, in the future why don't we have in mind to go out for a
public bidding?
Mayor Ferre: Fine, I don't care how you do it.
Mr. Pert2z: I think in that way maybe we can be more accessible to all the
neighborhoods and it will give the opportunity to everybody to try to bid
for than service.
Mayor Ferre: All right. Dena, the third thing that I would like to include
in my motion is that this be done on a fair basis. If we have 8 poor target
areas i.,—,miami and we do this equally I think it is wrong for us to do this
in Wynwood, for example, and not to have that service available for people
in Little River or Allapattah. I think we have got to do it so that it is
spread equally, whatever monies we have we're going to have to make sure that
we don't select one area and give them all kinds of preferences over another
area. So that's the third condition that I would like to put. Mr. Manager,
is there anything else that you think we should?
Mr. Plummer: Question. Mr. Mayor, does that include the Federal Revenue
Sharing day cares operated by the City of Miami?
Mayor Ferre: Oh yes, sir.
Ms. Spillman: As well as the ones operated by outside agencies through Revenue
Sharing.
Mr. P1u.Taner: That we subsidize.
Mayor Ferre: Oh yes, ma'am. And I would say that for those day care centers
that are charging fees - that should be the 4th consideration - that we have
to take that into account. In other words, for those that are self-sustain-
ing and if their budget is $300,000 and the users are paying $250,000 and it
requires $50,000, in other words that be part of the formula, in other words
that if somebody is leveraging for us and we get $5 to our $1 then I think
that has got to be taken into account. But for those who are not leveraging,
now the only problem with that is that that eliminates the poor people and
we may be defeating our own purpose so that may have to be weighed again, I
don't ki,ow. It certainly is not our intention to help middle and upper in-
come pec:ple when there are low income people who aren't getting services and
that has to be weighed. I so move.
Mr. Plummer: Second the motion.
Mayor Ferre: Yes, sir.
Mr. Octavio Blanco: Mr. Mayor, are you referring to the total amount of money
.60 F E B 11 1982
4
of the Federal Revenue or just the social services? Because I do believe....
Mr. Plummer: We're speaking only to day care.
Mr. Blanco: No, when we said we would try to divide it on an equal basis accord-
ing to the target areas, is it only going to be for social services or the total
amount?
Mr. Plummer: We're dealing with day care.
Mr. Blanco: It's $10,000,000 there, are we going to divide that $10,000,000
equally?
Mayor Ferre: We're talking now in this motion to day care, that's all.
Mr. Blanco: I. think you'd better take into consideration, Mayor, all of that
money from Community Development be divided equally.
Mayor Ferre: That was previously done in the previous motion.
Ms. Spillman: No, that's another issue that is involved in our Community
Development application for next year which you will hear in April, it is a
separate issue completely.
Mayor Ferre: We'll deal with that when it comes before us. Right now we're
dealing with day care centers. All right, can we call the question? Joe, I
made the motion so you're chairing.
The following motion was introduced by Mayor Ferre who moved its
adoption:
MOTION NO. 82-93
A MOTION OF INTENT OF THE CITY COMMISSION INSTRUCTING THE
CITY MANAGER:
a) TO INSTRUCT ALL SOCIAL SERVICE DAY CARE OPERATIONS THAT,
IN CONNECTION WITH THE UPCOMING FISCAL BUDGET YEAR, THE
CITY OF MIAMI WILL NOT GO OVER THE AVERAGE COST OF MOST
EFFICIENTLY RUN DAY CARE OPERATIONS IN CONNECTION WITH
SERVICES RENDERED;
b) THAT BECAUSE OF CURRENT FISCAL RESTRAINTS, THE CITY OF
MIAMI WILL NO LONGER BE ABLE TO RENDER ASSISTANCE IN
THE CARE OF CHILDREN FROM 7:00 AM TO 10:00 PM; and
c) THAT THESE PROJECTED CUTS BE ADMINISTERED EQUALLY AND ON
A FAIR BASIS IN ALL OF THE TARGET AREAS OF THE CITY.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
Mayor Ferre: Is there anything else, Dena? We didn't solve very.much today.
Ms. Spillman: We'll be back.
Mr. Plummer: Well, Mr. Mayor, let me.... Dena, I hope that I speak, I hope
this letter that you send out to these people properly puts the blame where
it should be and that your letter should start and indicate to the people,
the recipients that every indication from what is happening in Washington,
we, the City of Miami are going to be greatly affected which would affect
you and we are putting you on notice as of now that due to these major changes
in Washington that we are going to be forced to be making major changes. I
sure hope that you put the blame where it belongs.
Mayor Ferre: Yes, and I tell you, going back to J. L. Plummer's statement
of S or 6 years ago when his little girl was going to St. Stephen's, she's
in high school now, that tells you how long ago this was. And his little
girl was going to St. Stephen's day care center in Coconut Grove.
.61 FEB 11 1982
Mr. Plummer: And I was paying less.
Mayor Ferre: And in those days he was paying, and I remembe, the figures,
$1,000 and we were giving $3,000 to do the same thing through these agencies
and this is seven years later and we're still there.
16. APPROVE LEASE AS AMENDED: MIAMI OUTBOARD CLUB.
Mayor Ferre: Did we get items 35 and 36 resolved?
Mr. Carollo: I move that we accept the Manager's recommendation and get a 10%
across the board fee.
Mayor Ferre: There is a motion that we accept the administration's recommenda-
tion on it. Is there a second?
Mr. Plummer: Well wait a minute, Joe, are you speaking of the three year term
or one year?
Mr. Carollo: What I am sneaking of, J. L., is a three year term with a 10%
across the board on everything, that's what the Manager has recommended.
Mayor Ferre: And the otnr-r things that the Manager has outlined.
Mr. Carollo: I'm only talking about three ;ears.
t•Ir. Plum.mer. 17kay, but Excuse me... .
Mr. Carollo: The Manager included the pos--ibiiity of an a.ad.itional 17 years
if and when. I'm only limiting that to the three years.
Mr. Plummer: Joe, my concern was over the terminology gross income very
obviously left out of their terminology as to what constitutes gross was dues.
Mr. Carollo: But gross income, J. L., I think any attorney would judge that
includes everything.
Mr. Plummer: But they're not including that, that was my gripe before. The
dues that they receive is not part of what they want to consider as gross and
that's where I had the hang up.
Mr. Carollo: Well, why can't we get a legal opinion from George there?
Mr. Plummer: Well no, the City admits that they did not include dues. It
isbar......
Mr. Gary: Well, make a modification to his motion and put dues.
Mr. Plummer: Well, he's the maker of the motion, I'm asking of a clarifica-
tion.
Mr. Carollo: Howard, do you have any idea how much their dues are?
Mr. Gary: No, but let me, if I may, Vice -Mayor Carollo, we have a graduated
scale, we have no problems adding the dues if you want to, our basic position
is that the appraisal that we made said that 10% is a fair return and I think
we cannot go against that.
Mr. Plur.mer: 10% of what?
Mr. Gary: Of gross revenue.
Mr. Plurnmer: Well, the word gross you interpret differently than I do.
Mr. Gary: we will not oppose, if you want to include dues in that you'll
have no opposition from us, we want to get a fair return.
62 FEE 11 1982
- j ♦ �JUL _
t
/`
Mr. Carollo: I think we should, Howard, because I'll tell you why, if it
weren't for the facilities that we are giving them I don't think they could
charge those kind of dues because nobody would pay them.
Mayor Ferre: Okay, then items 35 and 36 are amended. Now, as amended, is
there a second to the motion that Commissioner Carollo is making?
Mr. Perez: I second.
Mr. Plummer: I want to put a proviso on there that I have to be forwarded a
copy of the appraisal of both pieces of property, all appraisals.
Mayor Ferre: All right, and that before this goes into effect members of the
Commission will get the appraisals and in addition to this that you will come,
that we have time because this has to go before the Cabinet.
Mr. Gary; Yes, sir.
Mr. Carollo: And we're talking three years, Howard.
Mr. Gary: Yes, sir.
Mayor Ferre: Is there anything else?
Mr. Plummer: The only thing I would like is for the administration, since they
have the capability to calculate for me.... Sill, how much is it on let's say
the Outboard Club, how many acres?
Mr. Harrison: It is 4.7 if I recall.
_ Mr. Plummer: Okay, I would like for you to equate for me and send to me what
4.77 acres of waterfront property would bring into the City in just ad valorem
taxes.
Mr. Harrison: Yes, sir,l we can do that. If I may clarify one item though.
_ The reason the appraisers used 10% of gross revenues, the way the club derives
their revenues is from the sales that occur in their restaurants, the bar and
their storage.
Mr. Plummer: And their dues.
Mr. Harrison: Yes, sir.
Mayor Ferre: Now amended.
Mr. Harrison: Yes, sir. So the appraiser said recognizing that these were non-
profit social service type clubs that the revenue stream that they were able to
produce was a fair rate of return at 10%. Obviously, if you could put a condo
there it would be much more.
Mr. Plummer: No, I'm talking about raw land.
Mayor Ferre: Could we move along now? Any further questions?
Mr. Carollo: Just one final clarification, Mr. Mayor. The motion only includes
three years, nothing of the additional 17 years.
Mayor Ferre: Is that correct? In other words at the end of three years the
City can stop, right?
Mr. Gary: After three years we have to come back to you.
Mayor Ferre: All right, further discussion?
Mr. Plummer: The only thing, I should not be talking for Miller Dawkins, but
there was some concern when are they going to come back and demonstrate to
this Commission that they are moving in the area of Mr. Dawkins' concern?
That's not included in the motion.
Mr. Gary: If I may, Mr. Mayor, that is a part, a condition, of their lease
agreement and if they do not comply they will be penalized accordingly.
Mr. Plummer: One thing is complying and the other demonstrating.
Mayor Ferre: Further discussion: Call the roll.
63 FED 11 1982
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 62-94
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO THE
ATTACHED LEASE AGREEMENT WITH THE MIAMI OUTBOARD CLUG PROVID-
ING FOR THE LEASING OF CERTAIN DESCRIBED CITY OWNED SUBMERGED
BAY BOTTOM LAND AND SHORE LAND FOR A PERIOD OF THREE YEARS;
FURTHER AUTHORIZING THE CITY MANAGER TO INSTITUTE LEGAL AC-
TION TO REMOVE THE CLUB FROM SAID LANDS IN THE EVENT THAT THE
CLUB DOES NOT EXECUTE SAID LEASE AGREEMENT WITHIN 30 DAYS.
(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.
17. APPROVE LEASE AS AMENDED: MIAMI YACHT CLUB.
Mr. Plw aner: I'm going to vote yes, Mr. Mayor, let me bring up another point,
and I'm not trying to stop the roll call. I hope we realize what we're doing
to these people that, you know, they both have expressed that they want to
upgrade their improvements and their dockage and everything, by a three year
limitation they are not going to be able to do financing on bonds so I'm con-
cerned about that.
Mayor Ferre: J. L., no question about it but there is no way that we can
give them, you can't have your cake and eat it too.
Mr. Plummer: That was why I proposed January 1 but go ahead.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 62-95
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
THE ATTACHED LEASE AGREEMENT WITH THE MIAMI YACHT CLUB
PROVIDING FOR THE LEASING OF CERTAIN DESCRIBED CITY OWNED
SUBMERGED BAY BOTTOM LAND AND SHORE LAND FOR A PERIOD OF
THREE YEARS; FURTHER AUTHORIZING THE CITY MANAGER TO INSTI-
TUTE LEGAL ACTION TO REMOVE THE CLUB FROM SAID LANDS IN THE
EVENT THAT THE CLUB DOES NOT EXECUTE SAID LEASE AGREEMENT
WITHIN 30 DAYS.
(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.
04
F E-B 11 1982
i
•
18. APPROVE SETTLEMENT WITH MIAMI DOLPHINS.
Mayor Ferre: We're now on Item "F" which the settlement with the Miami
Dolphins. Mr. Manager.
Mr. Dawkins: Move.
Mr. Carollo: Second.
Mayor Ferre: It has been moved and seconded. Is there further discussion?
Do you want to add anything to it?
Mr. Plummer: Oh yes, sir.
Mayor Ferre: Mr. Plummer, the Chair recognizes you.
Mr. Plummer: Mr. Gary, sir, I don't think you were the Manager at the time,
it was very clear in the record, very clear, the cost of the equipment would
be burdened on the people who were given the contract.
Mr. Carollo: Yes, well, you'd better get ready to sue Joe Grassie.
Mr. Plummer: That's not a bad idea either.
Mr. Carollo: We're going to lose a suit against Robbie, we might win against
Grassie, I don't know how much we could collect out of him but we're losing
against Robbie.
yr. Plummer: The point I'm trying to make, Mr. Carollo, I see here that
they have withheld our money.
Mr. Gary: Yes, sir.
Mr. Plummer: What interest are they paying us on that money that they have
been illegally withholding?
Mr. Gary: No interest at all.
Mr. Plummer: None. How much money is it, Mr. Gary?
Mr. Gary: The total amount is $451,831.
Mr. Plummer: At 13.6%, how much money are we giving them, Mr. Gary?
Mr. Gary: Let me get my calculator.
Mr. Plummer: Yes, please do. Also calculate how much money we are taking
and we are less receiving based over their pro-rata. I think the public
is entitled to know how much this Commission is subsidizing that beer opera-
tion in the Orange Bowl. Now, they came here and they said they would pay
for the equipment, just let us do it, we'll pay you 35% of gross receipts
when another company offered 45, the other company said it couldn't be done
but it was and now we're talking about what, $200,000 more money? How much
more are they now saying the equipment costs?
Mr. Gary: It costs $269,313 more than the original cost of $330,000.
Mr. Plummer: Did we calculate the original or did they?
Mr. Gary: We did.
Mr. Plummer: We did? No, we did not. They brought in a man from Budweiser
who testified on their behalf as to what the cost would be. Fe stood at
that microphone and I listened to him. Okay? Now, let me tell you something,
I pay for my mistakes, they pay for theirs. Now, I don't think it is fair
to this community to ask them to pay $269,000 to subsidize Mr. Robbie in
his beer sales. I don't think it is right for the citizens of this community
to have to pick up $451,000 of interest that we could have collected on that
money and you're suggesting and recommending that we waive that money. Now,
65 FE6 11 1982
I don't know how much, • jou have that calculator working?
Mr. Gary: I'd like to respond when we give you that information.
Mr. Plummer: Well, I'd like to know a total figure.
Mr. Gary: $61,200......
Mr. Plummer: So we're giving him $269,000 outright as a gift and we're giving
him $61,000?
Mr. Gary: $61,200.
Mr. Plummer: Okay, that's $330,000 more dollars than he agreed to. He stood
before this Commission and said to this Commission, "I can do it."
Mr. Carollo: Mr. Manager, isn't it a fact that Mr. Grassie under his capacity
as City Manager without our authorization butstill, nevertheless, he gave Mr.
Robbie the go ahead?
Mr. Gar::: Yes, he did, sir.
Mr. Carollo: Therefore, regardless of whether we gave him the go ahead or not
we still would be liable.
Mr. Gary: Yes, Mr. Grassie, working as the agent for the City who was directed
by the City Commission at that time to negotiate the installation of the beer
at the Orange Bowl gave Mr. Robbie the authority to put the beer dispensing
machines regardless of what the costs would be with the understanding that any
cost overrun would be negotiated between the two parties after the beer dispens-
ing machines were installed. Now, Mr. Grassie says that he has done that but
he did not give Mr. Robbie a blank check for that, we were both sharing the
costs and we have tentatively negotiated the fact that the cost should be borne
50,150 between the City and Robbie so that no one gets the upper hand on
the other.
Mr. Carollo: So the situation we're in is either we go along with this or we
sue Grassie and Robbie sues us.
Mr. Gary: That's correct.
Mr. Plummer: But what did you negotiate, if nothing more than the interest of
the money of our's that he has withheld for all these months? Is that deducted
from the 50/50 split?
Mr. Gar:: No, Mr. Plummer, the agreement that we have with the Miami Dolphins,
the agrt�ment specifically does not have any provisions for penalties for late
payment which is something that was an oversight many years ago.
Mr. Plummer: Well, Mr. Gary, I understand what you're saying about that, but
isn't it a fact that if any other concessionaire in this town was 30 days in
arears of paying the City what is due and owing that they would no longer be
the concessionaire?
Mr. Gary: That's correct, but there are some mitigating circumstances in this
particular case in view of the fact that the agent of the City, namely the City
Manager at that time gave authorization for Mr. Robbie to proceed with the under-
standing that if the cost exceeded $330,000 that we would bear the costs.
Mr. Carollo: Plummer, make the motion to sue Grassie, I'll second it. Make
it, come on. I figured that.
Mr. PliuT:rer: Mr.. Gary, what happens if we don't... There's nothing to stop
you from making such a motion. You've got so many defeats, it makes no dif-
ference. what happens if we deny this?
Mr. Gary: Well, if we deny it, first of all, Mr. Robbie will not pay not only
the $451,O00, he will not pay the difference between 451 and the 134, then we
would have to take Mr. Robbie to court. Now, you must understand that there
were some other side issues that were involved and that were negotiated out
as a result of this. One of those issues being the fact that Mr. Robbie al -
ledges that he did not make the amount of income he could have made because
we did not prepare the beer dispensing areas on a timely basis, therefore, he
lost revenues and, therefore, he is entitled to some type of judgement for
these losses of revenues. My negotiations with Mr. Robbie was that if we
66 FEB 11 1982
settled this that he would throw out any kind of suit or complaint against
the City with recards to delays in preparing those beer dispensing areas.
Mr. Plummer: I still ask the question, I wonder and I'd love to see Joe
Robbie as City Manager.
Mr. Gary: He'd be rich.
Mr. Plummer: He's a hell of a negotiator.
Mr. Carollo: You'll never have the guts to fire him either so what the heck.
Mr. Manager, one question if I may.
Mr. Gary: Yes, sir.
Mr. Carollo: Back when that contract was originally negotiated, inasfar as
there was no clause on a penalty and interest for late payment, do you recall
who were the members of the Commission back then that approved that?
Mr. Plummer: I was, Maurice Ferre, Manolo Reboso, Theodore Gibson, and Rose
Gordon.
Mr. Carollo: Not Joe, not Miller and Demetrio. Thank you, sir, I just wanted
it cleared up for the record.
Mr. Plummer: The record is very clear.
Mr. Carollo: Any further discussions? Hearing none, can we have roll call.
The following motion was introduced by Commissioner Carollo who moved its
adoption:
MOTION NO. 62-96
A MOTICN OF THE CITY COM2%14ISSION ACCEPTING A PROPOSED SE':TLE-
b1ENT WITH THE "MIAMI DOLPHINS" AS RECOMMENDED BY THE CITY
ATTORNEY AND THE CITY MANAGER.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES:
Commissioner Miller J. Dawkins
Vice -Mayer Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez
ON ROLL CALL:
Mayor Ferre: Now let me understand the issue. We are now voting on Item F
and whether or not to accept the $451,831.43 as a settlement on this issue,
whether or not Mr. Robbie is going to be requested to pay interest on the
amount that he has withheld.
Mr. Carollo: That's correct, Mr. Mayor, the vote is 2 - 2.
Mayor Ferre: I understand. Now, let me express my opinion on this so that it
is clear on the record. Mr. Joe Robbie is not one of my favorite people in
Miami, as you know, I have a high regard for him anyway despite that. And I
am not one of Mr. Joe Robbie's favorite people. I noticed that, for example,
on his wall in his office in the times that I have been there he has a picture
of himself and every mayor of the City of Miami that he has dealt with except
one. He has a picture of Bob High, may he rest in peace, he has a picture of
Steve Clark and he has a picture of Dave Kennedy but he does not have a picture
of Maurice Ferre and I think that tells you a little bit as to how he feels.
Mr. Carollo: Well, what's worth more, Maurice, a picture or a contribution?
Mayor Ferre: Well, he has contributed to everybody and I think he has contri-
buted in every case.
Mr. Plummer: Uh-uh.
67
F�� 11 1982
Mayor Ferre: Well, you haven't run for Mayor yet, Plummer. When you run for
Mayor we can talk about it.
Mr. Carollo: He knows who the winners are, Plummer.
Mr. Plummer: Yes, but you notice all the pictures are past Mayors.
Mayor Ferre: Now, Mr. Robbie has not been totally fair and he is a good tough
hard bargainer and negotiator. In this particular case we are not totally
innocent. We did mak3 some commitments about the fact that we would finish
the job within a certain amount of time and we didn't do that. Now, we can
argue back and forth as to whose fault that was, we also made some other com-
mitments that we were unable to keep. I think that if we don't settle this
what is going to happen is this: We're not going to get the $451,000, and I
don't mean to cast any disparaging remarks to our City Attorney, Mr. Clark,
or anybody else but I know that Mr. Robbie's attorney is Bob Shevin. Now, I
ask you honestly whether you think Bob Shevin is going to be able to get the
attention of the judge and whether or not the City is not going to be at the
losing end one more time as we have been in the past in our battle with Mr.
Joe Robbie? Now, that may be a rather poor excuse and that isn't the reason
why I'm voting with the maker of the motion, the reason I'm voting with this
is because I think we need that money, I think that this is something that
has two sides of the issue and I think that we would stand a more than fair
chance from the facts that I know of of losing it in court and in view of that,
with tt:c: knowledge that I have of the deficiencies that the City of Miami was
responsible for I think it is best for us to settle this and mark it up one
more time as something that will contribute to experience and, therefore, I
vote with the maker of the motion and with the administration to settle this
issue.
i LONG DISCUSSIC:. ITE::: GARBAGE AND TRASH COLLECTION
(a) Hire additional inspectors
(b) Advise Public of schedule
(c) bring alternatives to straw vote
Mayor Ferre: All right, we'll now take up Item "I" which is the trash and
garbage collection in the City of Miami. Now, in the interest of time, Mr.
Manager - Plummer, don't go because we're going to settle this very quickly.
It is my understanding, and this is just from rumblings that I hear, is that
there are three members of this Commission who are opposed to our changing
our system and as I understand it, both Demetrio Perez and I are the only two
that are for the garbage system being changed. Now, that being the case,
there is no use our going into a long long hearing, Peter. In other words,
I think you have the support of three members of the Commission. So there is
no use that we go into a long long discussion of this if you already have the
votes on this Commission on this particular issue. I would like, however,
and Patterson, if you would, please, Mr. Patterson and Mr. Howard Gary, seeing
that you do not have the votes on this and seeing that we have a serious prob-
in garbage collection and trash collection, we must revert back to a weekly
system and that is going to cost us several hundred thousand dollars.
Mr. Gary: Millions.
Mayor Ferre: A million dollars?
Mr. Gary: It is going to cost $2,000,000.
Mayor Ferre: All right, now we really are at a crisis point and what is hap-
pening, if we do not vote for a change in the system, Mr. Manager, can you think
of any place that we can get $2,000,000?
Mr. Gary: No, sir.
Mayor Fc-rre: Now, the only way we can, therefore, improve our trash and garbage
collection, and I know that Commissioner Barbara Carey is here to speak on that
and others who were incensed at the terrible trash and garbage situation in the
City of Miami. And the only way we can change this is, as I understand, unless
somebody comes up with a new idea, is by increasing the number of times that we
pick up garbage and trash and the only way we could do that is by finding addi-
tional n;oney. And since we don't have any money in the City, and we've got to
do it by either increasing the fee or increasing something because where is the
00 FEB 21 1982
- - - - ,- - _113 UL
money going to come from? I'm sure that the status quo is not acceptable to
this Commission. Now, I'll recognize the members of the Commission. Commis-
sioner Carollo?
Mr. Carollo: I have an idea that might go along in helping solve part of the
problem. I think insofar as the garbage collection issue goes, that is not
the area where we've been getting complaints. I think that our garbage collec-
tion twice a week has been fairly well done, I don't hear complaints of that.
Our people get there twice a week, they do a good job. Where we're getting
hurt is the trash collection. We're getting a lot of trash thrown in the
streets, that's where we're falling behind, instead of going in some neighbor-
hoods once every two weeks it is once every month, sometimes longer. What I
would like to propose to the Commission is the following: We presently only
have seven inspectors for this sort of thing, my understanding is that the
starting pay is approximately $13,000 a year so in essence we could get an
additional seven inspectors to bring it up to 14 for under $100,000 a year.
I think if we would go into every neighborhood and the streets and implement
an ordinance and inform the people that we will pick up the garbage every
two weeks or every one week or every three weeks, but give them a definite
time when our trucks will be going through that neighborhood and then only
on the day or the day before that the trucks are supposed to go through partic-
ular neighborhood can the people throw the trash out. I think that would go
a long way in solving our problems. The only way that that could be enforced,
however, is by having additional inspectors out there, and inspectors that are
going to be willing and able to fine people if they don't abide by the law.
What's happening now is even if we would change the law to a weekly trash
pick-up the trucks would come and the minute they were gone somebody would
throw something else out in the front of the house. So you're defeating the
purpose no matter how much we change it around. The only what that that
could be solved is by implementing an ordinance such as this where they could
only bring their trash out the day before it is supposed to be collected in
their neighborhoods and if someone in that neighborhood does not abide by
that, have enough inspectors out there that are going to go to that house and
fine the people.
Mr. Dawkins: Mr. Mayor, may I extend the courtesy to Commissioner Carey so
we could hear her and then I'll speak, please?
Mayor Ferre: Of course.
Commissioner Barbara Carey (Dade County): Thank you very much, Mr. Mayor,
Mr. Vice -Mayor and other Commissioners. You know I have enough problems over
to the County and this must be very important to me to be over here to the
City. You know I haven't been here since the last time I was here talking
about garbage collection and laying -off sanitation workers, that was my last
time here at the City Commission so you know this item must be very very im-
portant to me. One thing that I cannot stand is to have a trash littered
community, a community in which I have to live. You know, I feel that people
run away from their communities, people in the past have run away from com-
munities because they cannot stand the deterioration of the community. And
this has certainly led to a ghetto -like community in which I live. Now, I
am not here blaming the City for what has happened in our community in terms
of trash and garbage because I think they have done an admirable job picking
up trash and garbage. They have come when they were supposed to come, now
sometimes they have been behind schedule but they come and I applaude you for
the efforts that you made a couple of weeks ago in putting on a program where
you have picked up the garbage, the debris on the parkways more frequently.
I think you have had trucks out there at least on an average of twice a week.
Well, that is commendable. Mr. Vice -Mayor stated the problem to you correctly,
that is not helping the situation I feel. People put our garbage or trash
on the parkway and if you picked up every day they feel that that is encour-
agement to put it out the next day and we have a serious problem in that com-
munity with debris and trash on the parkway. Now, I came here to ask you to
enforce a get touch enforcement policy in terms of garbage and debris on the
parkway. If you would come out in that community now, and I invite all of you
to come out there, there are pot holes on every street in Liberty City, pot
holes where those big cranes come out and pick up trash and garbage and leave
big holes. That is one problem we have. The second problem is people cannot
distinguish between trash and garbage. They put trash and garbage on the
same pile up against the light poles. I think people think that the light
poles are there to put trash and garbage against and it's not but by the
mere fact that we pick up from those places it encourages them to rut the
trash and garbage out there. I live close to 46th Street and if you go 46th
Street west you will find out that you have a community called Little Haiti
and because people haven't been educated on how to handle their garbage and
.69 _ FEB 1 1 1A82
� CN
trash. That community ocr there is deplorable. I mean so much trash and
garbage is over there until you can't even ride the streets. And I would
beg and ask you to do something to help us enforce the Code so that people
will not put that in front of their houses and on the street. In fact, I
wish you would even ask them not to put it out there period and maybe adopt
a policy where if they have pick-ups that they would call in and you would
come and make those big pick-ups. Now that is the problem, see, they put
mattresses, stoves, refrigerators, everything they can find out of their
houses on the street, the next day or the same minute the trash truck leaves
the neighborhood. So having the trucks out there does not help. You've
got to have an enforcement policy, you've got to make people abide by the
law by slapping a fine on them or telling them that they're going to be fined
if they put the garbage or the debris on the parkway. So I'm asking you to
please enforce the Code. Now, I'm very familiar with that Code because I
have bEen following this and tracking this for years. I've been in that com-
munity 19 yeas, when I moved there originally you could not find any trash
and debris put-on that parkway, nobody put trash and debris on that parkway.
Since the community has gone majority black people are allowed to put their
trash and garbage on the parkway and it is actually causing another ghetto,
another slum in this community and I'm appalled by it, I don't appreciate it
and I wish you would enforce the Code. You need to have inspectors come out
there and Mr. Patterson knows me quite well, I think I call his office as
much as anybody else who does complaining about trash and debris on the park-
way and I just cannot stand it and I would like for many of us who take pride
in that community, love that community, to stay in that community. But I
cannot stay when I am surrounded by trash and garbage and I don't see why I
should be forced out of my community because the City of Miami does not en-
force the Code and I think I pay enough in fees for you to enforce the Code.
I say keep these workers on, let them stay on and continue to pick-up in the
back yards because that's not going to help us either. You know what is
going to happen? That garbage is going to be placed in the fronts of the
houses on the parkways, the dogs and the cats are going to get into it and
it is going to be scattered all over the community and nobody is going to
pick it ,:p because those people do not have the kind of pride instilled in
them as in other communities and forget it about having the trash and debris
put in :_ags. You see, w�. don't live in a community where people can afford
bags every week, and you know those bags are very costly, to put their gar-
bage in to put it out on the parkways. You can forget that. Secondly, just
let me say one more thing because I am terribly upset about this. Secondly,
we don't live in i:edroom communities where people can get up and put their
garbage out. You know, people get up in the morning very early to go to
work and so people who don't live in bedroom communities where they can get
up and bag up their garbage and take it out there and put it out there and
come back home in the afternoon and pick up their garbage cans and put them
in the back, we don't have that. I happen to be a landlord and when you
had this pilot program years ago wnen peole put their garbage Cans out
on the parkway, do you know what happened? I had to go and pick up my ten-
ants' garbage cans because they would leave them out there and the trucks
and the cars would run over them and smash them up. So we don't need that
kind of aggravation in the community because we have too many absentee land-
lords over there to make this work in the City of Miami. So I ask you, and
I know you need to go on with your agenda and I'm not going to prolong that
for you iDut I could stand here hours telling you about why this is no good
for our community. So please, I understand you have the votes not to pass
it, please, I beg of you. I'd like for the two of you to join them in their
votes because it is detrimental to our community. Thank you.
Mayor Ferre: Barbara, let me ask you a question if I may, Commissioner,
since I see how strongly you feel about this because I understand that the
County does pick up in the front yards and I think that Liberty City, for
example, is a community that is impacted as much on the County side as it
is on the City side. Do I take it from this that you are now going to mode
in your own Commission to go back to backyard pick up in the County in urban
areas? I think that is a commendable thing.
Com. Carey: I expected you to ask me that, Mr. Mayor, I thought of that
when I came here. I was not on that County Commission when they passed
that resolution or ordinance to pick up in the back yards because if I had
been there....
Mayor F_�rre: But you're there now.
Com. Carey: I'm there now, but you see, if I recommended that now that would
affect the whole County. We don't have to deal with that now because they
have an ordinance, they say it is working there. What I'm telling you is
.70 :.
that we do not have thz n.stituted in the City and I d1* think it would
work in our community aria our community is a major part of the City of Miami.
Mayor Ferre: Well, why does it work in the County and it doesn't work in the City?
Com. Carey: I am telling you that we have too many absentee landlords over
there, there are people that have not taken pride in the way they handle
their garbage, they can't afford the bags to bag them up and it is not going
to work. You have a small portion of Liberty City that you handle and those
people have been educated to that and they have been accustomed to that and
they follow that rule but I tell you it will not work in the City of Miami...
My main thing too, since you say you have to lay off 125 workers or something
like that..... What is it?
Mayor Ferre: No, none, zero. Now let me take two issues at a time, they are
separate issues.. If you are telling me that you as a County Commissioner are
willing to sponsor the same type of garbage and trash pick up in the County
then I will change my position and I'll go with you to the County and if you
make that motion in the County then I will go with you and lobby for you.
Com. Carey: You don't have to, I understand we have three votes up there
so that's all right.
Mayor Ferre: In other words you want us to do it here in the City but you're
not willing to do it in the County.
Com. Carey: I don't live in the County, I'm there to protect the people of
the County, they County people said they warted it, I'm here to protect....
Mayor Ferre: But you represent people in the County.
Com. Carey: That's right, and they agreed to accept that in the County. I
live in the City and I'm not agreeing to accept that in the City.
Mayor Ferre: I'll tell you what, are you willing to sponsor, and I'm willing
- to vote for it here.... Are you willing to sponsor, and I'm willing to sponsor
in the City a referendum on this? Are you willing to put it on the ballot in
the County?
Com. Carey: No, I'm here to deal with the City today, Mr. Mayor.
Mayor Ferre: I see, you want us to do it in the City and you're not willing
to do it in the County. Well, that tells you a lot.
Mr. Dawkins: Mr. Mayor, as a resident of the City of Miami, as a Commissioner
in the City of Miami, I strongly am opposed to this. The first place is perhaps
it is working in the County for the simple reason that the County does not have
alleyways and which in the City of Miami we have alleyways and I for one do not
plan, if I can get around it, of moving my garbage from the alley to the front
yard to pick up. Secondly, I do not believe that the rest of us in the City of
Miami with alleys are so desirous of moving garbage to the front. Now, I will
sponsor with you a resolution for the City of Miami to see if the people in the
City of Miami are desirous of having their garbage picked -up since you and I
are both with the City and we'll leave Commissioner Carey to deal with the County.
Now thirdly, I want to say to my good brothers who I'm fighting like hell for
up here, you have a responsibility also. It is time that you become profes-
sionals in your jobs so that I can be proud of supporting you. You throw the
damned garbage tops down where the cars run over them, you do not pick them up.
You waste trash, you don't pick it up. You just dump the garbage in the truck
and you go and you want to get finished. I want you from this day on to rem-
ember that I'm fighting for you and you're going to help me and that you are
going to do a better job or I will not support you. Secondly, like Commis-
sioner Carey says, if the gentleman on that crane takes just a little more time
and a little more effort in picking up with the scoop the trash he does not
have to dig that hole. I am not a garbage collector, but that is my layman's
opinion. Now, maybe I'm wrong but I want you to think of me as I'm thinking
of you and do a better job.
Com. Carey: Mr. Mayor, that was a point that I certainly was gong to touch
on because I can quite remember that when I moved into that community 19 years
ago these men who picked up that debris on the parkway had brooms on their
shoulders and they used those brooms, if a piece of chewing gum fell on the
ground from that trash. Now, the bed could fall off the truck and they wouldn't
pick it up. So they're going to have to get better too. But as I said to you,
we want to keep our neighborhood from becoming a slum and a ghetto and we don't
` �. FEB 1 1904
live on Brickell Avenue C some of those communities tha` don't have to put
out trash and garbage or debris on the parkway. See, they buy furniture that
lasts for 50 and 60 years and then pass it on. Our community people buy fur-
niture that breaks down in the next week and so that's why every week we have
furniture stacked on the streets. Okay?
Mayor Ferre: Commissioner Carey, let me ask you one last question. Do you
know how much your government that you are one -ninth the vote of charges for
picking up the garbage and the trash in the County right a couple of blocks
from where you live in the County area? Do you know how much they charge?
Are you aware of how much your government charges people in your neighborhood?
Com. Carey: It's $180, but I pay more than that for the City you just went
up on me $75 and I pay more than what you pay in the County.
Mayor Ferre: That's very nice, Commissioner Carey, except you're wrong.
Now let me give you the facts.
Com. Carey: Mr. Mayor, I pay them, I know the facts.
Mayor Ferre: You don't pay the County, let me give you the facts.
Com. Carey: I do, I own property in the County and I pay both bills.
Mayor Ferre: Well, let me give you the facts. The facts, Mr. Patterson, is
that the County is now charging S210?
Mr. Patterson: $220 a year.
Mayor Ferre: $220. Now the City of Miami is charging $75.
Com. Carey: No, sir, that is not the case. You 3ust went up $75.
Mayor F-=rre : No, ma'am.
Mr. Patterson: We are $75 in the City of %liami, Mr. Mayor.
Mayor Ferre: You are wrong, Commissioner Carey, the City of Miami charges you
$75.
Com. Carey: Are you telling me, Mr. Mayor, that in the past until this new
fee was assessed on us that we paid nothing for the pick-up?
Mayor Ferre: That's correct, ma'am, you are right. The City of Miami has not
charged anything. You see, you'd better get the facts.
Mr. Plummer: Maurice, it was charged in the ad valorem.
Com. Carey: It was charged in the ad valorem tax bill, that's right.
Mayor Ferre: And you don't pay ad valorem taxes in the County?
Com. Carey: Well, what I'm telling you is that we paid for it when we paid for
it in our taxes. That money that I told you we paid in the County is now
charged in our taxes.
Mayor Ferre: But you see, Commissioner Carey, it could be the same way and
the fact is that you've got to compare things equally. And the fact is that
the City of Miami and Coral Gables and the County and all other municipalities
charge over $200 a year. Now, your City is charging you $75 for trash and
garbage pickup. Now let me finish and then I'll let you finish. And you in
the County are charging your people $220 for that garbage and trash pick-up.
Now, are you willing to pay $220?
Com. Carey: Mr. Mayor, I disagree with you because before your garbage and
trash pick-up fee was in the ad valorem taxes. The County's fee was not in
the taxes, we just did that this year, added another fee and put them on the
ad valorem taxes. So you know, let me just tell you the $75 was an additional
fee that we pay out of our pockets but we pay for garbage and trash collection
in our ad valorem taxes. The County just moved to do that.
Mayor Ferre: Let me put it to you this way, Barbara. Okay?
Com. Carey: But let me say this, Mr. Mayor. You raised taxes, you've talked
about every issue down here, you have talked about, when you talked about
raising taxes you didn't see me down here, did you? I didn't come down to a
.`72 Fca a 198Z
public hearing on taxes because I believe in paying for service and if it
means paying for backyard service that's what I want.
Mayor Ferre: Now, would you let me finish?
Com. Carey: Yes.
Mayor Ferre: All right, now let me tell you something. Any way you slice it
somebody has to pay for garbage and trash collection.
Com. Carey: That's true.
Mayor Ferre: Now, in the City of Miami it is costing close to $300 per house.
In the County it is costing $220 per house. Whether you pay for it one way
or the other you're paying for it. Now, I mean to tell you that the differ-
ence between the City and the County is that the County picks up in the front
yard and that saves the County $SO or close to $100 per house. Now, you want
garbage picked up in the back of your house, that's fine. Somebody is going
to pay for it. And I would just simply would ask you whether you would accept
paying $220 just like if you lived, if your house was in the County you would
have to pay $220 to have your trash and garbage picked up. In the City you're
paying $75. Now, it costs us $300 and $75 is paid for in a fee and $225 is
paid for out of taxes. In the County you don't do anything for the taxes as
far as garbage is concerned, you did years ago, you don't now and haven't for
years, but it is costing the people one way or the other $220 to pick up that
garbage and trash.
Com. Carey: As I said before, Mr. Mayor, and I'm only speaking for myself,
when you had your hearings on taxes you didn't see me down here, did you?
Because I believe in paying for the service that I get so that speaks for me,
I don't know about others.
Mayor Ferre: I think we ought to put this on a referendum and let the people
decide whether or not they want their garbage picked up in back or the front
or whether they want to pay $220 like the County does.
Com. Carey: I pay the County fee for garbage and trash collection because I
have property in the County and I pay the City and tell you the City's is
higher than, the County's.
Mr. Plummer: Barbara, I'm with you but let me tell you the cold facts as Joe
reminded conversely a minute ago. I was here when the fee was instituted.
I want to tell you the sad facts of life. Do you know why we had to institute
a fee? Simply because in the benevolence of the City of Miami to Metropolitan
Dade County as we have done in so many times, we gave you a piece of property
that put in a thing called a transfer station. Immediately upon completion of
that gift, the County slapped us with a $4,000,000 a year bill for transfer.
That's when the fee went into effect. Up until that time we didn't have to
charge a fee.
Com. Carey: An additional fee, not the ad valorem.
►*j
FEB8
r11 j9�2 �
F f",
Mr. Plummer: No, no, no. There was no fee set, okay? Now, I'm with you, I'm
one of those three votes that the Mayor counted noses on but I just wanted to
bring back a little bit of history. You see, I will give you another one, real
quick -like. we gave Metropolitan Dade County a total Water System estimated
at same $400,000,000....
Mayor Ferre: Free of charge.
Mr. Plummer: Free of charge, not a dim. Who was the first one that the County
placed the moratorim on? The City of Miami.
Ms. Carey: The City!
Mr. Plummer: Who was the first one that Metropolitan Dade County -where is
Garrett SloanT God rest his soul- the first one that got slapped with a 129%
increase in our water fee? The City of Miami. You see, what the Mayor is
trying to say to you is that saTewhere along the line there has got to be some-
thing called "fairness", and we are still waiting for it.
Ms. Carey: That's right, Mr. Plummier, Cc muissioner Plummer, and I could stand
here with a liturgy of things that the County has done for the City too and
the City does not have to pay, but I won't go into that since you....
Mr. Plummer: Barbara, any time you are ready.
Mr. Carey: ...since you are on my side and I want to keep you there.
Mayor Ferre: do pay, we do pay! we are 22% of your taxes.
- Mr. Plummer: Twenty seven (27%).
Mayor Ferre: You see, the problem is that the County, unfortunately, and I
say this with all due respects to you and your colleagues... you see, the County
seems to think that it is a "we/they" situation -we, the County/they, the City -
but the people of Miami also pay taxes to Dade County and I don't think we get
very good service for what we are paying for.
Ms. Carey: Thank you, Mr. Mayor. I think we are getting off the subject a
little bit and I don't want to do that.
Mr. Carollo: Ccmnissioner Carey, we appreciate your coming here today. Mr.
Mayor, I don't think we have to take a vote on this because there is really no
sense into it unless you would like to, I mean, we know how the votes stand
and before I go into the area of the straw -vote which I suggested to the Manager
and Mr. Patterson, I would like to bring up a motion on what I spoke about
before. I think what we need to do, Mr. Mayor, is to hire an additional seven
(7) inspectors to be out there, hitting the turf, and imposing fines. We have
seven now, with seven more I think we can cover the City pretty fairly. At the
same time, I think that we have to establish some kind of a pattern, some kind
of way, that we can notify the different neighborhoods in this City of when our
trucks are going to come for the trash pick-up, and then only on the day before
can our residents put their trash out front. If anyone puts it out front the day
after or any time before that, have our inspectors go and stick them with a fine.
That's the only way in which we are going to come to a head with this, other-
wise, no matters what we do, it's going to be blowing in the wind, we are not
going to get anywhere. I think we should also try to establish a criteria -or
try to, anyway- as to what is "trash". what do we consider "trash" that should
be put up front and what should be put inside the garbage can.
Mayor Ferre: Or take it to the dump, like the County does. You can't dump
trash out on the corner, you've got to take it to a pick-up point.
Ms. Carey: That's right. Could I ask why people don't do that?, you know,
you make them take it to the dumps, don't you have dumps in the City of Miami?
Mr. Carollo: Well, that's something that we could incorporate into this or-
dinanoe, Carmuissioner Carey, we could put a guideline of certain things that
we will not pick-up, period.
Mr. Dawkins: I am going to second his motion with one addition, if he'll ac-
oept it. A couple of meetings ago I suggested that we take $200,000 that we
were going to get from the land -fill and hire additional garbage collectors.
If Ccrrissioner Carollo is willing, I would Like to sit with the Manager, Mr.
.FEB 111982
Patterson, Carollo and myself and then take out the money for the seven inspec-
tors and then take the balance from the $200,000 and hire the garbage collec-
tors that we spoke of.
Mr. Carollo: That'd be beautiful. We've got the money right there.
Mr. Gary: No,...
Mr. Carollo: Did you spend it already, Gary?
Mr. Gary: It's gone.
Mr. Dawkins: It can't be gone, how can it be gone when you guys told me to
come back?
Mayor Ferre: Camdssioner Dawkins, I'll recognize you in a mcr nt. Mr. Gary,
were you going to say scuething?
Mr. Gary: The money for the landfill is what we gave to gayfront Park project.
Mr. Carollo: What for Noguchi?
Mayor Ferre: It was for the fill.
Mr. Gary: And plus, too, you know, you are getting ready to finance an on -going
operating expense with a one-time revenue.
Mr. Dawkins: Not necessarily, I said one year, I said for one year, Mr. Manager,
when I...
Mr. Carollo: Mr. Manager, I'm sure that you can find some $90,000 -which is what
it'll take from somewhere-, am I correct?
Ma}or Ferro: Well, we have a rrntion and a second. Is there further discussion
on the rmtion? Is it clearly understood what ma are voting on?
Mr. Plurrier: Can we negotiate with Joe Robbie? maybe we can get a cheaper price.
Mr. Carollo: You seem to have the best personality to deal with him, J.L., we'll
assign you to deal.
Mayor Ferre: You mean, to put it for private collection, is that what you are
reomyrending? Commissioner Carey, you wanted to say something.
Ms. Carey: Yes, I wanted to ask sanething -maybe it could be instituted in Vice
Mayor Carollo's motion, and that is you have dunes in the City of Miami, there
is no need for people to...you don't have any in the City of Miami?
Mr. Carollo: No.
Ms. Carey: Oh...
Mr. Plummer: They made us close our only one, the landfill on Virginia Key.
We've got Dade County.
Ms. Carey: Okay, well, I would hope that in that :notion, what the Sanitation
Department is trying to do, they would not allow people to put out furniture,
bedding, everyting on the parkway, because that's why you have to picas -up so
much. If have them people carry that to the dui they you would be alleviated
fran having to pick-up that kind of stuff frequently. Maybe you could have
one or two pick-ups a year for that kind of stuff. The court says that you are
not supposed to put anything on the parkway that doesn't grow on the ground,
and beds, and stoves and refrigerators don't grow out of the ground, and that's
the problem we are having with that kind of stuff on the parkway.
Mr. Carollo: That's one other thing that we could incorporate into this or-
dinance, identify the things that we won't let the public put on the streets.
Ms. Carey: Tolerate.
Mr. Carollo: Tolerate.
Mayor Ferre: Further discussion on the motion as made. Call the roll.
.'75
FEB 11 1982
A
C
The following notion was introduced by Camtissioner Carollo, who moved
its adoption.
MOTION 82-97
A MOTION DIRBCIMC THE CITY MANAGER TO MAKE NECESSARY PROVISIONS
TO CORRECT THE UNSANITARY CCNDITICNS CAUSED BY THE ACCUMULATICN
OF TRASH AND GARBAGE CN CITY STR= AND HIGMaYS BY PROVIDING
FOR THE FOLLOWING:
1) NOTIFY RESIDENTS IN SPECIFIC NEIGHBORHOODS OF THE DAYS THAT
THEIR TRASH WOULD BE COLLDC'T'EID, FURTHER ADVISING Timm THAT
THE TRASH MAY ONLY BE DEPOSITED ON THE PUBLIC RIGHTS OF VW
ON THE DAY BEFORE THE SCHEDULED TRASH PICK-UP, AND FURTfM
ADVISING THEM THAT FINES WOULD BE IMPOSED ON THOSE WHO
VIOLATED THIS PROVISION;
2). DIRECT THE PROPER AUTHORITIES OF THE CITY TO DEF= PRECISELY
WHAT "TRASH" AMID "GARBAGE" WILL BE UNDERSTOOD TO MEAN;
3) TO CLEARLY STIPULATE THAT "CITATIONS" AND "FINES" WILL BE
ESTABLISHED FOR RESIDENTS OF THE CITY WHO VIOLATE THIS PFOn-
SION, AS MANDATED BY ORDINANCE;
4) TO MAKE THE NECESSARY PROVISIONS TO HIRE SEVEN (7) ADDITIONAL
INSPECTORS FOR THE DEPARTMEriI' OF SOLID WASM TO E24MRCE THE
ABOVE-CI'I'ID NEW REGULATION; AND, FINALLY,
5) INSTRUCTING THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDI-
NANCE TO IMPLEMENT THE ABOVE PROVISION INTO LAW.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Cormussioner Miller J. Dawkins
CcYn:u ssioner L>erretrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
FOLL.,O v-ING ROLL CALL:
Mr. Perez: I think that the clean-up of the streets is a priority in our
c=minity, without any doubt. We have to come to the neighborhoods, we have
to cane to Liberty City, we have to be in the heart of Little Havana in order
to understand what is the situation. I think we have to take a strong posi-
tion in order to get a cemplete clean up of the streets. The first time that
I was on the City Commission, I introduced a motion calling for a campaign
to clean up the streets. I think that we received a report from the City
Manager's office at that time saying that they applied a budget of about
$60,000 at that time in order to try to reinstate the image of a clean Miami,
but I think that the City is very dirty at this time. We have more than
70,000 new faces in our connunity that are not familiar with the system, that
they don't know haw to keep the City clean. I think that we have to start
a Solid Waste educational program. I think that we have to familiarize the
people of Miami with our regulations. I think that that is very important
at this time and we have to get all the funds that we need in order to en-
able the Department to carry out an emergency program to clean up the City
as soon as possible. That's the message from the people of Miami, from the
neighborhoods, and I think that that's what the Union also understands, and
I think it is what the cam mity deserves. I was yesterday in two different
radio programs and everybody is very concerned about the clean-up of the
streets in the City of Miami. I think that we have to get the funds that we
need in order to provide all the resources to the Department to reinstate
the image of a clean City. Everybody, when they leave a city, their first
opinion is that they come from a clean city or from a dirty city. When the
people cane fran San Diego they mention --Carlos Martinez, that I think is
here, from the Police Department— the other day he mentioned that he came
from San Diego and he had the impression of a clean city. We have a dirty
city in Miami at this time, we have to recognize that and we have to recog-
nize that in the heart of our neighborhoods we have a dirty city. I am not
talking about a special area but I am talking about the heart of neighborhoods.
I am very concerned about that matter and I want to call the City Administration
to try to get an urgent solution to this problem, that's what I wanted to point
out.
76
t t
Ms. Carey: Thank you Mr. Mayor, you have been most gracious and kind...
Mr. Carollo: We are not finished.
Ms. Carey: Oh, okay.
Mayor Ferre: I'm going to make a motion that we turn this over to Metropolitan
Dade County in a mxnent, so hold on. Then you can deal with it.
Ms. Carey: Oh, thank you.
Mr. Carollo: Camnissioner Carey, could you stay for a little longer?, we are
going to touch on a couple of things that I'd like for you hear.
Mayor Ferre: All right, now, J. L. Plummer is recognized.
Mr. Plummer: Mr. Mayor, briefly, you made an announcement that I have to take
a little exception to in the beginning of this conversation, and that was
pointing to the heads of the Unions who are my friends, that they have the
votes. Mr. Mayor, I want to tell you that none of the Union leadership came
to call on me to solicit my vote, my vote has not changed in the three times
this matter has turn up here before and I have always been in the same place,
as I've said before, I've heard that tune and I don't like the way it played
before and I don't like the way it plays now. My final comment is, I think
no one including these gentlemen here that do all the work, are really happy
about the trash collection. I am told by Mr. Patterson that if in fact we
want to return to the twice -a -week pick-up and the once -a -week trash pick-up
it will cost us $125.00 fee, half of the County. And, Mr. Patterson and Mr.
Manager, all I want to tell you is I'm ready to write my check for $125.00.
Thank you.
Mayor Ferre: All right, is that in the form of a oration?
Mr. Plummr: It will be at budget time, if necessary, Mr. Mayor.
Mr. Carollo: Mr. Plumer I'm glad that business is going well, because there
is a heck of a lot of people in Miami that are not going to be willing to pay
and I am one of them.
Mr. Plumper: Well, Mr. Carollo, I am only taking from the public hearings that
this Camdssion has had in the past and that is that people have come out here
and have spoken loud and long, and that is how this came about a fee in the
first place, and I do believe that 50% of what the County is paying, the
people have indicated they are willing to pay the difference and I agree.
Mr. Carollo: Well, let me remind you that we, not only in other parts of the
country but in the City of Miami, people are revolting, not only in the taxes
but all these fees that are being imposed on them and I am one of those, like
Commissioner Carey, that has to live in the inner core of the City, and I am
one of those that has to pay the trenLendously high taxes that we are now pay-
ing including all the fees that are going up, and are going up, while our
services our going down, and going down. Now, I think we have to earn to a
head with this because we are playing with it every budget time, Patterson
is going to keep coming back to us with the curb -pickup, Gary is also in favor
with it, there are other people here that are in favor of it, and I'm not say-
ing that you are wrong, I'm just saying I'm not in agreement with you. Meat
I would like to do is present another motion that we bring this to the front
in the form of a straw -vote, let the people decide what they want, and bring
it in the form of a straw -vote in the following way: take a vote•in three
different things, 1) do they want curb -side pickup and keep whatever figure
Mr. Patterson thinks we can keep as a fee with curb -side pickup, if a $75.00
fee would apply, fine. Curb -side pick up with $75.00/year fee. 2) Back-vard
pickup and whatever fee our experts are telling us is going to have to be
paid them,whether it's $125.00, $150.00 or what have you, or 3) just leave
the City the way it is, period, and leave the whole system the way it is.
Gentlemen, I will tell you, regardless of how we might personally feel, we
are up here to do the will of the citizens of Miami, if the citizens want
this done a oertain way, no matter how much we might feel differently, we are
here to do what they want, and I think that if we have a straw -ballot with all
those different points, they could mark either a), b) or c), I think that will
give us a real good inclination of where we should go.
FEB 111982
Mayor Ferre: All right, is there a second to that motion?
Mr. Perez: Mr. Mayor, I think that's the solution, I think that the City of
Miami need to have the last opportunity to make the final, decision and I
second that motion and I think that it could be the last solution.
Mayor Ferre: All right, that's the second, now on the motion, discussion.
Mr. Carollo: Discussion, Mr. Mayor, the motion includes that this be placed
in the next available City-wide election...
Mayor Ferre: All right, that's September.
Mr. Plummer: No, City-wide, he said.
Mayor Ferre: Yes, that's September.
Mr. Carollo: September, yes, that will be for the Legislature... well...
It will be September, yes.
Mayor Ferre: Yes, sir, it is City-wide, it is county -wide and it is State-wide.
Mr. Plummer: Oh, I'm sorry, yes.
Mayor Ferre: The next election to came before the people of Miami is in
September. Now, there has been a motion and a second, is there further dis-
cussion on that motion?
The following motion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 82-98
A MWION =i=4G T1-: .II�r*= OF THE CITY 00 ASSIGN TO PLALT A
I Rr W-LiALU,.n QUESTION IN `I'rE FIRST AVAILABLE ELECTION HELD BY
iIWL COWi'Y, OR TIM STATE, CONCERNING THE SUBJECT OF "TRASH AND
GARBAGE" COL J-=ION IN THE CITY OF MIA1,11I AMID PRESENTING THE FOLIAW-
ING ALTERNATIVES TO BE VOTED UPON:
1) THAT THE COLLDCTION OF TRASH AND GARBAGE BE CCNVEKIED TO A
CURB -SIDE SYSTEN, BASED UPCN A FEE TO BE DMUMENED BY THE
DIRECTOR OF SOLID 19ZTE;
2) THAT THE PRESENT SYS7124 OF BACK -YARD PICKUP BE RETAINED AT
A FEE YET TO BE DETEF:�M=D BY THE DIRDC'lC7R OF SOLID VAS E; or
3) THAT WE RETAIN THE PRESENT SYSTEM, AS IS.
Upon being seconded by CTrdssioner Perez, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
C =dssioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
GN ROLL CALL:
*Mayor Ferre: In voting, let me express an opinion so that we understand,i am voting,
of course, with the motion. The reason why Mr. Garcia who is in San Diego came
back and said it is a clean City, is because in San Diego like in every
other major City of America, with the exception of Miami, the garbage and trash
pick-up system has been changed. it had to change from the good old days of
the horse and buggy, and every City in the State of Florida, every City, with-
out any exceptions, as throughout the United States of America, is picking up
garbage differently. We are the only City that keeps on doing it the good
old way. Everybody wants to go to heaven, but nobody wants to die. There
are no free lunches, somebody has got to pay. Now, I think what this will
do -and I like your alternatives- because, 1) you maintain the system the
way it is at the cost it is and with the service you are receiving -which is
not very good; or 2) you continue the back -yard pickup but you pay for it,
and that means your fee goes up, similar to the county, or 3) you have front -
yard pick-up and we can maintain a similar type of a fee. Those are the 3
.78 FEB 11 1982
f r
choices. You'll have to come back and fill in what those numbers are, Mr.
Patterson, and let the people of Miami which one of the systems they want:
1) status quo —which I don't think anybody is going to vote for; or b) back-
yard, depending on the cost. And based on that, I vote yes.
Mr. Dawkins: May I ask the Manager a question? Mr. Gary, I an new here
and I don't know, so help me walk through this. At tre time we identified
the $200,000, it was my understanding -which I find now is in error- that
when we agreed here that I could bring to you a proposal that we could hire
10 men and that we would work it out, now I find today that even if I care
to you with such a plan the money is not there, so would you explain to me
what good it is for me to sit up here and cone up with ideas thinking that
if we arrive at an agreement that it is binding.
Mr. Gary: Commissioner Dawkins, if you recall, the day that we dealt with the
$200,000 was the same day that the City Commission, on a majority basis, decided
to use the funds for the Bayfront Park bulkhead, which was a repayment back to
that project which was given to Blue Lagoon. In terms of the recommendations
that you would make, I still assumed that the City Commission -still by those
recommendation- was going to direct me to find other sources of revenue to
fund it.
Mr. Dawkins: Thank you, Mr. Gary.
Mr. Gary: Your welcome.
Mayor Ferre: You don't need a motion on that?
Mr. Gary: No, sir, I have the intent of the City Carmission.
Mayor Ferre: All right.
20. al0'�vCY ORDLAKE: "K.T.W. BULLET ORDEWCE;"
(See related label No. 3)
Mr. Carollo: Mr. Mayor, if I may now, I'd like to bring back the Ordinance
for that K.T.W. bullet, it is now ready. Commissioner Carey, if you could
stay here I would appreciate it.
Mayor Ferre: Do you have copies of this?
Mr. Carollo: Certainly, go ahead, sir.
Mayor Ferre: Wait a minute, wait a minute, Pete, Pete, I'll recognize you
in a moment. Carollo has a motion, Barbara Carey has to leave in a moment
and I want her to hear the motion, so, do you have copies of that?
Mr. Carollo: It's being passed around right now, Mr. Mayor.
Mayor Ferre: Commissioner Carey, this is what we are talking about.
Mr. Carollo: Camiissioner Carey, if my colleagues permit me, I would like
to personally go before the County Cannission and ask of the County Cc m fission
that this be passed. I would certainly like for you to help us with it and
making the motion for us in the County.
Mayor Ferre: Do you have to read the ordinance first?
Mr. Carollo: Let me read it for the record, Mr. Mayor.
(CCNNIISSICMM CARO11O PROCEEDS TO READ, BY TITLE C1NLY,
THE HEREINBELOW ORDINANCE AT THIS PO=).
Catmissioner Carey, what we are talking about here is ?.bout
that new steel piercing; bullet that has been in the market for several years
now that makes the bullet-proof vests that our officers wear in the City and
79 FEB 11 19g2
f f
county obsolete. Certainly, we would all be very grateful to you if you help
us in sponsoring this as an ordinance at the county level also.
Comm. Carey: Thank you, Mr. Vice Mayor. Would you please give me a chance to
look over it and analyze it carefully and I'll get back with you, Okay.
Mr. Carollo: Tank you, Ma'am, I would appreciate it.
Mayor Ferre: All right, there is a motion on the floor, is there a second?
Mr. Plummer: Joe, don't you want to....I think you'd really be served well by
adding in here, under the brand name of K.T.W. "or a teflon-coated" is which it
in fact....
Mayor Ferre: Yes, because they could change... see, with this ordinance -I don't
mean to criticize the Law Department, Nir. Clark- let me tell you what could happen.
Tcmrrow they change it to the "ABC" bullet and this ordinance doesn't mean any-
thing.
Mr. Plummer: That's right, that's why I'm saying...
Mr. Clark: That is the only thing we can co e up with today, you cannot...
Mr. Plunrer: It's a teflon-coated bullet.
Mayor Ferre: Well, just say "K.T.W., or any other like teflon-coated bullet".
Mr. Carollo: "Teflon steel piercing" is what it is- bullet.
Mayor Ferre: What's your problem, Mr. Clark, put it on the microphone.
Bob Clark, Esq.: I've discussed this with Chief Harris, with Lt. Riggs, with
the head of the Swat Team and this is the only ordinance today that we can propose
that will withstand a court challenge. Anything other than this becomes vague
and uncertain and that's the reason Vny when we realized it and we said "ABC"
could eom out tomrrow -when that happens and we are going to address that even
more with New York, and I tell you, this is the only one.
Mayor Ferre: Further questions. Is there a second to the motion?
Mr. Plummer: Second.
Mayor Ferre: Discussion on the motion as presented. Read the ordinance.
AN ORDINANCE ENTITLED
_ AN EMM4CY ORDINANCE MAKING IT LRUJVR L FOR ANY PERSON TO SELL,
OFFER FOR SALE, BARTER, LEND, GIVE, DELIVER, PUiiCfiASE OR POSSESS
THE PR0JECTILE CAPABLE OF BEING PROPELLED BY THE ACTION OF AN
EXPLOSIVE FROM A HANDGUN OR PISTOL KNOWN AS AND CURRENTLY SOLD
UNDER THE BRAND NAME OF "KTW"; FURTHER PROVIDING THAT THE AC=TIES
PROHIBITE.'D AND DECLARED UNW&UL IN THIS ORDINANCE SHALL NOT BE
APPLICABLE TO LAW ENFORCEMENT OFFICERS ACTLNG WITHIN THE SCOPE OR
COURSE OF THEIR OFFICIAL DLfTIES OR WHEN ACTING AT ANY TIME IN THE
LINE OF OR PERFORWKE OF DUTY OR TO PERSONS PE MIND OR FURNISH-
ING THE PmhX'TILES PROHIBITED IN SECTION 1 OF THIS ORDINANCE TO A
LAW ENFORCEMENT OFFICER; CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Crnmissioner Carollo and seconded by Cannissioner
Plummer for adoption as an emergency measure and dispensing with the require-
ment of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner J. L. Plummer, Jr.
Ccnmissioner Demetrio Perez, Jr.
Ca ndssioner Miller J. Dawkins
Vioe Mayor Joe Carollo
Mayor Maurice A. Ferre
HOES: None.
ABSENT: None.
ga FE8 1 1982
t
17,
* ereupon the Commission, on motieci of Cannissioner Carollo and sec ended by
Commissioner Plummer , adopted said ordinance by the following vote:
AYES: Camv.ssioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSEN i' : None.
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the minbers of the City Commission
and to the public.
-1. U:�= C '.i.\ GOVc P `]T ',fTITIE(; TO ADOPT SIMILAR LEGISLATICCI
PROHIBITLvG ifiE SALE OF "K'iN"' BULLETS.
Mr. Carollo: Mr. Mayor, what would be the proper mute that we
to...
Mayor Ferre: You need a Resolution now, Joe.
Mr. Carollo: ... in order to go before the County CaTnassion representing this...
Mayor Ferre: Before you do that you need a Resolution, "a Resolution urging
the adoption of the provisions contained in the attached ordinanoe"..is there
a motion?
Mr. Carollo: Move,
Mr. Plummer: Second.
Mayor Ferre: Further discussion. This resolution now mandates this previous
ordinance as the law of the City of Miami.
The following resolution was introduced by Camdssiorer Carollo,
who moved its adoption:
RESOLUTION N0. 82-99
A RESOLUTION URGING THE ADOPTION OF THE PRCNISICNS OCNT = IN
THE ATTACK ORDINANCE BY EVERY UNIT OF IN THE STATE
OF FLORIDA; DIRECTING THE CITY CLERK TO FORWARD COPIES OF SAID
ORDZM� TO THE DADE LEAGUE OF CITIES AND THE FLORIDA LEAGUE OF
CITIES FOR DISTRIBUTICN TO ALL M4BER CITIES AND COUNTIES; FURTHER
DIRECTING THE CITY CLERK TO FOFWM COPIES OF SAID ORDINANCE M ALL
COUNTY COM ISSICNS IN THE STATE OF FLORIDA; FURTHER INSTRUCTING THE
CITY ATTORNEY TO DRAFT A PROPOSED BILL FOR PASSAGE BY THE STATE
LEGISLA17URE INCORPORATING THE PY40VISICNS OF THE ATTACHED ORDINANCE.
(Here follows body of resolution, anitted herein and
on file in the Office of the City Clerk).
Upon being seoonded by Ccmnissicner Plummer, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Cammissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
_81
--FF-P
r il
Mayor Ferre: Now, I would like to appoint CanTissioner Carollo as the City's
representative, and request of Barbara Carey's office that he be put cn the
agenda at the first item on the eounEy agenda at the next or future meeting
that might be available. Okay?
Ms. Carey: Okay. May I say thank you to all of you, you've been most gracious
and ocrdial and I plan to extend the same courtesy and cooperation when you carte
over to the county.
Mayor Ferre: Well, we look forward to that, we look forward to that.
Ms. Care: Just don't came with this item.
Mr. Carollo: Mr. Manager, can you and me duly make copies of this ordinance
in the form of a formal request from the City of Mia.-ni and send it to every
county commission in all 67 counties of the State of Florida, requesting that
they give consideration to implementing this same law, and also send a copy
to the Governor's office and to our lobbyist in Tallahassee,
Mr. Ongie: Yes, sir.
Mr. Carollo: Can it be signed by every member of the Corrrnission?
Mayor Ferre: All right, Mr. Joffre.
Mr. Peter Joffre: Mr. Mayor, I only want to say o-le thing. I thank all the
Cormrnissioners for voting this way, and let it be known that the Sanitation
Employees Association is willing to help any way we can to help to keep the
cost down and the service better. Any time that you want to meet, I'll be
more than glad. All we ask is that the Department comes out of that big
cloud and gets dcAwn and talk to us too. We'd appreciate that very much.
Thank you.
22. MAYOR RE,?UES'l�'S CITY AT POR4EY TO DRAFT A PF�OPOSED
ORDL`%XE TO TRA::SFER Try DEPAFnNT a,v'T OF SLID IASM M
ram.
Mayor Ferre: All right, would you quietly leave the roan?
Mr. Manager, I would like for you to prepare an ordinance turning aver the
City of Miami Garbage Department to Metropolitan Dade CoLmty, and I would like
for that to come up for full discussion, at a future meeting. I think that
obviously, we don't have the money, unless ... and I'm talking about after the
September or the October straw -ballot whichever we put it on, if we cannot..
if we don't want to bite the bullet, then perhaps you better let our colleagues
at Metropolitan Dade County do it for us.
Mr. Gary: Yes, sir.
Mayor Ferre: Okay, and then Commissioner Barbara Carey can deal with it in her
own backyard.
23. FFIi;T-WIVE ACTION PR=RZSS PlMrG:
(a) Request retraction and clarification by Miami rerald.
(b) Request Publicity Department to write rebuttal to
!4i wni Herald article.
Mayor Ferre: We are on item J, which is discussiaaz of the Affirmative Action
Progress Report.
Mr. Gary: Mr. Mayor, I'd like for Mr. Krause to explain the City's progress
with regard to Affirmative Action but before he does that, I think it's important
.82 FEB 11 1982
4 f
to note that the headlines in the Muni Herald article which we are all aware
of does not give the City the type of credit that we should have gotten in terms
of success that this City Comm ussion has led the way on in trims of '.-ringing about
better employment for minorities -namely, Latins, Blacks and women. At this
time, I'd like for Mr. Krause to inform you of what the real record is as opposed
to what the Herald's headline attempted to portray to the public.
Mayor Ferre: Mr. Krause.
Mr. Robert Krause: Mr. Mayor, members of the Commission, Dr. Daniels, our Af-
firmative Action Supervisor, is here with me and we would like to show a few of
the tables from the Affirmative Action Report on the overhead projector. We
will only take a few minutes to discuss then and try to put it on a little per-
spective for. you.
The reason that the City has an Affirmative Action Plan is because we had
problems with employment practices in the past. 'There was, in this eoamnnity
and in many parts of the United States, certain fairly well-defined jobs and
roles for minorities and for woven. In the 1950's, the role for Black people
was defined as "service and maintenance types of occupation". The role for
women was defined as "service occupations and office clerical jobs", and at that
time Miami did not have a very large Hispanic population. In the 1950's there
began to be a Civil Rights Movement and a «oxen' s Rights Movement. There were
decisions of the Supreme Court on a 'one man one vote". There were decisions
of the Supreme Covxt in Brown vs. Board of Education, which dealt with the sub-
ject of segregation in the schools. There were also protest demonstrations
during the 1950's with respect to lunch -counters and lunch facilities.
During that period of time in the 1950's, the City of Miami personnel pro-
cedures remained essentially what they had been, there was no major change and
the discriminatory effect of those personnel procedures continued into the 1960's.
The 1960's saw major legislation. There was the voting rights Act(?), there
was the Public Acco.-mcdations Act, there was the Civil Rights Act of 1964 which
contained Title VII, which dealt with Fair Employment Practices; there was also
the Equal Pay Act for Win. At the same time in the 1960's, in this particular
=i, n uty, there was an enormous immigration of people fran Cuba winch changed
very significantly the ethnic oa-cposition of the City of Miami and the surround-
ing areas. During the 19601s, there was no :significant change in the employmnent
practices or procedures of the City of Miami and those emploim-ent procedures
continued to perpetuate the employrrnt patterns that had been established in an
earlier era.
Up until the 1970's there was no change. What we have on the screen is
Attachment 2 of our Report which shows the employment trends during the period
of the 1970's in the City Government, and it begins in 1973 because that is the
earliest date in which the City kept any records of employment by race and sex.
That was required by the arrendments to the Civil Rights Act that were adopted
in 1972.
Now, you'll notice at that time that we had 3,433 full time employees, and
said number has fluctuated a little bit during the last decade but for 1981, it's
down just a little to 3,310. The next column shows the number of "non -Hispanic
white males" and as a percentage in 1973, they constituted 61% of our work force,
meaning that all other minorities and wcnm~n constituted only 39% of the work force.
Now, that was far less than their percentages in the City's labor market because
Hispanics by 1970 census constituted 57% of the labor market, Blacks counted 19%
of the labor market and women -from all of the ethnic groups- constituted 33% of
the labor market.
Because the City showed no change, we wound up with a lawsuit called
Cohen vs. City of Miami which dealt with the Miami Police Department and the
City did not oppose the lawsuit, the City as a matter of fact entered into a
Consent Agreement which said that we would validate our police test for hiring
and for promotion. Unfortunately, that was not a sufficient change in the employ-
ment practices to make any significant difference in the distribution by rave and
sex within the total work force.
You can see that by 1976, we still had 54% non -Hispanic, white males, con-
stituting more than a majority of the work force, which means that 46% were com-
prised of minorities and wcren. As a result of that, the United States of
America decided to sue the City Government on the grounds that we were in viola-
tion of provisions of several funding legislation of the Federal Government -
the General Revenue Sharing Act, the Law Enforcement Administration Act, and I
think the Community DevelopTent Block Grant Act. There were three or four dif-
ferent laws, they formed the basis of a lawsuit and the City, again, did not con-
test the lawsuit but indeed entered into a Consent Agreement to achieve certain
goals and objectives. By 1978, still con paratively little progress had been
made. At that point, anglo males still constituted 51% or more than half of the
work force. And at that point, the Justice Departrnent said that, in their opinion,
the City would have to make institutional changes in their employment practices
83 FEB 11 1982
in order to fly with the Consent Decree. What happened was that in 1979, the
Miami City Cannission, in July, adopted amendments to the Civil Services Rules
that dealt with the procedures for selection and procedures fo- referral of names
and the procedures for appointment. And immediately thereafter there were sane
very dramatic changes in the distribution of the work force. By 1979, that was
a critical year in the evolution of the City's Affirmative Action Plan because
Anglo males for the first time dropped below 50% of the total work force and
constituted 49%. In the next year, 1980, there was a 6% change, and in 1981
there was a further 4% change, so that in two years there was a 10% decline in
the number of Anglo males and a corresponding 10 percentage point increase in
the number of minorities and women employed in the City Government who, at that
point, constituted 61%.
,4ow, it may be useful also to mention a couple of the Departments and what
was happening to them during that period of time.
The Police Department 4 years ago, had 31% minorities and women in the De-
garbTent. By June 30, 1981, that had risen to 49%, and by December of last year
because of the increased hiring in the Police Department that number had grown to
55%. Because of continued hiring in January and February, it is most likely that
the percentage of minorities and women in the Police Department has increased
above 55%.
The Fire Department has not had the same expansion that the Police Depart-
ment has had. They have been achieving a hiring rate of 80% for minorities and
women for the last 3 years but the number of vacancies has not been very large.
Nonetheless, the Fire Department has grown from 14% minorities and women to 25%,
by June 30, 1981.
Now, what I would like to do is to turn to some of the tables that deal with
each of the ethnic and sex groups separately and I won't take a lot of your tine
but I'd like to .... do we have..? (RESPCNSE INAUDIBLE) Okay. Exhibit 2A, Black
Employees, and what it shows is that in the last 4 years there has been an increase
from 26€ of the total work force to 29% for the total work force. That may not
seem significant but Black employees, Blacks in the Xiami labor market, only
represent 19% of the total work force. So that the City has hired about 50% higher
than the representation of Blacks in the labor market. More significant than
that is the fact that during the last few years there has been a fairly signi-
ficant change in the distribution of blacks within the City's o,,m work force.
More than half. of Black employees -539- were in service and maintenance occupa-
tions in 1977. There has been a reduction in absolute numbers to 1981 where
the number was 398 -which is above 40% of the total-. But if you will look at
this chart you will also see that there have been increases in almost every other
category of (-zployrkmt. Almost double for officials and a&Li.nistrators, for
professionals, for technicians, for protective service -which includes Police
and Fire Departments- and a smaller increase for office clerical, and for skilled
crafts. There have been minor declines in para-professionals and service mainte-
nance. So what has been happening is that Black employment has been declining
in the low -pay low -skill jobs and has been increasing in the higher skilled jobs.
The next table shows Hispanic employment, and we started in 1977 with Hispanics
representing only 12% of the City's total work force, as compared to 50% in the
City's labor market, a very substantial disparity. By 1979, that had only in-
creased to 15% but by 1981 it has increased to 25%. That's still less than half
of the Hispanic representation in the City's labor market but it's an increase
of over 200% in 4 years and I think it's also important to note that that type
of increase for Hispanic employees is spread throughout the different types of
job categories. Major increases for officials and administrators, for profes-
sionals, for technicians, for protective service, for paraprofessionals, office
clerical, skilled crafts, and even some increase in service maintenance. Female
employment has been sanewhat more stable, primarily because of the type of work
force that the City has. The City function that used to employ large numbers of
women -the Library and Jackson Memorial Hospital- have been transferred to Metro-
politan Dade County. Seventy percent (70%) of our remaining work force is in
jobs that are traditionally male occupations, and those are Fire, Police and Solid
waste. We've rra_de sane breakthroughs in hiring 5 women, for example, in the Fire
Department, that's a major achievement but insofar as women job opportunities it
is negligible. We have probably hired as many as a dozen wcaen in waste oollec-•
tion, but my understanding is that at the present time only one re ajn I is dif=
ficult to make sifnificant increases in female employment in those kinds o Job
areas. Nonetheless, women have increased from 16% to 20%, and there are sifni-
ficant increases for the higher level jobs, in particular, officials and adminis-
trators, professionals, technicians, protective service -primarily in the Police
Department-, and para-professionals.
Mr. Gary: mr. Mayor, if I can, because I know we have a deadline, let me just
basically summarize...
JQA
. FEB _11 198�2
t
Mayor Ferre: We've got one hour left to this full City Commission meeting.
Mr. Gary: ...let me then summarize in one minute or two minutes the progress
that has been made. Basically, since 1973, where we had 61% white Anglos being
the majority of this work force, we have now achieved 61% of minorities. Second-
ly, it's important, since this City'Commission adopted the new Civil Service Rules
we have employed 83% of new hires have been minorities, 77% of the promotions have
been minorities and 99% of all CETA employees who transitioned to Civil Service
had been minorities. We made progress in terns of Latins, we made progress in
terms of Blacks, not only in terms of hiring but also in terms of promotions and
the high level positions. So the bottom line is this Commission, as well as this
City and the Human Resources Department, should be proud in terms of the tremen-
dous progress that has been made in terms of Affirmative Action.
Mayor Ferre: Thank you, Mr. Manager. Would you turn the lights on?
Mr. Dawkins: Mr. Mayor.
Mayor Ferre: Yes, sir, Mr. Dawkins.
Mr. Dawkins: Mr. Gary, I comrrnnd you in that I quit the Affirmative Action Board
for the simple reason that Grassie was show -boating and doing nothing. It it had
not been for Mr. Krause -and I do not say this to pad him on the back- I say this
to acknowledge the fact that, in my opinion, all of the Affirmative Action that
took place under the Grassie Administration was at the urging of Mr. Krause. If
Mr. Krause had not been there, Black people would not have gotten anything. My
only problem with this is that with the wonderful track record that the City of
Miami has in employing Blacks, Latins and minorities, at the top echelons, where
the big money is paid, we have none. Now, there is a possibility that those jobs
have not opened up under your Administration but there is a need for some of us -
and I mean Blacks, Latins and women- to be up there in the $60,000-a-year jobs.
The Second thing I would like for you to take under advisement, and only as
advisement, I am not as a City Commissioner attempting to tell you as a City
Manager how to run the City, but I would like for you to take under advisement
the idea of moving Dr. Daniels -and you may call her Affirmative Action Coordina-
tor, you may call her Equal Opportunity Employee Relations and place her in your
office. I think by doing that, that we will be able to get a much better form of
affirmative plan to get minorities in the higher paid jobs.
Mayor Ferre: All right. Mr. Manager and J.L....
Mr. Plummer: Yes, sir.
Mayor Ferre: I want you to hear this because this is going to be controversial
thing that I am about to do, just to keep my record.
With all due respects to the Miami Herald and I think a very capable
journalist that covers the City for the Miami Herald -and I say this advisedly
because I think that Rick has been a consistently objective and fair reporter
of the issues before the City of Miami Commission. Now, I realize that journalism
is not an exact science and that people have to make decisions as to how they re-
port an issue. I don't have as match problems with the story that appeared in the
Herald as I do with the headline which he has nothing to do with. Do you have a
headline there? Yes,..while you get the headline out. Now, the fact that the
City of Miami still has under -representation on females and Blacks is unquestion-
ably true, and it has been true for the past 86 years that the City has existed.
That is not news, that has been the case, that is the news over 86 years. It
did not change from 1975 to 1980 to 1981. However, I think the fact that, for
example, Blacks went up from 5% to 11% in the professional jobs, 5$ to 11% is
a major increase, it's more than doubling in two and a half years. The fact
that we are not too far off from 19% is significant, the fact that we made so
dramatic a change in the past two and a half years, the fact the eight some odd
percent of the new hires are minority and women, the fact that the percentage
of people that are promoted is 79% came from minority and women, --I think that's
the story, that's the issue, that's what has changed, that's what the news is.
Now, no question, that that was mentioned in the story, there is no question -to
be totally fair- that it was mentioned, but that is not the thrust of the first...
and, as you know, I am not a journalist but, as you know, the first two or three
paragraphs of a story are usually ... kind of tell us what the story is all about,
as does the headline. And that's not really mentioned in the headline. Now, I
took the liberty -and I did it with a certain amount of regret because I don't
like doing this- but I called up the editor, the City editor, and I mentioned
this too, and he said that he would take it under advisement. Now, this story
came out on Tuesday, today is Thursday and I notice that there hasn't been any
correction. Now, ...
.85 FEB 11 1982
Mr. Carollo: They didn't.
Mayor Ferre: They did correct it?
Mr. Carollo: No, I said they took it under advisenent, the way they usually do.
Mayor Ferre: Now, I think that we really now have a difficult decision to take
because a major story has not been told in that particular newspaper, and I think
we have really no choice now, and I hate to do it this way but I don't think we
are going to get our story told in the Miami Herald unless we buy the time, so
I would like to move that the City of Miami and that this Commission instruct
the City Manager to take a full page ad if necessary or half a page -as you feel
appropriate- and tell the story factually and objectively the way wr see it, so
that we can get our side of the story too.
Mr. Carollo: Well, Maurice, if you would change that to both editions that they
appeared in -the regular Herald and E1 Herald.
Mayor Ferre: Yes, yes, that's fine, for both. See, I want to point out to you
_ and I want to read it into the record, the title of that story says: "City
Slights Minorities in Hiring", that is false, that is a lie, that is not true.
The City has not slighted minorities in their hiring, and nowhere in Mr. Zaldivar's
article does it say that. Now, where the headline writer of the Miami Herald found
that in the story I would like for somebody to point out. Nowhere does Mr. Zaldivar
in his story say that the City slighted minorities in their hiring, that is factual-
ly wrong. Now, the Miami Herald is very quick to criticize when other people make
mistakes, whenever they make a mistake they are very, very slow at correcting it.
And when they correct it, when they have to eat a little crow, they end up going
back to page 25 and down, in a small little column then "Errata: The Miami Herald
made a little mistake and we apologize." Now, since, they obviously are not going
to admit it, I would also like to point out that the second page headline reads
like this: "Wcren, Blacks getting low rank City jobs." Again, that is not so.
The City of Miami since its Affirmative Action Rules were adopted in the City
Ordinance that affects Civil Service Rules, in August of 1979, which is 2h years
ago, which is the only thing we can really be judged by and since, that is an
unaccurate..., that is a distortion, that is not true. "Women and Blacks are
getting low ranks City jobs" is not the case in the past 2� years. Now, there
you can have more of an argument as to how high is high, but "City Slights
Minorities in Hiring" is a total misrepresentation of the truth, and since this
has not been corrected, then I think we have no choice but to correct the record
factually. I would ask, please, so that we don't get into vindictiveness or
diatribe that we do not aet into an attack of the Herald -that is not the purpose
of this- I don't want any name-calling, I don't want to say the Herald does this
or that, please, we don't want to get into that. I think the only thing we need
to get .into is the factual, objective cold facts to clarify the records that the
City has not slighted minorities in their hiring. I so trove.
Mr. Dawkins: Before I second I would like to discuss it, please.
Mayor Ferre: Sure. I withdraw my motion for the discussion.
Mr. Dawkins: Okay. I agree with you wholeheartedly but I'm not a firm believer
in rewarding my enemies. Now, the Miami Herald wrote this article and they are
going to charge us top dollar for our ad, therefore, we are just paying them to
insult us -that's just my opinion, Mr. Mayor- and I feel that this Commission
should demand as a public service that the Herald retract the statement.
Mayor Ferre: I would accept it in this way, if it's all right with you, Com-
missioner Dawkins, that I would make my motion in the following way: That the
Manager request a meeting with the editors of the Miami Herald and that Mr.
Krause go with him, that we would like to request....
Mr. Carollo: You don't want to go with me, Maurice?
Mayor Ferre: No. That we would like to request -I think the word demand is
very strong- request that the Miami Herald correct an erroneous impression left
by the February 9th story. If within a reasonable period of time, at the judg-
nent of the City Manager, the misunderstanding has not been corrected, that the
Manager then be instructed to take an ad to print a story similar to what ... in
the Miami Herald, which made the mistake -I don't think we can put it in the..
(11ZILDIBLE BACKGRD= STAT MUC, NOT PLACED )NM T M PUBLIC RECORD)
86 F E B 1982
11
Mayor Ferre: Well, no, that's not the point, I don't think the News has been the
perpetrator of this.
Mr. Dawkins: I mean, I would rather pay them the money than....
Mayor Ferre: I would rather pay The News and have The Herald advertise it but
we can't do it that way, and the only way we can do it is, frankly -unfortunately,
as you said, to reward people who are doing this to us, but this is a newspaper
that has a circulation of half a million people and I think a half a million people
whoever reads the local section of their Dade County edition has read this and they
have an erroneous impression which has not been corrected, and unless they correct
it I think we have no choice but to pay to correct it....
a
Mr. Dawkins: I second the motion.
Mayor Ferre: ....and I frankly think that this, in my opinion, even though we are
paying for it, it will be a highly embarrassing thing to that newspaper, especially,
when we print this, and I think this is the way to do it.
Mr. Dawkins: I second.
Mayor Ferre: Call the question.
The following motion was introduced by Commissioner Mayor Ferre, who
moved its adoption:
MOTION No. 82-100
A MOTION INSTRUCTING THE CITY MANAGER TO REQUEST A MEZTING WITH THE
MIAMI HERAID, AND THAT THE MATZAGEft AMID MR. ROBERT KRAUSE, DIRECTOR OF
THE CITY OF MI.%Ml HUMkkN RESOURCES DEPARTMENT, REQUEST OF THE MIAMI
iLUZiUD THAT THEY 00PRECT THE ERROENOUS IMPRESSION LEFT BY AN ARTICLE
WHICii APPEARED ON THE FEBRLMPY 9, 1982 EDITION IN CONNECTION WITH THE
AFFIRMATIVE ACTION PRACTICES OF THE CITY OF MIA'KI; FURTHER STIPULATING
THAT IF, WITHIN A REASO: TABLE TIME, THE CORRECTION HAS Wr BEEN MADE,
THAT THE CITY THLN TAKE OUT A FULL -PAGE AD TO INFORM THE PUBLIC OF THE
TRUE FAC`1S.
Upon being seconded by Camussioner Dawkins, the motion was
passed and adopted by the following vote:
AYES: Mayor Maurice A. Ferre
Commissioner Miller J. Dawkins
Commissioner Demetrio Pere
Vice Mayor Joe Carollo
NOES: Commissioner J. L. Plummer, Jr.
AB=: None.
ON ROLL CALL:
*Mr. Plummer: I can't vote with the motion. You know, they say that they go
to press every morning, and I think really all you are going to be doing is
inviting 40 more articles because that will create 40 more full -page ads, hope-
fully, that this Commission might take up; at $18,000 a page, as I remember
correctly ... I just don't want to get into that kind of match. I would agree
with the first part of the motion that the Manager be instructed to go down to
the Herald and to lay the cold facts out, Mr. Krause, and then if they don't
do anything about it, then come back and report to this Commission. I guess
it goes back to the old days of Gene Davidson who said that they ought to be
more careful of what they put in those editorials, some day, someone might
take them seriously. I can't vote with the motion to expend $18,000 or..that
kind of money at this time. I am in accord with the first part of the motion
that they be given the facts and if they don't wish to correct something that
is obviously very wrong, then I think that this Commission will have to deal with
it on another basis but I just..I guess Miller hit it on the head, I don't want
to reward them for doing this kind of a thing. I remember when the Mayor of
Metropolitan Dade County who did not get their endorsement once time when he
was running, he did in fact took a full page ad and in big bold print told the
Miami Herald just exactly what he thought of turn, but not too many people read
the obituaries because that's where they put the ad. I'm all in favor with
the first part of the motion. I have to vote against the motion in total.
.87 FEB i 1 1982
ON ROLL CALL (of M-82-100)
*Mayor Ferre: In voting for this, let me reiterate that part II is at the dis-
cretion of the City Manager and that it is not a full or a half -page -I said a
full or a half page- I think you are going to have to take the cost into account
and I would hope that that is something that you could resolve fairly quickly,
and I vote yes.
Mr. Carollo: In the meantime, Mr. Mayor, I would like to make a motion that our
Publicity Department writes up a rebuttal to that story and that it be sent to
all the other forms of news media in this town, including radio, TV and other
papers.
Mayor Ferre: All right, there is a motion...
Mr. Plurmier: I second that motion.
Mayor Ferre: Further discussion, call the roll.
The following notion was introduced by Commissioner Carollo, who moved
its adoption.
MOTION 82-101
A 140TION REQUESTING ThE CITY MANAGER TO REQUEST THE PUBLICITY
DEPA.M-,- VrP TO WRITE A REBUTTAL TO THE MIAMI HERALD FEBRUAPY 9,
1982 ARTICLE IN CONNBC 'ION WITH AFFIRMATIVE ACTION PRACTICES OF THE
CITY OF MIAMI AND THAT SUCH PRESS RELEASE BE SENT TO ALL THE MEDIA
SERVING THIS AREA.
Upon being seconded by Ccm-nissioner Plummer, the motion was passed and
_ adopted by the following vote:
AYES: Commissioner J. L. Plumrer, Jr.
Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
Mayor Ferre: While we are on the subject of this motion of the Publicity
Department, Mr. Manager, and I say this again with all due respect to our De-
partment. You see, when I read this it was in the packet and that's where the
press got it. Now, in Accounting -and I know they have a much bigger Depart-
ment, a bigger budget, the Publicity Department in something that is such a
major breakthrough and a success story, would have a press release on this
issue before it became public in a packet. I might point out to you, Mr. Krause,
and I again say this with all due respects to you, sir, that your memorandum is
November 6th... December, January, February, it's three months. So three months
have gone by since your memorandum and I, you know, it's been sitting around
there for three months, so I see two things that we've done wrong: 1) that this
is a three-month old issue, and 2) that our media servioe did not have the op-
portunity to make a major release out of what I think is a major achievement.
I think that, for example, and Bill JGebre was pulling my leg about my making
the same statement for the last eight years every time we sell a bond, he's
right, but I have not seen the Publicity Department of the City of Miami ever
put out a press release about the fact that we were able to get a bond issue
for .6% lower than an equal quality issue Broward County just passed, and a
full point and a half than Metropolitan Dade County's last issue. So I think
this is something that we need to put out in the form of a press release. Okay,
we now go back to item G.
FEB 11 1982
24. COINENTION CENTER CHANGE ORDERS:
(a) Authorize expenditure of $1,600,000 to keep on schedule
the Construction;
(b) Notify private developer that he owes City for changes.
Mayor Ferre: Going back on item G, which we've on all day.
Mr. Manager, I think all the players are here, or should be, so I recognize
you on this issue.
Mr. Howard Gary: Mr. Mayor, members of the City Commission. I would like to
give a brief introduction to the subject matter and then have the Assistant City
Manager, Vincent Grimm, to explain the details. There exists currently a dispute
for lack of a better word, for various improvements that have to be made at the
Conference and Convention Center that we feel are to the benefit of the contractor.
After considerable discussion with legal counsel, including the City Attorney and
our bond counsel, as well as discussions with staff, we are taking the position
that we cannot afford due to the public interest of getting the facility completed
on time to go through a dispute process every time there is questions with regard
to who is liable for the cost of these improvements, and we have been advised
legally that we should inform the contractor that we will proceed with the develop-
ment of the project in view of the fact that we are currently behind schedule in
terms of the completion date or the initial completion date, and that we should put
him on notice in terns of holding him liable under all circumstances for the cost
of those improvements. We feel we have a facility that is a plus to the City and
that it is not our intent hold the developer hostage or to take the hotel from
him but it is our intent to protect the public's interest and the City Commission's
interest with regard to those improvements that have to be made that we feel are
attributable to the developer. At this time, I would like for Mr. Vincent Grimm
well, before 1 do that. I have discussed this matter with each of you, we've had
a meeting with the developer, we've infoi-med the developer fo the City's position
and we have, as of today, submitted to the developer a letter informing him of
his liability for these improvements and we've informed him that we anticipate that
he will pay these costs upon the completion of the project and that we will take
all measures to recoup these costs from him. I think it's important for the City
Commission to realize that we need to get the project done but likewise we need
to let the developer know that we will hold him liable for all the costs of those
improvements that benefit the developer. At this time, I would like for Mr. Vincent
Grimm to give you some background.
Mr. Vincent Grimm: Well, Mr. Mayor, members of the City Commission, the City Mana-
ger must have read my speech because T don't think I can add anything to what he
has said or the way he said it.
Mayor Ferre: All right, Mr. Manager.
Mr. Gary: Mr. Mayor, I am not sure whether the developer would like to say some-
thing at this time but what I need from this City Commission at this time is au-
thorization to proceed to expend $1,600,000 that we have available now to make
those improvements so that we can continue on a somewhat timely schedule of com-
pletion of this project with the understanding that the expenditure of those funds
will be the liability of the developer upon completion of the projecg. Also, we
would like for you to know that we need that action in order for us to proceed,
your authority to spend $1,600,000 for those improvements. Secondly, we would
for you to know that we will be back to you at a later date because there is
some additional change orders that have to be approved and are at this time under
study and advisement.
Mr. Dawkins: Mr. Manager, I will make a motion or whatever it takes to do that
for the simple reason that we are losing money now in that we don't have a Con-
vention Center. We have given money to the festivals for the arts, I mean, a
Latin Orange Festival, and they are going to take the money that we have given
them and they are going to the Fountainbleu Hotel to hold a ball because the
City of Miami does not have a Ball Room for them, so I would agree wholehearted-
ly to go post haste and complete the structure and put the developer and every-
one else on notice that we are going to hold him liable not only for the cost
incurred in completing the building but for any cost incurred in court fighting
them to prove that they owe us, and the ASTA Convention,..any loss that the
City suffers for any reason for the building not being complete.
�3
FEB Z 1 1982
Mr. Plummer: It's not just the ASTA Convention, Mr. Mayor, I want to tell you
I've had almost daily contact from the Florida League of Cities who is scheduled
immediately after that Convention and they are very concerned because there are
only one other or two other places in the State of Florida that they can hold
the Florida League Convention in, and they are sitting there biting their tongue.
Now, I've told them that the Mayor will personally be out there with a hammer and
nail to make sure that the ASTA Convention is going to be in place.
Mayor Ferre: I'll tell you what, if you hold the nail I'll wield the hammer.
Mr. Plummer: Mr. Mayor, you've never hit anything on teh head, so...
Mavor rprre: You want to maKe a bet? now about Lvovember 7. 190'1?
Mr. Plumper: You were close, I'll give you credit for close.
Mayor Ferre: Okay. Now, we have a motion but I haven't heard a second.
Mr. Plumn?r: Mr. Mayor, I'm going to second the motion, but I want to tell you,
in the strongest terms to my dear friend, Mr. Worsham, if what Mr. Gary tells me
and it is very clear in the contract that the City furnishes basically 4—walls
and that it is up to the developer to put into those four walls whatever he needs
and sees fit for the operation of his restaurant and ball room, I'm going to pro-
tect the City's interest, that's what I'm here for, to do everything within my
power and nothing short of collecting those funds, with interest, from the people
who they are due and owing. We cannot impede the opening of this Convention
Center, because if we do simulataneously we will all have to be pallbearers for
Mr. Vince Grinn, because he will coardt suicide, so all I'm saying is we've got
to go full speed ahead so that we can meet our obligations and they we'll argue
about whose cost it is later.
Mayor Ferre:
We've got a rrotion
and a second, further discussion,
..Mr. Paul.
Mr. Dan Paul:
Mr. Mayor, I would just like to make one further...
Mr. Carollo:
Excuse me, can you
state your name for the record and
your hame
address?
Mr. Paul: If
you would listen I
gaze my name and home address, Mr.
Carollo.
Mr. Carollo:
Well, not this time, sir, there is a rule that every
time a person
comes here he
has to give his name
and his home address.
Mr. Paul: I just gave it but I'il be delighted for your benefit to give it
again, Dan Paul, 19 Star Island, Miami Beach.
Mr. Carollo: Thank you, sir.
Mr. Psul: Mr. Mayor, I would strongly suggest that if you are going to front
end the money, and obviously you have got to complete the Convention Center,
you do not have a choice it seems to me, reserving your rights, however, against
Mr. Worsham, but it seems to me that this is an enouous benefit to Mr. Worsham
not to have to come up with this money on the front end and as a show of good
faith, as you know, Mr. Worsham has sent the City letters that ne intenas zo file
a multi -million dollar lawsuit against the City for failing to OWPlete the Con-
vention Center on tine. And I think you ought to ask Mr. Worsham, at this tine,
to resolve that matter and to waive that claim against the City in consideration
of the City front -ending this money and saving him all the cost of having to
borrow it or to resolve this dispute and I think that it is only fair that this
be done. Secondly, I want to point out that you are in no weak bargaining posi-
tion when it cores to this because I think if you ask your City Counsel, he will
tell you that, as the City Manager has already said, that if you get to an inPasse
in this situation, that this matter can be put of for rebid because the Watson
Island case clearly gives the City that option, and this is not so unusual a
legal situation when a matter is in progress that you ask somebody else to Cane
in and bid and take over and bail out the person that's in and see what kind of
a deal you can get for an almost completed hotel and an &host omPleted Con-
vention Center. I have one other matter that relates tangentially to this. If
you recall, 14r. Mayor, and I think Mr. Plunmr are the only two people an the
Commission who will recall this, at the time we considered the set back auend-
nmt the Mayor took the original position that the City should not, in any way,
be exempted from this amendment, and Mr. Grimm cane here and said that the Con-
vention Center woUd be in very bad shape because it was already planned unless
90 FEB 1 1982
I
the 50 foot setback ... and then sambody came from Watson Isl,4nd and said the same
thing, and the amendment was supposed to include those two exceptions, instead,
when it finally got drafted, it exerted all City properties, and I think the
City is not acting in good faith in the spirit of the amendment when you use that
exemption for anything else, and I urge you to instruct the City Attorney to draft
an ordinance requiring, certainly as a minim, -everybody else has to do it- that
the City should not violate the 50 foot setback unless there is a public hearing
and unless there is sere public benefit to be shown, because you've violated it
for the restaurant, you've violated it for the Coconut Grove Sailing Club and
you should not continue to do it.
Mayor Ferre: At the urging of Parker, by the way.
Mr. Paul: Pardon?
Mayor Ferre: At the urging of your law partner.
Mr. Paul: May be, I haven't any idea, but the principle is there and I urge you
to adopt an ordinance to require public hearings when the City itself is violating
the 50-foot setback requirement.
Mayor Ferre:Dan, let me answer you from the easier to the more complicated. I
am in total agreement with your third point, and I will personally offer a motion
that the City Attorney draft an ordinance and come back...I think we must go through
a public hearing process before we do anything other than what the ordinance says
for the public sector, I'm in agreement with that, and I'll move that in a moment.
The other two issues are more complicated. I cannot force Mr. Worsham to come be-
fore this body and make a statement, now, if he wants to make it voluntarily I
certainly would welcome that and I think it sould be wonderful if Mr. Worsham
would step forward and say that it is not his intention to sue the City of Miami
with regards to the question of the lateness of delivery of the project. With re-
gards to your second question, that is, of rnurGe, n very complicated legal matter.
I don'c know whether, Mr. t,.nox, whether you are prepare' to R'_ve us a statement on
such a complicated legal issue whether Cie Glatstein case is applicable, specific-
ally, if you are then that's fine, but if you are not, then 1 think that that's
something that we can take up in the future and I have no objections to asking you
to put that into writing. Were you ready to give us a legal opinion on that?
_ Mr. Knox: Yes, sir. I will not, however, concede that the Glatstein_ case compels
an action by the City Commission but I do concur that the result of the Glatstein
case give the City an option with respect to some alternative method of completing
the project.
Mayor Ferre: So, that's your legal opinion. Anything else?
Mr. Paul: No, that's all, Mr. Mayor.
Mr. Carollo: Mr. Manager, if I may. Mr. Manager, does Miami Beach have a 50
foot setback?
Mr. Gary: Cornissioner, I am not sure whether they have one or not. I'll try
to find out from staff.
Mr. Carollo: Mr. Paul, since you are a resident of Miami Beach and not of the
City of Miami, can you tell me if Miami Beach has a setback or not?
Mr. Paul: Yes, Mr. Carollo. If you had been following, I fought that fight
a long time ago in Miami Beach and there is a 50 foot setback all along the
Atlantic Ocean and that has just been increased by action of the State Cabinet
to a much greater depth, on the City of Miami Beach.
Mr. Carollo: Good for you, Mr. Paul, I would hope that you could spend even
mre time in Miami Beach and guide them. Mr. Manager, what provisions have we
made in the City of Miami to make sure that whatever 50 foot setbacks are being
given to the City for public right-of-way is well lit?
Mr. Gaxy: Mr. Vice Mayor, there is no requirement that they have to be lit but
this City Commission has seen fit in giving Development Orders and zoning
varianoes that walk -ways be developed as well as the area ... have to give access
to the public as well as being lit.
Mr. Carollo: Mr. Manager, I would like to instruct you at this point to cxzt
.91 F E 8 111982
back to this Commission with a plan that would provide for every bit of the
public right-of-way in the 50-foot setback areas,that it would provide that
it would be well lit so that our citizens will not be mugged, our women will
not be raped and our children will not be molested by sexual perverts in this
community; wo if you would do that I will be very grateful and so will this
community, gut I think you understand, Mr. Manager.
I.r. Gary- Yes, nir.
Mayor Ferre: Is that a motion, Joe?
Mr. Carollo: No, I don't think it has to be made in the form of a motion
Mayor Ferre: All right. I will make the following motion.
Mr. Ongie: Mr. Mayor, we still have a motion on the floor, Mr. Dawkins' motion.
Mayor Ferre: I'm sorry, thank you.
The following motion was introduced by Cornrnissioner Dawkins, who moved
its adoption.
MC7TION 82-102
A MOTIal AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXPEND THE
AhrJUI T OF $1, 600, 000 FOR IMPiCVE�S YI'S TO THE CITY OF MIANII/JAMES L.
MIGHT CONVENTICN CENTER IN ORDER TO KEEP THE CONSTRUCTION CN A
REASWABLE SCEULE, AND ALSO DIRECi'ING THE CITY KMAGER TO ADVISE
THE DEVEWPER OF THE H= THAT HE WILL ULTIMATELY BE RESPONSIBLE
FOR ANY AND ALL COSTS INCURRED AT THE C OtjPLETIC N OF SUCH IMPROVE-
MEWM; FURTHER ADVISING THE DEVELOPER THAT IF HE FA.IIS TO REBOURSE
THE CITY, APPROPRIATE LEGAL STEPS WOULD BE TAKEN.
Upon being seconded by Commissioner Plurmer, the motion was passed and
adopted by the following vote:
AYES: Ca-missioner J. L. Plunner, Jr.
ConTussioner De--etrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: Bone.
ABSENT: None.
(See label No. 25)
25. LiSI'R = CITY A7MRVEY To DRAFT LEGISLATIop DEC LAR= CITY
LqI'ENTT NOT 70 VIOLATE THE 50-FOOT SE,Z"ACC Rr,,UIR34n1I'S Lj
FLYIVIRE MiSTF=C N.
Mayor Ferre: All right, now, I would like to move that the City Attorney draft
an ordinance wherein any time in the future that the City directly or indirectly
for itself or somebody else builds any structure that encroaches on the 50-foot
setback that it must be done, mi.nimn, with a public hearing properly advertised
and with an open public discussion, and that it is the intention of the City not
to build anything within 50 feet unless there is an exceptional reason and we'll
have to work on putting some teeth into that. I don't know the exact language
and I would like for ...Mr. Paul, if you have any reconumded language on that
to send a copy to the City Attorney and for that matter, any other attorney...
Mr. Carollo: Thank you, Mr. Mayor, any other attorney.
Mayor Ferre: ...or Mr. Fine, or Mr. Davis, or any other attorney, wishes to
submit any other language on this issue. I think it is an issue that it's not
Mr. Paul's issue, it's an issue that confronts the City. Bill Gjebre has been
asking me about that for the last two weeks in reference to the Sailing Club
here and I want to personally put on the record, Mr. Manager, that I frankly
am somewhat appalled at the architecture of that sailing club where they have
a ramp that completely bolcks out the view and I think that is a monstrosity
i
92 F E B 11 1982
and I would like very much if we can request of them to tear that down. I think
that is a shameful abuse of a right that we gave those people, they built a
building which, in itself, is not bad because I think it follows the Coconut
Grove lines but I think that that ramp that goes out there and totally blocks
out the view for 50 or 100 feet is totally unacceptable and I would like for you
to look into that and report back to the Ccmmissicn. In the meantime, I put
that in the form of a motion. I so move.
Mr. Carollo: Is there a second?
Mr. Perez: Yes, I second.
Mr. Carollo: A motion and a second, further discussion, roll call.
The following motion was introduced by Ccmnissioner Mayor Ferre, who moved
its adoption.
MOTION 82-103
A MOTION INSTRLICI'ING THE CITY ATTORNEY TO DRAFT AN ORDINANCE
STIPULATING THAT IT WILL BE THE INTENTION OF THE CITY OF MTAMI
NOT TO BUIID ANYTHING IN THE FLTI M THAT WILL VIOLATE OR IN ANY
WAY EN UACH UPON THE 50-FOOT SETBACK REQUIREMENT, AND THAT IF
SUCH OONSM:U-WION IS CONTEMPLATED, THAT IT WILL BE FIRST THE SUBJECT
OF A PUBLIC HF.ARLUG AND THAT IT IS THE INTENTION OF THE CITY THAT
NO SUCH S7T4) liJRE SHALL BE BUILT WHICH VIOLATES THESE PROVISIONS
IN THE ABSENCE OF A VERY VALID REASON.
Upon being seconded by Co mLissioner Perez, the motion was passed and
adopted by the following vote:
AYES: Ccmnissi.oner J. L. Plumrer, Jr.
CchmTdssioner Dam --trio Perez, Jr.
Commissioner Miller J. Daukins
Vice Mayor Joe Carollo
Mayor Maurice Ferre
NOES: None.
ABSENT: None.
Mayor Ferre: All right, is there anything else to come up on this issues?
Mr. Gary: No. sir.
Mayor Ferre: Mr. Fine, Mr. Davis, Mr. Worsham? Okay.
26.
ADVERTISE FOR BIDS: PLACEMENT OF STATUE OF SIMON BOLIVAR
NEAR TORCH OF FRIENDSHIP-BAYFRONT PARE.
Mayor Ferre: We are now on item...
Mr. Carollo: Mr. Mayor, if you would like, so that Mr. Paul can get on hcm to
Miami Beach. I believe that I read in the paper that he was going to be caching
on another item today, the statue of Simon Bolivar.
Mayor Ferre: Is that an item before us?
Mr. Carollo: That is cn the agenda today, it is item 43,
Mayor Ferre: Do you want to take that up out of order?
Mr. Carollo: Yes.
Mayor Ferre: All right, take up item No.43, Mr. Manager.
93 FEB 11 1982
A 'BE'
Mr. Gary: Mr. Mayor, what we are requesting is that you give us authorization
to go out and receive bids so that we can determine what the cost would be to
construct the statue pursuant to the agreesrnnt that we have with ...
Mayor Ferre: The Government of Venezuela.
Mr. Gary: Venezuela. And once we've done that, we will be in a better position
to inform the country of what the cost would be so that they can deposit the ap-
propriate amount of money to permit us to construct.
Mayor Ferre: Well, see, I think that part of the problem is that that statue
has been in tam for a year....
Mr. Gary: Yes, sir.
Mayor Ferre: .....and they are getting a little bit upset, but on the other hand,
as I told the Consul General of Venezuela, it is unfair for them to be upset
with us when in effect they offered to pay for this and they haven't appropriated
or given us the green light on the money, so how can we proceed if they don't come
up with the money? So this, kind of moves that along, is that right?
Mr. Gary: Yes, sir.
Mr. Plumper: Mr. Mayor, I have a problem with this item as it's presented and
let me tell you what it is. I am not in the contracting business but $90,000 is
still a lot of money to me.
Mayor Ferre: The Government is paying for it.
Mr. Plunner: I understand that, sir. my concern lies in the area of how much
of the Park and what is the design of this plaza. Now, to me they could be for
$90,000 taking up a very small piece of concrete or they could be taking up
ridiculously a half an acre.
UNIDENTIFIED SPEAKER: No.
Mr. Plummer: Well, I don't know that, I have not seen the design.
Mr. Gary: It's in your packet.
Mr. Plumrnr: The design is?
Mr. Gary: Yes, sir.
Mr. Plug: Okay, fine, I withdraw.
Mayor Ferre: Is there a motion on this?
Mr. Carollo: There is a motion, Mr. Mayor.
Mayor Ferre: Is there a second?
Can-nissioner Perez: Second.
Mayor Ferre: Further discussion on item 43.
The following resolution was introduced by Carmissioner Carollo,
who moved its adoption:
RESO1=1CN NO. 82-104
e
A RESOLUTION ALn1iORIZ1% THE DIRECMR OF THE DEPARTMENTS OF
PARKS TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF PLAZA SDM
BOLIVAR NEAR THE TORCH OF FRIENDSHIP IN BAYFRIO TT PARK WITHIN
WHICH TO PLACE THE STATUE OF SIM N BOLIVAR THAT HAS SEEM DONATED
TO THE CITY BY THE DOVER00C CF VENEZUELA: FU U7HER PROVIDING
THAT AT THE OONCLUSICN OF THE BIDDING PRO FM FUNDS ARE TO HE
TRANSFERRED FROM THE GORTT OF VENEZLELA TO A CITY OF MIAMI
(over)
94 11
FEB 1982
CONSTRUCTI10 ACCO1NT PERMITTING THE PLAZA TGBE CONSTRUCTED
USING SAID FUNDS.
(Here follows body of resolution omitted herein and
on file in the Office of the City Clerk).
Upon being seconded by Commissioner- Perez, the resolution was
passed and adopted by the following vote:
AYES: Commissioner J.L.Plummer,Jr.
Commissioner Demetrio Perez Jr.
Commissioner Miller J. Dawkins
Vice Mayor Joe Carollo
:Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
ON ROLL CALL:
Mr. Carollo: Seeing that Venezuela is paying for all this, and seeing that
Venezuela is the one country from Latin America that sends the most tourists
and therefore the most dollars into this community from tourism I think that it
would be an insult to follow the suggestions of people of Dan Paul and others
nd are trying to knock this down. I vote yes.
FOLLOWING ROLL CALL:
Mr. Plummer: Mr. Manager, let me understand, what you are going to do is get
the bids, then you will come back to this Commission for final approval.
Mr. Mayor:, you are the only person that...
Mayor Ferre: J.L., once we get the bids, if the Government of Venezuela comes
up with $90,000 he is going to build it.
Mr. Plummer: Well, I would hope that you would at least let this Commission
know what you are talking about. Okay?
Mr. Gary: Yes, sir.
27. DISCUSSIO14 ITEM: PRESS RELEASE TO INFORH PUBLIC OF "KTW"
BULLET ORDINLN CL: ESTABLISH CENTERS WHERZ" CICIZENS MAY TUP14
IN TELLSE "YTW" BULLETS; DETERMINE FORM OF REIMBURSEMENT.
Mr. Carollo: Maurice, can we go back to that ordinance and that KTW bullet
that we passed? I think we better take care of this before we forget.
Mayor Ferre: Go ahead.
Mr. Carollo: Mr. Manager, I think we should do some kind of advertising, hope-
fully in the form of a press release so that we wouldn't have to spend any
money, to inform the public that this is the law of the City of Miami as of
now. Secondly, I would like to establish some rules and guidelines from the
Commission insofar as what locations citizens can go and hand -in these bullets
if that is the way that they would like to get rid of them....
Mayor Ferre: The Police Department.
Mr. Carollo:...well, I think we should establish it at the Police Department,
this is what I would recommend -the Police Department; secondly of all, since
this is private property that people paid for, I think we should establish
some rules as to whether this Commission wants to or not reimburse these people
for the money that they spent in those bullets, and if that is the case, what to
95 F E B 11 1982
W C
Mr. Carollo: ... do in order to get rid of them whether we want to sell them to
order departments, police departments in the County, the military or might keep
some of them for the use of our police officers if they so wish.
Mayor Ferre: Joe, in the interest of getting to the point, I think rather than
asking questions that you ought to come up with a recommendation. I would
suggest that you... that if you are putting this in the form of a motion, that,
that point #3, that we pay for what the current price is in the... what the current
price is in Miami stores for that bullet.
Mr. Carollo: I think we should pay a fair market value for whatever those bullets
are worth, Mr. Mayor and then have our Police Department try to sell them if
they ddn to other police departments or to military or for that matter, friendly
foreign countries, if they would like to buy them. But I think we live in a
democratic Country, it's a republic and I don't think the socialist way of doing
things is what we would like to do in confiscating our private property. So,
therefore, I make a motion that point or location rather where citizens can
bring in those bullets would be the Police Department and that the City of
Miami would pay a fair market value for these bullets when they are brought in.
Mayor Ferre: Alright, is there a second?
Mr. Perez: I second it.
Mayor Ferre: Further discussion, call the roll.
ON ROLL CALL:
Mr. Plummer: I want to vote with the motion, but I'm concerned, Joe. Is there
any idea at all on... I mean, are we talking about possibly a million dollars
worth of this?
Mr. Carollo: No, no way. No way.
Mr. Plummer: Alright, well, let's try it and see what happens and if it works,
you know, we will keep a control and if it starts to get out of hard, then we
will have to make some other measures. I vote "yes".
Mr. Dawkins: I have problems with confiscating something ... (INAUDIBLE).
Mr. Carollo: That's the whole thing, Miller. I have got more problems
confiscating and not paying for it. I see your point, but I think the other
way is worst. You know, that's the way they do in communist Countries.
Mr. Dawkins: Yes.
The following motion was introduced by Commissioner Carollo, who
moved its adoption:
MOTION NO. 82-105
A MOTION DIRECTING THE CITY MANAGER THAT, IN CONNECTION WITH THE
RECENTLY ENACTED ORDINANCE PROHIBITING THE USE OF THE "KTW" BULLET
IN THE CITY OF MIAMI, HE SHOULD IMMEDIATELY PROCEED TO DO AS
FOLLOWS:
1) ESTABLISH A LOCATION -FOR INSTANCE, LIKE THE POLICE DEPARTMENT
WHERE CITIZENS MAY BRING IN ANY "KTW' BULLETS THEY HAVE ALREADY
PURCHASED;
2) THAT THE CITY OF MIAMI ESTABLISH A FAIR MARKET VALUE OF THE
AFORESAID BULLET IN ORDER THAT THE CITY MAY FAIRLY REIMBURSE
THE PERSONS WHO WILL VOLUNTARILY TURN IN SUCH BULLET; and
3) THAT HE EXPLORE WAYS IN WHICH THE CITY OF MIAMI CAN RE -SELL
AND/OR DISPOSE OF ANY KTW BULLETS WHICH ARE TURNED IN.
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. ('���; FEB 11 1982
0
28. AUTHORIZE COLLECTIVE BARGAINING AGREEMENT:
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO LOCAL 567
Mayor Ferre: This is collective bargaining agreement, which is Item 33.
Alright, is there...
Mr. Plummer: Move it.
Mayor Ferre: Moved by Plummer, is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Seconded by Dawkins, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-106
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO THE
ATTACHED COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF
MIAMI AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO,
LOCAL 587, FOR THE PERIOD OF OCTOBER 1, 1981 THROUGH SEPTEMBER
30, 1983.
(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.
29. CONFIRM ELECTION OF RAY PENLAND AND A. G. SHERMAN
AS MEMBERS OF THE CIVIL SERVICE BOARD
Mayor Ferre: Now, the next one is 58, this is confirming the election of
Ray Penland and A. G. Sherman...
Mr. Carollo: Move.
Mayor Ferre: Moved by Carollo, is there a second?
Mr. Plummer: Second.
Mayor Ferre: Seconded by Plummer, further discussion, call the roll.
9'7
1
28. AUTHORIZE COLLECTIVE BARGAINING AGREEMENT:
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO LOCAL 587
Mayor Ferre: This is collective bargaining agreement, which is Item 33.
Alright, is there...
Mr. Plummer: Move it.
Mayor Ferre: 'Moved by Plummer, is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Seconded by Dawkins, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-106
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO THE
ATTACHED COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF
MIAMI AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO,
LOCAL 587, FOR THE PERIOD OF OCTOBER 1, 1981 THROUGH SEPTEMBER
30, 1983.
(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.
29. CONFIRM ELECTION OF RAY PENLAND AND A. G. SHERMAN
AS MEMBERS OF THE CIVIL SERVICE BOARD
Mayor Ferre: Now, the next one is 58, this is confirming the election of
Ray Penland and A. G. Sherman...
Mr. Carollo: Move.
Mayor Ferre: Moved by Carollo, is there a second?
Mr. Plummer: Second,
Mayor Ferre: Seconded by Plummer, further discussion, call the roll.
97 ,
F E_ . .L
LA
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-107
A RESOLUTION CONFIRMING THE ELECTION OF RAY PENLAND AND A. G.
SHERMAN TO SERVE A 2 YEAR TERM AS MEMBERS OF THE CIVIL SERVICE
BOARD. .
(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.
30. CONFIRM ELECTION OF CONNOR I. ADAMS AND WILLIAM J. RABUN
TO THE RETIREMENT BOARD OF THE MIAMI CITY GEIVERAL EMPLOYEES
RETIREMENT PLAN
Mr. Carollo: Move 57.
Mayor Ferre: There is a motion on 57. This is confirming Connor Adams and
William Rabun to the Retirement Board.
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez, further discussion, call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-108
A RESOLUTION CONFIRMING THE ELECTION OF CONNOR L. ADAMS AND
WILLIAM RABUN TO THE RETIREMENT BOARD OF THE MIAMI CITY GENERAL
EMPLOYEES' RETIREMENT PLAN.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: hone.
FEB 1 1 1982
31. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD
Mayor Ferre: Take up Item 65.
Mr. Carollo: Is this the one that you need, appointing certain individuals
to the Code Enforcement Board?
Mr. Gary: We need that one so terribly. We postponed it for about three months
now.
Mayor Ferre: Well, who is it we are appointing?
Mr. Gary: We need to appoint six members. Two have been nominated, one by you
Mr. Mayor and one by Mr. Perez. So, we need to confirm those two as well as
make four additional appointments.
Mr. Plummer: My nominee is Mr. Ralph Johnson.
Mayor Ferre: Mr. Ralph Johnson was nominated. Who are the others?
Mr. Dawkins: I nominate Bill Johnson.
Mr. Carollo: I will be bringing nominees any minute. I have them in the office.
Mr. Gary: Mr. Mayor?
Mayor Ferre: Yes, sir?
Mr. Gary: If I may, you and Commissioner Perez have nominated one each...
Mr. Plummer: Yes, you have already done yours.
Mr. Gary: ... and I will give you the names, it's right on the sheet there.
You have nominated a Mr. Peter Padowitz and Commissioner Perez appointed Dr.
Hugo Ayala.
Mr. Carollo: Mr. Manager, I would like to nominate Carlos Arboleya, Jr. and
Willie Fernandez.
Mayor Ferre: Alright, now how many does that make?
Mr. Gary: Six.
Mayor Ferre: And how many do we need?
Mr. Gary: Six.
Mayor Ferre: Well, that's it.
Mr. Gary: Now, Mr. Mayor, you need to... of the six, two have to be for one
year, two for two years and two for three years.
Mayor Ferre: Alright, I would like to nominate Peter Padowitz since I only
had one out of the six to be the three year nominee.
Mr. Plummer: And I will do likewise with Ralph Johnson, but I would rather
pull them out of a hat I think is fair.
Mr. Carollo: Ok, we could do it that way that fine or you know...
Mayor Ferre: Well, does it really make any difference?
Mr. Dawkins: Yes.
Mayor Ferre: Ok, then pull them out of a hat. Go ahead and put the names in
a hat.
99 FEB 111982
(COMMENTS OFF THE PUBLIC RECORD)
Mayor Ferre: Would you do that. I will tell you what, in the interest of time
we will do this in a second. Now, there is a motion by Carollo, seconded by
_ Plummer that the six names be appointed as names and we will pick up the dates
in a moment. Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-109
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE CODE ENFORCEMENT
BOARD TO SERVE DESIGNATED TERMS THEREON.
(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.
32. AWARD BID: DOWNTOWN GOVERNMENT CENTER PARKING FACILITY 270 N. W.
2 STREET
Mayor Ferre: Take up 76. Is that right, Mr. Manager? Was that your big issue?
Mr. Gary: Yes, sir, we need it desperately.
Mayor Ferre: Alright, this is the Downtown Government Center parking facility...
Mr. Carollo: Move.
Mr. Dawkins: Second.
Mayor Ferre: Alright, it's been moved by Carollo, second by Dawkins, further
discussion, call the roll on Item 76.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-110
A RESOLUTION ACCEPTING THE BID OF SHAFER S MILLER,
INC., IN THE PROPOSED AMOUNT OF $6,880,000.40, BASE
BID "B" OF THE PROPOSAL, FOR THE DOWNTOWN GOVERN-
MENT CENTER PARKING FACILITY; WITH MONIES THEREFOR
ALLOCATED FROM THE ACCOUNT ESTABLISHED BY THE SALE
OF $10,400,000 IN PARKING REVENUE BONDS TO COVER
THE CONTRACT COST, IN THE AMOUNT OF $6,880,000.40;
ALLOCATING FROM SAID FUNDS THE ADDITIONAL AMOUNT
OF $341,000 TO COVER THE COST OF ARTWORK, PROJECT
EXPENSE, AND ADDITIONAL ARCHITECTURAL AND ENGINEERING CONSULTING
FEES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM, SUBJECT TO THE AVAILABILITY OF FUNDS. �'� 1 1 1982
100
•
(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. V
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
MIEND 1 OF 9353 (CAPITAL INPROVEP[ENT OB.DINANICE)
33. ESTABLISH "LATIN QUARTER. STORM SC[?T:P, P-.OJT CT"; INCREASE
APPROPRIATION OF HOUSING DEVELOPMENT PrC'Gnh'_i(Affordable
Rental Housin¢)•REPAY "BLUE LAGOON"; COFF AFF.A WEST
Mayor Ferre: Take up Item 13. This is an amendment to Section 1 of the ordinance
City Capital Improvement Appropriations Ordinance. Is there a motion?
Mr. Dawkins: I move it.
Mayor Ferre: Ok, is there a second?
Mr. Carollo: Second.
Mayor Ferre: There is a second, further discussion, read the ordinance.
Alright, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 9353, ADOPTED NOVEMBER 19, 1981, THE CITY'S
CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE
FOR FISCAL YEAR 1981-82, AS AMENDED; BY DECREAS-
ING APPROPRIATIONS IN AT AMOUNT OF $260,000 FROM
1970 AND 1978 STORM SEWER GENERAL OBLIGATION BOND
FUND FOR STORM SEWER CAPITAL PROJECT V. B.6,
LOCAL DRAINAGE'PROJECTS AND APPROPRIATING SAME
AMOUNT OF $260,000 TO ESTABLISH PROJECT V. C.4,
LATIN QUARTER STORM SEWERS PROJECT; BY TRANS-
FERRING REMAINING AND AVAILABLE FUNDING BALANCE
IN AN AMOUNT OF $15,173,000 FROM PROJECT VI. B.14.,
THE 1972 PARK AND RECREATIONAL FACILITIES GENERAL
OBLIGATION BOND FUND ALLOCATED TO THE F.E.C. PARK
ACQUISITIONS CAPITAL PROJECT, TO THE CAPITAL
IMPROVEMENT FUND ESTABLISHING SAID PROJECT AS
PROJECT IX. B.(i)24., AND FURTHER INCREASING
APPROPRIATIONS IN AN AMOUNT OF $4,000,000 FROM
UNALLOCATED PROCEEDS OF THE INTERAM.A LAND SALE:
BY ESTABLISHING A NEW APPROPRIATION IN AN AMOUNT
OF $400,000 FROM UNALLOCATED ACCRUED INTEREST
EARNINGS FROM THE 1976 HOUSING GENERAL OBLIGA-
TION BOND FUND TO INCREASE APPROPRIATIONS FOR
PROJECT VIII. B.1., HOUSING DEVELOPMENT PROGRAM
FOR AFFORDABLE RENTAL HOUSING; BY APPROPRIATING
AN AMOUNT OF $300,000 FROM UNALLOCATED RESERVE
FY 1982 FLORIDA POWER AND LIGHT FRANCHISE EARN-
INGS AND $175,000 FROM PROCEEDS OF VIRGINIA KEY
LANDFILL SALE TO INCREASE APPROPRIATIONS FOR
PROJECT IX. B. Mll., BLUE LAGOON; BY ESTABLISHING
101 F E B
11 1982
A NEW APPROPRIATION IN AN AMOUNT OF $200,000 FROM
PROCEEDS OF THE VIRGINIA KEY LANDFILL SALE TO
INCREASE APPROPRIATIONS FOR PROJECT IX. B. (1)21.,
BAYFRONT PARK BAYFILL, LANDFILL AND BULKHEAD RE-
PLACEMENT; BY INCREASING APPROPRIATIONS FOR PARK-
ING CAPITAL PROJECT XIII. B. (i)l., CORE AREA
WEST PARKING GARAGE, IN AN AMOUNT OF $60,000
FROM A LOAN FROM THE CAPITAL IMPROVEMENT FUND
FY 1982 FLORIDA POWER AND LIGHT FRANCHISE EARN-
INGS; CONTAINING A REPEALER PROVISION AND
SEVERABIL[TY CLAUSE; AND DISPENSING WITH THE
REQUIREMENT OF READING SANE OF TWO SEPARATE
DAYS BY A VOTE OF NO LESS THAN FOUR -FIFTHS
OF THE MEMBERS OF THE COM.IISSION:
ias introduced by Commissioner Dawkins and seconded by Conuiissioner Carollo
:or adoption pursuant to Section 4, Paragraph (f) of the City Charter,
dispensing with the requirement of reading same on two separate days by
a vote of not less than four -fifths of the members of the Commission -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission, on motion of Commissioner Dawkins and
seconded by Commissioner Carollo, adopted said ordinance by the following
vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9372
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and copies were available to the public.
34. APPOINT VOTING DELEGATE TO FLORIDA LEAGUE OF CITIES
(Commissioner Joe Carollo)
Mayor Ferre: I would like to appoint Commissioner Carollo to the Florida
League of Cities as our representative. Anybody have any objections to that?
Mr. Plummer: I will move it.
Mayor Ferre: Moved by Plummer.
Mr. Perez: I second.
Mayor Ferre: Seconded by Perez, further discussion, call the roll.
'102 F E B 11 1982
LJ
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-111
A RESOLUTION APPOINTING VICE -MAYOR JOE CAROLLO TO SERVE AS THE
CITY OF MIAMI'S REPRESENTATIVE TO THE FLORIDA LEAGUE OF CITIES.
(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.
Mr. Plummer: And instruct the City Clerk to forward to Mr. Ray sitting a copy
of that resolution.
35. AMEND SECTIONS 35-91 and 35-93 OF THE CITY CODE
ESTABLISH RATES AT ON -STREET PARKING METERS AND CERTAIN
OFF-STREET LOTS
Mayor Ferre: Alright, take up #19.
Mr. Plummer: Mr. Mayor, may I bring to your attention that there are a number
of people here on a public hearing scheduled for 2:30.
Mayor Ferre: Yes, I realize that J. L. and I am going to take you up as soon
as I can, but we got a problem that we are going to be missing a Commissioner
just a matter of two or three minutes and we have got some very essential things
that we need...
Mr. Carollo: I can stay for at least another forty-five minutes Mr. Mayor.
Mayor Ferre: Alright, fine. Alright, well let's take up Item #19 so we can
get this parking...
Mr. Plummer: Move it.
Mayor Ferre: Alright, it's been moved by Plummer, is there a second?
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez, further discussion, on first reading, read
the ordinance. Alright, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTIONS 35-91 AND 35-93 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, (1960), AS AMENDED,
ESTABLISHED 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
CONFIRMING ALL ACTS OF THE OFF-STREET PARKING BOARD AND
ITS DIRECTOR AS TO RATES HERETOFORE CHARGED; FURTHER
PROVIDING THAT THE DIRECTOR SHALL CAUSE CERTIFIED COPIES
TO BE FILED PURSUANT TO SECTION 503 OF THE TRUST INDENTURE;
CONTAINING A REPEALER PROVISION AND'A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Perez
and passed on its first reading by title by the following vote-
103 r E o 1 1982
W
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and to the public.
36. AUTHORIZE CITY MANAGER TO ADVERTISE THROUGH PUBLIC HEARING
PROCESS TO PERMIT BIDS AND PAVING OF F.E.C. PROPERTY FOR
600 PARKING SPACES AS A TEMPORARY USE
Mayor Ferre: Alright, now, Roger, you and I talked yesterday. Mr. Manager,
I want you to hear this. You pulled an item and I called... I called up the
Off -Street Parking Authority to get clarification on the issue. We need parking
desperately in Downtown Miami. I understand that the Hines Company has offered
to pave the F.E.C. Property and we would get six to seven hundred parking spaces,
they want two hundred and it's a question of the length of the contract and all
these other negotiated items. I would like to move and Demetrio, I want you
to listen to this, because this is an issue that affects all of us here. Parking
we desperately need in Downtown Miami. I would like to move that the Manager
be authorized to advertise, because you are going to have to do it in a public
hearing process and accept the best and highest bid, so that we can move along
with the private sector paving of the F.E.C. Property that we have recently
taken. Also known as the P 5 0 Property so that we can get... how many Roger?
Six hundred?
UNIDENTIFIED SPEAKER: Six hundred, sir.
Mayor Ferre: Parking spaces, provided that a contract be signed with the best
and highest bidder, Gerald Hines Company or anybody else and as I understand it
the basis is that they will have the right to occupy two hundred spaces for
them putting up the money and paving the property for us and that they will...
that if we remove it before a five year period, that you will negotiate a one
fifth basis or something similar to that. In other words, if we take it away
from them in two years we will have to put up the money minus whatever the usage
of that land has been.
Mr. Gary: Mr. Mayor, I have just been informed that you should make sure that
you say this is temporary use of the F.E.C. land.
Mayor Ferre: For a temporary use of this property and I so move.
Mr. Carollo: There is a motion and a second, hearing no further discussion,
call the roll.
The following motion was introduced by Commissioner Ferre, who
moved its adoption:
MOTION NO. 82-112
A MOTION THAT THE CITY MANAGER BE DIRECTED AND AUTHORIZED
TO ADVERTISE AND GO THROUGH A PUBLIC HEARING PROCESS IN ORDER
THAT HE MAY ACCEPT THE BEST AND HIGHEST BID IN CONNECTION WITH
THE PRIVATE SECTOR PAVING OF THE F.E.C. PROPERTY WHICH THE
CITY HAS RECENTLY TAKEN, SO THAT THE CITY MAY AVAIL ITSELF OF
600 ADDITIONAL PARKING SPACES (AS A TEMPORARY USE OF THAT
PROPERTY) PROVIDED A CONTRACT CAN BE DULY SIGN WITH THE BEST
AND HIGHEST BIDDER.
104 1982
FEB 11
D
Upon being seconded by Commissioner Perez, the motion was passed
and adopted by the following vote:
AYES: Mr. Perez, Mr. Dawkins, Vibe -Mayor Carollo and Mayor Ferre.
NOES: Mr. Plummer
ABSENT: None.
37. PUBLIC HEARING: PROPOSED MONUMENT ON MEDIAN STRIP
S.W. 13 AVENUE BET. S.W. 11 AND S.W. 12 STREETS
Mr. Carollo: Mr. Mayor, can we bring up the item from 2:30?
Mayor Ferre: Yes, sir, what item you want to take up?
Mr. Carollo: The public hearing on the monument on Southwest llth and 12th
Streets.
Mayor Ferre: Yes, sir, go ahead.
Mr. Carollo: Can the people come up here?
Mayor Ferre: This is Item 2?
Mr. Carollo: That's correct.
Mayor Ferre: Alright, there is a public hearing to be held in connection to
the proposal for the erection of a monument on Southwest 13th Avenue in the
median strip between Southwest llth and 12th Streets pursuant to the request
made by the Presidio Politico Historico Cubano. Are you ladies the opponents to
this? Alright, first we will hear from the proponents and then we will hear
from the opponents. Go ahead.
Mr. Miguel Guevara: (SPEAKS IN SPANISH).
Mr. Odio: (TRANSLATES)... Miguel Guevara, 1136 Southwest 13th Avenue.
Mayor Ferre: (SPEAKS IN SPANISH).
Mr. Guevara: (SPEAKS IN SPANISH).
Mayor Ferre: (TRANSLATES)... alright, the plan has been presented and they
are asking for approval of the plan so they can erect the monument on 13th.
Alright, do you have a copy of the plan, Cesar?
Mr. Odio: No, the Parks Department has it. They did not bring it again,
because...
Mayor Ferre: Alright, would the Parks Department bring a copy of the plan
please? This is a public hearing. How can we have a public hearing for
erection of a monument and the Park Department doesn't have a copy of the
monument. Where is the Parks Department. Well, Public Works or whoever is
going to erect this. Mr. Manager, we have a slight problem here, sir. The
slight problem is that the Parks Department has a copy of the plan and we
don't have the plan here. Now, how are we going to have a public hearing
if the Parks Department doesn't show us what we are going to build. Where is
the Parks Department?
Mr. Gary: Mr. Mayor, I apologize, the Parks Director obviously, is not here
today.
Mayor Ferre: Ladies I'm awfully sorry to do this to you, but we are going
to have to wait until the Parks Department brings the plan... will you get
somebody on a pony express to go get it. He is coming in right now, ok, then....
105 1982
FEB 11
P
Mr. Plummer: Can I also ask, Mr. Mayor, this was to be referred to the
Memorial Committee, I don't see the recommendations of the Memorial Committee
Mr. Odio.
Mr. Gary: That's not his department.
Mr. Plummer: Oh, I'm sorry, Mr. Manager?
Yr. Gary: Cbviously, this is falling through the crack. Let -,,Ie wait until
Carl .<E;rn comes in to explain what occurred.
fir. C::io: It I may clarify on this one. What I understood was tat the public
heari;sc would substitute going to the Memorial Committee.
M-r. Mayor: :fiat's right, I think.
Mir. Pl=mer: No, no, Mr. Carollo was very insistent that the Me-morial Committee
would in fact be sequestered immediately so it would not delay the public hearing.
Mr. Odio: My understanding Commissioner Plummer, was that this public hearing would
substitute the Memorial Committee.
Mr. Carollo: That is correct.
Mayor Ferre: Alright, Mr. Clerk, would you advise how Mr. Carollo picked those
numbers and I want to know if anybody saw him do the picking.
------------------------------------ 1-----------------------------------------
NOTE FOR THE RFCOP.D: R-82-109 appointed the hereinbelow stated
individuals to the "Code Enforcement Board":
Peter Padowitz - (3-year term) Hugo Ayala - (1-year term)
WilliQ Fernandez - (3-year term) Bill Johnson (1-year term)
Ralph Johnson - (2-year term)
Carlo= Arboleya, Jr. (2-year term)
-------------------------------------------------------------------------------
Mayor Ferre: Alright, Mr. Odic, have you got the picture?
Mr. Odio: Yes, sir. It was approved by the Memorial Committee.
Mayor Ferre: It was approved by the Memorial Committee. Show it to the ladies
and the gentlemen.
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mayor Ferre: Alright, now we are going to listen to the opponents. Ma'am,
I will recognize you, your name and address for the record.
Mrs. Jennie D'Agostino: My name is Jennie D'Agostino. I live at 1100 Southwest
13th Avenue. I have lived there 23 years. So, I want to say this monument is
going to bring a lot of traffic in the neighborhood, which you already cannot
handle, because we already have two monuments there. In the first place that
is a parkway, it's not a park. I don't want no monuments around here, not
even the American patriots. They don't belong there. We brought our houses
where children can play in the parkway and that is always bringing people,
drunks, drinking. I am not against anything the Cubans do, I am Cuban and I
love my Country, but this is just a little too much. We have got to put a
stop to things that do not belong there. When they have parades and meetings
and all kinds of things in those two monuments they already have there people
that come in the neighborhood, they take our parking place, they pull in our
driveway. We have fought with people that don't even live in the neigl-iborhood.
Mr. Carollo: Mr. Manager, can you make sure that the Police Departmment, especially
in the next few weeks until the matter is cleared up, give some extra attention
to that ::rea in case there are people drinking in the streets there, in case
them are people violating the law there, that they will be handled appropria-_ely?
Mr. Cary: Yes, sir.
Mrs. D'Agostino: There is not enough policemen to handle the traffic around
there and the problems that those monuments, they already bring to our neighborhood.
Mayor Ferre: Alright, thank you, Mrs. D'Agostino.
F LE8 1 i 1982
106
Ms. Helen Malakov: I am Helen Malakov. I live at 1269 Southwest. 17th
Street, that's the key lot to 13th Avenue. I would like to add also to the traffic
the garbage and the trash that the people bring. I took a friend of mine down
there today before I came to this City Commission meeting, there was a City truck
cleaning up the memorial to the "Bay of Pigs" and from the back of that memorial
down to 12th Avenue that median was filled with cups, Burger King--- I'm not
advertising--- napkins and just litter, that's something that the monuments bring.
People come to see the monument to see who they are putting up a memorial to. I
do not object to memorializing the heroes. We need to memorialize even more of
our heroes. We have... and when I say our I mean American. I really don't know
what has become of Americanism, but that is one of my objections to the monument
being there. We have never had another ethnic group come in here that has wanted
to put in some many monuments. We have thirty-one in Bicentennial Park. When
are we going to stop? When is enough, enough?
Mayor Ferre: ,'Alright, next speaker. We need your name and address for the
record.
Ms. Alberta Ryan: I am Alberta Ryan, 1270 Southwest 14th Street. And it was in
the neighbor's paper the other day the first I read about it was coming up and
then I have been talked to about it several times and when it started out two
blocks were to be the memorial park and then the rest, that was just to be
Southwest 13th Avenue and Memorial Parkway clear out through Coral Way and this
just makes more disturbance in 13th Avenue there and it's very, very crowded as
it is. And we would like to leave it just as it is and keep it nice and pretty,
what we have there now. We have two statues there, they are very pretty, but
they are just not maintained properly and we would like to just leave it just
like it is for the time being. That was our thinking, that we would like the
whole area to stay nice and pretty and be cleaned up nicely. I think that comes
first because it isn't cleaned nicely.
Mayor Ferre: Thank you, Ma'am. Alright, now any other speakers? Any other
people that are protesting this. Alright. Now, I realize that there are a
lot of neighbors here and before we get into the round of discussion I would
just like to express my opinion so we understand each other. I think that the
members of the Cuban community and especially those that were political prisoners
in Cuba are entitled to have a symbol here, which is their home now, of the
suffering of those who have fought for freedom and served the freedom of their
Country. However, that does not necessarily mean that this is the proper location
for it. One thing is whether or not they should have a monument and the other
thing is whether or not the monument should be here. The problem with this location
is that it is basically a residential neighborhood. The problem is that it
encroaches unfortunately, on the rights of people, be they Latin or Anglo or
White or Black or whatever who live in the immediate area and it is... it goes
contrary to a commitment that this City Commission, I think, made in the past.
Not this one, but the previous City Commission made in the past when we went
over that very, very difficult period of renaming 13th Avenue as Cuban Memorial
Boulevard and the placing of, I think, two monuments. One, the "Bay of Pigs"
and the other one is the "Antonio Maceo"? Now, for us to put a third monument
there, I think, is really going to create more of a encroachment on the residential
character of the neighborhood. I would like to perhaps recommend a logical place
for this monument to be and that is in Bayfront Park. Now, in Bayfront Park
close to where the Jose Marti statue is or will be, because I think Jose Marti
was also a political prisoner and also served his Country with a great deal of
dignity and is the symbol of the honor of being a political prisoner. I would
recommend that as we find an appropriate place eventually in the redesign of
the plan, that this monument be in the proximity of the Jose Marti monument,
which is I think a reasonable place. Now, there it will not encroach on a
neighborhood and at the same time it will be in an area that I think will have
the respect and the honor which this monument deserves.
Mr. Plummer: Mr. Mayor, I likewise concur with your thinking. Two points I
wish to make. I just wonder if any consideration... it would seem very obvious
to me that the most logical place and I would have no objections to Bayfront
Park, but this Commission is almost on a full scale Latin Riverfront Park.
It would seem very obvious to me that this is where they would want to have
this monument and to me it would be the most obvious place. Now, second of
all... Mr. Manager?
Mayor Ferre: Plummer, you think straight once and a while. That is not a bad
idea.
107 F F 8 11 1982
Mr. Plummer: Yes, I'm sure. I hit it on the head, Mr. Mayor. Mr. Manager,
I go by almost every morning the 13th Avenue on my way to my office and I as
a non -Latin would feel that the Latins of this community and especially the
Cubans of this community would be ashamed of the maintenance that is kept on this
particular median. I think it behooves this Administration to do what Joe said,
but to put more emphasis on maintenance. If it's more trash barrels that needs
to be put out or something. I think whatever it's going to take... if we have
those monuments there, I think it is only appropriate that this City should bear
the responsibility of keeping that area clean. It does attract visitors to that
area and as such I think everybody wants to look to it with pride and we can
only do so if in fact it is a clean area. So, those two points I wanted to make.
Mr. Perez: Mr. Mayor, I think that is very important what Commissioner Plummer
mentioned, but that's why we want to have here today the trash and garbage issue,
but I believe that his concern is the concern of the whole community in our....
Mr. Plummer: Demetrio, may I aways be on the majority side.
Mr. Perez: Ok, but I think that monuments or memorials are a very important
part of the cultural and of people of heritage. And as a public official I
wish to encourage projects that promote a positive image that reinforce the tradition
of the Country. I think that these people that spend time deserves support. I
support the suggestion of the Mayor. I think that Bayfront Park would be a great
park and if these people accept also the proposition, I think that would be a
great idea to bring an international flavor to the monument. I think that one
of the purpose of the monument would be to try to call the international attention
in Bayfront Park I think that with Simon Bolivar, with Jose Marti, as the Mayor
mentioned at the beginning, I think that would be a great place. And if they
don't have any convenience I would like to move a motion to instruct the Mlanager
in order to make arrangement to place this monument in Bayfront Park.
_ Mr. Carollo: Commissioner Perez, if I may before you make that motion if I can
ask for you to withdraw it temporary until we give them the opportunity to express
their point of view. One of the ladies that spoke here mentioned something that
was indeed very true, that we should pay attention to a lot of our native born
patriots. Well, I total agree. I think that's one of the things that has gone
wrong in our Country lately, that we instead of trying to build up more the patriots
of our history a lot people are trying to destroy them so that we don't have any
patriots to look up to,for our children and grandchildren to look up to. I
think it's important that we have many monuments, that we do all that we can
to keep alive the spirit, the name, the history of our countries and the patriots
that made it great. I also feel that if anyone in this community at any time
would raise the money like these gentlemen have done to have any kind of decent
appropriate monument, I as a City official cannot say no. This is the first
time that I can recall that a group of private citizens instead of coming to
our City Commission with their hands out asking for money to do something, they
didn't come with their hands out. They said here is our plan, with their other
hand said here is our money. What I would like to do is, at this point in time,
ask these two gentlemen why they wanted this location as the location to place
this monument in. I sure they had to have had a reason.
UNIDENTIFIED SPEAKER: (SPEAKS IN SPANISH).
Mr. Carollo: Speak slowly so that he could translate for you.
Mr. Guevara: (SPEAKS IN SPANISH).
Mr. Odio: Precisely, they want to erect the monument in that place. They have
the office right in front, that way they would be promising to you that they
would take care of the maintenance of the monument because their office is
right across from the monument and to take care of the monument, because there
is always somebody that is permanently in that house. That's the reason why
they chose that site.
Mr. Carollo: I think one of the problems that was mentioned, the area of having
trash around there could very well be solved if these people agreed and are
bound to in an agreement with the City to keep the area around that monument
clean. Now, as far as some of the other arguments that were brought up, that's
something different and something this Commission is going to have to decide on.
This is an area that's over ninety percent Cuban American, over ninety percent
and this is according to last census figures that did not even include a lot
of the new immigrants that came. I feel that while some of the
have beer. brought here today are valid. I also feel that if the case was that
then: were no present monuments in that area and what we were doing was
108 FEB 11 1982
6
bringing something completely new into it I would see why instead of having may be
a dozen people like we have here tonight, we want to have two cr three hundred
people, but the point being is that you already have two important monuments to
the Cuban American community in Miami in that area and this third monument is not
going to bring any additional influx of people which is what you are concerned with.
At the same time without a question those monuments there have become a tourist
attraction to the City, just like different monuments in Ibor City in Tampa have
become a tourist attraction and I think within a sure enough distance from 8th
Street to blend in well with what we are trying to do there. I guess what it
comes down to is if the Commission feels that we should approve this monument
to be built there or not. That's an area that must have several hundred residents
living right around it, I see twelve here tonight. I'm sure there are some more
that are not happy with it, but I also wonder how many are in favor of it. I
guess what we are coming down to is whether this Commission wants to place it
there or not. If the votes are not in this Commission for that, then we will
have to look to another place that might be convenient to these people, if they
so want to proceed with that. I for one... you know, I will put my cards right
on the table. I would be willing to vote in favor of this location. I'm one
vote out of five.
Ms. D'Agostino: This monument that the City plan or whoever is planning to
build right on the corner of my house is going to be built eight feet tall wall.
That corner is bringing a lot of accidents. Every month we have one or two
accidents there, because there is a lot of traffic on that corner. If you put
a wall eight feet tall right on the of 13th Avenue and llth Street the people
that drive from llth Street :rossing to 13th Avenue they won't be able to see
the traffic because they come from 13th. So, there is going to be a lot of
killing, a lot of accidents and my children will be killed right on the corner.
I am going to protest all the way. I'm not going to allow that monument to
be built on my corner.
Mr. Carollo: Ma'am, that would certainly be your right as a citizen, just like
it is their right and the rights of other citizens in that area that might want
it.
Ms. D'Agostino: That monument built of Anthonio Mace was supposed to be built
four feet tall, the wall. How tall is that wall? Eight. They built it on
_ Saturday and Sunday with no permit from the City of Miami. I know, because I
live there. I live on the corner...
Mr. Carollo: Ma'am, I cannot...
As. D'Agostino: Let me finish please.
Mr. Carollo: Certainly, Ma'am.
Ms. D'Agostino: I live on the corner of 13th Avenue and llth Street. I have a
wall around my house because I have five children. I asked for a permit from
the City of Miami to let me build a wall six feet tall, they wouldn't let me
build it. I had to put four feet tall my wall just to listen to the City of
Miami like a good citizen, but they build a wall and Anthonio Mace monument
eight feet tall, with all garbage right in back of it. Nobody ever clean it.
They bring flowers, parade and trouble. I am not against anything in Cuba.
I love my Country, I was born there. I have my parents living there, but
I'm not going to allow that, because my children are American and I'm going to
protect them from accidents and trouble and fights and garbage and everything
and I'm really sorry.
Mr. Carollo: Well, Ma'am, I could certainly appreciate that. I would do the
same thing for my children, but I don't see what gangsterism or fights or drugs
have to do with this kind of monuement going there.
(BACKGROUND COMI-ENT INAUDIBLE)
Mr. Carollo: Well, that would be very simple for the City administration to
verify, if that is the case Ma'am.
Mr. Octavio Blanco: Vice -Mayor...
Mr. Carollo: Yes, Mr. Blanco.
Mr. Blanco: ... I want to make a point that the wall is only six feet high
and it's not on the corner, it's in the middle of this block. !
,I
Ou FEB 1982
11 �
0 4
(BACKGROUND COMMENTS INAUDIBLE)
Mr. Carollo: Ma'am, if you would like speak I would suggest that you come
up here and give your name and address.
Ms. Susan D'Agostino: Susan D'Agostino, 1100 Southwest 13th Avenue. The whole
problem with those monuments is that they are built too high. As you drive by
on both sides of the parkway you cannot see the on coming traffic from the
other side because the wall completely blocks your view. You either inch your
way out in either way, if you inch too far out you are going to be hit.
Mr. Carollo: How many feet do you have in that median strip that divides one
side of the street from the other?
Mr. Ralph Gonzalez: The median strip is exactly 29 feet wide.
Mr. Carollo: 29 feet wide?
Mr. Ralph Gonzalez: Yes, sir.
Dlr. Carollo: That certainly seems wide enough to me, but let me tell you what
I would like to do. Now, I know when people like you try to stop something
it's going to be one thing after another and one of the first things that some
people are going to try to do is if we approve this, in this location is try
to sue us for what they are alleging is a hassle. Can we have a traffic analysis
done on that to see if indeed it is going to affect...
Mr. Ralph Gonzalez: We could request one.
Mr. Carollo: How long will that take for us to get?
Mr.Ralph Gonzalez: It shouldn't be that long. The monument is not to be
placed at the intersection it's in the middle of a median stip.
Mr. Carollo: Exactly and I don't see how that could affect the flow of traffic
in that area.
Mr. Gary: It's in the median?
Mr.Ralph Gonzalez: Yes, it's in the median strip. Yes, sir. If you would
like Commissioner I can give you the dimensions of the monument. It's six foot
eight inches tall, it's on three progressive steps. The first one is ten inches
tall, the second one eleven inches, the third one is eleven inches and in the
balance of the monument approximately one foot wide is then four foot.
Mr. Carollo: Do you think you can have a traffic analysis for us for the next
Commission meeting that we have?
Mr.Ralph Gonzalez: eve can request one, sir.
Mx. Carollo: Mr. Manager?
Mr. Gary: Yes, sir.
Mr. Carollo: I would ask that this traffic analysis be brought to us at the
next Commission meeting...
Mr. Gary: We will do so.
Mr. Carollo: ... and I'm going to make a motion that this item be deferred
until then. I think that before this Commission could make an intelligent
decision we should have the answer to that.
Mr. Plummer: Second the motion.
Mr. Perez: What is the motion?
Mr. Carollo: To defer the item until we meet at the next Commission meeting
and get a traffic analysis. Now, is there any other objections that we can
cover at this point and time to satisfy all the other objections that I have
heard here on traffic or any other matters?
i10 F E B 1g82
Ms.Helen Malaca: I would like to ask just one question and I will have to
ask Mr. Plummer this question, you were not here at the time that this...
Mr. Carollo: Can you do us a favor Ma'am before you do? Can you state your
name and address for the record please?
Ms.Malaca: Oh, I gave that already, I thought you could remember. Helen
Malaca, 1269 Southwest 17th Street. Mr. Plummer, what happen to the agreement
that we had or the Commission came in 1973, that we were to stop the memorials at
loth Street. We have one at loth Street now. This one is being scheduled between
llth and 12th Street, what happen to that?
Mr. Plummer: Ma'am, I don't know what happened to it, but at the same time that
they are asking for the traffic survey... Mr. Manager, you can look up and see
if in fact this Commission did make a commitment to the residents and if so bring
that rack at the same time when you bring the traffic survey.
Ms.Malaca: That area has been named Cuban Memorial Plaza and 13th Avenue
at that time was named Memorial Plaza, not Cuban Memorial Plaza, just Memorial
Plaza.
Mr. Plummer: As I recall Cuban Memorial Plaza exists from 8th Street to 13th.
(BACKGROUND COMMENT INAUDIBLE)
Mr. Plummer: It's at loth?
Ms.Malaca: loth Street
Mr. Plummer: And then from that point on it was just Memorial Plaza as I recall.
Ms.Malaca: That's right, it's Cuban Memorial Plaza from 8th Street to loth
Street.
Mr. Carollo: Ok, can we have a vote on the deferral, Mr. Clerk?
The following motion was introduced by Commissioner Carollo, who
moved its adoption:
MOTION NO. 82-113
A MOTION DEFERRING CONSIDERATION OF THE PLACEMENT OF A MONUMENT
ON S.W. 13TH ST. BETWEEN S.W. 11TH AND S.W. 12 STREET, PURSUANT
TO A REQUEST MADE BY MEMBERS OF THE "PRESIDIO POLITICO HISTORICO
CUBANO" TO THE NEXT MEETING, PENDING THE RESULTS OF A TRAFFIC
ANALYSIS TO BE CONDUCTED IN ORDER TO ASCERTAIN WHETHER ANY
HAZARDOUS TRAFFIC CONDITION WOULD RESULT FROM THE ERECTION
OF THE MONUMENT AT THAT PARTICULAR SITE.
Upon being seconded by Commissioner Plummer, the motion was passed
and adopted by the following vote:
AYES: Mr. Plummer, Mr. Dawkins, Mr. Perez and Vice -Mayor Carollo.
NOES: None.
ABSENT: Mayor Ferre.
38. FISHI14G RIGHTS ON SOUTH BAYSHORE DRIVE (point view)
(Ordinance prohibiting was NOT enacted)
Mr. Carollo: Can we take up Item 20. It's the item to do with the fishing
on South Bayshore Drive and before we do may I add, Mr. Manager, that while
on the agenda it states that the times that we want to limit the fishing to
is from 12:00 in the morning to 4:00 in the afternoon. In the backup material
it states that's it's from 10:00 in the morning to 4:00 in the afternoon.
i11
F E B 11 1982
9
IM
Mr. Knox: Mr. Vice -Mayor, the printed agenda is not correct.
Mr. CArollo: The 12:00 to 4:00 is correct?
Mr. Knox: No, sir. The hours of regulation are proposed to be from 10 A.M.
to 4 P.M.
Mr. Dawkins: Mr. Vice -Mayor,...
Mayor Ferre: Well, wait a minute, let's get this straight. Now, this ordinance
means that we will allow fishing from 10:00 in the morning to 4:00 in the
afternoon every single day, is that correct?
Mr. Knox: Yes, sir.
Mayor Ferre: 'And that we will not allow fishing from 4 P.M. until 10:00 in the
morning the next day?
Mr. Knox: Yes, sir.
Mayor Ferre: Ok, now I understand.
Mr. Dawkins: Discussion, I am against this motion. I see boyscouts and other
youngsters attempting to engage in wholesome recreation not dealing with drugs
in an effort to do something constructive and become cizitens of this Country
and of this community and yet we are going to sit here and deny these youngsters
the right to participate in wholesome recreation, that's number one. Secondly,
I have to constantly come back to the fact that with the Reaganomics and other
cuts, how many people will be there fishing for food and here again, we are
desirous of denying individuals the right to try to catch a meal and I for one,
would like when the time come to vote that we disregard this ordinance and permit
fishing there whenever it's permissable as long as it is orderly and wholesome.
Mayor Ferre: Alright, Miller, let me see if I can answer it this way. We
just had an issue here about a monum�:nt on 13th Street, Cuban Memorial Boulevard.
Now, the reason I cave for not... that I would not vote for it going on that
street is because that's basically residential community and even though I
think it's very important to express a patriotic feeling there are other places
that we can lout that monument like Jose Marti Park or like Bayfront Park. Now,
let me see if I can transfer that analogy. This is basically residential area.
This is not a commercial area, there are no shopping centers here, this is not
an office/business area, this is where people live, citizens of Miami, residents
of Miami. Now, I don't have any objections to boyscouts and kids and eagle scouts
and everybody else and people from all over the community coming and fishing
during the day and I think this would provide for that. Saturdays and Sundays,
anytime. I think the problem is that once you get beyond a certain hour... see
let me tell you what you are permitting to happen there. There are people who
have their homes, there are people who are coming and they are abusing it.
They bring radios, they drink beer, they drink shiskey, they throw the beer
cans, the families or the kids or whatever come and they make noise, they
scream, they... and in effect, what they are doing is they are disturbing the
well being of the neighborhood. You say, well, enforce the law and they shouldn't
be disturbing the peace, but if we are going to start calling the Police
Department everytime some guy throws a beer can out in the middle of the street
or against the wall or does something to somebody's car for whatever reason and
these are the type of incidents that we have going on. Now, the other arguments
(ts this about the ability to fish for a meal. There are plenty of places in
other locations along bridges and in other parts where if a person wants to
fish on Bayshore Drive from 10:00 in the morning to 4:00 and at 4:00 pick up
his fishing gear and go off to Rickenbacker Causeway and fish off of one of
those piers there. There are a lot of other places where people can go and
fish between 4:00 and they can make all the noise they want. They can drink
beer and really have fur, and make a lot of noise and put on the radio as
loud as they want on the bridge, because nobody, frankly, is bothered by that.
And I just think that if we offer the opportunity for people to fish from 10:00
_ in the morning to 4:00 in the afternoon and then let those neighbors have a
little peace and quiet, I just think that's a good compromise and I believe in
fairness in the middle of the road type of a compromise. I don't think we
should impose. These people have a right to live in peace and tranquility.
They are taxpayers, it's a residential community... the same way that we don't
want those people who live in Cuban Memorial Boulevard to have parades and
people screaming in off hours is the same right that these people here...
*1112 r = E, 1 1 1982
- Mr. Dawkins: Ok, Mr. Mayor, I don't live there, you don't live there, let
me call a gentleman to the mike who lives there. Will you come to the mike
Mr. Robert Cason? And for fishing, you have to fish with the tide, if the tide
is not in at noon you don't catch anything. Will you give your name and address?
Mr. Robert M. Cason: My name is Robert M. Cason. I live at 1420 South Bayshore
Drive. I own the property there and it's right on the point. And I have absolutely
no objections to anybody fishing there. In fact, I would object to a prohibition
against people using the Bay. I think that's what the water is there for and
some of the people that are raising objection, they don't want boats, they don't
want fishing, they don't want cars, they want... I don't know if they want people
there or not.
Mayor Ferre: Mr. Cason, you are one person. I'm sure Mr. Berger and others
who live in that area will say that they live there and they have an association.
Do you belong'to the association?
Mr. Cason: I belong to my condominium association.
Mayor Ferre: Ok, well, I don't know whether you know that in your condominium
association every single condominium association without that exception that I
know of have voted to request this curtailment. Now, we are not saying...
Mr. Cason: They certainly didn't pass that petition by my door.
Mayor Ferre: Well, I will ask Mr. Berger, because that's my understanding and
he can correct it. But let me put it to you this way. I think that... see you
would be right if we were prohibiting any fishing, buy for us to... you know,
a government like the City of Miami has a police power and that's what zoning
is all about, for example.
Mr. Cason: You have litter laws also, about the people that throw beer cans.
Mayor Ferre: Yes, but you try to enforce it the next day. Now, in the meantime,..
you see, our policing power gives us the right to moderate things and all we are
saying is fine, fish during the day, but don't... let these people sleep
peacefully at night.
Mr. Cason: Sir, I live on the first floor facing the Bay, right on the Bay and
they have never disturbed me. I would be the first one complaining. I do
agree... you know, there are people that, you know, that come there and play
radios loud and so forth, but the thrust of this ordinance is not to... I think
you are denying some wholesome recreational activities.
Mayor Ferre: You have heard the radios play at night, have you?
Mr. Cason: Yes, sir.
Mayor Ferre: Alright, that doesn't bother you, does it?
Mr. Cason: Oh, yes, sir, but now I have never heard it by fishermen. I don't
think fish much respond to loud radios.
Mayor Ferre: Ok. Well, why don't we listen to some of the other neighbors
and then we will listen to the boyscouts, alright?
Mr. Carollo: If I may, Mr. Mayor, I would like to make a statement. I think
the record should be cleared on how this whole item came about and what happened
some seven or eight months ago on this item. I think my two new colleagues
on the Commission should know that the individual that originally brought this
item before the Commission is a former colleague of ours, a chap by the name
of Armando Lacasa, remember him. He is not here any longer. He was the guy
that brought this up and I was the individual in this Commission that fought
him the most in order to make sure that our citizens could fish in there.
Unfortunately, not everyone in this community had the type of economic facilities
that he had then, I don't know about now, but at least then to go into a
hundred thousand plus dollar yacht to go fishing in. I think what we have
here before us is a case of individuals that live in the neighborhood that
I think the main objection that they might have is not necessarily the noise
or what have you, because you don't have any residential homes in the area,
what you have are condominium and condominiums that are pretty far apart from
the Ocean there. What you have is a problem that people are inconvenienced
113
because may be they might only have one parking space or two parking spaces in
their condominiums and they are used to parking by the Bay. So, when they come
there or they have company comes in and they see that you might have twenty, thirty
people fishing or just out enjoying the park that inconvenience them. Let's
not kid ourselves, there ain't that much noise going on there, you probably have
more radios going on full blast than any other neighborhood in the City than there.
As far as the trash, I haven't seen any more trash in that area than I have
seen in any other part of the City and I think that problem could be curtailed
pretty easily by adding a few extra garbage containers for the place. And the
bottom line is that we have a city ordinance on noise between the hours of 7:00
in the morning and 11:00 at night. You are free to live a normal life, of course,
without abusing your neighors. Between the hours of 11:00 at night and 7:00 in
the morning there is a noise ordinance in the City of Miami. I don't see anything
wrong with the way the law is and I don't see anything wrong for these young men
or older citizens to go and fish in that area, have a picnic in that area or
do anything else that is legal and proper to do in a City like Miami. Mr. Mayor,
we are talking about going fishing other places, that pier or catwalk should I
say, by the Rickenbacker Bridge which is not in the City of Miami, anytime you
go it's practically full to it's capacity, then the type of elements that you
have there are elderly people that, yes, do a lot of drinking, do a lot of
destroying and a lot other things that are not a good example for young men
like these. Well, that area has aways been a clean area, at least to my
knowledge. So, what I'm saying is that we are just about curtailing every place
that you could fish from in the City of Miami that it's coming almost to the
point that you are going to have to be the owner of a boat to go and fish in
the City of Miami. So, I, Mr. Mayor and members of the Commission, I'm in
favor of making a motion of leaving that area as is.
Mayor Ferre: Well, I think, Commissioner as a courtesy to Mr. Berger of the
Point View and Clem Pennington, President of the... I have here some letters
which I will submit into the record from the Point View Apartments, BayShore
Place, Brickell Shore Condominium, Inc. and the Brickell Townhouse Association
Inc. And Mr. Berger... (AT THIS POINT THE "AYOR READS INTO THE RECORD A LETTER
FROM B-:ICY.ELL SHORE CONDO"INIUM). I'm not going to read the other one because
it's a two page letter but it's signed by Clem Pennington, President of the
Board of Directors Bayshore Cooperative, Inc. and it says basically the same
thing. (AT THIS POINT THE MAYOR READS A PORTION OF THE LETTER FROM BAYSHORE
_ COOPERATIVE, INC. INTO THE RECORD). Alright, D'.r. Berger, for the other view
point of a resident and then I will... we will hear from the opponents again.
Do you have anybody else here besides yourself, Mr. Berger, on this? Alright,
Mr. Berger, go ahead.
Mr. Berger: I live at 1406 South Bayshore Drive. The next condominium is
1420. The gentleman who spoke so eloquently about how he could tolerate the
noise from the high volume of radio traffic lives right in that area. That's
where that letter from Mr. Zelikoff. He was the President of the association
and spoke for most of the people who live, own units in 1420. Now, we have
absolutely nothing but residential facilities on this little fifteen hundred
foot bubble of land out into Biscayne Bay. We have parking equipment for our
cars. We have to by law have parking equipment to satisfy every unit in this
whole Point View. It's true that we have a parking area across the street
on the east side of the street and that's what we had before we deeded the
land that was owned by one of the condominiums, they are now built, to the
City for one dollar per out lot with the provision...
Mayor Ferre: Alright, look, in the interest of time as I understand it, because
I just asked my colleague J. L.,... he is going to make the motion, he is
going to second it, J. L., is going to support it, is that correct. So, you
have lost it. So, let's not waste any more time. Alright, make your motion
and let's move along. I'm sorry, Mr. Berger, but that's the will of the
majority.
Mr. Carollo: Mr. Mayor, I will make a motion that we leave the laws pertaining
to that area as they are.
Mr. Dawkins: I second.
Mayor Ferre: Further discussion, call the roll.
ON ROLL CALL:
Mr. Plummer: It is public land, it should be available to the public, I vote "yes".
F E r. , 1 i982
114
Mayor Ferre: For reasons stated before I vote "no".
The following motion was introduced by Commissioner Carollo, who
moved its adoption:
MOTION NO. 82-114
A MOTION DENYING A PROPOSED ORDINANCE WHICH WOULD HAVE
MADE IT UNLAWFUL TO FISH FROM SOUTH BAYSHORE DR.,INCLUDING
ALL THE PORTIONS OF THE RIGHT-OF-WAY THEREOF, BETWEEN S.E.
14TH ST. AND S.E. 15TH ST.
Upon being seconded by Commissioner Dawkins, the motion was passed
and adopted by the following vote:
AYES: Mr. Plummer, Mr. Dawkins, Mr. Perez and Vice -Mayor Carollo.
NOES: Mayor Ferre.
ABSENT: None.
39. FIRST & SECOND READING ORDINANCE: $30,000 ALLOCATION FOR .
CONSTRUCTION OF MODEL OF BAYFRONT AREAS MASTER PLAN AND MODEL
Mayor Ferre: Alright, we are now on Item #14, amending Section 1 of Ordinance
No. 9353 adopted November 19, the City's Capital Improvement Appropriation
Ordinance. Is there a motion on this? Is there a motion on Item 147
Mr. Gary: This merely appropriates money to do the things that you told us
to do with regard to the scale model for Bayfront Park.
Mayor Ferre: Alright, is there a motion on this? Come on let's get out of
here.
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Ferre: Further discussion, read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 9353, ADOPTED NOVEMER 19, 1981, THE
CITY'S CAPITAL IMPROVEMENT APPROPRIATIONS
ORDINANCE FOR FISCAL YEAR 1981-82, AS AMENDED;
BY APPROPRIATING AN AMOUNT OF $30,000 FROM
UNALLOCATED FY 1982 FLORIDA POWER AND LIGHT
FRANCHISE EARNINGS TO ESTABLISH PROJECT
IX.C.(ii)8., BAYFRONT AREAS MASTER PLAN AND
MODEL, FOR THE PURPOSE OF CONSTRUCTING SAID
MODEL; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND DISPENSING WITH THE
REQUIREMENT OF READING SAME ON TWO SEPARATE
DAYS BY A VOTE OF NO LESS THAN FOUR -FIFTHS
OF THE MEMBERS OF THE COMISSION.
Was introduced by Commissioner Plummer and seconded by Commissioner Dawkins
for adoption pursuant to Section 4, Paragraph (f) of the City Charter,
dispensing with the requirement of reading same on two separate days by
a vote of not less than four -fifths of the members of the Commission -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
115 FEB 11 1982
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.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9373
The City, Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and copies were available to the public.
40. FIRST & SECOND READING ORDINANCE: INCREASE, MODIFY FEES
BUILDING, PLUMBING, ELECTRICAL, ELEVATOR BOILER I21SP. ETC.
Mayor Ferre: Take up 17 and the next one will be 18. 17?
Mr. Dawkins: Move it.
Mr. Carollo: Second.
Mayor Ferre: It's been moved and seconded, further discussion, read the ordinance.
Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE NO. 6145, ADOPTED
MARCH 19, 1958, AS AMENDED, WHICH ESTABLISHED FEES FOR BUILD-
ING, PLUMBING, ELECTRICAL, MECHANICAL (INCLUDING BOILER AND
ELEVATOR) INSPECTIONS, PERMIT AND CERTIFICATE FEES, BY IN-
CREASING AND MODIFYING CERT41N OF THE FEES IN SAID ORDINANCE,
AS AMENDED, TO COVER THE OPERATIONAL COST PRIMARILY FOR THE
ENFORCEMENT OF THE SOUT1i FLORIDA BUILDING CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE AND DISPENSING
WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A
VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE
COMMISSION.
Was introduced by Commissioner Dawkins and seconded by Commissioner Carollo
for adoption pursuant to Section 4, Paragraph (f) of the City Charter,
dispensing with the requirement of reading same on two separate days by
a vote of not less than four -fifths of the members of the Commission -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission, on motion of Commissioner Dawkins 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 . i16 F E 6 1 1982
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9374
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and copies were available to the public. -
I
i
41. FIRST & SECOND READING ORDINANCE: NEW TRUST & AGENCY FUND =_
"KWANZA FESTIVAL"- 5TH YEAR
Mayor Ferre: Alright, take up the kwanza Festival, 18.
Mr. Carollo: Move it.
Mr. Plummer: Second.
Mayor Ferre: It's been moved and seconded, further discussion, read the
ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 8719,
ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPRO-
PRIATIONS ORDINANCE, AS AMENDED, BY ESTABLISHING A
NEW TRUST AND AGENCY FUND ENTITLED: "KWANZA FESTIVAL
(5TH YEAR)"; AND APPROPRIATING FUNDS FOR THE OPERATION
OF SAME IN THE AMOUNT $39,000 TO BE RECEIVED FROM
METROPOLITAN DADE COUNTY IN THE AMOUNT OF $14,000,
SPECIAL PROGRAMS AND ACCOUNTS -QUALITY OF LIFE PROGRAMS
IN THE AMOUNT OF $14,000, AND THE NATIONAL ENDOWMENT
FOR THE ARTS IN THE AMOUNT OF $11,000; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DIS-
PENSING WITH THE REQUIREMENT OF READING SAME ON TWO
SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS
OF THE MEMBERS OF THE COMMISSION.
Was introduced by Commissioner Carollo and seconded by Commissioner Plummer
for adoption pursuant to Section 4, Paragraph (f) of the City Charter,
dispensing with the requirement of reading same on two separate days by
a vote of not less than four -fifths of the members of the Commission -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
Whereupon the Commission, on motion of Commissioner Carollo and
seconded by Commissioner Carollo, adopted said ordinance by the following
vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9375
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission
and copies were available to the public.
11'7 F E. 8 11 1982
•
42. A14END GARMENT CENTER/PROJECT - TRANSFER COMMUNITY DEV. FUNDS
LAND ACQUISITION AND REDEVELOPMENT OF PHASE II
Mayor Ferre: Take up 22.
Mr. Dawkins: Move it.
Mayor Ferre: Moved by Dawkins, is there a second?
Mr. Carollo: Second.
Mayor Ferre: Seconded by Carollo, further discussion, call the roll.
Mr. Plummer: Under discussion, is Dena Spillman... Dena, I have to express a
concern which may be doesn't exist and may be you can alleviate that fear.
This is coming from Community Development. `
Mayor Ferre: C.D.
Mr. Plummer: Right. What happens if in fact our C.D. funds are cut tremendously,
how would that affect a project such as this completion?
Ms. Spillman: These are funds from previous years Commissioner and if we
allocate these funds now we think we can complete the project and get the
businesses in there.
Mr. Plummer: What you are saying is that these funds are adequate in your
estimation to complete the project.
Ms. Spillman: Yes, sir. It's the second phase. Now, we could go on with this
project for a lot more phases and if the demand is there...
Mayor Ferre: Yes. But the question is, can we complete this phase and the
answer is "yes". Is that correct?
Ms. Spillman: Yes.
Mayor Ferre: Further discussion, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 82-115
A RESOLUTION AUTHORIZING THE TRANSFER OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FROM THE MIAMI RIVER
SPECIALTY CENTER PROJECT TO THE GARMENT CENTER/
FASHION DISTRICT REDEVELOPMENT PROJECT IN THE
AMOUNT OF $950,000 TO COVER COST ASSOCIATED WITH
LAND ACQUISTION AND REDEVELOPMENT OF PHASE II
OF THE GARMENT CENTER/FASHION DISTRICT REDEVELOPMENT
PROJECT.
(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. 118
FEB 11 1982
43. AMEND GARMENT CENTER/FASHION DISTRICT REDEVELOPMENT
LAND ACQUISITION PLAN
Mayor Ferre: Take up 23.
Mr. Dawkins: Move.
Mr. Carollo: Second.
Mayor Ferre: •It's been moved and seconded, further discussion, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 82-116
A RESOLUTION APPROVING THE ATTACHED PROPOSED AMENDMENTS TO THE
GARMENT CENTER/FASHION DISTRICT REDEVELOPMENT LAND ACQUISITION PLAN
AND RECOMMENDING APPROVAL OF SAID AMENDMENTS BY THE DADE COUNTY
BOARD OF COUNTY COMMISSIONERS; EXTENDING SUPPORT TO JOINT CITY/COUNTY
REDEVELOPMENT EFFORTS AND DIRECTING THE CITY ADMINISTRATION TO WORK
JOINTLY WITH METROPOLITAN DADE COUNTY TO EFFECT THE SAID AMENDED
LAND ACQUISITION PLAN.
(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.
44. ALLOCATE FUNDS NTE $40,000 INCREASE CONTRACT E.H. FRIEND & CO.
PENSION MATTERS
Mayor Ferre: The next one is Item 29.
Mr. Carollo: Move.
Mayor Ferre: Alright, it's been moved, is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Alright, it's been moved and seconded,...
Mr. Dawkins: Dawkins second.
Mayor Ferre: Dawkins seconds, this is Item 29, the next one is Item 31.
Mr. Plummer: Where is the money coming from Mr. Gary?
Mr. Gary: Special programs and accounts, official function account.
119 FEB 11 1982
Mayor Ferre: Call the roll.
The following resolution was introduced by Commissioner Carollo, who -
moved its adoption:
RESOLUTION NO. 82-117
A RESOLUTION ALLOCATING FUNDS NOT TO EXCEED $40,000 FROM SPECIAL
PROGRAMS AND ACCOUNTS TO INCREASE THE CONTRACT DATED MAY 21, 1981
WITH THE FIRM OF E. H. FRIEND & COMPANY FOR THE CONTINUED ASSISTANCE
TO THE CITY IN PENSION MATTERS.
(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.
NOTE FOR THE RECORD: AGENDA ITEM 31 WAS DEFERRED
45. EXECUTE AGREEMENT: LESTER ALA1v' FETTIG
PROFESSIONAL SERVICES IN BIDDING PROCEDURES & ?ROCUREMENT
Mayor Ferre: The next item is 37. This is professional service in establishing
bidding procedures and procurement procedures for the City.
Mr. Plummer: Oh, I would love to move that one.
Mayor Ferre: Plummer moves...
Mr. Dawkins: Second.
Mayor Ferre: ... second by Dawkins, further discussion, call the roll on
37.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-118
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT,
IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH MR. LESTER ALAN
FETTIG FOR PROFESSIONAL SERVICES IN ESTABLISHING BIDDING PROCEDURES
AND PROCUREMENT PROCEDURES FOR THE CITY AND TO ASSIST IN DRAFTING
SUCH LEGISLATION AT A COST NOT TO EXCEED $20,000 UNLESS FURTHER
AUTHORIZED BY THE CITY COMMISSION, WITH FUNDS THEREFOR ALLOCATED
FROM FLORIDA POWER AND LIGHT FRANCHISE FUNDS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins the resolution was
passed and adopted by the following vote-
120 F E B 111982
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
46. AUTHORIZE AGREEMENT: METROPOLITAN DADE COUNTY
CITY PROVIDING COUNTYWIDE CONVENTION SERVICES
Mayor Ferre: Take up 38, agreement with Metropolitan Dade County.
Mr. Carollo: Move.
Mr. Dawkins: Second.
Mayor Ferre: Alright, it's been moved by Carollo, seconded by Dawkins, further
discussion? Call the roll on 38.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-119
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT,
IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH METROPOLITAN DADE
COUNTY TO ACCEPT $55,000 IN DIRECT PAYMENTS AND $45,000 IN
ADVERTISING CREDITS IN CONSIDERATION OF THE CITY PROVIDING COUNTYWIDE
CONVENTION SERVICES THROUGH ITS CONVENTION BUREAU FOR FISCAL YEAR
1961-82.
(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.
NOTE FOR THE RECORD: AGENDA ITEMS 39 AND 40 WERE WITHDRAWN
121
F E B 111982
47. ACCEPT BID: 12 ELECTRIC GOLF CARTS
Mayor Ferre: The next Item is 46, 12 electric golf carts, is there a motion?
Mr. Dawkins: Move.
e
Mayor Ferre: Moved by Dawkins, is there a second?
Mr. Plummer: Why isn't this being done by the private, the pro instead of us
having to put out the money?
Mr. Gary: Well, our agreement requires that we buy the carts and the existing
carts are worn out and people won't use our golf course if they aren't in usable
condition.
Mr. Carollo: Can we review that lease that we have there? I understand it's
going to be expiring real socn, right?
Mr. Gary: Yes, sir, but regardless we have to have the carts for that golf
course. They are in terrible condition.
Mr. Carollo: Right, but what I would like to do is review the lease and make
sure we are not getting, you know, like over at the Marina over there.
Mr. Gary: Ye„ sir.
Mayor Ferre: So, this item is deferred, is that the...
Mr. Carollo: We will move it.
Mayor Ferre: Alright, there is a motion. Who seconds the motion now?
Mr. Dawkins: Me.
Mayor Ferre: Now, who moved it.
Mr. Dawkins: Joe.
Mayor Ferre: Alright, it's been moved and seconded, further discussion on
Item 46? Anybody want to say anything else on it?
Mr. Gary: No, I just want to clarify Commissioner Carollo, this is from Mel
Reese where we have the concession for the golf carts.
Mayor Ferre: Alright, we understand, call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-120
A RESOLUTION ACCEPTING THE BID OF CLUB CAR, INC. FOR FURNISHING
12 ELECTRIC GOLF CARTS TO THE DEPARTMENT OF PARKS AT A TOTAL COST
OF $18,000.00; ALLOCATING FUNDS THEREFOR FROM THE 1981-82 OPERATING
BUDGET OF THAT DEPARTMENT; AUTHORIZING THE CITY MANAGER AND THE
PURCHASING AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT.
(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-
122 F E B 11 1982
j
AYES: Commissioner Miller J. Dawkins _
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
i
4N ACCEPT BID: 1500 SMALL TREES
Mayor Ferre: Take up 47.
Mr. Dawkins: Move it.
Mayor Ferre: Moved by Dawkins.
Mr. Plummer: Second.
Mayor Ferre: Seconded by Plummer, further discussion, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 82-121
A RESOLUTION ACCEPTING THE BID OF BOTANICAL GARDEN CENTER, INC.
FOR FURNISHING 1,500 SMALL TREES TO THE DEPARTMENT OF PARKS:
AT A TOTAL COST OF $10,878.00; ALLOCATING FUNDS THEREFOR FROM THE
COMMUNITY DEVELOPMENT FIFTH YEAR BLOCK GRANT; AUTHORIZING THE
CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE ORDER
FOR THESE MATERIALS.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
' Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
123
FEB 11 1982
I*
a
49. ACCEPT BID: PORTABLE BLEACHERS
Mayor Ferre: Take up 48.
Mr. Plummer: Move it.
Mr. Dawkins: Second.
Mayor Ferre: Moved and seconded, further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-122
A RESOLUTION ACCEPTING THE BID OF STADIUMS UNLIMITED,
INC. FOR FURNISHING ONE SET OF PORTABLE BLEACHERS TO
THE DEPARTMENT OF PARKS; AT A TOTAL COST OF $16,490.00;
ALLOCATING FUNDS THEREFOR AS FOLLOWS: 25% FROM THE
1981 FLORIDA POWER AND LIGHT FRANCHISE FEES IN THE
A9IOUNT OF $4,122.50, 50% FROM A U. S. DEPARTMENT OF
THE INTERIOR GRANT IN THE AMOUNT OF $8,245.00, AND 25%
FROM A FLORIDA RECREATION AND DEVELOPMENT ASSISTANCE
GRANT IN THE AMOUNT OF $4,122.50; AUTHORIZING THE CITY
YJ,NAGFR AP:D THE PURCHASING AGENT TO ISSUE THE PURCHASE
ORDER FOR THIS EQUIPMENT.
(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.
50. RATIFY ACTION OF CITY MANAGER IN EMERGENCY PURCHASE OF
PORTABLE BLEACHERS (To replace bleachers stolen)
Mayor Ferre: Up 49.
Mr. Plummer: Move it.
Mayor Ferre: Moved by Plummer.
Mr. Dawkins: Second.
Mayor Ferre: Seconded by Dawkins, further discussion, call the roll.
124 FEB 11 1982
i
0
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-123
A RESOLUTION RATIFYING, CONFIRMING AND APPROVING THE
ACTION OF THE CITY MANAGER IN AUTHORIZING THE EMERGENCY
PURCHASE OF A SET OF PORTABLE BLEACHERS FROM STADIUMS
UNLIMITED, INC. FOR THE DEPARTMENT OF PARKS TO REPLACE
STOLEN BLEACHERS AT GIBSON PARK AT A TOTAL COST OF
$14,000 WITH FUNDS THEREFOR ALLOCATED AS FOLLOWS; 25%
FROM 1981 FLORIDA POWER AND LIGHT FRANCHISE FEES IN THE
ANOUNT OF $3,500, 50% FROM A U.S. DEPARTMENT OF THE
INTERIOR GRANT IN THE AMOUNT OF $7,000► AND 25% FROM
A STATE OF FLORIDA RECREATION AND DEVELOPMENT ASSISTANCE
GRANT IN THE AMOUNT OF $3,500.
(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.
51. ACCEPT BID: ONE GOLF COURSE MOWER
Mayor Ferre: Take up 50.
Mr. Dawkins: Move.
Mayor Ferre: Moved by Dawkins, is there a second?
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez, further discussion, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 82-124
A RESOLUTION ACCEPTING THE BID OF HECTOR TURF & GARDEN, INC.
FOR FURNISHING ONE GOLF COURSE MOWER OT THE DEPARTMENT OF
PARKS; AT A TOTAL COST OF $5,885.00; ALLOCATING FUNDS THERE-
FOR FROM THE 1981-82 OPERATING BUDGET OF THAT DEPARTMENT;
AUTHORIZING THE CITY MANAGER AND THE PURCHASING AGENT TO
ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT.
(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-
125 ►F E B 11 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.
52. ACCEPT BID: HORIZONTAL PROCESS CAMERA
Mayor Ferre: Alright, take up 51.
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 Pluraaier, who
moved its adoption:
RESOLUTION NO. 62-125
A RESOLUTION ACCEPTING THE BID 017 V.W.R. SCIEh"fIFIC,
INC. FOR FURNISHING ONE HORIZONTAL PROCESS CAMERA TO
THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE;
AT A TOTAL COST OF $7,649.46; ALLOCATING FUNDS THERE-
FOR FROM THE 1961-62 OPERATING BUDGET OF THAT DEPART-
bU:NT; AUTHORIZING THE CITY MANAGER AND THE PURCHASING
AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIPMENT.
(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.
126 F E B 11 1982
53. ACCEPT BID: POLICE CAR EQUIPMENT
Mayor Ferre: Take up 52.
Mr. Plummer: Move it.
Mr. Perez: Second.
Mayor Ferre: ,It's been moved and seconded, further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-126
A RESOLUTION ACCEPTING THE BID OF PUBLIC SAFETY DEVICES,
INC. FOR FURNISHING 84 STEEL CAR CAGES AND 50 LIGHT BARS
TO THE DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE; AT
_ A TOTAL COST OF $50,22570; ALLOCATING FUNDS THEREFOR FROM THE 1981-
82 OPERATING BUDGET OF THE DEPARTMENT OF POLICE; AUTHORIZ-
ING THE CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE
PURCHASE ORDER FOR THIS EQUIPMENT.
(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.
54. ACCEPT BID: 3-FIRE RESCUE TELEMETRY RADIOS
Mayor Ferre: The next one is 53.
Mr. Dawkins: Move it.
Mayor Ferre: Is there a second.
Mr. Perez: Second.
Mayor Ferre: Further discussion, call the roll.
12'7
FES 11 1982
1b
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 82-127
A RESOLUTION ACCEPTING THE BID OF MOTOROLA C 5 E,
INC. FOR FURNISHING 3 TELEMETRY RADIOS TO THE DE-
PARTMENT OF FIRE; AT A TOTAL COST OF $19,287.00;
ALLOCATING FUNDS THEREFOR FROM ir'E "RESCUE SERVICES"
TELEPHONE FRANCHISE FUND: AUTHORIZING THE CITY
MANAGER A24D THE PURCHASING AGENT TO ISSUE THE PUR-
CHASE ORDER FOR THIS EQUIPMENT.
(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.
55. ACCEPT BID: 40 STACY, TIP PLAYPIPES (nozzles)
Mayor Ferre: Take up 54. Plummer moves, is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-128
A RESOLUTION ACCEPTING THE BID OF BISCAYNE FIRE
EQUIPMENT CO. FOR FURNISHING 40 STACK TIP PLAY -
PIPES TO THE DEPARTMENT OF FIRE; AT A TOTAL COST
OF $4,560.00; ALLOCATING FUNDS THEREFOR FROM THE
1981-82 OPERATING BUDGET OF THAT DEPARTMENT; AU-
THORIZING THE CITY MANAGER AND THE PURCHASING
AGENT TO ISSUE THE PURCHASE ORDER FOR THIS EQUIP-
MENT.
(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.
128 .FEB
i
56. ACCEPT BID: COMPUTER TERMINAL MAINTENANCE & IMPLACEMEN:
Mayor Ferre: Take up 55.
Mr. Carollo: Move.
Mayor*Ferre: It's been moved, is there a second?
Mr. Dawkins: ,Second.
Mayor Ferre: Is there discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-129
A RESOLUTION ACCEPTING THE BID OF DSI COMPUTER SERVICES
FOR FURNISHING COMPUTER TERMINAL MAINTENANCE AT A COST
CF $20,976 AND THE BID OF ALANTHUS DATA COMM. CORP. FOR
FURNISHING 52 REPLACEMENT TERMINALS AT A COST OF $42,540
ON A CONTRACT BASIS FOR ONE YEAR FOR A TOTAL COST OF
$63,516; ALLOCATING FUNDS THEREFOR FROM THE 1981-82 OPER-
ATING BUDGETS OF THE DEPARTMENT OF COMPUTERS AND COMMUNI-
CATIONS IN THE AMOUNT OF $20,976 AND THE DEPARTMENT OF
POLICE IN THE A140UNT OF $42,540; AUTHORIZING THE CITY
MANAGER AND THE PURCHASING AGENT TO ISSUE THE PURCHASE
ORDERS FOR THIS EQUIPMENT AND SERVICE.
(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.
u
129 FEB 11 1982
57. ACCEPT BID: COMBINING/ISOLATING/FILTERIIG DEVICES FOR
THE CITY'S RADIO SYSTEM
Mayor Ferre: Take up 56.
Mr. Plummer: Move it.
Mayor Ferre: Plummer moves, is there a second?
Mr. Perez: Second.
Mayor Ferre: Perez seconds, further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-130
A RESOLUTION ACCEPTING THE BID OF DECIBEL PRODUCTS,
INC. FOR FURNISHING RAIDO FILTERING DEVICES FOR THE
CITY'S RADIO COMMUNICATION SYSTEMS TO THE DEPARTMENT
OF COMPUTERS AND COMMUNICATIONS AT A TOTAL COST OF
$52,823.00; ALLOCATING FUNDS FROM THE 1981-82 CAPITAL
PROJECTS BUDGET OF THAT DEPARTMENT: AUTHORIZING THE
CITY MANAGER AND THE PURCHASING AGENT TO ISSUE THE
PURCHASE ORDER FOR THIS EQUIPMENT.
(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.
58. GRANT EASEMENT ALONG SOUTH BAYSHORE DRIVE AND PAN AMERICAN
DRIVE TO SOUTHERN BELL TELEPHONE COMPANY
Mayor Ferre: The next one is 66.
Mr. Plummer: Move it.
Mayor Ferre: Is there further discussion? Who seconds this, I'm sorry.
Mr. Carollo: Second.
Mayor Ferre: It's been seconded, further discussion, call the roll.
DO FEB u2
0 0
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-131
A RESOLUTION GRANTING TO SOUTHERN BELL TELEPHONE COMPANY AN EASEMENT
1 ALONG SOUTH BAYSHORE FRIVE AND PAN AMERICAN DRIVE FOR THE INSTALLATION
OF TELEPHONE CABLE TO SERVE THE CITY HALL AND DINNER KEY MARINA
j AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID INSTRUMENT HERETO
ATTACHED.
(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.
59. GRANT QUIT CLAIM DEED TO DADE COUNTY IMPROVEMENT PURPOSES
ALONG 46TH STREET
Mayor Ferre: Take up 68.
Mr. Carollo: Move.
Mayor Ferre: Is there a second? Moved by Carollo, is there a second to 68?
Mr. Perez: Second.
Mayor Ferre: Seconded by Perez, further discussion, call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-132
A RESOLUTION GRANTING TO DADE COUNTY A QUIT CLAIM DEED CONVEYING
PREVIOUSLY ACQUIRED PUBLIC RIGHT-OF-WAY FOR IMPROVEMENT PURPOSES
ALONG 46TH STREET, RESERVING TO THE CITY OF MIAMI THE RIGHT TO USE
SAME FOR UTILITY PURPOSES.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
131 FES 11 1982
0
60. AUTHORIZE PROPER OFFICIALS OF THE CITY TO ACCEPT 22 .
WARRANTY DEEDS
Mayor Ferre: Take up 69.
Mr. Plummer: Move it.
Mayor Ferre: Moved by Plummer.
Mr. Carollo: 'Second.
Mayor Ferree: Seconded by Carollo, further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-133
A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE CITY OF MIAMI
TO ACCEPT '11gENTY-TW0 (22) WARRANTY DEEDS AND APPROVING THE RECORilING
OF SAID DEEDS IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(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.
61. ACCEPT COVENANT FROM METRO FOR COUNTY OWNED UTILITIES TO
BE INSTALLED AND MAINTAINED WITHIN DOWTOWN GOVERNMENT CENTER
Mayor Ferre: Take up 70.
Mr. Carollo: Move.
Mr. Dawkins: Second.
Mayor Ferre: It's been moved and seconded, further discussion, call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-134
A RESOLUTION ACCEPTING A COVENANT FROM METROPOLITAN DADE COUNTY
FOR COUNTY -OWNED UTILITIES TO BE INSTALLED AND MAINTAINED WITHIN
THE DOWNTOWN GOVERNMENT CENTER AND AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE SAME.
(litre follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
132 �ss2
FEB 11
0 0
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.
62. RESCINDING RESOLUTION 82-45 (Incorrect language) CONCERNING
BID ACCEPTANCE FOR AFRICAN SQUARE RECREATION BLDG-MODIFICATIONS
Mayor Ferre: 72.
Mr. Carollo: Move.
Mr. Dawkins: Second.
Mayor Ferre: It's been moved and seconded, further discussion, call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-135
A RESOLUTION RESCINDING RESOLUTION NO. 82-45 PASSED JANUARY 14, 1982,
WHICH CONTAINED INCORRECT LANGUAGE AND INCORRECT ALLOCATION OF FUNDS
PERTAINING TO THE ACCEPTANCE OF THE BID OF MET CONTRUCTION CO., INC.
FOR AFRICAN SQUARE RECREATION BUILDING - MODIFICATIONS, THE ALLOCA-
TION OF FUNDS FOR THE PROJECT, AND THE AUTHORIZATION OF THE CITY
MANAGER TO EXECUTE A CONTRACT WITH MET CONSTRUCTION, INC.
(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.
FEB 1982
100
i
63. ACCEPT BID: AFRICA14 SQUARE RECREATION BUILDING -MODIFICATIONS
Mayor Ferre: Take up 73.
Mr. Carollo: Move.
Mayor�Ferre: Moved, is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Alright, it's been moved and seconded, further discussion, call
the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-136
A RESOLUTION ACCEPTING THE BID OF MET CONSTRUCTION INC. IN THE
PROPOSED AMOUNT OF $147,661.00 FOR THE BASE BID PLUS ADDITIVE
ITEM "A" OF THE PROPOSAL, FOR AFRICAN SQUARE RECREATION BUILDING -
MODIFICATIONS: WITH MONIES THEREFOR ALLOCATED FROM THE "FEDERAL
COAi:'JNITY DEVELOPMENT BLOCK GRANT: AND "SPECIAL PROGRAMS AND ACCOUNTS"
FUNDS IN THE AMOUNT OF $147,661.00 TO COVER CONTRACT COST; ALLOCATING
FROM SAID FUNDS $2,954.00 TO COVER THE COST OF SUCH ITEMS AS
ADVERTISING FROX SAID FUNDS $566.00 TO COVER INDIRECT COST; AND
AUTH0RIZI:;G THE CITY b1ANAGER TO EXEC'UTE A CONTRACT WITH. SAID FIRM.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins the resolution was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
64. ACCEPT BID: MIA:•1I RIVERWALK & CITY OF MIAMI/UNIVERSITY OF MIAMI
JAMES L. KNIGHT CENTER - LANDSCAPING
Mayor Ferre: Take up 74.
Mi . Carollo: Move.
Mayor Ferre: It's been moved, is there a second?
Mr. Perez: Second.
Mayor Furr,: Further discussion, call the roll.
Mr. Plurrdl'er: Is this keeping in mind Commissioner Carollo's comments of this
morning about keeping that Riverfront walkway open and well lighted?
134 FEB 11 1982
n
Mr. Carollo: You better believe it.
Mr. Plummer: Well, but I'm looking at an awful lot of landscaping for such a
short area for eight hundred and some thousand dollars. I got to be thinking
that, that's going to be extremely heavy landscaping and not be open as I think
that you voiced a concern.
Mr. Gary: No, it's going to be open. It has lighting also.
Mayor Ferre: Alright, call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 82-137
A RESOLUTION ACCEPTING THE BID OF S. I. NICHOLAS, INC. IN THE
PROPOSED AMOUNT OF $795,876, BASE BID PLUS ADDITIVE ITEM "C"
OF THE PROPOSAL, FOR THE MIAMI RIVERWALK AND THE CITY OF
MIAMI/UNIVERSITY OF MIAMI JAMES L. KNIGHT INTERNATIONAL CENTER
LANDSCAPING; WITH MONIES THEREFOR ALLOCATED FROM THE "FEDERAL
COMMUNITY DEVELOPMENT BLOCK GRANT", CAPITAL IMPROVEMENT ORDINANCE
9353, AND THE ACCOUNT ESTABLISHED FROM THE SAKE OF $60,000,000 IN
CONVENTION CENTER AND PARKING GARAGE REVENUE BONDS, IN THE AMOUNT
OF $795,876 TO COVER THE CONTRACT COST; ALLOCATING FROM SAID FUNDS
THE AMOUNT OF $63,534 TO COVER THE COST OF PROJECT EXPENSE; ALLOCATING
FROM SAID FUNDS THE AMOUNT OF $7,958 TO COVER THE COST OF SUCH ITEMS
AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE; ALLOCATING FROM SAID
FUNDS THE AMOUNT OF $2,848 TO COVER THE INDIRECT COST; AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
65. ACCEPT BID: LATIN QUARTER PAVING PROJECT - PHASE II
Mayor Ferre: Take up 75. Carollo moves 75, who seconds?
Mr. Perez: I second.
Mayor Ferre: Perez seconds, further discussion, call the roll.
135 FEB 198
11 2
The following resolution was introduced by Commissioner Carollo, who =
moved its adoption:
RESOLUTION NO. 82-138
A RESOLUTION ACCEPTING THE BID OF WILLIAMS PAVING CO., INC. IN THE
PROPOSED AMOUNT OF $940,691.33, TOTAL BID OF THE PROPOSAL LESS 2%
DISCOUNT OFFERED ON ALL BID ITEMS EXLUDING ITEMS FOR SPECIAL
PROVISIONS, FOR LATIN QUARTER PAVING PROJECT - H-4454 - PHASE II;
WITH MONIES THEREFOR ALLOCATED FROM THE "CAPITAL IMPROVEMENT FUND"
IN THE AMOUNT OF $940,691.33 TO COVER THE CONTRACT COST; ALLOCATING
FROM SAID FUND THE AMOUNT OF $103,467.67 TO COVER THE COST OF PROJECT
EXPENSE; ALLOCATING FROM SAID FUND THE AMOUNT OF $18,814.00 TO COVER
COST OF SUCH ITEMS AS ADVERTISING, TESTING LABORATORIES, AND POSTAGE;
ALLOCATING FROM SAID FUND THE AMOUNT OF $39,011.00 TO COVER THE
INDIRECT COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH SAID FIRM
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez the resolution was passed
and a&,pted 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.
66. CONSENT AGENDA (Items 81 thru 85)
Mayor Ferre: "Before the vote on adopting all items included in the Consent
Agenda is taken (Items 61-85), is there anyone present who is an objector or
proponent that wishes to speak on any item in the Consent Agenda? Hearing none,
vote on adoption of the Consent Agenda will now be taken.
The following resolutions were introduced by Commissioner Carollo,
seconded by Commissioner Plummer and passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
ayor Maurice A. Ferre
NOES: None.
66.1 ACCEPT COMPLETED WORK: - D.M.P. CORPORATION FOR SOUTHERN DRAINAGE
PROJECT E-51 .
RESOLUTION NO. 82-139
A RESOLUTION ACCEPTING THE COMPLETED WORK OF D.M.P. CORPORATION
FOR THE SOUTHERN DRAINAGE PROJECT E-51 AT A TOTAL COST OF $396,247.36;
AUTHORIZING AN INCREASE IN THE CONTRACT IN THE AMOUNT OF $476.34;
AND AUTHORIZING A FINAL PAYMENT OF $23,131.08
136
FEB 11 1982
66.2 ACCEPT COMPLETED WORK - MET CONSTRUCTION, INC. FOR HOSE TOWER - FIRE
STATION NO. 12.
RESOLUTION NO. 82-140
A RESOLUTION ACCEPTING THE COMPLETED WORK PERFORMED BY
MET CONSTRUCTION, INC. AT A TOTAL COST OF $21,400 FOR
HOSE TOWER - FIRE STATION NO. 12 AND AUTHORIZING A FINAL
PAYMENT OF 2,140.
66.3 ACCEPT COMPLETED WORK - SANMAR GENERAL CONTRACTORS, INC. ON FIRE
STATION 140. 4 BID "B" (2nd BIDDING)
RESOLUTION NO. 82-141
A RESOLUTION ACCEPTING THE COMPLETED EXTRA WORK BY SANMAR
GENERAL CONTRACTORS, INC. ON THE FIRE STATION NO. 4 - BID "B"
(2ND BIDDING); AND AUTHORIZING A FINAL PAYMENT OF $17,507.61
66.4 ACCEPT COMPLETED WORK - WILLIAMS PAVING CO., INC. FOR RIVERVIEW STORM
SEWER PROJECT - PHASE II.
RESOLUTION NO. 82-142
A RESOLUTION ACCEPTING THE COMPLETED WORK OF WILLIAMS PAVING
CO., INC. AT AT TOTAL COST OF $132,890.77 FOR RIVERVIEW
STORM SEWER PROJECT - PHASE II; AND AUTHORIZING A FINAL PAYMENT
OF $15,422.05
66.5 ACCEPT COMPLETED WORK - P.N.M. CORPORATION FOR BUENA VISTA COMMUNITY
DEVELOPMENT PAVING PROJECT - PHASE V (BID B - DRAINAGE)
RESOLUTION NO. 82-143
A RESOLUTION ACCEPTING THE COMPLETED WORK OF P.N.M. CORPORATION
AT A TOTAL COST OF $165,733.50 FOR BUENA VISTA COMMUNITY
DEVELOPMENT PAVING PROJECT - PHASE v (BID B - DRAINAGE); AND
AUTHORIZING A FINAL PAYMENT OF $16,577.40
67. DEFER CONSIDERATION OF RIGHTS AND PERMITS TO METRO FOR RAPID
TRANSI_' SYSTEM PENDII?G APPEARANCE TO ANSWER (QUESTIONS
I Mayor Ferre: Take up Item 71. Alright, Mr....
Mr. Plummer: Mr. Mayor, my concern at the last meeting expressed and the reason
that I asked that the, I guesss the heads of the department come before this
Commission, as you will recall there were a number of stations to be dropped
because of financial problems and it just indicated that it looked like that
all of the stations that were being proposed to be dropped were in the City
of Miami. I also expressed a concern before that they had always come here
and been very good listeners and then done what they want. I would like some
explanation, sir, for you as to what is going to happen as to the dropping of
any stations and whatever you can tell us, sir.
Mr. Larry Boatman: Yes, sir, Mr. Commissioner. My name is Larry Boatman,
I'm the manager of real estate for the Metrorail Project. I didn't come to
expect discussing station deferral, but it's my information...
Mr. Plummer: Mr. Mayor, I move that this item be deferred until such time as
the proper authorities can come here and discuss this item with us. I'm sorry,
sir, that was my request.
137
F E B 111982
Mr. Boatman: Commissioner Plummer, if I might suggest, we have a meeting beginning
at 9 O'Clock in the morning with our Board of County Commissioners Oversite Committee —
at which time, I'm sure Mr. Higgins or/and the Commission would be pleased to
discuss the issue with you if you would like to attend.
Mr. Plummer: Sir, this is my bailiwick and I will ask that they come into my
web.
Mr. Boatman: Yes, sir.
Mr. Plummer: I move that it be deferred.
Mr. Dawkins: Second.
Mayor Ferre: There is a motion and a second, further discussion on 71, call
the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 82-144
A MOTION DEFERRING A REQUEST BY METROPOLITAN DADE COUNTY TO CONSTRUCT
AND MAINTAIN A BRIDE -TYPE STRUCTURES AND FOUNDATIONS TO SUPPORT
AERIAL GUIDEWAYS FOR THE RAPID TRANSIT SYSTEM - STAGE I UNTIL THE
REQUESTED SPECIFIC REPRESENTATIVE FROM METROPOLITAN DADE COUNTY
COMES BEFORE THE CITY COMMISSION.
Upon being seconded by Commissioner Dawkins, the motion was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
ViceMa yor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
68. ISSUE PER14IT & EXECUTE EASEMENTS TO MIAMI-DADE WATER & SEWER
AUTHORITY (VIRGINIA KEY TO SERVE FISHER ISLAND)
Mayor Ferre: Take up 67.
Mr. Plummer: Mr. Mayor, I asked for Mr. Sloane or some official of the Water
and Sewer Department to come here. My concern is that they are going to be
going across Virginia Key for the purposes of serving the Fisher Island. That
of course, is beneficial to Fisher Island which the City of Miami does not
own. I am concerned, Mr. Mayor, that the City of Miami is proposing to
redo Virginia Key for somekind of recreational activities. What is the City
receiving in return for this dedication. Second of all, does it contain within
this document that if at any time the City wants these to be moved that they
will be moved at County expense and not at our expense?
Mr. Dawkins: Along those same lines, Mr. Mayor, if not, then I would suggest
that we grant a use and not an easement.
Mr. Plummer: Sloane, you have heard my concerns.
Mr. Sloane: The Miami -Dade Water and Sewer Authority and we have a map here
to illustrate the overall function of the project. First of all, it isn't
only a project to supply water to Fisher Island. We are going to make a
gigantic loop of water mains shown in red so that we will provide service
to the Port of Miami. Right now we are getting water supply through only one
Oc
lob
FEB 1 1 19B2
direction from Biscayne Boulevard out through the Port of Miand and we are going
to extend that line through Fisher Island and of course, this other part from
Virginia Key across Norris Cut which will supply Fisher Island. We will form
a large loop and we will then have a much better water supply to the Port of
Miami and anybody along that loop, such as our waste water plant, such as the
north end of Virginia Key, which is owned by the City. We will have a full
proof water supply in the sense that when you are on a loop, if you lose any
feeder main you can always close valves and get water from the other side. In
addition, you will see an eight inch existing main that we have through the
Virginia Beach area and that is now available for any development of the City's
in that particular area. The big main we have is along the roadway. Now, as
far as trying to cooperate where the City is concerned we have provided a number
of outlets, some seven eight inch outlets and one twelve inch outlet along the
routing, bear,in mind, the pipe is inside the fence on authority property
primarily at the request of the Public Works Department so that a minimum of
easement is asked for. It's a very small amount of area. It's actually about
.15 of an acre on land and about .4 of an acre under water along where the pipe
will go. So, every effort has been made to try to work it out.
Mr. Plummer: At what depth does that go across Norris Cut?
Mr. Rich Bochnovich: My name is Rich Bochnovich and I'm the engineer for the
developer. It will be a four foot minimum cover. It has been permitted by
the State D.E.R....
Mr. Plummer: You say four foot below...
Air. Bochnovich: The bottom of Norris Cut.
Mr. Plummer: What about if the City at some time wants to develop, because
that is very close to the water, are you going to pay for the relocation if
the City request it?
Mr. Sloane: Yes, it's our main and if a public organization wants it relocated
we will agree to that.
Air. Dawkins: But, Mr.... coming back to what I said, let's do not give an
easement. Every since I have been sitting here on this Commission, the City
of Miami gets shafted by the County. Now, let's be sure that we give them
an easement... I mean a use and then if we give them a use and they want to
move it, then they have to move it because we say so.
Mr. Plummer: Can you live with that?
Mr. Sloane: Yes.
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mr. Dawkins: Mr. Attorney, will you give me a reading on the difference
between an easement and a use.
Mr. Knox: Yes, sir. The essential difference between an easement and a use
is that an easement is a property right which may or may not be terminable
at the will of the grantor and a use is a temporary privilege which do not
convey a property right, which may indeed be terminable at the will of the
grantor.
Mr. Plummer: I will move the use of a right for the purposes of the Water
and Sewer Authority to carry water over to the east of our property or to the
north.
Mr. Sloane: Does this approve the requested easement locations?
Mayor Ferre: Well, the location, yes.
Mr. Sloane: Because we are concerned with putting the pipe where it's called
for.
Mr. Plummer: Yes, but I assumed it was regranting a use and a permit and
giving authority to Metropolitan Dade County to construct and maintain...
No, I'm sorry, I'm in the wrong area here.
Mr. Sloane: We are the Miami Dade Water and Sewer Authority.
139
FEBq
q
1982
Mr. Plummer: Authorizing and directing the City Manager to issue a permit and
to execute appropriate use to Miami Dade Water and Sewer Authority for the
construction and the Maintenance of the twenty inch water main on across the
City of Miami property Virginia Key to serve Fisher Island. I so move.
Mr. Dawkins: Second.
Mayor Ferre: It's been moved and seconded in it's amended form. I assume,
Mr. Manager, that this has the approval of the Public Works or whatever it is
and the other Planning Department of the City of Miami.
Mr. Gory: Yes, it does.
Mayor Ferre: .Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 82-145
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ISSUE A
PERMIT AND TO EXECUTE APPROPRIATE USE AGREEMENTS TO MIAMI-DADE
WATER AND SEWER AUTHORITY FOR THE CONSTRUCTION AND MAINTENANCE
OF A 20" WATER MAIN ON AND ACROSS CITY OF MIAMI PROPERTY AT
VIRGINIA KEY TO SERVE FISHER ISLAND.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Coiranissioner Dawkins, the resolution was
passed and adopted by the following vote:
AYES: Mr. Plummer, Mr. Dawkins, Mr. Perez. and Mayor Ferre.
NOES: Noise.
ABSENT: Vice -Mayor Carollo.
69. PERSONAL APPEARANCE: PROTEST IN CONNECTION WITH THE
DEFERMENT OF AGENDA ITEM 31
Mayor Ferre: Would the members or the people that are here on different issues,
would you tell me what issues you are here on and we will try to get you out
of here. Alright, 31. That's been deferred.
Unidentified Speaker:Mr. Mayor, my firm has been represented down here at the
meeting all day long and I would just like to respectfully ask why was the
Item deferred?
Mr. Plummer: I raised the question and the fact that it it a twenty thousand
dollar contract and it was not put out for solicitation of bids and any time
we go over thirty-five hundred dollars usually it is put out and asked for
bids for different firths. It was not done in this particular case and I have
asked that it... the justification of the reason.
Mr. Gary: That's not the case.
Mr. Plummer: That was my reason.
Unidentified Speaker: May I make a statement, Mr. Mayor?
Mayor Ferre: Yes, sir, sure.
Unidentified Speaker: Thompkins and Washington, we would have been involved in
the joint proposal here with the City of Miami. We have been performing the
audit jointly with Peat Marwick and Mitchell for the last two years. When the
new RFP went out for audits and solicitations based on the RFP requirements
alone Thompkins and Washington was not a firm that qualified. We have not
been in existence for five years, we have not been issuing governmental audit
i40 FEB 11982
i
reports for the last five years. At the December meeting that I attended when this
item came up I remember the City Manager being scolded by the Commission for not
allowing Blacks... for not having enough participation in City contracts by
Blacks. Just somewhat curious at the first opportunity a Black firm does have
a chance to get twenty thousand dollars of work, which I'm sure it won't make a
dent in the City's total professional services, you know, it's received quite
a bit of attention. And you know, I did not design our fee process, we were
asked to respond and we did and we were spending a lot of effort in preparing
the proposal. We have gone over to Ms. Spillman's organization and met with the
people there. We plan and I'm quite sure everyone here did get a copy of our
proposal and in the proposal you can see we have staff people that are ready
to begin work on Monday morning. And you know, unlike the big 8 firm, we just
do not have the luxury rescheduling people at, you know, different times. This
was a4time that we mutually thought was convenient for all parties involved
and... you know, I just don't know what to say at this point.
Mayor Ferre: Well, the only thing you can say is, I will see you again. We
will be back.
70. DISCUSSION ITEM: OCEANOGRAPHIC FOUNDATION
Mayor Ferre: Alright, we will begin with the first one which is 5. This is
Maria C. Gross, Director of the International Oceanographic Foundation Sea
Safaris, requesting financial assistance for I.O.F. and Florida Underwater
Council for a film presentation on May 5 and activities of the Oceans Miami
Week 82 on Mayor 8th at the Marine Stadium. Yes, Ma'am.
Ms. Maria Gross: Mayor and Commissioners, my name is Maria Gross, 151 Crandon
Boulevard, Key Biscayne. I am here in behalf of the International Oceanographic
Foundation sponsor of Oceans Miami Week 82, an event that will enhance the
marine aspects of Miami as well as bring visitors and promote Miami as the
world center for marine science studies. I would like to at this point introduce
Yvonne Harper of the Florida Underwater Council who will be stating her request
and soon after that I would like to represent the Admirals of the Fleet of
Florida for a similar request, both of them in behalf of Oceans Miami Week 82.
Thank you.
Ms. Yvonne Harper: Honorable Mayor and members of the City Commission, my
name is Yvonne Harper, 8310 Southwest 46th Street, Miami and I'm here representing
the Florida Underwater Council and on behalf of the Florida Underwater Council
and the International Oceanographic Foundation we would like to petition the
City Commission for a grant of five thousand dollars based on cost estimates
—� provided by the City Manager's Office to defray the cost of presenting the
Stan Waterman Show at the Marine Stadium on May 5, 1982 in conjunction with
Oceans Miami Week. Mr. Stan Waterman, who is an internationally known
underwater cinematographer will be presenting the latest films that he has
produced at this program. He is donating his services for this program as
a contribution because of the educational thrust of the Florida Underwater
Council in these areas and it will be the only showing in this area to the
— public. As most of you I'm sure are familiar with the I.O.F., I would like
to just take a few minutes and tell you a little bit about the Florida
Underwater Council which may not be quite as wellknown. The council was
formed in 1973 to fill a need for a life saving facility in the South Florida
area as well as the need for educating the public in safety emergency life
saving and accident management. The Underwater Council funds maintains and
operates the Hyperbaric Trauma Center, which is housed at the Noah A.M.U.L.
Laboratories on Virginia Key. This facility is funded and works through
donations, membership fees and purely volunteer labor by the members of the
Florida Underwater Council. As a part of Oceans Miami Week this facility
will also be having tours in conjunction with Noah for the whole facility.
In their educational thrust a program of lectures and workshops and seminars
have been conducted over the years for clubs, schools, hospital emergency
personnel, U.S. Coast Guard personnel, diving charter boats, Florida Marine
141 FEB ,1.1 1982
Patrol personnel, Fire Rescue personnel, Park Rangers and any other group of
citizens that could be reached. The council also prints and distributes decals
leaflets, manuals, etc., with safety and emergency procedure information. Several
thousands of these have been distributed throughout South Florida, the United
States and the Caribbean. Working with the Dade County Fire Rescue Service,
the council has been instrumental in setting up a communication network which
uses the main switch board to alert aquatic medical teams, the Coast Guard and
other emergency services. Also, an Accident Management Committee is being
setup with the help and cooperation of Dr. Joe Davis, the County Medical Examiner.
Over a hundred ninety patients have been treated at this facility to date.
Many of them medically endured invalidism, gas gangrene patients and smoke
inhalation patients. We want to stress that all this is done with volunteer
labor through the members of the council. The facility on Virginia Key has
become nationally known as the Miami Hyperbaric facility and it has brought
a great measure of esteem to the Miami area in the portion of the community
nation wide that are concerned with such things. It's at present the largest
non-profit facility available on a twenty-four hour basis run by volunteers in
the United States. The council also distributes an educational newsletter
every month, approximately a thousand copies. In addition to the costs involved
in financing the above programs there is an ongoing up keep maintenance and
replacement of medical equipment involved in operating the facility itself and
again, I stress that all this is done through donations and volunteer labor.
We are therefore, requesting this grant in order to enable us to defray the
cost of underwriting this program which we feel will be one of the big highlights
of Oceans Miami Week 82.
Mayor Ferre: Any other statements? Alright, questions from members of the Commission?
Alright, what's the will...?
Mr. Perez: Could I ask how much money is the program supposed to generate'.
Ms. Harper: Well, we would be happy if we got an attendance of about twelve
hundred to two thousand people. Now, we !:no4' the stadiw-n can hold much more
than that and I will have to answer your question by saying a lot of- it depends
on how much we have to spend on advertising and reaching, you know, the Various
-- schools and press releases and brochures and things like this, but we certainly
hope to get between twelve hundred and two thousand at least.
Mayor Ferre: Alright, further questions. Alright, what's the will of this
Commission?
Mr. Plummer: What is the recommendation of the Manager?
Mr. Gary: Mr. Mayor, the Administration position is that this is something
nice to have, but we consider it a luxury in view of the other things that we
need to do, some of which we are not doing, such as trash and some of the
other things in the City.
Mayor Ferre: Further discussion by members of the Commission? Unless I
hear otherwise, I assume that the majority of this Commission is not in
favor of granting this money.
Mr. Plummer: Is your request in two parts, one for a grant of money and the
other for the use of the stadium?
Ms. Gross: Our request was originally intended to be for...
Ms. Harper: I would like to answer that. Yes, I went to Mr. Cesar Odio's
office and requested to him that we use the Marine Stadium for free he said
that he couldn't do this, but he could make this appointment for us and give
us an estimate of a cost of using the facilities and perhaps you will be...
you will see to it that we could carry on with those events which are, I feel
very important festivity not superfluous festivity, but a festivity that
does, will carry good word back to the world and in the United States and
many places of a City that has so much more to offer.
Mr. Plummer: Mr. Odio, what do you figure is the expense? What is the
minimum?
Mr. Odle: Five thousand.
Ms. Harper: Five thousand dollars.
14Z FEB 11 1982
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Ms. Harper: I would like to state that a lot of those organizations have a
great deal of volunteers and that some of the expenses listed...
Mr. Plummer: Ma'am, that's not the point. By ordinance which we are governed,
we cannot waive the fee. It's not a matter of what I would like to do for you
it's a matter of what I can and the ordinance says I cannot.
Ms. Harper: I see. Is there anything we can do?
Mayor Ferre: I wish you the very best. Seriously, we... I don't know whether
you were here this morning...
Mr. Plummer: Let me ask a question, Mr. Mayor. Mr. Odio, why did you recommend
these people to come here and ask for this if while you are telling me by ordinance
that we can't do it?
Mr. Odio: I told them that I was not authorized to waive the fees of the Marine
Stadium, that the only other alternative they had would be to come to the City
Commission to ask for money, but that they could not ask for the waiver of fees
because...
Mr. Plummer: Oh, I see. In other words, what you are saying to them is
don't waive the fees, we give them money and they pay it and then there is
no fee waiver That's the worst kind of fee waiver.
Mr. Odio: I didn't recommend that you give the money, I said that I was...
Mayor Ferre: Alright, Ms. Gross and to you and to your associate let me say
what you are doing is wonderful, it's commendable, it is good for the City and
it's good for the community. We are now in the midst of having to decide
whether we are going to feed people hot meals in the City of Miami or whether
we are going to cut children out of programs of day care centers. Now, we
are spending money for carnivals, we do spend money for carnivals, we do spend
money for things that in our opinion remunerate to the best interest of the
City. For example, there is a request by the Kiwanis Club that we give them
ten thousand dollars so that a major television program will be presented by
Spanish International Network, which will be seen by sixty million people. Now,
ten thousand dollars for sixty million people viewing a major program originating
in Miami is something that this Commission might consider. Five thousand dollars
for twelve hundred visitors to this wonderful program is something that I don't
think we can afford to do. Now, for example, we are talking about day care
centers and the argument is going like this, the Dade County School Board can
take care of these kids for six hundred dollars a year. We are paying some
entities here three thousand dollars, we can't afford that. So, we need to
look at some of these things in their cost effective relationship. Now,
obviously the members of this Commission andI concur do not feel that we can
at this juncture spend five thousand dollars to get twelve hundred people to
visit this is worthy as it is.
Ms. Harper: Well, twelve hundred people is their estimate trying to be as
accurate as possible. I think that the show will probably fill the stadium
and I hope it does. But that money instead of going to a decompression chamber,
it will have to got to pay expenses and that will be a shame and there is, you
know, so much of that. I do appreciate your interest and I hope that Oceans
Miami Week does bring in the future many conventions and money to the City.
Mayor Ferre: Thank you, very much.
143 FEB I 1 19e2
71. PERSONAL APPEARANCE: ETHNIC PROBLEMS IN THE COMMUNITY
Mayor Ferre: Alright, the next appearance is Helen Starr regarding ethnic
problems in this community and their causes. Alright, Ms. Starr.
Ms. Helen Starr: Yes. Members of the Commission, I'm Helen Starr, 9010 South
56th Terrace. I'm speaking today on the subject of ethnic problems in our
community and their causes. There were three main causes of most of Miami
ethnic problems. First, there was a lack of responsible leadership within the
Latin community. Latin leaders have been insensitive to the psychology of
Americans. A prime example of this Latin insensitivity can be found right here
in this chamber and I'm indicating these three signs that are standing in front
of me. Today there were three of them here. Latin leadership has also failed
to show knowledge of the history, customs and cultural heritage of the United
States. Latin leadership has chosen to ignore the concept of national sovereignty
and by their actions in fact, have violated the national sovereignty of Americans.
Latin leaders refuse to understand that Americans opposed to bilingualism are
not bigots. Americans would oppose any oppressive foreign language, be it
Greek, German, French or Swahili. We are protesting a system that is causing
discrimination against us and it is unfair of you to pin the label of bigot
upon us. This bigot label has been used a a big lie to keep Americans quiet
for years, but we are no longer being fooled by it. No Latin leaders have
denounced the lawless mobs who have taken over the streets, blowing their horns
and disturbing the peace of the City anytime they do not agree with a governmental
decision. Never in twenty years have Americans heard a Latin leader influence
the Latin community to stoi, activities offensive to the standards of civilization
within the United States. I am talking about cock fighting and animal sacrifices.
These are not appropriate activities in any civilized community and Americans
want them out of here. Why aren't Latin leaders delivering this message. Last
and worst of all, there is the failure of Latin leaders to establish an honest
dialogue with opponents of bilingualism. As leaders they should know that without
and honest dialogue a problem will never be solved. All these insensitivities
are a great cause of our ethnic problems. Another great cause of our ethnic
problems is lack of responsible leadership in the Black community. Where is
the Black leaders to tell the Black people that they are treated worst in
Miami than in any other place, because in addition to all the discrimination
they already carry they now have language discrimination to add to their burdens.
Where is the Black leader who will tell Black people that for all practical
purposes the Anglo community expands to include them also. For the first time
in history Black and Anglo together are suffering from the same discrimination,
language discrimination. Where is the Black leader with enough courage to
speak the truth. The last main cause of ethnic problems in our community is
the lack of any kind of leadership in the Anglo community at all. Where is the
leader of the Anglo community? He simply does not exist. Where is someone
to say to the Anglo community, Americans, you must continue to resist bilingualism
because it conflicts with both the national and cultural traditions of your
Country. Where is the leader to say to the Anglo community, Americans, awake
and refuse to cooperate with the system that is causing discrimination and
oppession against you. Where is the leader who will say, Americans inform your
selves, alert yourselves and protest loudly against language injustices and
insults. We have waited and waited, but the leader has not come. Since there
is no Anglo leader I would like to act as an Anglo spokesperson. The Anglo
viewpoint about bilingualism and the bilingual regime should be heard. At a
future meeting I would like to explain the historical and cultural reasons for
American rejection of Spanish as a legal public language within the United
States.
Mayor Ferre: Alright, thank you.
F E B 11 1982
Ji44
72. PERSONAL APPEARANCE: PROPOSAL TO DECLARE MARTIN LUTHER KING JR.
BIRTHDAY & INSTRUCT CITY MANAGER TO STUDY
Mayor Ferre: We are now on Item #9, which is an appearance by William L.
Johnson regarding the proposed establishment of January 15th as a legal holiday
for Martin Luther King's birthday. All night, Mr. Johnson.
Mr. William L. Johnson: Mr. Mayor and Commissioners, my name is William L.
Johnson. I'm Chairman of the Culmber C.A.A. Advisory Council and also President
of Greater Miami • I have present with me this afternoon Dr. Bill
Perry who is President of the Greater Miami NAACP. We are here to ask this
Commission to pass a resolution and/or an ordinance to establish Martin Luther
King's birthday January 15th.
Mayor Ferre: Can we save some time on this. Are you going to move it Miller?
Mr. Dawkins: Yes.
Mayor Ferre: Alright, it's been moved by Miller Dawkins, is there a second?
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mayor Ferre: The motion is that we declare Martin Luther King's birthday,
January 15th and of course, take another holiday away so that... Oh, absolutely,
we are not... because otherwise it would cost a million dollars. In other words,
you figure out which one of the other holidays you are taking away because we
are not going to be...
Mr. Dawkins: Alright, let me rephrase the motion. I would make a recommendation
to the Manager that since the other muncipalities in this area, one or two of
them are not observing Martin Luther King's birthday as a legal holiday, that
you research the issue and come back and let us know which day we can drop and
pick up Martin Luther King's birthday as a legal holiday.
Mr. Plummer: Miller, I have no problem with that at all except the fact that
I think your problem now existing we just ratified the last contract today.
Now, what that in effect is doing is...
Mayor Ferre: J. L., we would have to ask the Unions, obviously, that they would
substitute January 15th for March 30th or July whatever it is, you see. And
I'm sure that most of them will approve it, you know. So that the question is...
you understand Mr. Johnson,...
Mr. Johnson: Yes, I do.
Mayor Ferre: ... that for us to put one day more just automatically would
cost the City literally millions of dollars.
Mr. Johnson: I understand you position and I appreciate your concern.
Mayor Ferre: So, what we are doing is, we have, say eight or nine paid holidays,
we are going to drop one and substitute another, ok. We will have to decide
who we are going to drop, ok, and it obviously,...
Mr. Johnson: Did the motion carry?
Mayor Ferre: It's been moved and seconded and is there further discussion?
Alright, call the roll.
145 FEB 11 1982
The following moln was introduced by Commissioner Dawkins, who
moved its adoption:
MOTION NO. 82-146
A MOTION INSTRUCTING THE CITY MANAGER TO MAKE PROVISIONS FOR
THE ANNUAL OBSERVANCE OF "DR. MARTIN LUTHER KING, JR.'S BIRTHDAY"
AS A CITY OF MIAMI OFFICIAL HOLIDAY; FURTHER INSTRUCTING THE CITY
MANAGER TO RESEARCH THIS ISSUE AND COME BEFORE THE CITY COMMISSION
WITH A SUGGESTION AS TO WHICH OTHER NEGOTIATED HOLIDAY CAN BE
_ DROPPED FROM THE EXISTING PAID HOLIDAYS.
Upon being seconded by Commissioner Perez, the motion was passed
and adopted by the following vote:
AYES: Mr. Plummer, Mr. Perez, Mr. Dawkins and Mayor Ferre.
NOES: None.
ABSENT: Vice -Mayor Carollo.
73. PERSONAL APPEARANCE: REQUEST FOR ASSISTANCE:
STUDENTS FOR "WASHINGTON CLOSE-UP"
Mayor Ferre: Take up... Zeta B. Gibbs sponsor the Miami Jackson Senior High
School Close-up Committee. Ms. Gibbs.
146 FEB 11 1982
Ms. Carmen Tediack: Carmen Idiack, 2914 N.W. 31st Street. 0 requested
that Mrs. Gibbs yield to the voice of the students in our presentation. As
Chairperson of the Miami Jackson Close-up Committee, I appreciate this oppor-
tunity to describe the importance of the Close-up Program. Close -Up provides
a multi -facet educational opportunity that is unavailable through any other
medium. The participants in the Close -Up programs see our government from
the inside. The students are given the opportunity to hear from, question
and challenge the people who do the actual work involved in the operation of
our federal government. They have access to our state senators and representa-
tives, White House staff members, Pentagon officials, members of the Washington
Press Corps, lobbyists, State Department officials, these are just to mention
a few. We at Miami Jackson are already aware of how stimulating such an exper-
ience can be. If you will recall, Mr. Mayor and Commissioners, Mr. Charles
Hadley arranged for some of the students from Miami Jackson to observe this
body at work. The first hand experience taught us more and stimulated more
interest than classroom rhetoric could ever hope to do. The Washington Close -
Up Program also gives students from Miami the chance to meet and share ideas
with students from many areas and backgrounds within our own community. This
allows them to gain a broader clear perspective regarding our communities needs
and interests. I can draw from my own personal experience to prove to you that
Close -Up impacts upon the individual. My County and State level Close-up
experiences provided me with the incentive to become the first student to oc-
cupy a seat on the Board of Directors of Florida Close-up. Our reasons for
believing that we at Miami Jackson deserve the support of the City government
will be detailed by my fellow student, Russell Smith.
Mayor Ferre: All right, Mr. Smith.
Mr. Russell Smith: My name is Russell Smith and I live at 1274 N.W. 39th
Street. Let me begin by reminding the Commission that Miami Jackson is located
in the City of Miami property and that our students are residents of the City
of Miami. The Close -Up Program encourages students to pursue politically act-
ive careers. Close -Up is noted for inspiring development of leadership abilit-
ies among its participants. We, the students, have accepted the challenge to
seek careers and life-styles within the Miami community of a politically act-
ive nature to help fill the need for leadership within our generation. Like
the City itself, we are a multi -ethnic school. Our Close -Up group is represen-
tative of all the facets of our community. We are, however, also a financially
poor segment of the greater Miami community. We have sincerely attempted to the
best of,our abilities to help ourselves. We have taken odd jobs, held car
washes, solicited donations from many civic -minded businesses and individuals
within the communities, our families have helped us as much as they are able.
We are continuing our efforts by working with the Miami is for Me Campaign.
We will be selling the Miami is for Me Campaign buttons to local businesses.
We are the only school to become active in the campaign to promote a positive
image of the greater Miami area. We are the school that exemplifies what we
can accomplish through mutual respect and cooperation among our many groups.
To date, we have generated $4,380. We have eleven registered applicants, the
total cost would be $7,117. We are currently $2,737 short of our goal. We
would like to request that the City of Miami assist the students of Miami
Jackson Senior High School in their endeavors to attend the Washington Close -
Up Program.
Mr. Dawkins: Mr. Mayor, as heart warming as the presentation has been, and
as much as I would like to have these youngsters visit Washington, I have
sat here all day and denied others funds with which we constantly said that
our priorities are, and if I'm in error correct me, feed the hungry, give
health care to the sick and provide other services. I cannot sit here, as
much as I would like to, and vote that we give these youngsters this money.
I would, in all sincerety, work as hard as I can with them with the business
industry asking that they, and I don't mind going to Burger King or any other
place with them and ask that we get this money. But I cannot in good faith,
and I only have one vote, I cannot in good faith vote for this after having
turned everybody else down today.
Mayor Ferre: How much is the request for?
Mr. Smith: Well, $2,737. It is open ended because we would be grateful...
Mr. Perez: The charge is $647 for each student, no? How many students....
Mr. Smith: But we would be grateful for whatever you can afford.
Mr. Plummer: Let me just ask one question, and let's be fair. How many
high sch:,ols are there in the City Limits of the City of Miami? I'm assuming
147 FEB 111982
program is to high scho* Em I correct? Miami High, Miami Edison, Miami
Jackson?
Mr. Dawkins: Miami Northwestern.
Mr. Plummer: In other words, what I'm really getting at is this: How do I
say yes to you and really bend the wire and then when the others come up here
asking for the same thing say no to them? So what I'm saying is that whatever
I say to you in the form of a yes I've got to multiply by 4 or 5 times which
is the potential, that if I give it to you I've got to give it to others and
I think that is the real danger that's here.
Ms. Zeta Gibbs: May I respond to that? My name is Zeta Gibbs, I live at
8501 S.W. 127th Street. I'm talking as loud as I can. In response to that,
we have investigated the number of students that the other schoola managed to
send on the Close -Up Program. We have discovered that Northwestern Senior
High School has'substantial backing from some of the, I believe Gulfstream
Race Track and so on. Miami High sends a substantial number of students.
We have yet to find a basic source to attempt to stimulate leadership from
within the Miami Jackson Community. We are the only inner city high school
that really represents all the groups. We are everyone.
Mr. Dawkins: That's not my fault, that's because they would not bus any into
northwestern.
Ms. Gibbs: Granted.
Mayor Ferre: Are you a student or a teacher?
Ms. Gibbs: I'm their sponsor, I'm a teacher.
Mayor Ferre: Are you related to Tucker Gibbs?
Ms. GibL5: No. But we have discovered since we are everyone within the commun-
ity, Hispanic, Anglo, black, Mariel refugee, Haitian refugee, we are everyone,
that we tend to almost to fetal like orphans. We do r-,ot tend to get the conmu::-
ity support and the attention focused on us that the other schools have managed
to gain. Therefore, we were hoping that in this one instance we could generate
perhaps at least one scholarship from the City of Miami in hopes of them being
able to stimulate more business community activity by showing that the City had
the kind of faith in our student body to help them with their efforts.
Mr. Plummer. How muck-. is one scholarship?
Ms. Gibbs: $647.
Mr. Perez: Do you work for Miami Jackson or are you the sponsor of the Close -
Up Program?
Ms. Gibbs: I'm from just Miami Jackson, each school has their own.
Mr. Perez: Do you think maybe it would be possible to try to offer three
scholarships for all the different schools?
Mr. Plummer: She said the need is not there for the other schools, let's not
open the invitation. She said the need is not from the other schools.
Ms. Gibbs: Well, the suburban schools, for instance, have a record of sending
anywhere from 25 to 50 students whereas we have discovered we end up trying
to send one or two with difficulty.
Mr. Dawkins: Well, again, I sympathize with what you're saying and I understand
what you're saying. What you're saying to me, and which I well know, Jackson
is in thv ghetto, Eastern Airlines, National Airlines, Pan American Southeast
Bank and all who we do business with, and when I say we I mean minorities, give
less than a damn about helping us. But there again, somebody has to go to them
just like you're coming to us and put them on notice that we need help and if
you do not want, and I will go with you to Eastern in the morning, I have no
problems with it, and tell Eastern, and I'm pretty sure I can get Dr. Perry
and the NAACP to go, and tell Eastern, Southeast and anybody else, "If you
cannot provide $3,000 for these youngsters then we will tell blacks to draw
their money out of your bank or quit flying Eastern or whatever the hell it is"
but we just don't have the money because we are in a financial crunch and
that's just me, but I make a motion that this be denied.
Mavor Ferre: Is there a second? Is there a second? F E B 1 1 1982
148
Mr. Plummer: What was the m9on? 0
Mayor Ferre: That it be denied.
Ms. Gibbs: Mr. Mayor, may I say one more thing?
Mayor Ferre: Yes.
Ms. Gibbs: We were wondering if that became the case if we could discuss with
the City, perhaps at some other time even, the possibility since the "Miami is
for me" Campaign is to try to stimulate touristm and dollars into the City and
we are distributing buttons, perhaps we could have a business arrangement con-
cerning City employees and buttons.
Mayor Ferre: Okay, well, that's something that we can....
Mr. Plummer: When is this thing coming down?
Ms. Gibbs: Our particular deadlines are within the next week or two, unfortun-
ately, but we might be able to get an extension if we had any kind of firm
commitments.
Mayor Ferre: How much have you raised, by the way? How many trips have you
got paid?
Ms. Gibbs: We have about $4,380, it extends out to 5 to 6 trips. We have
through their efforts this year managed to almost triple our normal number.
It is just this particular group has already been so very politically active.
You know, we have been to the School Board and gotten renovations for their
school and done so much that we're putting a particular push, we're trying to
get them to go.
Mayor Ferre: Well, we must move along now. What is the will of this Commis-
sion? You've heard a motion, there was no second.
Mr. Plummer: What was the motion?
Mayor Ferre: The motion was to deny it.
Mr. Plummer: Well, let's try the other way. I'll make a motion to approve two.
Mayor Ferre: All right, there is a motion that $1,200 be granted, is that
what two is?
Mr. Plummer: Near 1300.
Mayor Ferre: In the City budget, $1,300. Is there a second?
Mr. Perez: I second.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer who moved its
' adoption:
MOTION NO. 82-147
A MOTION GRANTING A REQUEST MADE BY STUDENTS FROM THE "MIAMI
JACKSON SENIOR HIGHSCHOOL" FOR A CASH ASSISTANCE GRANT IN AN
AMOUNT NOT TO EXCEED $1,300.00 FOR YOUNG STUDENTS TO BE ABLE
TO TRAVEL TO WASHINGTON, D.C. TO PARTICIPATE IN THE "WASHING -
TON CLOSE-UP PROGRAM".
Upon being seconded by Commissioner Perez, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J: Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Joe Carollo.
I11"49 F E B 111982
►1
Mayor Ferre: I vote yes, and I want to tell both of these young people that _
you made very nice presentations and I'm proud of both of you.
74. PERSONAL APPEARANCE: AMERICAN RADIO CLUB SEEKING USE OF A
VACANT FIRE STATION.
Mayor Ferre: we're now on Item 11 which is the American Radio Club requesting
use of the empty fire stations. All right, is there anybody here for the
American Radio Club, Item 11?
Mr. Plummer: Mr. Mayor, let me ask a question first of all before we allow
them to expand on what I think their proporsal is. There is a City
policy or whatever that before the City Commission can even consider an ordinance,
before the City Commission can even consider these kinds of proposals the piece
of property has to be declared surplus.
Mayor Ferre: Plummer, May I interrupt, cut through and save time? The City
administration is right now, after a resolution of the City, the administration
is pursuing the usage of these surplus fire stations. We have set priorities
and we have set up a system and my advice to both of you and to the American
Radio Club is that like everybody else you get in line and you talk to staff
and let me tell you who else wants, there are about 5 people who want your
same fire station that you want.
Mr. Plummer: I've ha3 more than 5.
Mayor Ferre: well, I know that the Brigade 2506 wants that fire station.
Mr. Plummer: Alicia Baro.
Mayor Ferre: Alicia Baro, and that corporal and the Puerto Rican Woman want
that.
Mr. Plummer: Mr. Mayor, I still want to aet back to my point. Has this prop-
erty yet been declared surplus for City use? I don't think that we have heard
that and until that time under an ordinance of this Commission we can't even
consider proposals. Now the thing has got to be declared surplus.
Mayor Ferre: Mr. Manager?
Mr. Gary: t•!r. Mayor, the property has not been declared surplus.
Mr. Plummer: So I think, Mr. Mayor, you know, that's what I have told all the
people have called me, that your calls and your invitations are just premature.
We can't even consider an application or a bid or whatever unless the administra-
tion declares it surplus and I think we've got to follow the ordinance.
Mr. Gary: That's the process the Mayor said that we were following in terms of
not only the surplus but setting the criteria in terms of priorities.
Mayor Ferre: So to these two citizens, may we say to you, sir, that you follow
the procedure that everybody else is following and speak to the administration
and they will come back with a recommendation, if it is declared a surplus we
will have a public hearing and we will hear from you.
UNIDENTIFIED SPEAKER: Thank you.
UNIDENTIFIED SPEAKER V,': Muy I :.a ono word?
Mayor Ferre: Of course, your neime and adress for the...
UNIDENTIFIED SPEAY.ER 02: Thar. will n„t cost to the City a penny, we are going
to provide at least 200 people hull -in,, the police and to save all the crime
that we are having; right now. sr, t hi r: , s the time that we're not going to ask,
we are going to provide to tli(-City a great service for the community. Thank
you, Mayor.
Mayor Ferre: Thank you. FEB 111982
150
75. PERSONAL APPEARANCE: JOHII CHEEVER SEEKING USE C: IIIAMI
BASEBALL STADIUM.
Mayor Ferre: We are now on Item No. 12, which is Mr. John Cheever regarding
the use of the Baseball Stadium.. Is Mr. John Cheever here?
Mr. Dawkins: Can we save time? We gave it to everybody else, let's give it
to him.
Mayor Ferre: Now, who does he represent?
Mr. Dawkins: I don't know, but we gave it to the Cuban oldtimers, and we have
given it to -so and so and so. I don't see no reason why not to give it to
him.
Mr. Plummer: Can we find out who he represents?
Mayor Ferre: I've got no problem, so long as it is a legitimate organization.
Mr. Dawkins: I hope it is not the Klu Klux Klan.
Mayor Ferre: You don't represent the Klu Klux Klan, do you?
Mr. Plummer: Yes, nobody wants the sheet concession.
Mayor Ferre: Wfi o do you represent?
Mr. Cheever: My name is John Cheever, and first of all, I would like to thank
the City Manager's office, Mr. Howard Gary and especially Mr. Walter Pierce
for }yelping me to appear before the Commission on my request for the use of
the Miami Stadium. I represent...I am not a very good public speaker, so I
am going to ask the Commission to bear with me in my presentation if I have
trouble getting across what I am trying, to say, but I represent a group of
young men. First of all, I live at 2271 N. W. 81st Terrace. From the address
you can tell that it is not within the city limits, but the group of young men
that I represent are a group of young men between the ages of 16 and 25 that
live in what we call the old project on N. W. 12th Court and 64th Street,
approximately 35 to 45 young men that I consider now as border -line criminals.
These young men are heavily involved or they can be heavily involved in the
very serious crimes. If you notice, the areas that I gave you is the area
that was primarily largerly occurring when we had the May, 1980 riots. This
areas was primarily responsible for a lot of the things that happened. What
I am trying to do with these young men is a baseball and softball team called
the Super Stars, and like I said, if these young men need positive directions
to go on, I think that if they don't have the proper guidance and a lot of
help from you and I, they can go off.
Mr. Dawkins: May I ask you a question? How long would you want this park for?
Mr. Cheever: For one hour.
Mr. Dawkins: Okay, let's do this, I mean, I live across the street from Manor
Park. Can you use Manor Park where I perhaps -and I can get some other
gentlemen- to come over and perhaps we can help you by providing role models,
a strong role model image that we can sort of, and maybe, instead of making it
just this one time affair, we could get with you....
Mr. Cheever: Well you see, I have been through this. These young men are nega-
tive thinking people. They always have something...
Mr. Dawkins: Let me help you if you will, okay? You are asking me to give you
a facility, turn on lights and provide.... well see, you are asking for a facility
that is going to cost money to operate. I am trying to ask you to work with me
and come to a park that is already operating that we have people in that we do
not have to provide...
Mr. Cheever: We have parks around the county available for the same thing. Just
let me say my point, okay? We have parks around the county that are more than
adequate. I feel that are more than adequate to afford what you are saying, but
with the young men that I am working with, they are always looking for a negative
in something rather than a positive. If I came to them with this idea, if you
say "yes", they would want to say "no", regardless of what it was that you ap-
proached them with. They always seek the negative in it, rather than looking
151 FEB 11 1982
ld
1 lr
Mr. Cheever: (con for the positive. To give you an example, when I grew
up, we had a dried out rock pit to practice in. We were satisfied; we were
content. We didn't gripe; it was nothing negative, I mean we enjoyed just doing
it. But with these guys, everything seems to be that system is... they figure
that it is"them against the System�l It is not a situation where they are work-
ing along with the System, but working within the means of the System. They
feel as though it is` them and you; or us against them. All I am trying to do
is afford them the opportunity of having the positive experience of practicing
1 hour or 2 in Miami's finest baseball facility. And I believe that this posi-
tive experience will keep them from going over the edge, because like I said,
the example that I want to give is that we had scheduled Edison Park as a pract-
ice place. Now, I have took a championship team, a Dade County championship
team to the championship at Edison Park, but like, to these guys here, Edison
Park is not good enough.
a
Mayor Ferre: Mr. Cheever, you have now run out of time and as you notice, we
had to put a'5 minute time on everybody speaking here now, so I think you have
made your point. You have heard Commissioner Dawkin's answer. What is the
will of this Commission?
Mr. Cheever: What? I didn't hear the answer, I am sorry.
Mayor Ferre: You heard what Commissioner Dawkins said. I heard him too.
Mr. Cheever: I heard a proposal.
Mayor Ferre: Yes, that is right. That is what you heard. I think he is speak-
ing for all of us. Does anybody want to differ? Do you want to make this in
the form of a motion?
Mr. Cheever: Well, what I want to ask is, is there any way possible that I
can perhaps get the use of the facility for one hour, whether a fee was involved
or what. And if a fee was involved, then you know what the fee is.
Mayor Ferre: What is the fee for the use of the Miami Stadium for one hour?
Mr. Odio?
Mr. Cheever: It doesn't have to be at night time hours. It could be during
the day. We will take care of the maintenance and I also would like to, if there
is anything concerning insurance or anything, I was wondering if we could provide
our own insurance?
Mayor Ferre: You don't have a rate?
(INAUDIBLE COMMENT NOT PLACED INTO THE PUBLIC RECORD)
Mayor Ferre: Well what is the rate in the evening and then we will see what....
Mr. Odio: $500. On a daily basis. Amateur is $500.
Mayor Ferre: Amateur is �50U. Well I am sure that this...
Mr. Cheever: $500?
Mayor Ferre: For the day.
Mr. Cheever: I don't need a day. I just need one hour. Can that be quoted?
Mr. Plummer: There are union contracts and such. When you open it up, you have
got to have "X" number of electricians; you have got to have "X" number of sound
men; you have got to have "X" number of ground keepers; you have to have people
to go in and clean it up, whether it is an hour or a full ballgame of 4 hours -
that is the problem. These people have to be hired; they are hired under a mini-
mum of 4 hours.
Mr. Cheever: Well, what I am saying is that, if there was any cleanup to be done,
we would be responsible for that.
Mayor Ferre: Can't do it, because we have the union contract and the members of
the union, they may be around here, and they are not going to let us do that.
We have a contract with the union.
Mr. Cheever: In other words, you have no way of setting up .... see because, what
I am saying to you is that when I grew up, we used to have like baseball seminars
152 F E B ',I -1 1982
Mr. Cheever: (con't) 4iami Stadium and like, we didta know who was respon-
sible for us being there; all we knew is that we achieved the same positive -
feeling out of the whole situation. We don't know what was involved in it. What
I am doing is just approaching you now, to sort of like maybe create some kind
of positive.....
Mayor Ferre: I will tell you now - Nester just gave me a hell of an idea. Sup-
pose we were to ask the Orioles or the baby Orioles or some other team that is
using it, that when they are using it, either an hour before or an hour after, that they be permitted to come in and play. And that solves the problem! And
I am sure they would do it.
Mr. Cheever: I would appreciate it.
Mayor Ferre: You got it. I think we just figured out how to do it. Good
thinning.
Mr. Plummer:. Expect a call tomorrow from Ronnie Pine.
Mr. Cheever: Thank you.
Mayor Ferre: You got it. Now wait, don't walk away, Mr. Cheever. You have got
to go see the man over there so he can get all this information and then we will
try to work that out.
76. PERSONAL APPEARAINCZ: HAITIAN REFUGEE CENTER INC. REGARDING
CONDITIONS AT KROME AND URGE RELEASE OF PERSONS DETAINED THEREIN.
Mayor Ferre: Alright, we now have the Haitian Refugee Center, so please step
forward. It is Item No. 4.
Unidentified Speaker:Thank you very much. Sorry Rev. Jean Juste can't be here
tonight.
Mayor Ferre: Alright.
Unidentified Speaker:Mr. Mayor and members of the City Commission,as you know,there ar,
600 Haitians in Krome; there are about 2100 Haitains detained in about 8 or 9
— facilities all over the country. We would like the City Commission to move that
in the opinion of this city, the City Commission, the Haitians should be released
from detention. Now basically, the points are as follows:
Mayor Ferre: Wait, wait. Want to make a motion. Alright,Miller Dawkins moves,
Demetrio Perez seconds that this City of Miami Commission go on record that
this detention should not be sustained by the federal government and that these
people ought to be let out into the community on their own recognizance, like
other people are who do not have criminal records and as other applicants for
parole status.
Unidentified Speaker:Could I he allowed to make a brief statement of the motion, or
a proposal?
Mayor Ferre: Yes if you want to..yes, go ahead.
11nidentifieti Sneaker! Rack before Aueust. the volunteers....
Mayor Ferre: Don't give us a history lecture.
L'nidentifies Spcaker: No. no. I am not eoinR to do it.
Mayor Ferre: You have a motion. If you want to amend it, tell us what you want
to amend and let's get on with it.
Unidentified Speaker:The idea is that they should be released through the
agencies, the families and sponsors inside and outside of Florida and we are
talking; about the people in Krome as well as in the other detention facilities
across the country.
Mayor Ferre: Is that acceptable to the maker? Acceptable to the second?
Mr. Perez: I would like to also nrnnose to oreaniza a visit. with a representation
from the City Commission and civic leaders to the Krome Avenue.
d 153 FEB 1 iy82
/-1
Mayor Ferre: Alright, would .you help us do that? He would like for the City of
Miami Commission to go down to Krome Avenue and make an official visit.
Mr. Plummer: To protest.
Unidentified Speaker: Certainly.
Mayor Ferre: Alright, it has been moved and seconded. Further discussion?
Alright, call the roll, please.
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 82-148
A RESOLUTION EXPRESSING THE OPINION OF THE CITY COMMISSION THAT
THE HAITIANS CURRENTLY DETAINED AT THE KROME AVENUE DETENTION
FACILITY AND AT OTHER MAJOR DETENTION FACILITIES THROUGHOUT THE
UNITED STATES SHOULD BE TREATED THE SAME AS OTHER PERSONS SEEKING
FREEDOM AND REFUGE IN THE UNITED STATES AND SHOULD IMMEDIATELY
BE RELEASED FROM DETENTION THROUGH SUCH GROUPS AS THE NATIONAL
VOLUNTARY RESETTLEMENT AGENCIES, CHURCH AND OTHER GROUPS, TO
FAMILIES AND SPONSORS IN MIAMI AND IN OTHER PARTS OF THE
UNITED STATES.
(Here follows body of resolution, omitted here and on file `
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
NOTE FOR THE RECORD: AGENDA ITEM NO. 6 WAS WITHDRAWN
77. DISCUSSION ITEM: HOME REHABILITIATION PROGRAM.
Mayor Ferre: Your name and address for the record, Ma'am.
Ms. Kaye: Annette Kay, 4300 N. E. 1st Avenue. Is it possible that I could
be put under oath and my witnesses put under oath?
Mayor Ferre: For what purpose, Ma'am?
Ms. Kaye; Well, there seems to be quite a discrepancy in my story and the story
of the agency that I have the complaint against.
Mayor Ferre: Mr. Knox, as you know, Janet Reno has given me a real lecture
about the City of Miami on its own arbitrarily putting people under oath when
there might be pending criminal actions. Not being a lawyer, I have never
understood that sometimes when you put people under oath, what yyou do in effect,
is give them immunity, and therefore, what we are doing really by putting pCo-
ple under oath, if there is potential of criminal action, is giving somebody
immunity inadvertently. She has asked me not to put anybody under oath here
unless we have the expressed permission of the State Attorney's Office or un-
less it serves a specific purpose that the City Attorney of Miami would appruvc.
Now, I am asking you, Mr. City Attorney if you would approve somebody being
put under oath without really knowing what we are heading into.
Mr. Knox: Well, I think it would be a judgement of the City Commission that
they would convene themselves as a quasi-judicial body and that is a determi-
nation to be made by a.vot.e of Elie Commission.
154 F E B 11 1982
Mayor Ferre: I will te'� you, unless I am over -ruled, r`� Chair rules that
until we know what thisoout and hear the testimony, I a not going to
put anybody under oath.
Ms. Kaye: Some time early in 1981, I filed for a Community Development loan
and grant. While the loan was awaiting my daughter's signature, I was suddenly
told by Mr. Balantz that I no longer was entitled to the orginal loan awaiting
signature because the procedure 'had been changed for me and all the 40 appli-
cants under old guidelines. I would now have to refile for a loan which gave
me a smaller amount of money and no grant, plus a loss of time involved with
both old and new loans. More important, I have never been forewarned of change
in procedure, either from Mr. Balantz or anyone else, for that matter. When
I checked as to why such notification was not given with HUD in Washington, I
was told that I was legally entitled and everyone else under this procedure to a
30-day written notification. I then started the tedious procedure of trying to
have the first loan reinstated under original guidelines. All departments con-
nected with this agency protected the agency, not caring for the people who were
thrown off original program; not caring for the public who was supposed to be
served by these agencies. The agency, in its inter -office memo accuses me of
ever), device, including income tax evasion from Mr. Joe Balantz, to Jerry
Gereaux's accusation that despite a hugh file in front of him, I never filed
for the loan. Mr. Balantz claims he told me of change procedures. Not only
didn't he tell me, but I have a witness who will verify this. The agency tells
of the good condition that my home is in. How would they know? They only
visited on a 2-minute tour inside the house by Mr. Bal.antz, Mr. Abrams, accom-
panied by a Latin man of light coloring, who, I understood, was supposed to be
an architect. They strolled from one end to the other and then out the door,
admiring the interior decorations. I also have a witness that will attest to
this. Prior to this Commission meeting, I requested the list of names and ad-
dresses of the other applicants. Also requesting this list was Commissioner
Perez and Commissioner Dawkins. As of today, I haven't received it. This list
is important, since the agency claims all applicants are happy with loan change
over, also the loss of grant. I am not in any financial position to repair
deterioration in my house as it is today. The original loan covered bringing
the building up to code, plus repairs of all things needed. Mr. Balantz sent me
inept contractors, consuming time, and when I asked them for references, Mr.
Balantz complained I was a nuisance. His contractors would have nothing to
do with me. However, one of the houses in our area, who had a contractor recom-
mended by Mr. Balantz and approved by the agency, when finally finished after
being burglarized by contractors, the house at this time is being redone at
City's expense because of bad workmanship. However, Mr. Balantz' agency were
happy that Mr. Bob Todd did not ask for references, because if he did, they
might have had the same problem as I had. We, the applicants who filed under
old loan procedures are entitled to these loans. Agency takes an autocratic
attitude with the applicants. The loan change was made because money was not
disbursed fast enough as our neighborhood could attest. They wished, they say,
to safeguard these , however, the applicant will lose and the only
consideration they have is to safeguard a $500,000 a year bureaucracy which
includes their high paying jobs. Last, but not least, in an inter -office
memo, Mr. Balantz implied, because I am an woman, that is why I needed
signature, despite the fact I've owned and paid mortgage on this hour for eight
years myself. Am I also being penalized because I am a woman? Through this
entire tissue of innuendos, Mr. Salman, Mr. Gereaux have protected their status,
not caring about the needs of the applicants whose houses are in eed of major
repair. Frankly, I can certainly understand their policies in view of their
high positions and salaries they share, but you should see our neighborhood be-
cause of their ineptness. I request reinstatement of original loans for myself
and all the old applicants who wish it. Thank you.
Mayor Ferre: All right, are you finished?
Ms. Kaye: Yes, sir.
Mayor Ferre: I would like to ask of the administration to fully review the
statement as submitted by this lady and to answer when the proper information
is ascertained. Thank you very much.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mavor Terre: Yes, Ma'am, that was the request of the Manager, to review this item
and tht, City Attorney, jointly, and to inform you after the review is colleted.
78. DADE COUNTY AFTER SCHOOL CARE PROGRAM - Sce later item, 32.
Mayor Ferre: Item 24, Dade County Schools After School Care Program and the
Community Schools.
Dr. Tasse: I am Lou Tasse. 155 FEB 111962
0
Mayor Ferre: You have got 3 members of the Commission present. Get to the
point quick.
Dr. Tasse: Okay. I am Lou Tasse, director of Community Schools for the Dade
County School System. Your proposal to reduce the funds would have several
impact, I think of great importance to the residents of -the city and I would
like to bring a few of those to your attention. The istdediate impact would,
by reducing funds to 13 Community Schools would have effect at Allapattah
Jr. Dunbar, Fairlawn, Kenlock Park, Little River, Edisoola Senior, Northwestern
Senior, Primary C, Riverside, Shadowlawn, Shenendoah, Silver Bluff and Booker
T. Washington. Those, gentlemen, are the 13 programs ii!hich you participate
in, cosponsoring as Community Schools. These programs Verve nearly 12,000
City of Miami residents each month. The other 3 programs in after school care
which you are proposing to reduce in funding after June..30th would be the
Little River Elementary after care program, Silver Bluff and the Carver pro-
gram. These programs last year served 672 different children from the City
of Miami; 385 of them are presently in the program. 88% of all the children
in the program are city residents and 91% of the children come from minority
families. I think that we are talking about problems of funding and the op-
portunity to get more mileage for our dollar and to get an investment of one
and get perhaps a return of many more from other sources of revenue for the
city residents. It seems to me that it would be unwise, especially with the
summer coming up to curtail your involvement in after school programs to serve
working parents and esepcially the Community School program serving thousands
of people many extra hours each day throughout the year.
Mr. Plummer: Outside of the City of Miami, Dr. Tasse, how do you get funding?
Dr. Tasse: For these particular programs?
Mr. Plummer: Yes, the same kind of programs.
Dr. Tasse: These programs are funded - the after care programs receives parent
fees which go along with the funds that you put in.
Mr. Plummer: I am saying outside of the city.
Dr. Tasse: Outside of the city we receive state funds for Community Schools approx-
imately this year of about $7600 per school and the School Board contributes the
remaining cost, plus fees which are charged to residents and people participating
in the program.
Mr. Plummer: Do you operate any of these after care or day care outside of the
City of Miami?
Dr. Tasse: Sure, we have 28 Community School centers within the Dade County
that provide after school care programs.
Mr. Plummer: How much money did you get from Metropolitan Dade County?
Dr. Tasse: Presently, none.
Mr. Plummer: How many of those schools are operating in Metropolitan Dade County
out of the 28?
Dr. Tasse: I would say probably 8 or 10: I am not sure exactly. I don't have
that figure. Some of them are in other municipalities.
Mr. Plummer: But isn't it a safe assumption that they are getting a free ride
on 10? '
I
Dr. Tasse: Nobody is getting a free ride. I mean, they are being paid for....
I
Mr. Plummer: Excuse me, they exist in Metropolitan Dade County.
Dr. Tasse: Yes, my figure of 8 or 10 is correct - it that about right, Joe?
Mr. Plummer: I am not holding you to 8 or 10. Where do you get the funding for I
those programs?
i
Dr. Tasse: Those programs are primarily funded from fees, plus some of them are
funded through Title which takes care of the families that have really great
need income levels.
Mr. Plummer: Where did the rest of the money come from?
FEs
156
0
i
Dr. Tasse: Several of those by the way are also in the city and they would be
impacted if Community School programs are curtailed at Dunbar Primary C, for
example. Those programs also received Title 20 money.
Mr. Plummer: Dr. Tasse, give me one school for example...
Dr. Tasse: You want one outside of the county?
Mr. Plummer: In Metropolitan Dade County, in the unincorporated area.
Dr. Tasse: North County.
Mr. Plummer: North County - that is the name of the school?
Dr. Tasse: North County Elementary, yes.
Mr. Plummer: Now, you get money from the state?
Dr. Tasse: Right, from the School Board.
Mr. Plummer: And Title ... wait a minute ... how much from the School Board?
Dr. Tasse: The School Board provides the major share of the contribution. Your
share of the contribution - your share of $5000 which was when we started the 1st
school in 1961, in the City of Miami, by the way, in the State of Florida at Ada
Merritt, it was $5000. That fee has never been raised by the School Board, even
though costs have gone up.
Mr. Plummer: Are you telling me that in the unincorporated areas, that money
which the city is presently paying is paid by the School Board?
Dr. Tasse: There is state money that comes from the state law that provides some
funds for Community Schools and the School Board provides the main support for
the administrator of the program, the Community School Director and the secre-
tary. and then....
Mr. Plummer: In effect,,we are subsidizing through our funds, schools in the
county.. We are releasing funds for you to use to subsidize in the county area.
Dr. Tasse: No sir.
Mr. Plummer: If you didn't have our money sir, where would they be going?
Where would those schools that exist up in the north end get their funding?
Dr. Tasse: Well, your money is not in the north end. You asked me to pick a...
Mr. Plummer: No, no, no. You are using School Board money to fund those. Okay.
If the School Board had to fund them in the City of Miami,....
Dr. Tasse: Well, the School Board money is used to fund the city ones too.
Mr. Plummer: But not to the same extent.
Dr. Tasse: Sure.
Mr. Plummer: Where are you getting the $5000 the city gives you for each one
in the city, in North Kendall or North Dade?
Dr. Tasse: North County, up until last October we were receiving funds from
Metro for North County.
Mr. Plummer: Where do you get the funds from now?
Dr. Tasse: Those $5000 have been made up by decreasing the program operation
in the county supported schools .... in what was formerly the county supported schools.
So services have been decreased by the amount of funds that were lost from the
county. These programs do take care of a lot of the very same people that have
great needs in the city and I certainly hate to see us get to the place where in
some of these communities that mentioned - your 13 especially, which you are
dealing in some of the core areas. If we start eliminating some of those ser-
vices, I don't know where else the kids are going to go.
Mr. Plummer: We would hope that it wouldn't be the fault of the City of Miami -
that we the City of Miami feel rightfully so that that should be funded by the
157 F EB I ll 1982
School Board and still have millage left to Lncrease their tax, and that it
should rightfully be funded by the School Board, and vie are just at a loss to
understand why you are asking us to do it when out in the unincorporated
area nobody is picking up that tab. Now, why should you say we are doing it?
We have helped you out for years, and then we find out that the county isn't
helping you out at all. Now why should we be any different?
Dr. Tasse: That is a decision that is up to you to make.
Mr. Plummer: Well, I assume by the standing motion of this Commission, Dr.
Tasse, that in fact, this Commission has said we have got to do what Metro-
politan Dade County has done and we would hope that the rightful responsi-
bility that within the School Board would be borne by them and we helped you
out and we just can't do it any longer. That is what I see. It is a school
function. Am I wrong?
Dr. Tasse: I see it as a partnership which has existed between the school sys-
tem and the•city and the residents for many years. That is really what Com-
munity Schools are all about, to get people to try to develop and meet their
own needs and services and them to develop their own programs and their own
funding mechanisms for many of the activities. The activities are there and
supported by the people, but without the resource of the school, without that
$18,000,000 plant at Edison to be available extra hours each day and 12 months
of the year, the community is denied a valuable service because there is no way
to provide that support and that....
Mr. Plummer: What other municipalities do you get funds for for thib program?
Dr. Tasse: City of Miami Beach, Coral Gables, Hialeah, Miami Springs.
Mr. Plummer: For example, what do you get from the Gables, How much?
Dr. Tasse: Well, the Gables provides for 3 community schools, one of them is
Carver, and the Gables also provides additional money beyond the $5000, so that
those 3 schools that they support can have some extra money to develop exciting
new programs that they and their communities need. Coral Gables gives us for
example, Mr. Plummer, $7500 additional on top of the $5000 each year to spend
at Carver.
Mr. Perez: How many children have you served that live in the City of Miami area?
Dr. Tasse: 88% of all the children that were being served. Are you talking about
the after -school care?
(INAUDIBLE COMMENTS - NOT ON MICROPHONE)
Dr. Tasse: No, in 13 schools. The 13 schools that you sponsor are within the city.
There are 42 other centers, but they are not in the city.
Mr. Plummer: $257,000, is what we gave to you last year.
Dr. Tasse: $192,000.
Mr. Plummer: No sir, $192,000 plus 65.
Dr. Tasse: Well, you gave us $192,000 for after school care and 65 which is the
standard for...
Mr. Plummer: Sir, Lou, you didn't understand . I think both of those are the
School Board's responsibility. We gave you $157,000, I am sorry, $257,000.
Dr. Tasse: Yes, that was the total grant from the city last year.
Mr. Plummer: What does a quarter of a million dollars represent out of the total
funds available for social programs?
Ms.Spillman: Well, we get"apprbxihiately $95u,uuu under it.
Mr. Plummer: So, 25% of our money for social is going for things that should
rightfully be funded by the School Board,
Mayor Ferrc:: Okay, can we move along?
Dr. Tasse: Okay, thank you.
158 F E 81 1 1982
Mr. Plummer: Thank you.
Mayor Ferre: Tell them to increase your taxes.
79. RATIFY, APPROVE AND CONFIRM: 4 INVESTMENT ADVISORY AGREEMENNTS
CITY OF MIAMI EMPLOYEES RETIREMENT SYSTEM.
Mayor Ferre: City Employees Reitrement System. Is there a motion on 32?
Moved by Miller Dawkins. Is there a second? Do you have a problem?
Mr. Plummer: Does this come with the recommendation of the Board?
Mr. Gary: Yes, it is their recommendation.
Mayor Ferre: Alright, call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved
its adoption:
RESOLUTION NO. 82-149
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING 4 ATTACHED IN-
VESTMENT ADVISORY AGREEMENTS BETWEEN THE BOARD OF TRUSTEES OF
THE MIAMI CITY EMPLOYEE' RETIREMENT SYSTEM AND 4 DESIGNATED IN-
VESTMENT MANAGERS THEREBY PROVIDING INVESTMENT MANAGEMENT SER-
VICES TO SAID SYSTEM, USING MONIES THEREFOR PREVIOUSLY APPRO-
PRIATED FOR THE OPERATION OF SAID SYSTEM.
(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:
APES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor Joe Carollo
30. FORMALIZATION: ALLOCATE $2,500 TO COMMITTEE FOR CULTURAL
DECLAMATION AND ORATORICAL CONTEST.
Mayor Ferre: Item No. 77 is moved by Perez, second by Dawkins. Further
discussion? Call the roll. This is for Booker T. Washington Junior High.
The following resolution was introduced by Commissioner Perez, who moved
its adoption:
RESOLUTION NO. 82-150
A RESOLUTION ALLOCATING THE SUM OF $2,500 TO THE COMMITTEE
FOR CULTURAL DECLAMATION AND ORATORICAL CONTEST TO BE USED
FOR PRESENTING AWARDS TO THE WINNING STUDENTS AT BOOKER T.
WASHINGTON JUNIOR HIGH SCHOOL, WITH FUNDS THEREFOR ALLOCATED
FROM SPECIAL PROGRAMS AND ACCOUNTS - CONTINGENT FUND.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote: 159 -
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
81. APPOINTMENT TO OVERTOWN ADVISORY BOARD: MR. HUNT.
Mayor Ferre: We are on Item No. 60 which is the Overtown Community Develop-
ment Advisory Board, appointment of 1 individual as a member. Who is the per-
son they are appointing?
Mr. Gary: They recommended Mr. Hunt.
Mayor Ferre: Do they recommend their own people'.
a Mr. Gary: Yes.
Mayor Ferre: Plummer moves Mr. Hunt. Demetrio Perez seconds their recommendation. -
Further discussion on Item No. 60. Is that alright with you Miller? Miller Daw-
kins is also present, so call the roll.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-151
A RESOLUTION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE
OVERTOWN COMLKUNITY DEVELOPMENT ADVISORY BOARD, IN ACCORDANCE WITH
THE CITIZEN PARTICIPATION PLAN FOR THE COM-NITY DEVELOPMENT BLOCK
GRANT. PROGRAM.
_ (Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissioner Perez, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice -Mayor Joe Carollo
32. AMEND RESOLUTION 81-1034 - REDUCING DADE COLINTY SCHOOLS AFTER
SCHOOL CARE PROGRAM.
Mayor Ferre: Item No. 24, Mr. Manager.
Mr. Gary: That is what you just agreed to.
Mayor Ferre: We just did it.
Mr. Gary: You didn't vote.
Mayor Ferre: You need a motion?
Mr. Gary: With a resolution. 160
F E B 9 1982
0 6
Mayor Ferre: Alright, Plummer moves, Perez seconds. Further discussion? Call
the roll on 24.
The following resolution was introduced by Commissioner Plummer, who moved
its adoption:
RESOLUTION NO. 82-152
A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NO. 81-1034
ADOPTED DECEMBER 10, 1981, WHICH ALLOCATED FEDERAL REVENUE
SHARING FUNDS FOR APPROVED SOCIAL SERVICE AGENCIES FOR THE
BALANCE OF FISCAL YEAR 1981-82, BY PROVIDING THAT THE AMOUNT
ALLOCATED THEREIN TO DADE COUNTY SCHOOLS -AFTER SCHOOL CARE
PROGRAM BE REDUCED FROM $144,014 TO $96,010 AND DADE COUNTY
SCHOOLS -COMMUNITY SCHOOLS PROGRAM FROM $48,749 TO $32,499
AND BY ALLOCATING THEREIN THE SUM OF $64,254 TO RESCINDED
FUNDS BALANCE; FURTHER REDUCING THE CONTRACT PERIOD FOR
BOTH THE DADE COUNTY SCHOOLS AFTER SCHOOLS PROGRAM AND COM-
MUNITY SCHOOL PROGRAMS TO OCTOBER 1, 1981 THROUGH JUNE 30,
1982.
(Here follows body of resolution, omitted here and on file
in the Office of the City Clerk).
Upon being seconded by Commissionnr 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.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Vice Mayor Joe Carollo.
83. DISCUSSIOD ITEM: POLICC SECUP.ITY AROU11D CITY TALL WKEN
TKE CITY COMMISS1014 IS IN SESSI01;.
Commissioner Plummer: Mr. Gary, I want to tell you something. I have sat
at my last meeting, sir, that after dark and there are not policemen out
there in the yard for the safety, not of the cars - I am not concerned about
a car, a window can be replaced - but I am going to tell you something, I am
not going to sit in this Chamber and allow woman and other people to walk
out of these chambers with obvious problem existing. Now, you take that for
what it is worth.
Mayor Ferre: Do you have anything that you want us to take up? Alright, now
look, we are now down to 3 members and I assume that there is nothing here of
an emergency nature. Now Mr. Manag er, all these appointments and all these
things that have been hanging on for time and time and you have the Inter -
American Chamber of Commerce who has been waiting here all day for this issue.
Now we have to take that one up, but otherwise, the other things would you put
them on the agenda for the 25th of February?
161
F E B 1 11982
C
Mr. Gary: Yes Mr. Mayor. You have taken care of most of the critical items.
Mayor Ferre: Everything else put on the 25th, not March Ilth.
Mr. Gary: 25th?
Mayor Ferre:Yes, sir, we've got to finish this Agenda.
Mr. Knox: Mr. Mayor, Commissioner Plummer moves the waiver of the Deed
Restriction of the Monty Triner property.
Mayor Ferre: Where did Plummer go?, well, you don't want to do it that way. I don't
think. Plummer? We do not have a quorum, so I think we stand adjourned. Is there
anything else that needs to come up before this Commission? Now, this item with
the Latin American Caribbean municipalities, Mr. Manager we do not have a quorum
here, but I don't understand what all of a sudden this issue is about, the State and
the County and all that. Mr. Reid, was that part of the original motion, or
something that you have come up with?
Mr. Reid: The motion was that the city provide $50,000. The budget that I have
seen calls for State and County participation.
Mayor Ferre: Yes, but you say that we.-." in summary have recommended
that the City of Miami funds the obligation only after receiving written
assurance from Metro and the State that they are ready to participate with
us in this venture".
Mr. Reid: Well the funds are available when held in reserve as soon as the
assurances are from the other participating groups.
Mayor Ferre: That wasn't part of the original motion, was it?
Mr. Gary: Well, Mr. Mayor, it wasn't but obviously it takes the; $150,000
to do the project and they haven't gotten other commitments and we give
them $50,000.
Mayor Ferre: Oh, I think they have to understand that.
Mr. Gary: Okay, and what we are saying is, we will gladly give them the
$50.000, but we want them to give us some sritten assurance they have the
other monies before we release our moneti.
Mayor Ferre: Well, that is just good business, but I don't think you have
to make it conditional unless somebody here wants to make a motion to that
_ effect to change the original motion, because that wasn't the sense - the
motion was not made in the way that you say here.
COMMENTS BY COMMISSIONER PEREZ MADE AWAY FROM MICROHPONE.
Mr. Gary: No, it doesn't have to come to the City Commission. We didn't
bring it to the City Commission. I guess what we were saying....
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Gary: Exactly.
Mayor Ferre: I just want to make sure that these people who are dedicated
citizens of this community trying to do something of benefit for this community
are properly supported and backed and that is the sense of this Commission. We
have approved $50,000, and I expect for this Administration to bend over back-
wards helping this people put on this program. Tnis is going to have tremendous
repercussions in th- Caribbean and the Latin American areas and I want to tell
you, if we get 3 front-page stories in newspapers that have circulation greater
than the Miami Herald, like some of those newspapers do in Latin America - if we
get 3 fron-page stories of their mayors or their councilmen coming up here for
a municipal meeting in Miami and we end up getting 2,000 of a 1,000 more tourists
out of that country, each spending $1,000 the way these Venezuelans do, it is
well worth the expenditure of these funds, but it has to be a success. We cannot
have something that will not succeed. So, I want, Mr. Gary, the assurances from
you and Mr. Reid that you will do everything within your power to move this
program ahead. Alright now, Mr. Cruz, is there anything else we can add to
this?
162 F E B 11 1982
COMMENTS BY COMMISSIONER PEREZ MADE AWAY FROM MICROPHONE.
Mayor Ferre: They need some technical help is what he is saying I'll tell you,
what I don't want is to be playing games and lead people on to something that is no
going to happen and then end up getting the blame for it - do you read me?
Mr. Gary: I read you. We wll help them and we will assist them in trying to
make this a success.
Mayor Ferre: Anything else you want to add? All right, this Commission
formally stands adjourned.
ADJOURMENT
There being no further business to come before the City Commission,
on motion duly made and seconded, the meeting was adjourned at 9:15 P.M.
MAURICE A. FERRE
Mayor
ATTEST: RALPH G. ONGIE
City Clerk
NATTY HIRAI
111
Assistanti.r os 1 r II
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163 FES 111982
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1 �3 MMETING DATE:
iNC011d 9d
FEBRUARY 11, 1982
COMMISSION RETRIEVAL
ITEM NOv DOCUMENT IDENTIFICATION ACTION CODE NO.
1 OPEN, RECEIVE BIDS FOR $10,400,000 PARKING REVENUE R_82-87 82-87
BONDS AND APPROVE OFFICIAL STATEMENT FOR THE BONDS R-82-88 82-88
2 AWARD BID: $10,400,000 PARKING REVENUE BONDS. R-82-91 82-91
(WILLIAM R. HOUGH CO.)
3 APPROVE LEASE AS AMENDED: MIAMI OUTBOARD CLUB.
R-82-94 82-94
4 APPROVE LEASE AS AMENDED: MIAMI YACHT CLUB.
R-82-95 82-95
5 URGE OTHER GOVERNMENT ENTITIES TO ADOPT SIMILAR
LEGISLATION PROHIBITING THE SALE OF "KTW" R-82_99 82-99
BULLETS.
6 ADVERTISE FOR BIDS: PLACEMENT OF STATUE OF SIMON R-82-104 82-104
BOLIVAR NEAR TORCH OF FRIENDSHIP-BAYFRONT PARK/
7 AUTHORIZE COLLECTIVE BARGAINING AGREEMENT:
INTERNATIONAL ASSOCIATION OF FIREFIGHTHERS R_82_106 82-106
AFL-CIO LOCAL 587
8 CONFIRM ELECTION OF RAY PENLAND AND A.G. SHERMAN R-82-107 82-107
AS MEMBERS OF THE CIVIL SERVICE BOARD.
9 CONFIRM ELECTION OF CONNOR I. ADAMS AND WILLIAM
J. RABUN TO THE RETIREMENT BOARD OF THE MIAMI CITY R_82-108 82-108
GENERAL EMPLOYEES RETIREMENT PLAN.
10 APPOINTMENTS TO THE CODE ENFORCEMENT BOARD.
R-82-109 82-109
11 AWARD 'BID: DOWNT014N GOVERNMENT CENTER PARKING R-82-110 82-110
FACILITY - 270 N.W. 2ND STREET.
12 APPOINT VOTING DELEGATE TO FLORIDA LEAGUE OF CITIES R_82_111 82-111
(COMMISSIONER JOE CAROLLO)
13 AMEND GARMENT CENTER/PROJECT-TRANSFER COMMUNITY
DEV. FUNDS LAND ACQUISITION AND REDEVELOPMENT OF R-82-115 82-115
PHASE II.
14 AMEND GARMENT CENTER/FASHION DISTRICT REDEVELOPMENT R-82-116 82-116
LAND ACQUISITION PLAN.
15 ALLOCATE FUNDS NTE $40,000 INCREASE CONTRACT E.H. R_82_117 82-117
FRIEND AND CO. PENSION MATTERS.
16 EXECUTE AGREEMENT: LESTER ALAN FETTIG-PROFESSIONAL R_82-118 82-118
SERVICES IN BIDDING PROCEDURES AND PROCUREMENT.
17 AUTHORIZE AGREEMENT: METROPOLITAN DADE COUNTY CITY R_82-119 82-119
PROVIDING CONTYWIDE CONVENTION SERVICES.
18 ACCEPT BID: 12 ELECTRIC GOLF CARTS
R-82-120 82-120
1 ��
DOCU MENT•fN DEX�
CONTI NU ED PAGE # 2
1
I,
ITEM NO. DOCUMENT IDENTIFICATION
i;
i.
19 ACCEPT BIDS: 1500 SMALL TREES
20 ACCEPT BID: PORTABLE BLEACHERS
21 RATIFY ACTION OF CITY MANAGER IN EMERGENCY PURCHASE
OF PORTABLE BLEACHERS (TO REPLACE BLEACHERS STOLEN)/
i 22 ACCEPT BID: ONE GOLF COURSE MOWER.
23 ACCEPT BID: HORIZONTAL PROCESS CAMERA
24 ACCEPT BID: POLICE CAR EQUIPMENT.
25 ACCEPT BID: THREE FIRE RESCUE TELEMETRY RADIOS.
26 ACCEPT BID: 40 STACK TIP PLAYPIPES (NOZZLES)
i
27 ACCEPT BID: COMPUTER TERMINAL MAINTENANCE AND
REPLACEMENT.
28 ACCEPT BID: COMBINING/ISOLATING/FILTERING DEVICES
FOR THE CITY'S RADIO SYSTEM.
29 GRANT EASEMENT ALONG SOUTH BAYSHORE DRIVE AND PAN
AMERICAN DRIVE TO SOUTHERN BELL TELEPHONE COMPANY
Ii
1 30 GRANT QUIT CLAIM DEED TO DADE COUNTY IMPROVEMENT
PURPOSES ALONG 46TH STREET.
i 31 AUTHORIZE PROPER OFFICIALS OF THE CITY TO ACCEPT
TWENTY TWO WARRANTY DEEDS
1
32 ACCEPT COVENANT FROM METRO FOR COUNTY OWNED UTILITIES
TO BE INSTALLED AND MAINTAINED WITHIN DOWNTOWN
GOVERNMENT CENTER.
33 RESCINDING RESOLUTION 82-45(INCORRECT LANGUAGE)
CONCERNING BID ACCEPTANCE FOR AFRICAN SQUARE
RECREATION BUILDING MODIFICATIONS.
34 ACCEPT BID: AFRICAN SQUARE RECREATION BUILDING
MODIFICATIONS.
35 ACCEPT BID: MIAMI RIVERWALK AND CITY OF MIAMI/
UNIVERSITY OF MIAMI JAMES KNIGHT CENTER
(LANDSCAPINT).
36 ACCEPT BID: LATIN QUARTER PAVING PROJECT PHASE II.
37 ACCEPT COMPLETED WORK. DPM CORPORATION FOR SOUTHERN
DRAINAGE PROJECT E-51
38 ACCEPT COMPLETED WORK -MET CONSTRUCTION,INC. FOR
HOSE TOWER FIRE STATION NO. 12.
39 ACCEPT COMPLETED WORK.SANMAR GENERAL CONTRACTORS
INC. ON FIRE STATION NO. 4 BID "B"
(SECOND BIDDING).
40 ACCEPT COMPLETED WORK. WILLIAMS PAVING CO.INC.
FOR RIVERVIEW STORM SEWER PROJECT.PHASE II.
R-82-121
R-82-122
R-82-123
R-82-124
R-82-125
R-82-126
R-82-127
R-82-128
R-82-129
R-82-130
R-82-131
R-82-132
R-82-133
R-82-134
R-82-135
R-82-136
R-82-137
R-82-138
R-82-139
R-82-140
R-82-141
R-82-142
Z2
IDOCUMENT,fNDEX
CONTINUED PAGE',
I
ii
t iT04 NO. DOCUMENT IDENTIFICATION
41 ACCEPT COMPLETED WORK.PNM CORPORATION FOR BUENA
VISTA COMMUNITY DEVELOPMENT PAVING PROJECT.
PHASE V (BID B. DRAIGE).
42 DEFER CONSIDERATION OF RIGHTS AND PERMITS TO METRO
FOR RAPID TRANSIT SYSTEM PENDING APPEARANCE TO ANSWER
QUESTIONS.
i 43 ISSUE PERMIT AND EXECUTE EASEMENTS TO MIAMI DADE
WATER AND SEWER AUTHORITY (VIRGINIA KEY TO SERVE FISH
ISLAND).
44 PERSONAL APPEARANCE: HAITIAN REFUGEE CENTER, INC.
REGARDING CONDITIONS AT KROME AND URGE RELEASE
OF PERSONS DETAINED THEREIN.
45 RATIFY, APPROVE AND CONFIRM: FOURT INVESTMENT
ADVISORY AGREEMENTS CITY OF MIAMI EMPLOYEES
RETIREMENT SYSTEM.
46 FORMALIZATION: ALLOCATE $2,500 TO COMMITTEE FOR
CULTURAL DECLAMATION AND ORATORICAL CONTEST.
47 APPOINTMENT TO OVERTOWN ADVISORY BOARD: MR. HUNT.
48 AMEND RESOLUTION 81-1034 REDUCING DADE COUNTY SCHOOLS
AFTER SCHOOL CARE PROGRAM.
R-82-143
R-82-144
R-82-145
R-82-148
R-82-149
R-82-150
R-82-151
R-82-152
82-143
82-144
82-145
82-148
82-149
82-150
82-151
82-152