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Home My WebLink AboutCC 1981-09-24 Minutes77-777 Rl.. `. imp Y 0 N, M u. Lffle— LP 1 Y r�� 1 srs i i i x N 4, sty t •.-- Y� t � +ay f } I a .df � '+i. � n h S� �� kr'�'ah,� w,Y I u i 1 am September 24, 1981 OF NEETINS MD Of 3� (REGULAR - R & Z ) WFIM WE yOLUK ' CITI • PALM G, MGIE CITY CLERK ��11 ��(REGULAR) ( SF.PTPMBER 24, 1981) 1TEA1 Iyu. P & Z 1 2 2.1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AMEND 6871-ART.XXI.-3--SPD-I-CENTRAL ISLAND DISTRICT 1 DISCUSSED AND DEFERRED TO OCT. 22 PENDING MEETING TO RESOLVE PROBLFMS LATIN BUILDERS' ASSOCIATION QUESTIONS PROPOSED MERGER OF THE BUILDING DEPARTMENT AND THE FIRE DEPARTMENT. (DISCUSSION MOMENTARILY DEFERRED). BRIEF DISCUSSION AND DEFERRED OF BASE BUILDING LINE INVOLVING CORNELIA STREET DISCUSSION ITEM: STATUS OF DEPARTMENT OF BUILDING AND ZONING INSPECTION (SEE LATER SAME MEETING). APPLICATION FOR CHANGE OF ZONING-FLORIDA AVENUE/ RAINBOW PLAZA ESTABLISH MORATORIUM IN ZONING APPLICATION IN DESIGNATED AREA POSSIBLE FUTURE ORDINANCE TO REGULATE APPLICATIONS SECOND READING ORDINANCE: CHANGE ZONING 1300-1318 S.W. 12TH AVENUE FROM R-1 TO GU FOR CUBAN MUSEUM SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION-2801 S.I7. 27th AVENUE FROM R-CC TO C-2 SECOND READING ORDINANCE: CHANGE ZONING BLOCK BOUNDED BY N.W. 6TH AVENUE, 6 CT. N.W. 58 & 60 STREETS, TENTATIVE PLAT "SIMPSON ADDITION" FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION S.E. CORNER OF N.W. 21 AVENUE AND 20 ST. FROM R-3 TO C- 4 DISCUSSION AND DEFERRAL: REQUEST FOR CHANGE OF ZONING CLASSIFICATION 154-200 S.W. 17 AVENUE FIRST READING ORDINANCE: AMEND ORD. 6871 ART III ZONING DISTRICTS BY ADDING R-T RESIDENTIAL TRANSIT DISTRICT. FIRST READING ORDINA':NCE: AMEND ORDINANCE 6871. ART. X-2 RESIDENTIAL TRANSIT R-T DISTRICT. DISCUSSION AND DEFERRAL: APPLY NEW R-T RESIDENTIAL TRANSIT DISTRICT TO AREA BOUNDED BY N.V1. 7 AVENUE TO lOth AVENUE AND NORTH WEST ELEVEN TO FOURTEEN STREETS (SEE LABEL 18-SAME MEETING) FIRST READING ORDINANCE: AMEND ORDINANCE 6871 BY ADDING INCINERATORS ON HOSPITALS AS A PRINCIPAL USE ART. IV. SEC. 36 AND ART. hXII. SECTION 10(5). DISCUSSION AND DEFERRAL: CIWf G E ZONING AREA BOUNDED BY N.W. 8TH THRU LOTH AVENUES FROM 17 STREET TO WEST FUNBAR SCHOOL AND APPLICATION BY JACKSON HOSPITAL FOR CONSTRUCTION PER11IT ETC. DISCUSSION AItD DEFERRAL: RECREATIONAL FACILITIES AT MARGARET PACT: I'Al<E . PLAQUES, RICOCLAU,:ATIONS Ai�D SPECIAL ITEKS p�I RANCE 0R R sowTiay No, PAGE NO, DISCUSSION 1-7 DISCUSSION 7 DISCUSSION 7-9 DISCUSSION 1 9-;7 M-81-786 M-81-787 ORD. 9314 ORD. 9315 ORD. 9316 FIRST READING DISCUSSION FIRST READING FIRST READING DISCUSSION FIRST READING M-81-788 M-81-789 DISCUSSION 17-23 24-25 26 27 1 28-29 30- 31 1 32-33 34 34-39 1 40--46 fflmv 53-54 54 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATIOI 760 N.W. 4 STREET FROM R-4 TO C--4. FIRST READING ORDINANCE: APPLY NEW R-T RESIDENTIAL TRANSIT DISTRICT TO AREA BOUNDED BY N.W. SEVENTH AVE. TO 10 AVENUE AND NORTIENTEST 11 TO 14 STREETS. SECOND READING ORDINANCE: ESTABLISH HERITAGE CONSERVATION INTERIM ZONING DISTRICT. SECOND READING ORDINANCE: APPLY OF PROPOSED HERITAGE CONSERVATION DISTRICT TO PROPERTIES LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACE'S. DEFERRAL OF CONSIDERATION: VACATION AND CLOSURE OF N.E. 31 STREET. APPROVE CONSTRUCTION AND OPERATION OF A MUNICIPAL USE BROADCASTING TOWER AT FIRE STATION #12. REVIEW OF CONDITIONAL USE PERMIT DRIVE-IN TELLER FACILITY 1900 BISCAYNE BOULEVARD. FIRST READING ORDINANCE: CHANGE ZONING OF AREA BOUNDED BY N. BAYSHORE DRIVE, N.E. 17 TERRACE, N.E. 2ND AVENUE, N.E. 16 STREET, N.E. 1 COURT, N.E. 15 STREET, N.E. 1 AVENUE, N.E. 14 STREET, N.E. 2 AVENUE AND I-395 FROM: C-1, C-# AND C-4 TO CBD 2. CHANGE ZONING CLASSIFICATION OF AREA BOUNDED BY W. FLAGLER STREET TO I-95, S.W. 1ST STREET AND S.W. 1ST AVENUE FROM R-4, C-2 AND C-4 TO CBD-2 DEFER CONSIDERATION OF APPEAL REGARDING FENCE HEIGHT AND REQUESTING CONTRACTOR RESPONSIBLE TO APPEAR BEFORE COMMISSION DEFERRAL OF CONSIDERATION: APPEAL BY HENRY AMOON OF ZONING BOARD DENIAL TO PERMIT ESTABLISHMENT OF LIQUOR SALES AT 5249 S.W. 8TH STREET. GRANT EXTENSION OF VARIANCE FOR F.A.R. AND PARKING LOT AT 1005 S.E. BAYSHORE DRIVE. GRANT EXTENSION FOR CONDITIONAL USE FOR OPEN PARKING LOT AT 3024 NEW YORK STREET (SIERRA NAUTICO). DISCUSSION AND DEFERRAL: REQUEST FOR ONE YEAR EXTENSION FOR VARIANCE FOR F.A.R. AND PARKING 3030 N.E. 4TH AVENUE. DISCUSSION AND DEFERRAL: APPLICATION FOR ONE YEAR EXTENSION CONDITIONAL USE (PUN) AT 3046 INDIA27A STREET. ACCEPT PLAT: TOWN PART: SUBDIVISION NO. 7 ACCEPT PLAT: MIAMI CONVENTION CENTER AMENDED ACCEPT PLAT: DAGHER VILLAGE PAGE 4 1 (pP�I NANCE KESOUM aNlO. PAGE NO, FIRST READING 1 55 FIRST READING 1 56 ORD. 9317 ORD. 9318 DISCUSSION R-81-790 R-81-791 FIRST READING FIRST READING M-81-792 DISCUSSION R-81-793 R-81-794 DISCUSSION M-81-795 R-81-796 R-81-797 R-81-798 57-58 59 60-62 63-67 67-69 69-79 1 79-80 81-86 87-89 90-91 91-92 93 93-95 96-99 99-100 100 8 Its]( CIlYIWSS10PJ OF MIAMI, FLDRI114 I (REGULAR P & Z) SEPTEMBER 24, 1981 rsoLLJTIOIN IWCE 0 IPA,P� " NO, � I O, , 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 PROPOSED NEW COMPREHENSIVE 'ZONING ORDINANCE: PUBLIC HEARINGS: DECEMBER 1ST AND 15TH, 1981 DISCUSSION OF EDWARD FRIENDS ACTUARIAL REPORT FOR CITY CONTRIBUTION TO PENSION FUNDS FOR FY 81-82 AUTTORIZE AGREEMENT WITH CUBAN MUSEUM OF ARTS & CULTURE, INC. LEASE OF PROPERTY FORMERLY KNOWN AS FIRE STATION i40. 15. DISCUSSION OF ADMINISTRATION OF PARK WEST: ENDORSE PLAN AS SUBMITTED BY THE CITY MANAGER GRANT REQUEST N.T.E. $25,000 FOR ORANGE BOWL CLASSIC FESTIVAL PARADE. AUTHORIZE AGREEMENT: FLORIDA A & M UNIVERSITY FOR USE OF ORANGE BOWL STADIUM AUTHORIZE NEGOTIATION OF CONTRACT: FACILITY MANAGEMENT, INC. FOR CONVENTION CENTER PERSONAL APPEARANCES: PROPOSED PLAN FOR ELECTRIC CHARGES FOR USERS AT CITY 014NED MARINAS REQUEST MANAGER TO EXAMINE PROPOSALS. FIRST AND SECOND READING ORDINANCE: LAND APPRAISALS FOR THE CORE AREA PARK WEST PARKING FACILITY. APPROVE IN PRINCIPLE: INTERIM PARKING PLAN 1981-1985 CENTRAL MIAMI FLORIDA. EXECUTE AGREEMENT-RUSSELL, MARTINEZ AND HOLT ARCHITECTS, INC. CONCEPTUAL DESIGN OF MIAMI DESIGN PLAZA. GRANT REQUEST "PRO ARTE GRATELLI: FUNDING N.T.E. $1,600.00 STAGING OF SPANISH VERSION OF TAMING OF THE SHREW. AUTHORIZE SALE OF FIVE SURPLUS GARBAGE TRUCKS TO CITY OF SAN SALVADOR, EL SALVADOR. GRANT REQUEST OF JOSE MENDEZ FOR WAIVER OF USERS FEE AT MIAMI MARINE STADIUM -BASEBALL TOURNAMENT. ESTABLISH POLICY IN CONCURRENCE WITH THE CITY MANAGER REGARDING EDUCATIONAL STANDARDS AND EXPERIENCE FOR TH DIRECTOR OF THE DEPARTMENT OF BUILDING AND ZONING INSPECTION PUBLIC HEARING: FY 31-82 BUDGET AND MILLAGE: (A) RECYCLE USED NEWSPAPERS (B) APPROVE BUDGET WITH REDUCTIONS (C) SECOND READING: MILLAGE ORDINANCE $947 (D) SECOND READING: APPROPRIATIONS ORDINANCE (E) ALLOCATE $150,000 F.R.S. FUNDS TO PREVIOUSLY APPROVE SOCIAL SERVICE AGENCIES. M-81-799 DISCUSSION R-81-800 M-81-801 M-81-802 R-81-803 R-81-804 M-81-805 ORD. 9319 R-81-806 R-81-807 M-81-808 R-81-809 M-81-810 M-81-811 M-81-812 M-81-813 M-81-814 M-81-815 ORD. 9320 ORD. 9321 R-81-816 101-10: 104-107 108-109 109-110 111-112 112-113 113-117 118-127 128-129 130-135 1 135 135-139 139-140 140-14 3 1 143-161 1 161- 196 it a 0 • MR.! 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 6.6" 67 68 69 70 (REGULAR P & Z) SEECT (SEPTEMBER 24, 1981) STIPULATE NEWSPAPERS FOR NOTICE OF DELINQUENT SPECIAL ASSESSMENT LIENS. REQUEST LEGAL OPINION ON PLACEMENT OF VENDING MACHINES ON PUBLIC STREETS, ON CITY PROPERTY, ETC. DISCUSSION ITEM: STATUS OF N.F.D.A. FUNDING (MLa,Ml OFFICE) . AFFIRMATIVE. ACTION BOARD: REQUIRE MEMBERS TO LIVE IN THE LIMITS OF THE CITY OF MIAMI HIRING FREEZE EXEMPTIONS. EMERGENCY ORDINANCE: FIXED ASSET SYSTEM FOR THE FINANCE DEPARTMENT. EMERGENCY ORDINANCE: SEVERANCE PAY ACCOUNT DUE TO RECENT LAYOFFS AND EXCESSIVE TURNOVER IN THE POLICE DEPARTMENT. GRANT REQUEST OF PACE FOR CONCERT TO BE HELD AT MARINE STADIUM. SECOND READING ORDINANCE: REVISE FEES CHARGES FOR THE CHILD DAY CARE PROGRAM SECOND READING ORDINANCE: NEW TRUST AND AGENCY FUND "SYNERGETICS". FIRST AND SECOND READING ORDINANCE: NEW TRUST AND AGENCY FUND "PARTNERS FOR YOUTH". FIRST AND SECOND READING ORDINANCE: PAYMENT FOR TWO APPRAISALS MIAMI SPRINGS GOLF COURSE PROPERTY. FIRST AND SECOND READING ORDINANCE: AMEND SECTION 53-131 OF THE CODE -CITY TAX UPON ADMISSIONS TO THE ORANGE BOWL, STADIUM. FIRST AND SECOND READING ORDINANCE:.FEES FOR OPENING AND CLOSING GRAVES AT THE CITY OWNED CEMENTERY . ALLOCATE $30,000 FOR FUNDING OF PARTNERS FOR YOUTH PROGRAM APPOINT TWO INDIVIDUALS TO "ARTS IN PUBLIC PLACES COMMITTEE". DISCUSSION AND DEFERRAL: MEMBERS OF CODE ENFORCEMENT BOARD. APPOINT INDIVIDUALS TO OVERTOk'N COMMUNITY DEVELOP- MENT ADVISORY BOARD APPOIN?T .JACIN'TO ALBERTO ALFONSO AS A REGULAR MEMBER OF THE MIAMI ZONlNG BOARD DISCUSSION AND DEFERRAL:APPOINTMENT TO AFFIRMATIVE ACTION ADVISORY BOARD pRDI FIANCE FTs liffI �v�i! o, PACE N M-81-817 DISCUSSION DISCUSSION M-81-818 M-81-819 ORD. 9 322 ORD. 9323 M-81-820 ORD. 9324 ORD. 9325 ORD. 9326 ORD. 9 32 7 ORD. 9329 R-81-821 R-81-822 DISCUSSION R-81-823 R-81-824 DISCUSSION 197- 200 200 201 202 203 204 205 206 206 207 208 209 210 211 211 212 212 213 213 Ill 73 74 75 76 77 78 79 80 81 82 83 84 85 86 Mo A'%� iff ffi REGULAR P & Z StW �(I I SEPTEMBER 24, 1981 APPOINT ROBERT MACK TO SERVE AS A MEMBER OF THE AFFIRMATIVE ACTION ADVISORY BOARD UNTIL DECEMBER 8, 1.981. STIUPLATING THAT ONLY EXCEPTION TO RESIDENCY REQUIREMENT FOR MEMBERS OF THE AFFIRMATIVE ACTION ADVISORY BOARD SHALL BE THOSE PERSONS APPOINTED BY DIFFERENT EMPLOYEE GROUPS. ADDITIONAL APPOINTMENT TO OVERTOWN COMMUNITY DEVELOPMENT ADVISORY BOARD. STRONGLY SUPPORTING RELOCATION OF PLANNED DOWNTOWN PEOPLE MOVER BISCAYNE BOULEVARD STATION TO THE EAST EDGE OF THE BOULEVARD ACCEPT PROPORAL: IMPLEMENTATION OF FIXED ASSET AND DEPRECIATION SYSTEM FOR THE FINANCE DEPARTMENT. APPROVE MOST QUALIFIED CONSULTING TEAMS TO PROVIDE PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING SERVICES: BAYFRONT PARK REDEVELOPMENT PROJECT. AUTHORIZE CONTRACT: PROFESSIONAL ACCOUNTING - INDEPENDENT AUDIT "TRADE FAIR OF THE AMERICAS 1981" AUTHORIZE CONTRACT: QUALIFIED CONSULTANT TO EVALUATE CITY ROLE IN TRADE FAIRS AND RECOMMEND COURSE OF ACTION STRONGLY OPPOSING METROS REQUEST OF F.P. AND L. TO REDUCE 50% OF STREET LIGHTING ALONG MAIN ARTERIAL WiTHING THE CITY AUTHORIZE AMENDMENT TO AGREEMENT: MEDIA DEPARTMENT II INC. EXCLUSIVE ADVERTISING AGENCY FOR TRADE AND COMMERCE DEVELOPMENT. DISCUSSION AND DEFERRAL:PROPOSED AGREEMENT TO RESOLVE TECHNICAL PROBLEMS WITH CITY POLICE AND FIRE RADIO SYSTI7MS INCLUDING PROBLEMS WITH MOBILE DIGITAL UNITS. AUTHORIZE EXPENDITURE OF MONEY FOR HIRING OF 30 ADDITIONAL PUBLIC SERVICE AIDES FOR DEPARTMENT OF POLICE. ONE YEAR EXTENSION OF EMPLOYMENT:VIRG?NIA LIEBERMAN. DENIAL OF CITY HALI. FINANCE OFFICE RENOVATIONS DENIAL OF ACCEPTANCE OF BID FOR FUI.NlTURE FOR FINANCE DEPARTMENT FORMALIZATION: EXTEND CURRENT LEVEL FUNDING THRU OCTOBER 7, 1981 ALLAPATTAH DEVELOPMENT AUTHORITY INC. p�I WCE OR REsoum aN No, I PAR NO R-81-825 213 M-81-826 215 DISCUSSION 215 (SEE RES. 81-823) R-81-827 216 R-81-828 216 R-81-829 217 R-81-830 218 R-81-831 218 M-81-832 219 R-81-833 1 219 DISCUSSION R-81-834 R-81-835 M-81-836 M-81-837 R-81-838 1 220-222 222 223 223 225 226-227 2 e ITEM N0, 87 88 89 90 III( CITYIgI�gI� Mi1`'1F1I1 REGULAR-P & Z ECT SEPTEMBER 24, 1981 ALLOCATE $25,000.00-SECOND INTERAMERICAN SUGAR CANE SEMINAR--OCTOBER 6-8, 1981. FORMALIZATION:DEVELOPME-NT ORDER FOR MIAMI CENTER II COMPLY WITH REQUEST OF DR. ORLANDO MONTENEGRO-MEDRANO CENTRO NICARAGUENSE COMAIUNITARIO MEETING AT WHITE HOUSE REGARDING POLITICAL REFUGEES. PERSONAL APPEARANCE: MR. HORNcECK, DADE COUNTY CONSUME ADVOCATE. PAGE # 6 R-81-839 I R-81-840 M-81-841 DISCUSSION MINUTES OF REGULAR MEETING OF THE • CITY COMMISSION OF MIAMI, FLORIDA +. i is :: ii is On the 24th day of September, 1981, the City Commission of Miami, Florida met at its regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regu- lar session. The meeting was called to order at 9:12 O'Clock A.M. by Mayor Maurice A. Ferre with the following members of the Commission found to be present: — Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre ABSENT: Commissioner Joe Carollo ALSO PRESENT: Howard V. Gary, City Manager George F. Knox, City Attorney Matty Hirai, Assistant City Clerk An invocation was delivered by Reverend Gibson who then led those present in a pledge of allegiance to the flag. f, 1. AMEND 6871, ART XXI-3, SPD-1, CENTRAL ISLAND DISTRICT; DISCUSS ) A'-") DEF!;r.RED TO OCT. 22 PEIIDI'lIG Pm.FTI'_tG TO RESOLVE PROBLE*SS . Mayor Ferre: Commissioner Carollo has called to let us know that he cannot be here until about 11 O'Clock. Ladies and gentleman, good morning, we are now in the formal City Commission Session for Planning and Zoning. Item 01 is before us at this time which is an ordinance on Second Reading for the Planning Department's application to amend ordinance No. 6871, Article XXI-3, SPD-1, Central Island District. Would the administration on this Second Reading please present their case? Mr. Assistant City Manager. Mr. Jim Reid: Mr. Whipple will speak on behalf of the Planning Department. Mr. Terry Percy: Mr. Mayor, Mrs. Cooper had brought to our attention this 1 morning she considered failure on the part of the City to comply with the �.....� Zoning Code, that is to have certain documents in the file three days prior to the first put)lic hearing on this item and the item she is referring to is a parking study that was made at the insistence of the Planning Department and she maintained that she: made a request for this inforation, it was notthere at the ti.rne that she made a ?-e;uest althought she wassubsequently pro- vided with it. TheC7llcStlOn }i�-C^r!'!F'S whether shewas pre];1d10E=_d a5 a result of that information not being in the file. We have since determined that references to this study was inade in the fact sheets as presented to this Commission and the lower board, the Planning :advisory Iaoard and Ms. 14aldman wants to raise that issue this morning in }lopes that the Comrnission would.... Mayor Ferre: I will recognize her on the basis of a legal gGest.ion then you're going to have to give us a ruling on it after she has made her state- ment. Yes, sir. Mr. Richard Wnip,ple: Mr. Mayor, there is a reference to studies made by the private sEct.or, the Planning I,�paruit;_ -,t itself did not make an individual study that led to this particular a.mencunent, we inadc pursuant to reviewing etudies and pursuant to our discussing it and analyzing it our- selves Without a written study in support and arrived at this conclusion and recommendation. So I'm not too sure whit studies are being referred to. 01 SEP 2 41981 Mayor Ferre: Go ahead and make your statement to the record. Ms. Janet Cooper: Janet Cooper, 1901 Brickell. Mr. Mayor, I presented to the Assistant City Attorney this morning the three sections of the Code that were violated by the failure to include the study with the application, failure to have the study in the file three days prior to the first hearing and failure to transmit that study to the various departments that it was required to do so. I indicated at the June 25th hearing that I objected, before the City Commission, that I objected to any reference or any substan- tive statements regarding the study since it was not made available to me and I did not have an opportunity to review it and I was severely prejudiced by that. The Commission chose to allow those statements. I was provided with a copy of t.'le study a few days I -fore the July hearing, however, that is not the issue whether one person was provided with the study. The ordin- ance requires, it's in the word Df shall which is mandatory, "It shall be a part of the application file", as of a few moments ago it still was not a part of the file. Each of you Commissioners have not been provided with a copy of the study, any other members of the public who wanted to review it ;could not find it available and I only found it available after repeated requests and I believe that it is sufficient and Mr. Terry (Percy) has .been presented with those arguments and I don't want to speak for him but I believe that it is grounded. Mayor Ferre: Okay, Terry. Mr. Percy: I believe the issue is whether or not the public or Ms. Waldman _ has been prejudiced by the failure of this study to be placed in the files as she suggested. Assuming that her facts are correct, that the item was ® not and is not in the file it squarely becomes an issue of whether or not there is prejudice and she also indicated that prior to the first public hearing she obtained that study and she was able to make lengthy presenta- tation before this Commission. Ms. Cooper: Mr. Percy, that's incorrect, I did not say that. Mayor Ferre: Excuse me, please. Would you conclude your, I still do not have your legal opinion to this Commission. Mr. Percy: Okay, Mr. Mayor, what I'm driving at is I don't believe that based on what Ms. Waldman (Cooper) has represented this morning that she has been prejudiced by this technical deficiency and I think the Commission can proceed. If the Commission is satisfied that the public in general, and what we need to find out is whether or not there were other inquiries as to this study and it was not available to the public at large. rayox Ferre: Well, I think the basic question is was the material available et any time during the presentations and was there reference to it and does she as a member of the public have the right to have that material available before we conclude this matter. I think that is the underlying basic issue. Now let the administration answer and then I'll recognize you, Janet for a last statement. Mr. Whipple: Mr. Mayor, to the best of my knowledge standing here they were no studies done that should be in the file. We reviewed studies as indicated from the private sector and are in our work files at the Planning Department but are not a requirement as to being in the files of the Hearing Office, these are work papers. Ms. Cooper: All right, you said you'd let me answer. The Code, and if you'd like me to quote the sections, it is Article XXX, Section 20), Article XXX, Section 2(4) and Article XXX, Section 5(l), all require that all pertinent information which may be required for proper consideration of the matter and all documents, reports, studies, exhibits or other written or graphic materials if any to be used by the City in response to a zoning amend:rient-which is exactly what Mr. Whipple described -shall be a part of the application filed at least 3 working days prior to the public hearing. So this matter is, was the basis on which a number of the Com- missioners indicated that they were leaking their vote at the last hearing, I did not have tin opportunity to evaluate it and- I'll wait for the rest of the Cotnnission to lay attention. And I was severely prejudiced by rant havirig the information so that I could present it and my evaluation of it, 'Ity criticis111 of it, at a t.ilile when the Conuuission heard it and had a first irnpre5Eion of it Grid has the mind scat. krid I•ir. Percy has indi- cated to pie that Second Readings are usually perfunctory and for that anditional reason; I fi-el prejudiced t;s :ell as a violation of the Code. 02 ,, 4 Mayor Ferre: Well, I'm sure that Mr. Percy could not say that Second Readings of an ordinance is a perfunctory thing because this is a public document and this is a public procedure so I don't understand what the perfunctory nature is but at this..... Ms. Cooper: And I'll point out to you it is still not a part of the file, it is not as of now. Mayor Ferre: Thank you, Ms. Cooper. Now, Mr. Reid: Mr. Reid: Mr. Mayor, in terms of the issue of information available to the public, at the time of the initial public hearing on this item to the best of my recollection, r•^presentatives of the firra of Wilbur.Smith were here, they did make a presentation on the record and did make avail- able to the public the findings of the -Jr study. Mayor Ferre: is that a part of the record, Mr. Reid? Mr. Reid: It's part of the record from the original public hearing. Ms. Cooper: It was not made available to the public and it was not made a part of the file. Mr. Reid: I'm not talking about, Mr. Mayor, I'm talking about the findings of the study not a verbatim copy of the study. Ms. Cooper: It was a written document that's required to be in the file and it's not in the file, it is as simple as that. Mayor Ferre: Look, let's be practical about this. You know that Ms. Cooper is probably going to pursue this in court somehow. Okay? Now, I want to make sure, I am willing to proceed on this, I want to make sure that, Mr. Percy, the Legal Department is ready to defend this and you have made a statement into the record legally and I just want to make double sure because I do not think we serve anybody by proceeding with something that is going to be challenged in court and kept in court for a year or two years or what- ever. So let's make sure now that we have our T's crossed and our is dotted. Now, Mr. Traurig, I assume you're here representing a client that is affected by this and perhaps you aright want to get involved in the legal statements here before we finalize. Mr. Robert H. Traurig: Well, I think that the City should rely upon the comments of its City Attorney. We concur that no prejudice has resulted from the facts that have been stated, we think that this matter has been pending nearly two years before this Commission. It is an ordinance that was init- iated by staff, we merely supported staff in the preparation and presentation — of some study material and we think that this Commission is full advised and 41 that the general public has been fully advised and we would like very much M for the ultimate disposition of this matter. - Mayor Ferre: All right, Mr. Percy, your last statement into the record and -a then we'll proceed. Mr. Percy: Given the fact, Mr. Mayor, that Ms. Waldman had access to the documents that she claimed were not available to her prior to the public _ hearing I would submit that she has not been prejudiced by the absence of i I this information from the file. 1 Mayor Ferre: Further discussion; All right, the Chair rules that we will _ proceed on this matter based on the r.econurnndation of the City Attorney, that it complies with the law. Is there any challenge to that? - Rev. Gibson: I wa11t to risk hSs. h'ald.man. ms. waldrr, nl let me ask you, if ''. we didn't vote this morning what would be accomplished? Ms. Cooper: I believe that the item..... Rev. Gibson: you t.i,ir;}: tilat %aill educate us more than we have been educated, is that what you're telling rote? Ms. Cooper: I believe that the item will be more on its way to defeat. Rev. Gibsonc Now, you didn't answer my question. 03 SE F -2 41981 Mayor Ferre: She says she's stalling for time because at that point it will be eveutnally defeated. s hev. Gibson: Well, if she tells me that that's one thing, I'm not going to read into it. You tell me what you think will be accomplished if we don't take action today. i Ms. Cooper: Vliat T ;relieve 7-,open is that if there is no action today it will be bec,�sse the application is defective and the file is defective an(i not elective today but defective at thee time that the application was made and defective at the time three days prior to the Planning Advisory Board hearing. Therefore, I believe that the application would have to be thrown out completely for being defective and they would have to reapply. I also believe that when they reapply that they will finally come to admit who the true applicant is and the applicant who is the developer will make the application because I don't believe the Planning Department is going to be standing in that position any longer to make these applications for developers and to relieve the process. I believe that it will then have to go back to the Planning Advisory Board and the Zoning Board and the City Com- mission and by that extensive delay it may be defeated. Mayor Ferre: All right, we will now proceed with hearing Item #1. Mr. Whipple, if you would make your presentation, please. Mr. Richard Whipple: Mr. Mayor and members of the Commission, I believe a brief presentation is in order, this item has been before you on numerous c-casions. The objective of the amendments are to make certain adjustments in the requirements and regulations that apply to the SPD-1, Central Island District. And having the opportunity to view some development that has occurred and by looking into the potential developments of a very large size such as Claughton Island which is zoned SPD-1, wo realize that the require- ments for the location of open space were too restrictive and did not pro- vide the meaningful flexibility and design that was one of the intents of the SPD District. So accordingly we have recommended an amendment which set forth a different height at which the open space can occur. I remind you it does not reduce the required open space of the district, it just establishes another elevation at which a certain amount of the open space may occur. That is the first part of the amendment. The second part of the amendment has to do with parking requirements in the SPD District. I'd like to emphasize this is only in the SPD District, it is not all zoning districts in the City. The idea of reducing the off-street parking is because the research that we have done, we have concluded in a large scale development such as Claughton Island and any other similar type developments that might come along that the parking as presently required by the Zoning Ordinance would not be required on this specific application and specific instance. So it is on this basis that we are recommending a reduction in the parking from the number of spaces per unit per bedroom per unit to a requirement of 1.25 spaces per unit. Mayor Ferre: All right, any further statements from the administration of explanation? All right, counselor, we'll start with you and then we'll go to Ms. Cooper. Mr. Traurig: Mr. Mayor, for the record, Robert H. Traurig, 1401 Brickell Avenue. This is in two parts, one part relates to the ground level open space and I don't think anyone has ever questioned whether or not that was a reasonable change in the ordinance, I think that Ms. Cooper herself has acknowledged that the ground level open space provision ought to be changed. Therefore, the only issue that you really have considered is whether or not there should be also some changes in the parking requirements. First of all, we would like to have, for the purpose of this record, all the other records of the hearings involving this ordinance change adopted and become a part of this record because there is an awful lot of colloquy in those hearings that ought to be a part here. Mayor Ferre: Do we need to do that formally? Mr. Traurig: I don't think so, I jus.. wanted to make sure that the record reflected our request. 'There are only two things that I could add to what you've already heard from staff in a very brief way. One is I want to re- assure you that the request does not affect phases I, II or III of this development on Claughton, on Brickell Key. Phases I and II are already under development, phase III has already been totally planned, the only change that could possibly occur would be in subsequent phases and that `Phases I, II and III comprise almost 50� of all the ultimate units on this parcel so, therefore, we're really only talking about a change in late 0 0 t � phases. We have with us the representatives of Wilbur Smith and the represeniscuss with you �- tives of the developer of Brirhi� to t to can d Commission has heard nthis amatter planning aspect of it but we so often that you are as well advised investigation, on, ouris matter eportediscloses ethat �ed to your attention the fact that our g ent area there is so absentee in areas such as the Brickell Avenue developm is less than owne_ship that the number of vehicles would normally occur in a no pmentive(2daWerealhave the proximity Coat downtown, we have the tram service that takes people into downtown, we have the proximity to a large commercial and office building area on Brickell -- Avenue and we have the expectation that there y,ill be both a people Mover Sta- he need tion and a Mass Transit Station n cl for a lot of parking on the z. our island is ximity orelieve t sa uniqueparcelofproperty► 7 could _ if we have made a mistake onapprove Y?Soe�"�hist,aseyouthe didbonafirstf readingthe tand in not suffer. We Urge you to pl v accordance with your staff's recommendation and the PAB recommendation, it has been unanimous throughout. Thank you. Mayor Ferre: All right, Ms. Cooper, it is your turn. Ms. Cooper: Than'. you, Mr. Mayor, this time though, I would like to reiterate my request that you recuse yourself and find out if you're willing to do that. Mayor Ferre: For the reasons previously stated on the record, I feel that I have no direct personal collflict, that I have no financial gain directly or indirectly or personally on this matter. Ms. Cooper: First of all, I would question whether, in fact, it is possible = ld not affect the second and third phases,' to say that this proposed ordinance wou ® the first phase has been built and I agree that it would not affect the first aff phase. But if you change the oithecdeveloper e, I have from havingen YPa�eII,rs oIIItand that there is nothing to preclude all subsequent phases come under the proposed ordinance. Furthermore, the developer's statement to that effect on the record would not be binding on him, we can't do contract dzhainenand Alsocaattthehave Juneconditional 25th hearingchanges before the ing and that is what would PP said, and I'm quoting from Commission in support of that position Mr. Traurig fired 2,398 the transcript, "Those three phases will contain 1,055 of the requ' parking spaces for the island and if this ordinance is passed it will only apply to that other roughly one-half of the island511s Now he was will sayingt per one half of the island because he was saying have that 1,the existing ordinance. I've done subsequent research whatand is=required by thetl in fact, the 1►.055 parking spaces is approximately present ordinance for Phase I for building I only. Mr. Traurig said to you that 2,398 parking spaces will be required utherBevelopmenttOrdernaand•this a matter of fact, what has been approved by which they provided, is 3,075 dwelling units. The current is in the study j rthey 1.75 parking spaces per dwelling unit so I cannot _ Code requires approximately see how he can say that only 2,39E will be required for 3,075 dwelling units. -� And furthermore, his statement that 1,055 of those required spaces are b:lf otally falacious. Now, based on the Wilbur s:aith of what is required is t Study that was presented by his client, Mr. Traurig's client, it is clear to ed from the floor area that 21� of the islaesidential usesnd will be devtincludeonotesionlyntial the uses and 79* to residential uses. The condominiums but also hotel ".,he ordiit nance ad notproproiave anyladditional only 1.25 parking �pd�per quare feet of residential space. The Brickel requirements for up to 300,000 s Key potion of Claug2:ton Island which is Mr. Traurig's client proposes to have exactly 300,000 squre fact of office and retail space so it is clear that they er the wire as to w are coming right widhat they can possibly build without any additional space. Mayor Ferre: Janet, let n-,e interrupt you because what you're telling me has brought up some questions in ICty mind that concern_. that this item be deferred until the next hearing anO I would like, Mr. Manager, to schedule a work scssiaz. I would like or�n �Lhdifferent o People involved in the departments, I would life for the Wilbur - o address this thing a lot more carefully. that meeting and I really want t - it - Ms. Cooper: will I be invited cs well, please? Mayor Ferre: 7,nd you, obviously, this will be a public hearing but I think that we really need to get into this a lot more obviously, I'm not prepared to vote on it today. -1 Ms. Cooper: Thank you, Mr. Mayor. 05 SEP 2 41981 I': relatPa, aren't they? Ms. Cooper: Mr. 111avor, I have not taken a position on the open spaces and I would have no abjection whatsoever to that. Mr. Traurig: Could we pass that portion of the ordinance? I'd ask the City Attorney. Mayor Ferre: Mr. City Attorney? Mr. Percy: Mr. Mayor, ordinarily when you are amending ordinances on the Second Reading or you're not talking about a substantial departure from what was passed on First Reading, if we were to proceed on with adopting this ordinance it would be dissimilar to what we previously passed, I would recommend against it. Mayor Ferre: Okay, I would respectfully request that - our next hearing is October 22nd, is that correct? That before that time we have a work session on this. This is much too important a decision and the questions that have been brought up with regards to aprking are much too important and I just don't feel comfortable with it and I would like to have a much better under- standing of the situation. Is that all right with you? All right. Mr. Traurig: Could I inquire who is to meet with whom? ation set up, since this is an adminis Mayor Ferre: Well, let the administr - tration matter, I think let them set up the meeting, I will be available and I think you should notify the other members of the Commission should they want to be there and I would like to have the Wilbur Smith people and i my questions are I would like to have the administration, the thrust of what deal c:ith parking. I need to know whether or not we're really in the long run creating something that were going to regret in the future. Ms. Cooper: Mr. Mayor, just for the record, I will have strenous objections if I am not given adequate notice for presence at any meeting. I just want that understood. i Mayor Ferre: Janet, you're not the only member of the public so I think we wil.l let you know specifically since you have been an objector and"I would instruct the administration to specifically call t-Is. Cooper and to inform her but also to post it outside so that people - in the bulletin board, I don't think we need to advertise but I think we should post it. Ms. Cooper: Thank you. Mayor Ferre: Do you need a formal action to defer this because we need fur- ther information? All right, it has been moved by Gibson, seconded by Plummer. Further discussion? Call the roll on the deferral until the 22nd. The preceding motion to defer introduced by Commissioner Gibson and seconded by Commissioner Plunrner was passed and adopted by the following vote- 2. LATIN BUILDERS' ASSOCIATION QUESTIONS PROPOSED MERGER OF THE BUILDING DEPAR'ITTENT AND THE FIRE DEPARTMENT. (DISCUSSION 2101,MNTARILY DEFERRED) . Mayor Ferre: Now, Mr. Garyt there are a group of people here headed by the Latin Builders who sat patiently for 5 or 6 hours during the last Commission Meeting who wanted to discuss the general question of the Building Department and the transfer to the Fire Department and all of that. That is not a sched- uled item and I assume that you are not ready to discuss this in its final form, however, out of courtesy to them provided it does not take more than 5 minutes, with permission of my colleague J.L.Plummer and Father Gibson and Armando Lacasa who are here, the chair, as we have done in the past, will permit a brief, by that I mean a three minute presentation on your state- ment, then you will answer and if it gets into a heated debate that is going to take an hour, like Plummer said, they will have to come back because this is a non-scheduled item and there are a lot of people here that have rights, they have geen scheduled to be heard and I think it would be unfair to submit them to an hour or two hour delay on a non-scheduled item. All right. Mr. Traurig: Mr. Mayor, before that, would it be appropriate for you to take requests for deferrals? AT THIS POINT THIS ITEM IS MOMENTARILY DEFERRED. 2.1 BRIEF DISCUSSION AND DEFERRED OF BASE BUILDING LINE INVOLVING CORNELIA STICRET. Mr. Traurig: On Item #8, Mr. Mayor, which is an item relating to the base building line involving Cornelia Street, we would like a deferral of 60 days. I have personally met and in addition had other telephone conversations with Alrred Browning Parker who has been the representative of the Coconut Grove Bank in connection with this matter, we have a meeting scheduled to discuss the overall situation of that area which is to be held next Friday and we are hopeful that we can have some kind of a joint proposal for you with re- gard to this entire area. So if the Commission would permit, we would like to defer this item for 60 days to give us an opportunity to come back to you with something more definitive. 07 SEP 2 4 1981 Mayor Ferre: All right, are there any objectors to Item 8 being deferred for 60 days? Does anybody object to that? The purpose of the deferral is hopefully to work out something with the neighbors and with the various ob- jectors to this. IMr. Plummer: Also because there is not a full Commission present. Mr. Richard Whipple: Mr. Mayor, the only request we would have is perhaps the Planning Department and the Public Works Department could be included in these meetings collectively, we would all have an understanding. t. , Mr.•Traurig: These aren't in the sunshine. Mr. Aurelio Perez-Lugones: Mr. Mayor, legal counsel for the City advises me that there may be a problem with deferring this for 60 days wiht regard to the time span that something can be heard...... Mr. Plummer: We need other information. Mayor Ferre: Yes, but see, the point is that 60 days, we would have to: defer it 30 days and then defer it again in 30 days. Mr. Terry Percy: Or adopt it on First Reading. "x Mayor Ferre: See, this is an ordinance on First Reading. Mr. Percy: Right, so you have 90 days from the time it delivered to you from the PAB to decide on it so you need a First Reading within 90 days or you have problems with...... i Mayor Ferre: How many days have gone by? Mr. Perez: It came up for the first time July 23rd, August doesn't count.• Mr. Percy: Right. t �'� Y' � � f�• f t rN yyP } 'h l r Y j q• Y { r a r F1 .r t �( t r e - *6 Perez: So we have 30 days at this point. Mr. Traurig: May we change our request to a 30 day and then hopefully..,. Mayor Ferre: Is there a motion then to defer Item #6 to the October 22nd Meeting? The preceding motion to defer was introduced by Commissioner Gibson, seconded by Commissioner Plummer and passed and adopted by the follcwing vote- AXES: Mr. Plummer, Rev. Gibson and Mayor Ferre. NOES: NONE. ABSENT: Mr. Carollo and Mr. Lacasa. 3. DISCUSSION ITEM: STATUS OF DEPARTMENT OF BUILDING AND ZONING INSPECTION (See later same meeting) Mayor Ferre: Now, I will recognize the Latin Builders. Mr. Plummer: Mr. Mayor, may I inqui,e first of all, I have been informed that this matter is relating to the Building Department. Now, Mr. Mayor, before we get into any kind of a discussion it is my understanding that all of the things that have transpired up to this point have been done administra- tively, it is not by any action of this Commission. Mr. City Attorney, I would like for you prior to their discussion to inform the speakers, keep them out of a problem as well as these Commission,;ars, as to the Charter provision relating to interfering with the dutie:a and authorization of the Manager because at this point there is nothing for, this Commission to reverse since we have not taken any action and the only thing that possibly could be bordered upon at this point could be construed as interference with the Man- ager, so that we all travel on the right road I would want you to put into the record that relating in the Charter to interference with the duties of the Manager. Mayor Ferre: Mr. Pluruner, your point is well taken and let me say that this Commission cannot and will not, as long as I chair it, violate that provision of the Charter which has been sacrosanct. This Commission will not involve itself in telling the administration what it can or cannot do within its departments, I understand that. Mr. Plummer: Well, Mr. Mayor, you understand it and I understand it .... Mayor Ferre: We all understand it. Mr. Plummer: No, I'm concerned, Mr. Mayor, that some of the speakers here today are going to make an impassioned plea and expect this Commission to take action that we can't. Mayor Ferre: There are not going to be speakers, there is going to be a speaker. No, sir, this is not a scheduled public hearing and I will accept one speaker, one speakei that represents all of you. Now, if you want to put...... If you want I will put this as a scheduled item and then you have to come back. It is unfair to people that are here on scheduled items for me to do this and I think that I am doing this out of courtesy to all of you. I don't care which one of you becomes the spokesman, this is going to be a five minute item at this point, the Manager is going to respond, if you want to go further we will schedule it or you can come back later on in the day, I would go along with that. Mr. Plummer: And I have no problert, with that, Mr. Mayor. Mayor Ferre: Okay, now I'll recognize one of you, whoever, for a brief state- ment as to what your concern is, as citizens you are entitled to express them and you are Entitled to an answer. Mr. Julio C. Jo: mr. Mayor, this is a combined presentation by Latin Builders and the Builders k_sociation of South Florida so I-,z)ula- like the President of the Builder's Association to be heard, it is going to be a combined.... Mayor Ferre: Okay, under f:ve minutes combined. Go ahead. 09 SEP 2 4 1901 Mt* Julio Jo: I'm Julio Jo, I'm the President of the Latin Builders' Association and the reason that we're here this morning is because we are concerned with certain administrative decisions that might be taken regard- ing the status of the Building and Zoning Department. We believe that the Building and Zoning Department of the City of Miami is diluted into another department, the construction industry in the City is going to suffer the loss of services and dilution of services. This is the reason that we want to make public our concern rAgarding this decision if taken. I'm here with the Builders' Association of South Florida President, several other organi- zations like the Florida Engineering Society, the Asociacion Cubana Ingenieros and Associated Builders and Contractors and we want to make clear that we are very concerred if the administration takes this step of diluting the Building and Zoning Department into any other department. So I would like Mr. Irwin Ader to.... Mr. Irwin M. Ader: Thank you. And I appreciate the opportunity and I'm going to keep it very short. The Builders' Association of South Florida of which I'm president, represents more than 1200 member firms, many of which do business and build in the City of Miami. We would like to go on record as strongly recommending that this body reject the suggestion that the City Building and Zoning Department in any way be put under sort of control of the Fire officials. One, we cite the several areas of concern that we think you ought to pay some attention to, one a lack of expertise on construction matters and problems on the part and inherent in any area of the Fire Department, it is very narrow in scope and relating to Fire matters only. The difference of philosophy in terms of what we have been dealing across the country with fire officials and building officials. Construction is an inexact science, it needs flexibility. It is not sub- ject to ABC type of rules. The Building Department must have the expertise inherent in it to be flexible when we come in with our problems and come up with solutions that protect the health and welfare of the consumer and the citizens of the City of Miami but at the same time allow the builder the flexibility to build a product where all of the problems cannot be forseen prior to the start of construction. We believe that any change of this type of management would lead to confusion. We also believe, and we sug- gest a possible morale problem on the part of the construction and part of the Building and Zoning Department if such a change was made, and I wouldn't put that in a small area of consideration if this change was positively contemplated. Each of these departments has a large important responsibil- ity that demands all of our support and their attention to it should remain as is. We would respectfully suggest to this body that if there are prob- lems that need attention on the part of the Building and Zoning Department that you consider bolstering or supporting the areas from within as a better solution with much less risk inherent in it than changing their reporting responsibilities with the problems that I just mentioned. I do appreciate....'. the time and I think it was less than 4 minutes, Mr. Mayor. Thank you. Mayor Ferre: Would the administration like to respond the statements that have been made? Mr. Gary: Mr. Mayor and members of the City Commission, first of all I �''�•*4; -_ would like to say that it would have been nice to have the builders here ` =_ when the study commissioned by my predecessor was done that highlighted-::.,,,, various deficiencies in that department. Secondly, I would like to say.,_ " that as long as I'm City Manager I will insure that the Building Depart,— ment and any otter department within this City is run efficiently and effectively and I will do whatever is necessary to accomplish that. I would also like to say that the Building Department and the findings of the Building Department as a result of that study reveals certain defic- iencies, corrective actions have been and will continue to be taken to correct those deficiencies. I would also like to say that the Building Department is not just for the builders but for all of the citizens and some of the findings in that report address the problems that dealt with the homeowners and the citizens of Miami. Now what have I done? As it stands right now, the Building Department is still an individ'.1al department. The Building Department prior to my taking the Office of the City Manager was responsible to the Assistant City Manager for the Fire Department. I have continued that policy and as a result of that policy considerable improvements have been made. 1 think it is important for the City Commis- sion to realize that. the deficiencies that were highlighted within the Building Department are serious in nature. Those serious problems we are -_ now correcting. Now, to say for us to add more people to the Building Department, I would say that is good but obviously the City cannot afford it. The Building Department with regard to next year's budget is 0 0 considerably more than other departments within the City and let me explain that to you. other departments were required to cut from 12 to 26%. The Building Department was only required to cut 5%. That 5% reduction was not. in the building development aspect of the Building and Zoning Department. we seriously considered what reductions should be made in that Department for the betterment of the citizens of Miami and it was our conclusion that no reductions should be made in the inspections and the building aspects of the Building and Zoning Department. Now, with regard to being able to impair the functions of the Building Department, it is my estimation that because of this restructure, qnd the restructure is not an official restruct- ure in terms of consolidate one department into the other, that we have im- proved the services of the Building Department. I must inform you in view of the fact that it has come to this point, it is not an issue, in my esti- mation of the well-being of the citizens of Miami and the efficient opera- tion of the Building Department but it deals with personalities involved. Now, the actions that will be taken that will require the City Commission action if that is required will be coming to the City Commission. At this time, the Department head still exists, they report directly to an Assistant City Manager as other departments have reported or are reporting and will continue in the future. Mr. Lacasa: Mr. Gary, during your answer you said two things. One, you said that the Department is still, and you used the word still, an independ- ent department and now you mentioned that the Department at this time is functioning as the Building Department. Does that imply that in the future according to the plans of the administration that department might no longer be functioning the way it was functioning up to now and that in any way is going to be incorporated or subordinated to the Fire Department? Mr. Gary: No, it doesn't say that it will in the future be incorporated into the Fire Department, it does not say that in the future that it will not be subordinated to the Fire Department. What I am saying to you is that we are continuing to make progress as a result of the initial study done in the Building Department and whatever steps need to be taken to in- sure the safety of the citizens of Miami I will do. Mr. Lacasa: This, Mr. Mayor, is a very good example of the way that the City government functions. We have before us an issue that I believe is essential'for the City of Miami. What is involved here is much more than the administrative restructuring of the City. What is involved here is the future of the City of Miami because the future of the City of Miami as an independent municipality depends basically on the expansion of our tax base which in turn is dependent upon the continuous promotion and effective building of the City of Miami. If we do not continue to build in the City in a reasonable effective fashion this City will not exist as an independ- ent municipality years to come simply because we won't be able to meet our budget so this is one basic consideration here. All of the efforts of this City Commission during the last years has been precisely that of having the City of Miami becoming one of the most important cities in the United States, at least in the Southeast region and I think that we have been highly successful to that effect. We have the trust of the building commun- ity, of the finance community, this is evidenced by the fact that we, even though the whole country has been experiencing a certain recession in the building industry, we in the City of Miami do not experience that, on the contrary, we have continued to build and all you have to do is go to down- town Miami to see what is going on there. All this has happened under this Building Department. I believe...:. Mayor Ferre: Under this administration. Mr. I,acasa: Flight, a pain political announcement. Mayor Ferre: It happens to be true. Mr. Lacasa: Of course, and I share in that. Now, all this has happened from the techunical standpoint of view under this administration and also under specifically this Building Department. If there has been any type of administrative problems in the Building Department that is for the Man- ager to dealwith. iiowever, what we feel that at the level of the City Commission we have to deal with is the matter of the concept and the matter of the concert in nay view, is that this is a highly technical department staffed by professionals in the construction and the building industry, architects, engineers, we do have probably one of the best if not the best Fire Departments in this country and we are very proud of that and this City Commission has been very sensitive to the Fire Department and this 8EP 241981 Commissioner has always been extremely proud of that Fire Department and very responsive to their needs. However, as I said in the previous meet- ing discussing this item, to put the Fire Department in charge of supervis- ing the Building Department of any municipality and in the specific case of the City of Miami I believe would be detrimental to the credibility of the City of Miami and will have an adverse impact in the builders and the developers, in the financial institutions that are the ones that make what is going on in Miami possible. The Fire Department is just one area of the whole building complexity. It addresses itself on the preventive side to the aspects dealing with the Fire Code - preventive measures, inspec- tions to make sure that the Code is complied with, that from the Fire Depart- ment standpoint of view the buildings and the proposals, the plans submitted by the developers do live up to the expectations of the Fire Department and the Code and on emergency basis, then we are talking about fires and other kinds of disasters. But to think that the Fire Department that just ad- dresses itself to a percentage of what the whole building responsibility of the City of Miami is which involves structuring, architectural, landscaping, electricity and the works is able and qualified to supervise the Building Department quite frankly I think it is the reverse. I believe that being a sustaining service rather than the main service if any, that Fire Department should be under the Building Department and not the reverse. I am not"goir.g + to propose that though, because today I would be submitting to the City Com- mission another concept which deals with the question of the Fire Depart- ment and the Police Department and, as you know, I'm going to propose the creation of the Public Safety Department of the City of Miami combining the resources of those two departments and I think that that is a more adequate type of solution to our budgetary and administrative problems because it will be addressing the major area of concern that this City Commission should have at this point and that is the preservation of life and property in the City of Miami which we know is in jeopardy at this particular point. But going back to the issue of the Building Department, 14r. Mayor, I would re- quest that in any way that you see fit today, we address this issue in depth because we do have a crisis in that department because we are dealing at this particular point with the budget of the City of Miami, it is going to be heard on second hearing today and I don't believe that this City COmmis- sion if the majority of the members of the City Commission feel the Tay tic that I feel, should let this pass today simply because of one very pr r mark, point. This City Commission has basically, and this is a very what I am going to say now, real authority over this City government once a year and that is now at budget times. Other than that, this City Commission has practically no authority because the real power here is the Manager. So anything that we do in this respect could be construed as a violation of the City charter. We set ::he policy in concept and then it is up to the Manager to administer. It is within the parameters of the City Charter for the Manager to hear us and then act at his discretion and if he sees fit to subordinate the Building Department to the Fire Department is protected by the Charter and we cannot violate the Charter unless the City Commission takes a stand if we believe on the issue and then we seriously address this question with the administration because quite frankly, if there is any from my standpoint of view an important issue before us is this matter and the future of the City from the financial standpoint of view from its abil- ity to continue its development is at stake here. Mayor Ferre: Let me if I may, now, Mr. Lacasa, let me say that I have he highest respect for you individually, as a lawyer and as a r,,ember this City of Miami Commission, but I am frankly surprised that you would say after having served two and a half years here the only time that this Commission has any authority over the Manager is at budget time because you know that continually we exercise our authority and that the real boss of this City is not the Manager but the City Commission so let's not put the blame, you know, where the blame is not. It is our responsibility and we have the responsibility of setting the policy. 1vow, let me, if I may, address my- self sp=cifically to :ny good friend Mr. Adler who I have the greatest respect for, I've. known him for many years, and to the many many other people like Jose Feito who is here, the former head of the AIA nd the many other dis- tinguished architects, engineers and builders that are all gathered here on this occasion for something that is obviously concerning them. Now, three things were n(ldrf_-Fsed by Mr. Adler. one is the question of exper- ience, one thing was the question of philosophy &N6 the third taas the morale of the industry. Those were the three subjects addres=ed• 13oh, let me tell you gentlemen what we can do arid what we cannot do. I respectfully disagree with my colleague, Commissioner l.acasa, that we are powerless to do anything other than at budget time. Now there are ways that we can deal with this problem and there are more than one way, and I'm not talking W 12 SEP 2 41981 9 0 N about dismissing the City Manager because that's like using an atomic bomb to solve a problem that does not need that drastic a solution. Now, there are three things that we are dealing with with this problem and let me tell you what they are. One is the quality of the service that its rendered and the quantity of service rendered. Now that is a budgetary issue and Commissioner Lacasa is correct that we address it at budget time with regards to the number of people and the qualifications of the people involved. I want you to listen to this because this is absolutely germain, I am in agreement with what you are doing. Okay? But we cannot do it in an inefficient way, this must be addressed precisely and to the point and legally and we can do that but I want to address it rather than going through the atomic bomb route. Okay? Now, there are three things that are involved here. One is structure of the department, the second thing is the quality of the service to be rendered and the third are the individuals involved. Now let me tell you gentlemen, all of you, what this Commission cannot do. We cannot tell the Manager what individual is going to do what. That is against the law of the City of Miami, that is against the Charter. Now, a great deal of the problem that has arisen, and I want to put it eery specifically and clearly, deals with individuals that are within the department. Now, I recognize that and I am sympathetic and I am supportive as much as I can be within the law of certain individ- uals and I am not suportive of other individuals that in my opinion have been doing a great deal of harm and are partly to blame for the situation that presently exists in that department. Now, one way or the other, there is nothing that I individually as the Mayor or any member of the Commission can do with regards to protecting individuals or with regards to moving individuals out of a department, that is purely within the prerogative of the Manager and the people involved in that department. Now, let me talk about the second thing an" that is the structure of government. The City of Miami Commission has certain ability which is legal in nature and within the purview of the Charter which permits us to make certain structural decisions. For example, there will be one that will be brought up later on on the merger of the Fire and Police Departments. The City of Miami by the powers vested within this Commission can make structural decisions within limits. It has to be legal. But let me address now what I think we can do besides address it budgetarily. We can establish the question of a quality service. Now, for example, the concern of most of the archi- tects and the engineers and the builders that have come here, and I think the general public is, as Mr. Adler well put it, that we have experienced people that have the proper understanding of construction and building because otherwise the morale of the industry goes down. The way we can deal with that problem is, and I would recommend, Mr. Commissioner, that we do it that way, is that you make a motion that specifically states that the head of the Building Department must be an individual that has a professional degree in either architecture or engineering with sufficient experience so that there is no question that the head of that particular department has a particular expertise and that I think we can do and that safeguards, and that I think we can do, Mr. Knox, I'm going to ask your legal opin-on as to whether or not this Commission is entitled to set min- imum requirements of expertise in both education and experience in specific departments that deal with certain..., now that we can do in my opinion. But I realize that this is a complicated subject and you're going to need more time and in the interest of moving along, what I would say is I would like to have, if this is acceptable to members of the Commission, that you would study it and later on this afternoon come back with a legal opin- ion on this matter and that is, that this Conanission go on record establish- ing that the head of the Building Department must have either an architectural or an engineering degree, and by engineering I mean a Building Engineering Degree, Civil Engineering or something that is comparable and at least 5 years of experience in that particular field. Now that I think speaks speci- fically to the question of who the head is. Now, with regards to the ques- tion of whether or not the City of Miami Commission can pass a resolution, Mr. Knox, the subject is going to come: up this afternoon, pass a resolution to put one department under another or merge departments. I would like for you to give us a legal opinion as to whether or not this City Commission can do that and furl_herr;acre, whether or not this City Commission if it can not do that _, peciri.cal ly ?low far Can the Cotnmissi.on go. I might remind you that back in ti-ie u,� d 60' s former City tIanager Mel. Reese had a study made on the consoliLatiorn of the hire and police Departments and that an ordinance was v.ri.tten speci.f.ically addressed to t?lat issue. That, of course, had at one time the support of the City manager and then ::uhsequently the City Manager changed his mirid and Coriciu _Sion did not adopt that ordin- ance. The question to you, therefore, sir, is whether or not legally the City of Miami can instruct the Rano.ger, ana if that is the case, let me then Qo on the record by saying that I concur with the opinion that. the SEp 241981 Building Department of the City Miami is much too important and much too essential to be under any other specific department head and should, in fact, report directly to the City Manager. Now, just so that you in the audience do not. misunderstand, it must be legal.. If it is not within the propriety of this Commission to do so then there is no way that this Commission can, if the City Attorney determines that that is construed as interference on the part of the Commission with the administration then we would be precluded from doing that. Then lastly, I might point that we have the ability as Commissioner Lacasa said to deal with this under the budgetary process which will be coming up tonight. So there are three ways that we can deal with this issue and we are not limited to one and we will. be dealing with it if not socner, certainly tonight by budgetary time. I understand, Commissioner Lacasa, that we must deal with a very complicated budget tonight. I am not a one issue candidate, I have never been, I do not believe in one issue candidates for anything. I would hope that we would not tamper with that well-being of this City on any one particular issue. The City of Miami is much too important and the budgetary process is much too essential for us to risk using an atomic bomb to solve a problem that can be summarily dispatched with a lot less power. Mr. Lacasa: Mr. Mayor, I believe that you have pinpointed certain areas which could be ve:-y instrumental in solving this situation. in dealing with the question of combining the Fire and the Police Departments, I have been in contact with the Legal Department and I have a legal opinion from Mr. Knox to the effect that we do have the authority to recreate the Public Safety Department of the City of Miami. However, I would like specifically short of that to ask for the record in view of your previous = statement from Mr. Knox this question: 14r. Knox, if we do not restructure by ordinance this department do we, is the Manager, is the City Manager bind to follow the recommendation of the City Commission to the effect that the Building Department be managed by the Building Department Director directly responding to the Manager without interference from another depart- ment, specifically from the Fire Department? Would that recommendation be binding on the Manager? Mr. Knox: No, sir, because that relates to questions of personnel -and not structure. Mr. Lacasa: Thank you. That is the point, Mr. Knox, and I do agree with you that that is the correct interpretation of the City Charter so this is precisely the point. So we understand the issue very clearly, what the City Attorney has said is that our instruction to the City Manager rather than instruction, recommendation, an instruction would be a violation I assume, our recommendation to the City Manager that the Building Depart- ment not be interferred by the Fire Department will not be binding legally upon the City Manager. So that is why I continue to say that unless we use our power by ordinance to restructure the administrative structure of the City of Miami in a fashion that it cannot be tampered with at this point, we do not have the authority even if the City Commission by a vote of 5-0 were to tell the City Manager that we don't feel that is in the best inter- est of the City of Miami to have the Fire Department supervising the Build- ing Department the Manager will acknowledge our recommendation but he will not be bound by that and that is my whole point, Mr. Mayor, with the rest that you have said, yes, sir, I do agree that the grass is on the line, we are not dealing here with personalities, we are dealing here with personal- ities, we are dealing with the concept of an independently professionally managed Building Department. One other short comment is this, the question of establishing the academic or professional requirements to head the Build- ing Department or the Department by itself might not by itself be enough because anyone who could be included in the Fire Department with those quali- fications could be afterwards put as the head of the Building Department and we will end up in the same kind of situation. Mayor Ferre: Father Gibson? Rev. Gibson: Mr. Mlayor, I had hoped we were going to stick to the five min- utes but since we didn't I will not let you leave out here and not express myself. I am unalterably opposed to any Commissioner trying to dictate departmental matters. If you appoint a City Manager the City Manager accord- ing to the American way of structuring in the Damocratic process - read it anywhere - what you do is you appoint a Manager, you say to the Manager, "I hold you responsible to see that everything goes right". If things don't go right you have a choice. You know what that choice is? Find you another Manager who will see that things go right.. `That is simple. 1 a1Ti unalter- ably opposed to the Commission dippin'n. What you are dealing with here is riot profi,iency and efficiency, you're dealing with personality. I run a church, I wouldn't dare have the vestry tell me who the organist ought to be when I'm responsible for the proper operating of the church and the smooth carrying of the service, you can't do it. I run a church. I wouldn't dare let the vestry go choose the sexton who will come when he gets ready and not when the service is scheduled. That's just common sense. Now you and I know there have been problems +, the Department, you know that's a case of personality. Either you're y!:r'':icient or you aren't proficient, either you could compete or you can't i:,.smpete. For the builders, you, sir, the president. I don't think - let me put it this way - as long as I'm here you will. never hear- me voting for, you will never be able to record or see in the record ghat I voted for say someone who is not com- petent and efficient to head a department. We're not talking about the head of the Department, who you report to is not that important. You have to understand that. What you have to understand is we're talking about if you have 50 people out there they must report to somebody. All right? I want to tell you this, I hate like the devil to think that anybody would make me the Manager of the City of Miami and everybody must report to me. I have a hard time having people make the calls to me, I have to ever so often say, "Talk with my assistant." That's just good business, that's efficiency and I would hope that this Commission at this llth hour will not, will not get involved with personality. Either you run an efficient department or doggone it, get somebody to do it. Now, I would hope that we are souni_4r. warning.. I Qk:- we're sounding a warning on the Building Department that you either ship up or ship out. Now, let me give you an example. I'm not so sure the Building Department is always at fault, the best example is a development we approved over on the causeway, do you remember that? All that hell we raised here that night we had that meet- ing? That law said that the architect - this is a good example - the architect of the developer must certify, do you remember that? Doggone right, and here the architect says this is how large these apartments are going to be and then when push come to shove the apartments were larger. The people came complaining, the way the developer was getting by was the developer went to work and had his men start in work at 4 O'Clock in the morning. Isn't that unusual? Whereas, if the Building Department had to certify to u4, I don't believe in letting those other folks certify to me. I pay the Building Department people, they must make sure and C.Y.A. for me. You know what that is? Right! When they certify that that is what is happening I'm prepared to live with it. Whenever you transfer that author- ity to the architect of the developer - listen, did you ever hear this phrase? The man who pays the piper decides what kind of music the piper plays. And let -me add this, if we pay the Building Department and they must certify, they know th,:it if they give us some shucking and jiving they know what is going to happen, they're gone. Now, let's put it on the table and I would hope we wouldn't take up all these people's time, all of our time discussing personality. Man, that's why you have a, what's that depart- ment you have about personnel, you know, where you go and you tell how quali- fied you are and either you have it or you don't have it and then after you get two or three people boil it down to two or three and you say to the Man- ager, these are the three qualified people even though we, the Commission, sometimes don't even understand that ourselves because ever so often we want to put our f--nd in the pot to pick out who we want to pick out. You know? And don't tell me I'm lying, under oath I'll say what I'm saying. Now, I would hope that we would get along with the business and when we come back here I hope we will not, I want to make sure everybodv hears me, I hope nobody expects me ncc to vote for the budget because I don't have the answer as to whom the Building Director is going to report to. I want him to re- port to whomever the Manager says and he'd better get me a good product and if be doesn't do it, you know what? We ought to make some changes and you have my vote. Mayor Ferre: All right, we're now going to move along to the next, the formal City Commission Session, I apologize for making you wait. Mr. Y-nox, so we can get, and J. L., if you want to - Okay, in a second but lc-t me just make sure where we're at, and I would just want to put on the record to remind you. The City of Miami. Corardssioil has passed resolutions and ordin_�nces changing departments. I r .gI'lt rtrrrdnd you of the time when th_-t was done. The last time that T reirierrIer w,_s wh n we cruatt d sonkuthing callt.d the Departrment of Trade and Coiwiercu which was passed on a 3 to 2)vote. Okay:' 11ow, at. that time we created a departFi nt, we trans er: e: , i un6s a c It wa a lr:a:7uat[ of the City Conurussion. The previous time that I recall the creation of the Department of Hwiian Services which also %;as voted upon on a 3 to 2 vote. Now the only difference that I see between that and what Conurdssioner Lacasa might be proposing in both cases is whether or not it has the concurrence SEP 2 411981 of the Manager. So, therefore, the real legal question is can this Com- mission do that without the consent of the Manager. That is where the real crux of the matter is because the fact that we have changed the departments or that we have created departments or moved departments around is certainly something that this Commission has done on many occasions in the past so there is a legal question. I might point out that what we have before us is three things, and I think we have to be a little pragmatic, those of us that want to deal with the budget tonight, I want to be a little pragmatic about it. One is whether or not we can set standards, minimum standards for a department head that deals in a specialty. The second ques- tion is whether or not the Commission can by ordinance determine whether or not a department reports directly to the Manager or not. And the third area deals with the budget which, of course, we know that we can deal with. Now, I might point out to members of this Commnission, if I may, on just one sub- ject with regards to the Building Department. when you and I, Theodore Gib- son and when you and I, J. L. Plummer, began dealing with the City of Miami. as members of the Commission and then in my case as Mayor in 1973 you were dealing with a city that in the years 74, 75 and even 76 had sometimes years where there were 20, 50, $60,000,000 worth of construction going on. This last year we had over $300,000,000 of construction. We are at the brink of having a billion dollars worth of construction a year and I would predict to you, gentlemen, that by 1985 the City of Miami will have constructed dur- ing the previous 5 years $3,000,000,000 worth of building. Now let me put that in perspective. In the downtown Bric'sell Avenue alone we will build in 5 years more than in the 85 years of the history of Miami and that is what is happening to this community. And I don't mean to quarrel with my friend Armando Laca.sa. That's my theme song, that's what I'm running my campaign on. I'm saying that we have been responsible to a great extent in creating the building that will be tax base that will pay for the Fire Depart- ment and the Police Department. That's how we're going to get the taxes so that when Washington cuts off the funds which they're doing very quickly now we will have the money with which to run a Fire and Police Department and the other essential services. Now, it is, therefore, these are different times, Mr. Manager, we're in the 80's now and I submit to you that the Building Department is of such magnitude that the health and welfare of this City, it is sufficiently important, it is as important as the Fire Department and, therefore, it should be magnified, increased, and whoever that individual is who is in charge of it should report directly to the City Manager and I don't think there are any problems with that. Now, I think with re- gards to who that individual is or how you, the Manager, run that department, it is your business. But I certainly think that we can deal with the sub- ject of structurally where it fits and the importance that we give it and secondly the minimum standards and qualifications. Now, I realize that this perhaps may not be as major a subject as having'a legal background to serve on the Supreme Court of Florida, there was a time when non -lawyers could serve on the Supreme Court of Florida but that has been changed. I also realize that there were Nimes in America when people that did not have a medical degree practiced medicine but that has changed. And I submit to to you that the technicalities of the Building industry are so technical that like lawyers, like a legal degree is a prerequisite to being a Supreme Court Judge, like a medical degree is a prerequisite to being a medical examiner that we have an architectural degree or equivalent for the person and experience for the person that heads that particular department. I think that is within the realm of what we can deal with. J. L.? Mr. Plummer: Mr. Mayor, my comments will be very brief. I would urge all of the people that are here today who are vitally concerned as they have expressed, that they return this evening at 7 O'Clock during the budget hearing. There is no question in my mind that based on the comments of the Mayor, observations, that the building industry in the City of Miami has ex- ploded in a right way. we want to continue it in the right way. I will be proposing tonight at budget time an expansion much above that which is pro- posed by the Manager for the building Department because there is no question that it is needed. Don't misunderstand my remarks to boo later because I am a firm believer that you, the builders, are going to pay the tab for that expansion and as far as I'Irl concerned, you'd better look for your fees to double and maybe triple in proportion to the anount of people that will be servicing riot only the builders but all or the people. I am in nc way peak- ing, Mr. Mayor, do I want it rnisconst,rued, the Manager has the right to do what he needs to do but I say to you that widen we have 3 building inspectors in a City this size with the activity that is going on that we are totally totally inadequte in what we are performing. So as far as I'm concerned, this evening it will be a change. R E: r. , ^ A i. 1 Mayor Ferre: All right, ladies and gentlemen, I think we're obviously mak- ing progress but we must out of courtesy to people that are here on scheduled items, I'm sorry, but this is not the way to do things so we will be hearing this at budget time tonight. Those of you that can be here at 7 o'clock, you're welcome to be here, by that time we'll have some legal answers and we will proceed accordingly. Thank you. 4. APPLICA`.['TON FOR. CIiATIGE OF ZONING - FLORIDA AVENUE/RAINBOW PLAZA ESTABLISH 110RATOR.IU14 IN 'ZONING APPLICATION IN DESIGNATED AREA POSSIBLE FUTURE ORDINANCE TO REGULATE APPLICATIONS. Mr. James Seeden: Mr. Mayor, on Item #:7, my name is James Seeden, my address is 2250 S. W. 3rd Avenue. My client has instructed me to withdraw the item entirely, withdraw our application entirely. Mayor Ferre: Okay. Are there any ob-ections to that? Mr. Plummer: Mr. Mayor, it's not a matter of objection, the man has the right to withdraw without objection. But I hope everybody understands when he withdraws that that is back to zero and if he ever wants to relive it again he has to go through the same fees, the same procedures, everything starting over from scratch. Mr. Seeden: My client understands, Mr. Commissioner. Thank you very much. Mr. Plummer: You can be heard but you can't stop a man from withdrawing, that's the point I was trying to make. Mr. Lacasa: Is he withdrawing or deferring? Mr. Plummer: No, he is withdrawing, it is dead, it is over. UNIDENTIFIED SPEAKER: Mayor Ferre and City Commissioners.... Mayor Ferre: if you'll excuse me for a moment, are you here on Item #7 0n the withdrawal? UNIDENTIFIED SPEAKER: Yes. Mayor Ferre: See, by withdrawing, you realize what happens? UNIDENTIFIED SPEAKER: I wopld just like to ask a silly question. Mayor Ferre: There are no silly questions, there are silly answers. UNIDENTIFIED SPEAKER: How many more times can he withdraw and we be put through the same agony or whatever it is that they're doing? Mayor Ferre: What Mr. Plummer was telling you is that once he withdraws, Plummer, tell her again. UNIDENTIFIED SPEAKER: I understood that, but just any number of times? Mr. Plummer: The answer to your question is simple, he can do it every time he has enough money to file the application. UNIDENTIFIED SPEAKER: Oh, boy. Mr. Plummer: Well, that's the law, my dear. And that particular intersection, how many times have you been here fighting now? UNIDENTIFIED SPEAKER: Since 1967, that's 14 years for the same piece of prop- erty. Mr. Plummer: We love to see you. Mayor Ferre: You see, what's going to happen, what will happen is.... UNIDENTIFIED SPEAKER: I hope I have my job. Mr. Plummer: There is nothipg we can do about it. 17 SEP 2 41981 Mayor Ferre: Look, the Planning Department recommended denial. The Zoning Board recommended denial unanimously. Okay? Now, I will guess that they _ would probably be denied again here today. So they are withdrawing their application - now follow me -- they're withdrawing their application and they want to in the future, they've got Llie legal right to reapply. That will take a wi-.:`le, another yeaar by the time they come back before this Commis- sion? Mr. Perez: Mr. Mayor, they can come back at any time, they can file because there has been no determination of either approval or denial taken by this Commission. Mr. Plummer: But the point I'm making is an applicant has the right at any time to withdraw. Mr. Perez: Yes, that is correct. Mr. Plummer: That's the law, we can't argue with that. Mr. Perez: It is his prerogative. Rev. Gibson: But let me say something that I don't think the public is aware of. Forget the public, as a Commissioner, I don't mind denying, I don't mind a man reapplying, I think that is the American way. But what really troubles me is if he could come back every 30 days. Remember those people have to work and you inconvenience those people and I think what needs to happen is the City Commission if we don't have such a law, Mr. City Attorney, since we pay you all big money for this, we need to make a law that is corrected - if a man withdraws first time.... Well, it may be a sickness, second time, hey man, I'm sorry. Remember, all those people there have to stay off their jobs, some of them even postal clerks or whatever you call them. All right, and here's what's happening. I'm going to tell you this, incidentally, I know what is happening. They re waiting to position. Do you know what I mean by that, Mrs. Armbreuster? Mrs. Armbreuster: Right on. Rev. Gibson: Right on, sister. And all I'm saying to you, Mr City Attorney, tell me of a remedy other than just dismissing them and they could come back, within the law. Mr. Plummer: You make a motion, Father, that says that if anyone withdraws they can't reapply for a year. Rev. Gibson: All right, that's my motion. Mr. Plummer: I second it. Mayor Ferre: Okay, but wait a minute. Legally can you do that? Mr. Terry Percy: You could preclude the number of times that an application, you could put a timeframe within which applications could be brought. Mr. Fl1immer: That's what we just did. Mayor Ferre: Well, is that applicable now to all? Mr. Percy: No, we would have to adopt it as an ordinance and put it through the regular procedure. Mr. Plummer: Oh yes, but not to these people. Mayor Ferre: I mean you couldn't specify that they alone .... Mr. Plummer: No, we're going to make an ordinance uniformly across the board, it does not apply to these.people at this point. Mayor Ferre: We've got a lot of people that are affected in that now, you want.... Okay. Mr. Plummer: It's not a matter, what we're trying to do is to protect these people in the future. That's what we're trying to do so that they don't have to come back here. 18 SEP 2 4198J 17) Mayor Ferro: I personally don't have any objections but I just want you to understand that it goes way beyond this particular parcel on Flordia Avenue in Coconut Grove. When you do that you're changing something that is very fundamental in the City of Miami. Mr. Plumper: well, Mr. Mayor., if they were up here today and couldn't withdraw and were denied they could not reapply for what? Mr. Perez: Eighteen months for the same application, or one year for another. Mayor Ferre: Well, let me ask you this now, do they have the right to withdraw? Mr. Perez: It's their prerogative. Mayor Ferre: It's their right, we cannot vote on it? Mr. Plummer: That's right. Mayor Ferre: All right, there is a motion before us and now, ladies and gentlemen, let me explain that obviously the legal department has to re- search to make sure that this is legal and then it will come back in the form of an ordinance, I would imagine either October 7th of the 22nd. Mr. Percy: I has to go before the Planning Advisory Board, that will take a minimum.... Mr. Perez: Mr. Mayor, you're talking about an amendment to the Zoning Ordinance and there is a procedure established for that, it must be heard by the Planning Advisory Board and 30 days later be brought to you. Mr. Plummer: Sure, but at least it will protect to the future. Mayor Ferre: Let the motion speak specifically to the issue that it since it is being passed in intent by this Commission that it would be retroactive to today, not retroactive, but it would be activated as of the 24th day of September so that when the Planning Board, if it rules on it, and finally when the Commission rules on it but otherwise then it doesn't affect these people legally. Mr. Plummer: Mr. Mayor, I'm fully aware it does not affect these people as they stand here today on this application but her concern is how many times in the future, 5, 6? That's what it's speaking to. Mayor Ferre: But what it means is that these people can come here and start next week or next month. Mr. Plummer: There is nothing we can do under the law to stop them. Mayor Ferre: Yes, there is. You can pass a motion of intent effective as of today and it will only take place after we go through the legal procedures. Can we do that, Terry? Mr. Percy: I perceive some difficulty, Mr. Mayor, I'd like to take a closer look at it. Rev. Gibson: Mr. Mayer, as much as I would want this passed, I think that it must carry with it that at no time, that anybody who has presently ap- plied, you see, that this new law will not apply to those persons because otherwise people have already got their ship in order and they may want to... Mr. Plummer: Father, let me make a motion. Rev. Gibson: All right. Mr. Plummer: Mr. Mayor, I make a motion..... Mayor Ferre: Is this a substitute motion? Mr. Plummer: No, go ahead and call the .roll on that one. Mayor Ferre: No, just make it as a substitute. F r r � }*rot .`}��aaA,, t °jxt,"ri�,,� cc Mr. Plummer: No, I can't, this is a separate motion. 19 1 .;J + I Mayor Ferre: Well, will the maker of the motion withdraw his rotion, please? Rev. Gibson: I'd like to withdraw so I could hear what you say. Mr. Plummer: I withdraw my second. Mr. Mayor, I move at this time that a moratorium be imposed upon the property, the boundaries of Grand to Florida and from Mc Donald to Margaret Street. Mayor Ferre: Could we do that? Rev. Gibson: second. �Mr. Plummer: Why not? Mayor Ferre: Can we do that legally? Mr. Percy: If the Commission were to make certain findings that it is in the public interest to do so, I believe so. ' Mayor Ferre: Do we have to have a public hearing for that purpose? Mr. Percy: You have to have presented to you information on which those,-` findings could be made as a record. Mayor Ferre: Have we had those conditions presented today that we couldo. that you could legally sustain that in a court of law? Mr. Percy: I think the ordinance that we've been instructed to draft would impact on that and I think so, until this ordinance is effective we could effectively freeze development in that area. Mayor Ferre: So then this is a valid motion, is there further discussion on this motion? Does anybody wish to speak to it? If not, call the roll. The following motion was introduced by Commissioner Gibson who moved its adoption: MOTION NO. 81-786 A MOTION OF THE CITY COMMISSION IMPOSING A MORATORIUM IN CONNECTION WITH ALL ZONING APPLICATT.ONS WHICH ARE FILED FOR THE AREA GENERALLY BOUNDED BY GRAND AND FLORIDA AVENUE BE- TWEEN MARGARET STREET AND S. W. 32 AVENUE, UNTIL THE CITY COMMISSION DECIDES ON A POLICY IN CONNECTION WITH THE NUM- BER OF TIMES AN APPLICANT CAN WITHDRAW HIS APPLICATION. Upon being seconded by Commissioner Plummer, the motion was passed and - ,opted by the following vote - AYES: Commissioner J. L. Plummer, Jr. vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioners Joe Carollo and Armando Lacasa. u� Mayor Ferre: Now, with regards to the question, valid pertinent point, Plummer. Mr. Plummer: Did you make the motion or did I? Mayor Ferre: It doesn't matter. � I L which I think is �ti11a` z Mr. Plummer: Father made the motion that any withdrawal has a one year time frame before they can reapply, I second the motion. Mayor Ferre: All right, is there further discussion on that particular motion which has to follow a complicated legal process? Mr. Plummer: This means we aren't going to see you anymore. 20 1 SEP 2 4 1981 W NOTE: Commissioner Lacasa entered the meeting at this point, Mr. Lacasa: The motion is that any withdrawal..... Mayor Ferre: Let me explain to you what has been done in your absence. We passed a motion which in effect puts a motatorium in that general and specific area of Coconut Grove and that then, therefore, freezes that area for a certain period of time until we have a clarification of the situation. That moratorium can be lifted at any time in the future. Mr. Lacasa: So that will take care of the problem here. Mayor Ferre: That has already b�cn done. Mr. Lacasa: And that will take :are of your problem? Mayor Ferre: For now. Now, the second motion, and I will recognize you, and I promise you I will not vote without recognizing you, I promise you. In the meantime, what has happened is that a motion has been passed, has been made by Gibson, seconded by Plummer, that in effect instructs the administration to begin the process through the Planning Board of establish- ing a rule which would be an ordinance, a change of the Zoning Ordinance that if an application is withdrawn that the withdrawer of the application cannot reapply for one year, for 12 months. Now, that's where we stand now. Now, I will recognize you. Mr. Perez: Mr. Mayor, I would like for the record a clarification on the moratorium. This moratorium is in effect for a re -zoning application for that piece of property, it doesn't include any other building activities within those boundaries? Mayor Ferre: That is correct, that was the intent of the motion, that is the legislative intent of the motion. Mr. Perez: Thank you very much. Mr. Lacasa: okay, Mr. Mayor, under discussion here, we have two different issues here now. Mayor Ferre: One has been voted upon. F Mr. Lacasa: one has been voted upon which is the one that solves the prob- 1em of these people here. Mayor Ferre: That's correct. Mr. Lacasa: And this does not affect the other question. The other ques- tion is a change in procedures which could have a substantial effect, not on this matter which has been dealt with in another fashion but in many other matters that might come before the city commission. I would say that the changing of the rule to put what in effect is a moratorium for a year on any application that is withdrawn, I think that that deserves that we get the people that are basically involved with the City of Miami in the question of building and we listen to their opinions to this and before we take a decision we evaluate the financial impact that this might have and all of the consequences because once we pass the rule what we will have is everybody who comes to the City of Miand who for whatever the reason, so s Mayor Ferre: of course, and you realize that all we're doing here by form of a motion, this is not even a resolution, this is a motion that begins a process that must go to public hearing before a public board called the Planning Advisory Board and then has to come back before the City of Miami colwTLisslor, :or an %t:her public hearing and a vote on an ordinance and then it is two votes because we'll have one vote and a second vote. So between now and then we've got a long way to go. Rev. Gibson: t?r. Mayor, let me make thi observation. I would think that a person who applies ought to be given at least two chances. There are extenuating circumstances that would cause a man or a woman to want to either postpone or withdraw for a period of titre. But to just let him come UP here a.s these developers have consistel,tly done- for the last year or more — is not being fair to the people and, therefore, I would want them to have a first chance or a second chance and after that it is automatic, you just can't get it before the next 18 months or the next year. I would hope we won't put the time too far away because you're living in changing times and if you expect to develop this City you have to keep that in mind. However, it is not fair to those people to have to take off from their work and every time the developer things that they don't have the right mood that morning they say, "Well, I want to postpone." Mayor Ferre: All right, further discussion? If not, call the roll, please. Nothing is final in this, this is just.... All right, quickly, please. Ms. Grady Dinkins: Mr. Mayor, thank you very mi•,ch. I live at 3201 Florida Avenue. Now, I was here on July 6th and then again July 23rd and now again 6day and have been to `wo or three community meetings. A Mayor Ferre: Ma'am, we're addres-?nq your problem. Ms. Dinkins: I know you are, but I would like to ask this Commission just how long and how many more years will we have to continue to go through with this aggrevation? Mayor Ferre: Every year. There is nothing, in the United States of America we have laws and laws protect everybody equally. Now, what we can do is we ban try to help you and we're doing that by (1) placing a moratorium but there has to be a limit as to how long that moratorium exists. We're doing it until we go through a public process. When the public process is con- cluded, if this Commission or the Commission that deals with it in the fut- ure concludes that we can put this one year thing then what it does is it guarantees that you do not have to come here any more often than every year. Beyond that there is no guarantee. We live in a country of laws and that's the way it's got to be. I'm sorry, but at least it won't be all the time. Mr. Pliunmer: There's only one way I know to end it and that's for you all to get together and buy the property. Ms. Dinkins: Well, we would like to buy it, we have some buyers. Thank you. Mayor Ferre: All right, sir, do you wish to address? There's the micro- phone, we need your name, your address and you have exactly one minute to make your statement and then we move along. Mr. Giles Spruill: I'm Giles Spruill at 1217 N.E. Miami Court. I'd just like to ask you if there is no way you can put a limit on the repetitions from the same applicant. Mayor Ferre: That's a Constitutional guarantee in the United States that we cannot tamper with, that is a Constitutional guarantee. Al right, yes, ,sir. Into the record and then we must move along. Your name and address. 1r. Major Johnson: My name is Major Johnson. I live at 3321 Florida Avenue in Coconut Grove. I was informed that that property had been re -zoned from R-1, some confusing conflict here, the man told us the other night on Tuesday night that it had been re -zoned and I wasn't in knowledge of it being re -zoned. Is that property zoned as R-1 on Florida Avenue? Mayor Ferre: Whipple? Mr. Whipple: The present zoning is R-1 and the property was replatted so that the R-1 portion qualifies for the transitional use which would allow either an R-2 or an R-CA use. Mayor Ferre: Thank you, sir. All right, further discussion on this next motion? Mr. Johnson: I just want to say he was emphatically telling me it wasn't R-1 and don't know when it was changed from R-1 residential area. Mayor Ferre: You heard his answer. All right, now, are we ready to vote bn the motion made by Gibson, seconded by Plummer? Further discussion? Call the roll. 22 8EP 2 41981 0 0 The following motion Was introdueed by Commissioner Gibson who moved its Adoption; MOTION NO. 81-787 A MOTION OF THE CITY COMMISSION INSTRUCTING THE ADMINISTRA- To, IN CONJUNCTION WITH THE PINNING DEPARTMENT, BEGIN THE PROCESS OF ESTABLISHING A PROCE.DUP.E - pER11APS BY MEANS OF AN ORDINANCE WHICH WOULD AP,TEND THE ZONING ORDINANCE- WHEREBY EACH TIME AN APPLICATION .IS WITHDRAWN By APPLICANT, APPLI- CANT WILL BE FORBIDDEN FRO!d REAppLYICIG FOR A PERIOD OF ONE (1) YEAR; FURTHER STIPUIaATING 111AT SUCH A PROPOSF.i) PROCEDURE SHOULD GO TO THE PLANNING ADVISORY T3070Z FOR CONSIDERATION BEFORE IT COMES BACK FOR FURTHER CONSIDERATION BY THE CITY COMMISSION AT A PUBLIC HEARING WHICH IS TO BE SET IN ORDER TO ALSO HAVE THE BENEFIT OF PUBLIC INPUT. Upon being seconded by Commissioner Plu,uner, the motion was passed and opted by the following vote - AYES: Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioners Caroll.-) and Lacasa. Mayor Ferre: Now, with regards to the request for the withdrawal, no, guess they can do that automatically, right? We don`t need to vote on that,. Mr. Plummer: There's no action taken. Mayor Ferre: All right, we're on item.... Mr. Plummer: Mr. Mayor, may I just for members of the Commission? As you know, you appointed me to the Sports Authority Commission, I have here the full report that you read about in the paper on all of the stadiums, domes# 36 structures, I will leave this with the Clerk if any of you di to avail yourselves of looking at this report. Mayor Ferre: J. L., I'd rather that you leave it in your office. Mr. Plummer: All right, I'll leave it in my office and you all can come in and read it, as you see, it is too much to duplicate. Mayor Ferre: Okay. a".p .,��tyv'S ia�v'�� ^gar 'rye �'i� a•".. �r 3 n c f ) lY 1 i y a 7 i t c t ( 1 T 5. SECOAD READING OR':I_11I}:IC£: C!',A_.1GE Z014ING 1300-1313 S. W. 12 AVENUE I'RO,T1. P.-I TO GU FOR CUDA'.I MUSEU11. TIs there anybody here that washes to speak to Item #3? MayorFerre: Gibson. seconded by right, is there a motion? It has been moved by T,acasa, —__ Further discussion? Mr. Plummer: Mr. Mayor, I only want for the record to be very clear, this and not come bl3th item does not indicate but Avenue and e ^I12tVbfirtstataonsonna2th 9 later that this is the re-mooninofthe which hopefully will be _ Street for the eventual use of the Cuban Museum comissueack later and anybodyng _ entered into with a contract. I don't want full public 9 saying that there wasn't a Does anybody wish to speak to this issue at this time? Yes, and your :Mayor Ferre: ard. All right, ma'am, we need your nam forwe ma'am, please step address. 14th Street. I represent the Mrs. Alberta Ryan: Alberta Ryan, 1270 S. W. the lack of parking in that area. Our neighborhood here in concern over here, by who it is iWethave 1parkingtthere arking on 14th Street is very lax as now. P no in terequest - the time they have that new from the Diocese to make -' I believe that they were goingng tomakea from the parking lot. the assigned parking facility across Alberta, it's not a request, they have a letter that they be resolved. Plummer: into with the Diocese and that problem will have entered Mrs. Ryan: It hasn't been as of yet. Mr. plummer: Yes. t it binding so Is that binding? I want tthe�Archbishope sure awritessa letter and Mayor Ferre: weeks where that we don't end up in six and we don't want you to park." says, "We've changed our mind contract i11 HarrisonHarrisonis herehe . Well, Mr. Mayor, Plummer: I wouh� aswell, e 11 - = Mr. ,B that if, in fact, they lose that right stipulated time? long is that letter? Does it give them a pier, I met with the representatives from the Harrison: Mr• had, in fact, received A. Mr. Bill Cuban Museum and they represented to me that they knowledge. in the letter to my = the letter, there was no time limitations I have not physically seen the letter. they're going to be here today, it's on the agenda -�- well, Mr. plummer: well, for today. Mr. Harrison: Correct. Candella now Mr. Plummer: I would suggest, Mr. Harrison, that you call Dr. with him this afternoon at the and make sure the doctor brings that letter time of the approval of that cor..tract. requested that at the meeting that they supply me with Mr. Harrison: I had that letter. Mayor Ferre: Well, what do you want to do on this then? the zoning. As far Mr. plummer: Well, this is a matter of just changing This doesn't as her concern, it is really the item of the Cuban Museum. have a Cuban mean that by virtue of passing this item, Alberta, that they is another item as a negotiated contract with the Cuban Museum there, that Museum. Mayor Ferre: A11 right, what is the will. of this Commission? Mrs. Ryan: Excuse me, sir, my concern is for the parking in the area. 24 S E P 2 4 1;;1 �lumer: I understand. 4 — Mayor Ferre: All right, what is the will of this Commission? Mr. Plummer: You already have a motion and a second. Ryan: Excuse me, I was under the thought that that had been changed, Mrs. g facility and the —_ the zoning, that the only apprehension now as the parking completed. And also, lack of it. I thought the zoning change had been in that lot there..... that they have advance authority to park parking Mr. Plummer: You mean insurance from a liability standpoint? Mrs. Ryan: Yes, for the parking area. Mr. Plummer: Oh, I'm sure they're going to have to provide that, they will have to hold the City harmless, Alberta, and the only way you can do that is through an insurance policy. Mrs. Ryan: Now, do I come back to get an answer on this or what? Mr. Plummer: Well yes, it is on this afteroon sometime after 4 O'CIOCk t3i� before 7:00.'�` Mrs. Ryan: All right, we'll have an answer then. Thank you very iC►uth=, "#!. - Mr. Plummer: There had better be some answers. Mrs. Ryan: I hope so. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRE- HENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 10, 11,12 1APPROX- AND 13; BLOCK 1; BRICKELL ESTATES (17-51), cm 12TH AVENUE, FROM R-1 IMATELY 1300-1318 SOUTHWEST (ONE FAMILY DWELLING) TO GU (GOVERNMENTAL USE DISTRICT, AND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY 'qEPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY = CLAUSE. Passed on its -first raading by -:title at the meeting of July 23, was On motion of taken up for its second and final reading by title and adoption. Gibson, the Ordinance was Commissioner Lacasa, seconded by Commissioner final reading by title and passed and adopted thereupon given its second and by the following vote: Commissioner Armando Lacasa AYES: Connissi,.oner J. L. Plummer, Jr. Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioners Carollo and Gibson. 6. SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION 2801 S. W. 27 AVENUE FROM R-CC TO C-2. Mayor Ferre asked if anybody wished to speak to Item #4. No one came forward. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRE- HENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOTS 7 THRU 12; BLOCK 2; KING PARK (5-112), BEING APPROXIMATELY 2801 SOUTHWEST 27TH AVENUE, FrC�DRBYID�INGLTHEFNEC, TO C-2 (COMMUNITY COMMERCIAL), ESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION / THEREOF; REPEALING ORDINANCES, CODE SECTIONSOR PARTSTHEREOFINCONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 23, was taken up for its second and final reading by title and adoption. On motion of Commissioner Lacasa, seconded by CommissionerbPlummer, the passewas adopted thereupon given its second and final reading y title by the following vote: into the public record and announced -- The City Attorney read the ordinance Commission and to the available to the members of the City that copies were public. LE J � 1 ! 7 s r ' rt F 1 . ! Y tf iS, x! iJ 4F ,�f p� ��— D 7. SECOND READING ORDINANCE: CHANGE ZONING BLOCK BOUNDED BY N.W. 6 AVE, 6 CT., N.W. 58 & 60 STREETS, TENTATIVE PLAT -SIMPSON ADDITION". Mayor Ferred asked if there was anybody present who wished to be heard on Item #5. No one came forward. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRE- HENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF THE FOLLOWING: (a) THAT PORTION OF TRACT B, AS PER TENTATIVE PLAT NO. 1130 SIMPSON ADDITION" LYING BETWEEN THE WESTERN RIGHT-OF-WAY LINE OF, NORTHWEST 6TH COURT AND THE WESTERN RIGHT-OF-WAY LINE OF NORTHWEST 6TH AVENUE, FROM C-1 (LOCAL COMMERCIAL) TO C-4A (BOULEVARD COMMERCIAL): AND (b) TRACT A11 TENTATIVE PLAT NO. 1130 "SIMPSON ADDITION": FROM C-1(LOCAL COMMERCIAL) AND C-4A (BOULEVARD COMMERCIAL) TO R-C (RESIDENTIAL O:FICE); BEING THE BLOCK BOUNDED BY NORTHWEST 6TH COURT, NORTHWEST 60TH STREET, NORTHWEST 6TH AVENUE AND NORTHWEST 58TB STREET, AND BY MAKING THE NEC- ESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF, BY REPEALING ALL ORDIN� ANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, AND CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of July 23, was taken up for its second and final reading by title and adoption. On motion of Commissioner Lacasa, seconded by Commissioner Plummer, the and pOrdinance was assed and adopted thereupon given its second and final reading by by the following vote: THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9316. The City Attorney read the ordinan,e into the public record and announced that copies were available to the members of the City Commission and to the public. ission recessed at 11:05 A.M. and reconvened at Thereupon the City Crr:un llo and Lacasa absent. 11:15 A.M. with Commissioners Caro C 8. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION S.E. CORNER OF N. W, 21 AVE & 20 ST FROM R-3 TO C-4. Mayor Ferre: Item 46 on first reading, this is an application by Verma - Investments, et al, which is the Southeast corner N.W. 21st Avenue and 20th Street and the application is to change it from R-3 to C-4. The Planning Department recommended approval and the Zoning Board recommended approval 6 to 0. Is there anybody here who is an objector to this. Are there any objectors? Are there any objectors of record? Mr. Whipple, why don't you tell the Commission quickly for the record what your recommendation is. Mr. Richard Whipple: As you indicated, Mr. Mayor, the Planning Department and the Zoning Board did recommend approval of this item. This is a large tract that is owned by the applicant, he has recently gone through replatting and divided into sites that are oriented to N.W. 20th Street. In that process, part of the sites are zoned C-4 and part of the site is zoned R-3 and the it request is to deepen that zoning. We believe this is appropriate because better utilization of the site. In conjunction with this activity gives there has been a park proposed to the south of the property which provides for a buffer between the R-3 development that exists and the proposed rezoning for the C-4. We have many other reasons for the deepening of the commercial it has a minimal impact upon the adjacent residential area because zoning, of the aforementioned buffering and we believe this is proper change of zon- ing to give good utilization of the site. '',-or Ferre: Further comments on this? If not, is there a motion? Mr. Plummer: Move. Well wait a minute now, sir, are you the applicant? UNIDENTIFIED SPEAKER: I represent the applicant. Mr. Plummer: Are you an attorney? �a ®f UNIDENTIFIED SPEAKER: No, I'm a CPA. Mr. Plummer: well, according to the law, sir, you 'can't represent the applicant. UNIDENTIFIED SPEAKER: I believe I can if I am with the Power of Attorney. Mayor Ferre: Well, first of all, you made a motion, let's see if we get a second. Mr. Plummer: I withdraw the motion. Sir, who is the applicant? UNIDENTIFIED SPEAKER: The applicant is Mr. Alcides Laisia who owns both the corporation and the land personally, Verama Investments is the Corpor- ation name. Mr. Plummer: And what is proposed to be put there, sir? UNIDENTIFIED SPEAKER: We are planning on building a shopping center for small stores. Mr. Plummer: All right, sir. Rev. Gibson: Didn't I hear an argument here by HUD or somebody about this — ' land? Mr. Whipple: No, sir, not on this, we are seeking to obtain a mini -park has been no problem with site immediately south of this property but there it. Mr. Plummer: Just for the record, sir, why is the owner not here? UNIDENTIFIED SPEAKER: I've been representing him throughout all of these proceedings because he travels continually on business so to make sure that someone would be available I was person for that purpose. 28 SEP 2 41981 * * I I AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPRE- HENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE TONING CLASSIFICATION OF S60' OF LOTS 1, 2 AND 3 OF PROPOSED TENTAT.IVT., PLAT NO. 1113 "CHULAVISTA t, ` CENTER" , BEING THE SOiiT}IF:.AS-1' CORNER OF NORTHWEST 21ST •- A�'ENUE AND NORTSi3FST 20Tii STR.i ET, FRG 1 R-3 (7iW DENSITYI. MULTIPLE) T,(i C-4 (GE'NFRAL COMMERCIAL) , AND By NLnKING THE NECESSARX CHANGES ZN Tt1E 7014ING 1]ISTF2ICT PSAP P2ADE A PART OF SAID ORDINANCE NO. 6871. 13Y PEFERL14CE AND DE5CF'.IPTION IN ARTICLE ITT, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONT'�INING A SEVERTLBILTTY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa and passed on its first reading by title by the following vote- _ AYES: Commissioner Armando Lacasa k_ommissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. P'erre NOES: None. ` ABSENT: Commissioner Joe Carollo. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the city comanission and to the public. NOTE FOR RECORD: AGENDA ITEM 9 PLANNING AND ZONING WAS DEFERRED. , z Y r ':; t a 3 6y },f,;�L x, ', • ' t� € *'` 4 r '� 8 t`w a c. 3N t. d i r r sr .w t % t > di . s- x t ,,�?. s r46�f s r _`sF' N > t y +`� ;}.' st'`� at.a '" .ja'a - r a'-ta+jv i-z �' r s r r t; , [ f �', �' is r s ,� �� k_ a. _ �{,;K h p r n h a 1 k , ,N - st s- �1 }r r4 t. tzi�z- ¢a>7 tr �st� N^= s tF* )C'2 -,', n, rS -r,� 1 v tt a¢ �� F ,�a s, t±a b1 .E'-f _ y' d a >"^�'�.i Yzt� J%s r 9 i t uT a i9t k 7 .� :s f i td rr�ta,'r r?4'� i, r �'��t_'s, zipM11s1xt f �+,c* -%'', �`w cvft r., u 's ; ,�� r s s s .r t' a �' >, elY j' }V, k { t .Z t fr t s I:'f �, t k r ei 'B a fez! i,r,, t , 5Y f e f 7 s f" ) �` -*s x w,' u"zf 3 i t f >x P tt Pf 't''°S`' r r3:^`4 s a 4 It a �, g b F rat v t *: • Pf 0`'' ,^ " z a , mtk '` a�s ie e5��f,;,`,91p 4E.eza 1 ,, st ,, aS 9 a"' } 1 e ,z Its iv ^",.,, s iy z .•.4 14' f t i V, z i�-"'t'4 tee` _ N �� ; � x tf , w 5 d ,- ," 4 i Y' 4,t; 1 3 x'I i L1 , fl`s a,iR i' 7R u 1 v* fii{t,y f a.,E t�txiri +` i h ,4 47 LL r r. r- r 5 t _ ,ti - s �, rs r ti ts t z '% f". 3 tt,_ t 'ea s s � P L 4,` f y ?,- 5 e kt �., A I ° ! 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This is an ordinance on Is Mayor Ferre: Alright, the change of zoning from C-4 to R-4. first reading, Dade County HUD? the applicant here? UNIDENTIFIED SPEAKER: yes, sir. quickly about it. The don't you tell us very 4u Board unanimously Mayor Ferre: Alright, why and the Zoning ing Department recommended approval a roval o... us about it. plannfor you got one minute to tell recommended pP HUD. The project name is Art Ross, representing Dade County housing located on Mr. Art Ross: i structure for elderly project comprises being proposed is a five storyfacilities. - 17th Avenue between 1st and unatsstreet welluaswvarious hcommunity both elderly and efficien y Mr. Plummer: How many units involved, sir? Mr. Ross: There are fifty-fiVe units Commissioner. ive units. Do you have any ingress or egress on l7th Mr. Plummer: Fifty-five Avenue? Mr. Ross: Yes► sir. Mr. Plvner: I move to deny- e site plan. tt;r. Ross: We would be glad to show you th travel twice a day 17th Avenue. That streeress off of cannot more tra Mr. plunmer: Sir, I you want to block ingress and eg ffic. Now, if you have access to the take any it on the back street... do 17th Avenue and empty back? Mr. Ross: Yes, we do, ou, but other Yes, you got a street in there, I will listen to y Mr planer. it is just unbelievable on that • than that, sir, I want to tell you that street. Ferre: What to say about this? t does the department wa Mayor it. We have this Mr. Whipple: Well► we have no problem with permitting need for housing. Mr. P1turQner: Fine. soon remove the general commercial activity. Mr. Whipple: We would just as There is a potential in my opinion that... Mr. Plummer: That's not removing, that's a vacant lot, Mr. Whipple. if it was developed for C-4 as presently zoned,•I feel Mr. Whipple: Well, traffic under the C-4 there is a possibility to generate more conflicting zoning thar. with a residential zoning. � hays before Mr. Plummer: us. I don't disagree with that sir, but that s not w 30 Ste U Mr. Whipple: Well, it's a change of zoning. I mean, we are not looking at the site plan. Mr. Plummer: I understand that, sir. I know the rules of the game. Mayor Ferre: 0. L., alright, let's see if I understand it properly. Now, these people and that's vq too, want to build housing along 17th Avenue... Mr. Plummer: And I want to agree with them. Mayor Ferre: ... ok? And to build that housing they have identified these lots and they want to change the zoning from C-4 to residential R-4... Mr. Plummer: I have no problem. Mayor Ferre: ... which would then let them put up some buildings there. Mr. Plummer: I have no problem with that. Mayor Ferre: Now, the department agreed to it. The Planning and Zoning Board agreed to it unanimously. Mr. Plummer: That's right. Mayor Ferre: Now, you are concerned because it's going to further impact traffic on 17th Avenue? Mr. Plummer: Yes, sir. Let me recall, Mr. Mayor, and give you a very explicit point on 17th Avenue that we are living to regret. The project that started out as a housing project at 17th Avenue and Dixie Highway and I want to tell you if you travel that way at 5:00 o'clock in the afternoon as I do or at 7:30 in the morning, you play trying to get through that intersection, you bet your sweet bippie and most of the times you lose it. There was a person killed at that intersection last night. Now, all I'm saying to you, I'm all in favor of the housing. I want to change the zoning, but I can't take fifty-five more cars onto that street trying to get in and out on that street. I just was involved in an accident there last week. Now, if you make the ingress and egress to the backside where you are not directly impacting in the middle of a very long block--- Mr. Mayor, that runs from 1st Street to 3rd Street without an intersection on that side of the street. There is one dedicated, but not used. - Rev. Gibson: Not only that J. L., but you are talking about the elderly, that certainly isn't the place to have them be coming in and out. Mr. Plummer: Well, Father, it's no worse than 17th Avenue and Dixie Highway, you know and that's... but there they don't ingress and egress on Dixie Highway, f it's on a side street and I got no problem with that. Rev. Gibson: No, the point I make is, why wouldn't they let all that traffic go to the back as you have indicated? Mr. Plummer: Mr. Mlayor, I'm not going to move to deny, I'm going to move to defer and let them give some more thought to this matter. Mayor :,erne: Well, now, the utotion to defer would be until October 22nd? Mr. Plummer: October... whatever the meeting is in October. Mayor Ferre: Alright, there is a motion on Item 11 by Plummer to defer Item 11 until the 22nd has been duly seconded, further discussion, call the roll. TREREUPON THE FOREGOING MOTION Td DEFER ITEM NO. 11 to the next Commission meeting was introduced by Commissioner Plummer, and seconded by Commissioner Lacasa, and was passed and adopted by the following vote: "'FS: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. r 10. FIRST READING ORDINANCE: AMEND ORD 6871 ART III ZONING DISTRIC`PS BY ADDING R-T RESIDENTIAL TRANSIT DISTRICT Mayor Ferre: Alright, we are now on Item 12, which is an ordinance on first reading, the Planning Department's application to amend Ordinance 6871, Article 3 Zoning Districts by adding R-T, Residential Transit District. If no Legislative -action is taken by the Commission within ninety days and so on. This is the Planning Department's application. They approved it unanimously and so did the Planning Advisory Board. Is there someone here to speak on this matter? Is there anybody here to speak on this matter for or against? I assume Jack, you are for? Mr. Jack Luft: Yes, sir. Mayor Ferre: Well, I will ask again, is there anybody here to spea� for or against this item? Mr. Jack Luft: I'm here to speak for it. Mayor Ferre: Alright, sir, I shall recognize you and then Commissioner Plummer and the other members of the Commission. Go ahead. Mr. Jack Luft: This district comes from the Culmer Master Plan, Stationary Master Plan which this Commission adopted a year ago. It responds to this Commission's directive to come up with tools and techniques for fostering more housing, affordable housing and in particularly, near our transit stations. The R-T District provides greater flexibility in the siting the development of housing around this area. We require less parking. We allow greater densities. In general, we have found in our extensive discussions with development, community and property owners in this area that this is what everyone feels is needed to stimulate investment and redevelopment in a neighborhood that we think is strategically located for providing housing, particularly, people in the Civic Center area, Government Center area that are looking for housing that presently doesn't exist. The R-T District is, if none, to foster a more urban type of housing style closely relating to the street. It doesn't have a six story height limit so that we don't get into structures that wouldn't work well in a transitioning neighborhood of low density. I presume you have read the district. I don't know if it's necessary for me to go through all the details of it. Mr. Plummer: Mr. Mayor, I have no problem with approving the ordinance. Let me tell you what I do have a problem with, where it's applied. Mr. Mayor, I am informed, not officially, that they are probably going to be dropping in the City of Miami, three of the stations. Mayor Ferre: You are going to be dropping? Mr. Plummer: Ercipping three of the stations. One of those stations quite, possibly, Mr. Mayor, is going to he the -Vizcaya Station. Now, this is not official, but it is in discussion. It's pretty obvious, Mr. Mayor, that they are a hundred fifty-six million dollars short. Mayor Ferre: I got a solution. Mr. Plummer: Well, but it's called gambling or sales tax. Mayor Ferre: No, no, I'm going to talk about it right now. Mr. Plummer: Ok. All I'm saying is, Mr. Mayor, I'm going to go on record to approve this ordinance, but I want the department to know before it is applied _ to any given area, I want to make damn sure that we don't go applying this _ kind of zoning to an area that is proposed that does not in fact have a station. So, I have no problem with the ordinance. l r. Mayor, let me tell you and I want to bring up this afteinoon Metropolitan Dade County which is charged with the responsibility of City taxes to maintain main arterials have given Florida Power and Light a order to cancel every other street light on main arterials. 32 SEP 2 1,) 0 4F Mayor Ferre: Which means Flagler Street, 8th Street... Mr. Plummer: LeJeune Road, Dixie Highway, all of those are going to be out by fifty percent. Mayor Ferre: And guess who is going to be blamed for it? Mr. Plummer: well, but you see, that's where we have got to option out that .� thirty-three percent of the taxes that Metro operates on out of the City of Miami people. And I want to go into discussion on that later on in the day at the appropriate time. But my information tells me, Jack, that there are some two or three stations that are possibly going to be cut out because of whatever reason, the bottom line, a hundred fifty-six million dollars short of money. Mayor Ferre: Mr. Plummer, what we have before us is an ordinance on first reading. Mr. Plummer: And I have no problem. Mr. Luft: Commissioner, the... Mayor Ferre: Wait a minute, he doesn't have any problem... you want to argue with that? Mr. Luft: Culmer Station wasn't mentioned. Mayor Ferre: What? Mr. Luft: The Culmer Station is not part of that. k Mayor Ferre: Alright,... Mr. Plummer: I didn't say Culmer. Where did that come from? Mayor Ferre: Well, we are not going to cut our nose to spite our face. Mr. Plummer: No, no, no, wait a minute now, he has just brought something up. This ordinance is... oh, you are talking a._ -gut the "C" portion? Mayor Ferre: That's .right. Mr. Plummer: Ok. Alright, that's... Mayor Ferre: Well, what's the will of this Commission on Item 12? Mr. Plummer: I move 12A. Mayor Ferre: Now, there is a motion by Plummer on 12A, seconded by Gibson, read the ordinance, please. Call the roll, please. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, ARTICLE III, ZONING DISTRICTS, SECTION 1, BY ADDING R-T, RESIDENTIAL TRANSIT, AFTER R-5A, HIGH DENSITY MULTIPLE DWELLING; AND BY MAILING THE NECESSARY CHANGES IN THE ZONING 7 cam, <., DISTRICT MAP MADE A PART OF SAID ORDINANCE NO..,', 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT A14D CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Gibson and passed on its first reading by title by the following vote: AYES: Mr. Plumper, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Ms. Carollo. ABSTAINING: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 33 S C p 2 4 '1 % 81 N r 11. FIRST READING ORDINANCE: Mayor Ferre: Take up Item 12B. Mr. Plummer: Move. AMEND ORD. 6871 ART. X-2 RESIDENTIAL TRANSIT R-T DISTRICT Mayor Ferre: Plummer moves, Lacasa seconds, is there further discussion? Anybody wish to speak to this? Alright, read the ordinance, call the roll, Call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY ADDING A NEW ARTICLE X-2, RESIDENTIAL TRANSIT R-T DISTRICT, AND BY MAKING THE NECESSARY CHANGES IN THE ZONIIIG DISTRICT MAP MADE A PART OF SAID ORDINANCE N0. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa and passed on its first reading by title by the following vote: AYES: Mr. Lacasa, Mr. Plummer, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. ABSTAINING: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 12. DISCUSSION & DEFERRAL: APPLY NEW R-T RESIDENTIAL TRANSIT DISTRICT See Label 18 - same TO AREA BOUNDED BY N. W. 7 AVE TO 10 AVE. meeting & N.W. 11 to 14 STREETS Mayor Ferre: Now, Plummer, you got a problem with 12C? Mr. Plummer: Well, do we... are they in the ground for that station? UNIDENTIFIED SPEAKER: They have purchased this entire site. Mr. Plummer: No, no, in the ground? UNIDENTIFIED SPE.AKY.R: They have not begun construction. Mr. Plummer: Then I would like to defer 12C until such time as at least an engineering contract is let or something other than buying the ground. UNIDENTIFIED SPEAKER: They are out to bid right now on that station. Mr. Plummer: Fine, when they come back bring this back. That's my feeling. 34 ;, SEP 2 /J ,+ i:.81 Mayor Ferre: Well, let me ask. is this in anyway going to hurt? Mr. Plummer: No. UNIDENTIFIED SPEAKER: Well, we have got a developer ready to go who has purchased land and who is under some very serious time constraints under financing and wants to build the kind of housing we are promoting here and... Mayor Ferre: Iioui many units are we talking about? (BACKGROUND COMMENT. INAUDIBLE) Mayor Ferre: How many? UNIDENTIFIED SPEAKER: Sixty. Mayor Ferre: Is there any, even the slightest chance of us jeopardizing those sixty units by stalling or delaying? Because I will tell you J. L., I want to help you and I want to go with you... Mr. Plummer: It's not a matter of helping me. Mayor Ferre: well, your... what you are explaining here. But on the other hand not at the expense of jeopardizing sixty housing units. UNIDENTIFIED SPEAKER: This station has never been part of the discussions of that particular issue. It's been Santa Clara, Viscaya and Brickell. Mayor Ferre: Jack, I have asked you a very explicit question. Are these sixty units going to be in anyway jeopardized with the deferral... I mean, is there a jeopardy in the financing, in the legal? Is there any kind of jeopardy for those units? Please, put it into the record, because I need to understand. Mr. Luft: The expression from the developer to me is "yes" that would be the case. Mayor Ferre: Well, let the developer please come forward and... is this the... Ma'am are you the developer? Ms. Jean Dolan: Yes, may I speak? Mayor Ferre: Yes, you may. Your name and your address. Ms. Jean Dolan: J am Jean Dolan and I'm President of Dolan Development Properties. When we had this hearing here with the Commission this Spring concerning housing and lower rental units and cost, we became interested in this area which we consider to be a very abandoned area. Mayor Ferre: Speak to ..he question. Ms. Dolan: Yes, it does jeopardize us. Mayor Ferre: How? Ms. Dolan: We have been waiting from this Spring because we cannot put the number of units there. we own several parcels. There are different zonings on the different parcels. What we are asking for only duplicates what is presently there and has been built before. Mayor Ferre: Now, answer the question. Why are you jeopardized by putting this off until the 22nd of October? Ms. Dolan: Because we have been ready build since July 1st. Mayor Ferre: Would this hold up your constr-action schedule? Ms. Dolan: Yes, it would and if we have to wait until the first of the year at the cost of prime plus two it raises the cost of what we are either going to rent for. Mayor Ferre: nk. Alright, J. L. ? SEP 24T01 r' r Mr: l►lummef : Question Ma'air. Howh1afty unite can you build withbtit this change'? M Dolan: Approximately nine, Mayor Ferre: Nine? Ms. Dolan: Yes. Mr. Plummer: I think some consideration should be given to the amount of density. They are going six times what's permissive and I'm not going to vote. I have not seen their project. I don't think anybody else has. But if they can build presently nine and they are putting sixty, the one thing we don't want to encourage is the wrong kind of housing and six times more than what is presently permitted to me is... I'm concerned. Very concerned. Ms. Dolan: Just a moment. Commissioner Plummer,... Mr. Plummer: Yes, Ma'am. r Ms. Dolan: I think that my saying six is incorrect. We own several different parcels. on different parcels we can build varying numbers. We are not going to build to the capacity of what they are even recommending here. When we went and talked with them, Mr. Luft, looked at the project and it was recommended that we build a five story, two underground parking type building. That is not what I'm interested in, because in my opinion density is not always the answer. We are looking for a rentable item. We are looking at three stories at the most and we are looking at the same type of thing that has already been built there successfully, rented successfully. We arn not going into a big building project of a lot of density. Mayor Ferre: Well, what type of housing... Alright, Commissioner Lacasa. Mr. Lacasa: Let me ask. Jack, you remember that about a year ago, I requested the City to do a study of areas where we could use our ability to change zoning to grant variance, specifically, the one of density, to make projects of this nature feasible from the economical standpoint of view. Based on the fact that we, the City don't have the money to do it and if we can entice the developers to... private developers to come and do it and help us solve the question of housing in the City of Miami, that could be away to do it. Would you say that this area is one of those areas that you would recommend? Mr. Luft: Absolutely. Mr. Lacasa: Absolutely. Well, I am all for this then. Mayor Ferre: Let me ask Ms. Dolan... go ahead. Mr. Lacasa: Based on those premises, Mr. Mayor, that the only thing we could at the City level is to be flexible enough to make this type of project feasible from the economical standpoint of view. If we want housing, this is one of the ways to get it. Mayor Ferre: Alright, let's... Rev. Gibson: I want to ask... Mayor Ferre: May I for a moment just ask Ms. Dolan and then I will recognize you. Ms. Dolan, let me understand this. Now, you are a private developer? Ms. Dolan: Yes, we are. Mayor Ferre: And you are using private funds in this? Ms. Dolan: Absolutely. Mayor Ferre: You are not using any... you don't have any government subsidy of any kind? Ms. Dolan: No, we do not intend to ever seek any. Mayor Ferre: Alright, now, are these going to be rental units? 36 SEP 2 41981 s Ms. Dolan. Yes, they are. _ Mayor Ferre: Alright, now, these rental units that you are going to build in this area what type are... What size are they? The sixty units. How many square feet? Ms. Dolan: A little over five hundred per unit. They are aimed at the single worker in the Civic Center area that needs housing currently. We have been working with mr. Flann at Jackson. We have also been working with other people in the area and we feel when Commissioner Plummer is concerned with rapid transit we had to Tool: at this project when we had the opportunity to acquire the land, that it will be successful with or without the rapid transit. Mayor Ferre: Thaiik you, I think you have answered my question. Now, Jack, in your considered opinion and in the administration, we are not going to end up with slum housing here are we? Mr. Luft: Well, I should hope you would trust my experience in this matter that we wouldn't do that. Mayor Ferre: Sir, I'm asking you a simple question and if I didn't have confidence in your expertise, I wouldn't ask you the question. Mr. Luft: No, sir. No, we have more than adequate open space provisions that are at least as generous as the current requirements. We have additional landscaping requirements. We have site plan and design review in this district, which we don't have now. I'm convinced we have more than enough safeguards to prevent abuse. Mayor Ferre: Alright, now, let me then just make a statement into the record. This Commission and this community has been pleading desperately for people to building housing and unbelievable to me is that over the past several years we have been unable to get the government, would you believe, to come in and build this type of low cost housing in the urban city. We have been... what we have gotten is a pittance. Now, I have made a dozen trips over the past three or four years to Washington pleading, cajoling, doing everything to get housing and I'm very happy to say that thrc sgh the efforts of the City of Miami there will be eight hundred thirty-four apartments that we would not have had if had not been for the City of Miami, even though we don't have any responsibility for housing. In addition to that, we have gotten money for eight hundred rehab units which we are doing now. Thanks to the City of Miami, which has no responsibility, no legal responsibility for housing. Now, here comes the private sector and they are going to put up sixty units. God bless you. I wish to God d. Now, I'm ready to vote on this. we could multiply you by a hundre 41 Rev. Gibson: Mr. Mayor, I'm concerned... have you talked with all of the people s -� in that area? Mr. Luft: Commissioner, we have had eight meetings in the Culmer area attended by a couple of hundred residents. We have mailed out letters to everyone eight times. We have talked to everybody. Rev. Gibson: I hear what you say. I hear what you say. Now, have ;:7u talked with the people in that area? Mr. Luft: we have talked to the people in that area at least eight times, yes. Rev. Gibson: Did you talk with Jackson Memorial Hospital people and Cedars of Lebanon Hospital people? —� Mr. Luft: Yes, sir. A,ev. Gibson: 6,11at I'm trying to get this Commission to understand is that housing will affect those institutions. Right. And let nobody kid you. What they are telling you... you know where Am ericable and all that crew is going to be? They will be right around. That's what that means. Oh, yes. I'm concerned that they... _ - I want to know that they know. Mr. Luft: They know. 3/ SEP Z 419181 f F it6ii: Gibson: Could you prove it to me? Mr. keid: I can respond to that. Mr. Luft: I don't have the minutes of the meetings with me, but... Mr. Reid: I can respond to that, Mr. Commissioner. We had a Civic Center area plan that was approved and covered this project area. It was discussed explicitly with each and everyone of those institutions and they are supportive of the housing being built to provide a place where their workers can be housed. This building additional housing in the Civic Center area was part of that plan. It i was discussed explicitly with everyone of those institutions. Mr. Plummer: This particular project. Mr. Reid: The plan calling for the rezoning of land around the Culmer Transit Station area which is... which permits this project and other projects. Mr. Plummer: I am talking about projects with five hundred square feet. Mr. Reid: Mr. Commissioner, what was talked to them about was the transit station area plan which permits housing of this type. Rev. Gibson: Well, you see, I understand what you are saying fully, but I didn't think you thought I understood. I personally, believe that if you are going to do this you ought to have Jackson Memorial people and Cedars and all of those make sure that we understand that they understand. That they know. The reason I say that is if you put that housing there a.ad that housing creates the kind of a problem that a project can create for those institutions, we have negated all the value and good of those institutions. That's right. Mr. Fred Frann: Mr. Gibson? Rev. Gibson: Yes, sir. Mr. Flann: May I address the Commission. My name is Fred Frann. I'm administrator of maintenance, construction and medical center planning at Jackson Memorial Hospital. I would like to verify what Mr. Reid told you. I hold in my hand the Civic Center Economic Study and analysis that we,the City and the University of Miami School of Medicine sponsored back in 1979-80, the essential purpose of which was economic development, housing, residential quarters, other businer,es in the general medical center area, which we are trying to stimulate. Today having housing for nurses, physicians, intern—.esident and medical students is so terribly important to our welfare in the mec .-.-al center. So, we generally support any project that you will approve and the City has recommended, yes. Rev. Gibson: I understand what you are saying, but I don't think you understand what I'm saying. You know, I think Plummer and I and maybe the Mayor, the two or three of us, we understand what happen to that whole Jackson Memorial Hospital area. That's right. I used to live. on 21st Terrace and 6th Court. You know,... how long have you been here? Mr. Flann: I, sir? Rev. Gibson: Yes. Mr. Flann: Eight years. Rev. Gibson: Ok, then Man you don't even know... you don't know nothing about what I'm talking about. Look, I'm just saying that I would feel so much happier... Ma'am, I want the housing. We need it. I would feel so much happier if I knew that those people had been invited and they had join-d you. You know, you want me to tango... you see, I don't buy that kind of dancing you all do now where everybody gets out on the floor and dances his own thing. The way they used to tango is you corne up and say "Look, you know, may I nave' a darice?" we don't do that no more. We just hope it's going to accident.ially happen. And I thought that if they were Uit.-re, that if they were here saying that there would riot be... Later on they can't say. I remember... 1'red iinaudiblc), renemlher all those men about Jackson_ talking about all that business? Sir, it wouldn't have hurt you at all if you had gone to them and said to their "We are going to Miami City Commission this morning"... I'm talking about you, Ma'am, because you are the developer. "We are going to Miami City Commission this morning and this is 38 SEP2419 ` Si what we are going to do. We need you to be present for moral support". Keinefter that hospital didn't always belong to the County, that hospital used to belong to the City. Mayer Ferre: Let me see if I can offer an alternative that might satisfy you, Father. S »ppose we gi..ve them the rest of the day and then you come back here this afternoon and T third- you can maybe get on the phone and just... and get some letters fro-n Cedars of Lebanon... Rev. Gibson: Right and Jackson. Mayor Ferre: ... from Jackson Memorial. I think you... I understand. Mr. Luft: I asked Mr. Frann to convey the information that we met in his office with Cedars, with veterans, with Jackson, with Miami. We had the plans on the table, all of the representativ(ss saw it. Mayor Ferre: Father, wants you to put it in writing. Would you do that? Rev. Gibson: You know, you ever heard about black and white don't lie? You ever heard that? Once you write it, even when the guys get mad and don't agree all we have to do is search the record and say "Well, you know, this is your writing. Mayor Ferre: Alright, sir, would you... Mr. Luft, would you immediately proceed on that basis and come back later on this afternoon with that in writing and then we will take this item up at that time? Mr. Luft: Cedars, Veterans... Mayor lr This is Item 12C. Rev. Gibson: Right. Mayor Ferre: He wants it in writing, don't you understand. Rev. Gibson: And you even have the Miami Dade Junior College which would be affected by that development. ® Mayor Ferre: In other words, I think you can get a simple letter which you can get signed by Jackson Memorial, Cedars, the Veterans Hospital and the Dade Junior College. I think you can do that... Rev. Gibson: And even the School Board because they have that big building from 7th Avenue to 10th Avenue and they are from about... well, you know the streets, I used to know. Mayor Ferre: I think you can do that. That's not... that's a matter of two or three hours if you get on the phone right away and do it. Va-. Reid: Mr. Mayor, legislatively could we modify that to you know getting a statement in support of the project, reading it to them, getting their concurrence, because getting A signed letter from each of these administrators... Mayor Ferre: Well, I think Gibson wants the names of the individual that were... Mr. Reid: Who was at the meeting and who agreed to the... Mayor Ferre: That's correct. And I think... that will be satisfactory want it? Rev. Gibson: Right. Mayor Ferre: Alright, and I think... and theme is no reason why you can't accomplish that today. We are going to be here for a long time. Rev. Gibson: All you have to do is, you know, do the courier business. Mayor Ferre: Alright, we are deferring Iteia 12C until later on today. 39 SEP 2 41981 C 13. FIRST READING ORDINANCE: AMEND ORD. 6871 BY ADDING INCINERATORS ON HOSPITALS AS A PRINCIPAL USE ART. IV., SEC 36 & ART. XXII SEC. 10 (5) Mayor Terre: We are now on Item 13, which is a Planning Department application to amend ordinance 6871 by adding incinerators on hospital sites as a principal use. The Planning Department recommended denial. The Planning Advisory Board recommended denial. Is the applicant here? Mr. McManus: It's a Planning Department application, Mr. Mayor. Mayor Ferre: Well, how can the Planning Department make the application and then recommend denial? Mr. McManus; Let me explain that to you, Mr. Mayor. Last May there was... this Commission approved a request of Jackson Hospital to allow on site incineration solid waste as an ancillary use. At that point the Commission directed the Administration to proceed to offer changes to the Comprehensive Zoning Ordinance that would allow on site hospital incineration of solid waste as a principle use. Per your direction, we have taken... formulated the language taken it before the Planning Advisory Board with our recommendation for denial and the Planning Advisory Board also denied. Now, in substance, what this would allow if you choose to adopt this, would be that a hospital such as Jackson could have on site incineration as a principle use and other hospitals in the area could truck their solid waste to Jackson to be incinerated at Jackson. And for that reason we have recommended denial, Mr. Mayor. Mayor Ferre: Why? Mr. Plummer: Why? Mayor Ferre: You haven't explained that. In other words, you would rather have it sent to Orlando, is that it? Mr. McManus: We are suggesting that there is an infectious waste in the incinerator currently located at Dade County land fill on Northwest 58th Street. There is another... Mr. Plummer: which is proposed to be closed. Mr. McManus: There is a fifty ton incinerator for hazardous waste material at the Blackpoint site and the Dade County Resource Recovery Plant at Northwest 58th Street, also includes a three ton per day pathological waste incinerator. Now, it would occur to us to be more logical to use the County facilities for the disposition of hospital solid waste rather than trucking all that waste over to Jackson. Or let me offer this to you, Mr. Mayor. Mayor Ferre: In other words, there are alternative other than going to Orlando, is that what you are saying? Mr. McManus: Yes. Rev. Gibson: And not only that. Let me raise another question. This is along with the danger of keeping old people around. You remember how people in the County made us close down the City incinerator over there on 12th. You remember that? Oh, I certainly do. Right. Sir, I saw you, you were going to talk in behalf of this? You were going to talk in behalf? Maybe I should have waited so I could have heard what you said, so I could say to you "How long have you been here sir?" Mr. Plummer: Stand up, I can't see you. Rev. Gibson: Yes, go to the mike. Right. I think I am entitled to that. Mr. Angel Alvera: My name is Angel Alvera and I am the Director or Administrator in the Environmental Service Department at Jackson Memorial Hospital. How long �8 7 have I been here in Miami? Six years. In the United States? Twenty, Pev, Gibson: Alright, ok, let me take the six years. Just go tight where you are now at Jackson Memorial Hospital and look on 12th and you will see that great big incinerator. Mr. Alvera: Across from Jackson, you mean? Rev. hibson: Yes. And everybody swore to God that we all were going to die and go to hell. Read the record. You see, that's why I tell that lady that's why I want them up here... I want them to sign those papers so later on the man or tdo n or either who follow me could say "But you signed it." Now, note what they to us. They made us truck all of our garbage and all that other business out there to Key Biscayne. You don't know that, do you? Mr. Alvera: No. Rev. Gibson: Oh, well listen, my Brother, go read and we have a prayer, read, _ mark, learn and then we digest. I'm going to agree with the department. I offer a motion to deny. Mr. Alvera: May I speak in behalf of this issue? Mayor Ferre: I will recognize you in a moment, but we do technically have a motion on the floor now and we have to get a second to the motion. Is there a second to the motion? Is there a second to the motion? This is the motion to uphold the department and the Planning Advisory Board's denial. Is there a second? Mr. Lacasa: Yes, I will second the motion. Mayor Ferre: Alright, there is a second on this motion. Now, under discussion. Sir, I will recognize you to explain why it should not be denied. Mr. Alvera: First of all, I would like to say that the situation came up in all the hospitals of Miami, not only all the hospitals in Miami, but all Dade County hospitals also. The situation where we worked out some agreement with the City of Orlando. We were transferring some infectious waste through our streets, through our highways and taking them up to Orlando. Now, the City of Orlando set up a deadline by which Dade County gave permission to one of the rivate individuals thatat a fee, they are burning right now round four or five tons per day. I may say that he doesn't have the total... not only Dade County, but also Broward County or City capacity to burn all the hospitals. And I may also, say that we at Jackson have two incinerators. We are going mainly to burn our own trash and our own infectous waste and pathological waste. This is our main purpose, ok? But we cannot turn our backs to the rest of the Dade County or City of Miami hospital. Not all of them are incinerating on that 58th Street incinerator and we had about a week ago a meeting in South Florida Hospital Association where we all agreed that they will take part in this until they can get their own small incinerator. So, this is all I wanted to say and I don't know anything from six or seven years ago, I know what's going on from two years ago up to now. Rlso, the... one of the hospitals also heavily involved in this is the Mercy Hospital, ok, which got a great capacity. So, I am presenting the situation how it is. Now, I can dwell on infectious waste and I can dwell on the... I can dwell on also, the risk that you are taking ok, by not having some other hospital come to Jackson and burn their infectious. waste. We are trying to minimize this for heaven sakes. Thank you, very much. Rev. Gibson: Let me say, sir, I'm not going to holy your 'hein, here six years ago you. All you have to do is to go on loth Street between loth and where you are located and you will see why that incineration problem is so real in my mind, because it's adjacent to your hospital and we had to give ui_ over there by the federal government hospit"-... you see, this is what I keep saying to people, if you keep us old timers around here and when all the new people come in and say "Oh, the world is coming to an end.", son"e of us found out that the world didn't come to an end and therefore, here we are. Nov., I woul('; hope that this Commission... I will tell you this. If you were going into another city those people would have been down, here in thousands saying "Don't do it" and because this is the City of Miami and most of the folk moving out, you know, running say "Well, ok, it's alright". I want to protect the City of Miami of some of the distasteful things that, you know... ok, you know, that's how I feel. 41 5EP 2 41J81 Mr. Alvera: Mr. Gibson, ok, incineration is not a problem, ok? Complete incineration is not a problem Mr. Gibson. You eliminate, you practically eliminate the risk of infection when you incinerate. The problem with the air pollution i.s not total incineration, ok? Because if you double or triple incinerate as gases come up you are not going to get any residue going to the atmosphere, ok. Now, this I don't know, ok, but my colleague says that the incinerator across from Jackson was called the "Old Smokey", ok, but the risk... Mr. Plummer: No, the "Old Smokey" was in the Grove. Rev. Gibson: I lived with both of them. Mr. Alvera: The risk is in not incinerating this infectous waste, ok. That's the risk. Mr. Micheal Murphy: My name is Micheal Murphy. I'm the Director of Plan Operation at Victoria Hospital and Jackson Hospital has offered to take a lot of the other hospitals and incinerate our infectious waste. In the last six month to a year our cost on transporting infectious waste and in doing something with them has escalated rapidly. It means that each hospital would probably have to invest sixty, a hundred thousand dollars for their own incinerators. By utilizing Jackson's incinerator they will be able to get some energy savings by manufacturing the steam, yet let us dispose of our infectious waste at a reasonable cost. Mr. Pl.:mmer: They used to pay us eighty-five thousand dollars a year for the steam, but they closed us. Mr. Murphy: This unit will have a heat recovery system on it sir and it will... so, it will benefit several people. Mayor Ferre: Let me understand, you know. Let me tell you... and I have a feeling I'm going to be the minority in this one. : want to tell you something. That's fine, you know, hey... you know, just like you and like others we stand on what we believe. Now, even though it might be a majority or one. Let me.... This is a City. It's not a town anymore. This is a city. I don't care what happened here when this was a town twenty or thirty or four hundred years ago when there wasn't even a village here. This is a city now. We are trying to be a city. Now, the question that I have is this. Mr. Reid, I'm going to ask you... I mean, as people :ere talking here, you know what I was thinking of? I said we want to compete with San Francisco and Atlanta and we want to compete with New York and Boston and Philadelphia and Cleveland and what was going through my mind is, if the City of Boston... would the City of Boston make the hospitals... Massachusett General Hospital, Brigham Young and all the big hospitals in Boston take their waste material out a hundred miles or fifty miles from the center of the city or would it permit... we are bringing in... we go down to the Caribbean and into Latin America and we say "Don't go to Houston. We got hospitals here in Miami that are just as good." We are appealing to those people to make Miami the big medical center of this region and now, here we are this big city and we don't want to help these hospitals to solve a basic problem that they have. Now, the only way that I would vote against these people having the right to incinerate these materials that are toxic or not, but have diseases or whatever germs and what have you, is if there is a health hazard or if it is going to pollute the envirorurBnt. Now, I get... Now, if you tell me that there is no health hazard, number one and if you tell me that the smoke that comes out of that stack is no more than ten automobiles pollute or twenty automobiles... Now, I'm going to tell you something, I'm going to fight as hard as I can for us to join the ranks of being a city and this is one of the many little steps that we have got to take to do that. Now, I have a specific question to you, Jim, because... through you to whoever you want I have got those two questions? one, is there any, any concern about infection? And two, how much smoke or Pollution or damage will this small incinerator for just certain types of materials--- they are not going to incinerate everything. They are going to incinerate gauzes and things that come out of the operating table and that kind of stuff for how many hospitals? I would imagine that we have got ten or fifteen hospitals in the City of Miami. Mr. Flann: There is about twelve that are going to compete... are going to use this service. Mayor Ferre: Yes. The hospitals in Miami, gentlemen, are not in the Palmetto Expressway. There maybe one or two out there, but the hospitals of this community are right here in River City, ok. Right here in the middle of the City. P .12 �. =1u1 J c- nse in res to our question. Number one, we do not Mr. Reid: Mr. Mayor, po Y have expertise in the infection issue, but I would assume the hospital would not be asking us to improve an incineration process that included infectous waste. Mayor Ferre: Mr. Reid, answer my question. Isn't there a department in the Floridan and these United states that deals specifically with that issue. That°s not within our jurisdiction just like doing Coast Guard work is not within our jurisdiction. Aren't there departments that would prohibit these people from burning materials that would create disease? Mr. Reid: The State Department of. Environmental Regulation was working with Dade County would, yes. Mayor Ferre: So, the answer is, they couldn't do it if that was a disease. Mr. Reid: Well, the answer is, also, Mr. Mayor, as I was suggesting that hospitals were in the business of curing people and I don't think that they would be supporting incinerators that spewed infectous waste into the environment. Mayor Ferre: Is there infectious waste in the enviroment by letting them burn? _ Mr. Reid: Mr. Mayor, the issue is very direct. Number one, we have permitted Jackson to burn it's infectious waste. Che Commission did that... Mayor Ferre: But you are not going to let Mercy Hospital do it? Mr. Reid: We have permitted Jackson to do it, number one. Number two, we do not believe as you have indicated that somebody ought to truck it a hundred miles. There are alternatives in this metropolitan area for that infectious waste to be burned. Alternative sites. The question is, do we want the City of Miami to perhaps be the only recipient of... in terms of burning of infectious waste..... Mr. Plummer: That's not the case at all. Mayor Ferre: You know, I would be happy to limit this to just hospitals within the boundaries of the City of Miami and to hell with Palmetto and the other hospital, let them go out and burn somewhere else. Mr. Plummer: Look, Mr. Mayor, le' me bring out a point that... because this item has been here today before. Here is the story today. Any hospital in the City of Miami today can put their own plant. They can build their own as an accessory to their hospital. That's permissible. Now, do you want a single facility which all of the hospitals in the City bring to or do you want twelve incinerators, one at each hospital? They can build them today. Mercy can build theirs today as an accessory use. Victoria can build theirs today. The rest of the hospitals can build them. That's permitted under today's ordinance. To me one facility is better... Mayor Ferre: Which is better? Are you saying that twelve is better? Well, wait a minute, you just brought up a subject which I hadn't thought of. Suppose that this stuff on its way from Mercy Hospital to Jackson, that one of those bags gets, you know, drops out in the middle of the street? Mr. Pl,u=er; It's no different than going two hundred eleven miles to Orlando. Mayor Ferre: Ok, thank you, sir. Thank you, you don't need to tell me anymore. Let me ask yc%i... I asked two questions... (STATEMENT OFF PUBLIC RECORD) Mayor Ferre: You have not answered my question, sir, Mr. Reid. I have asked you two questions and they have not been answered. There is a second question, that has not been addressed. Mr. Reid: Mayor, would you mind repeating? Mayor Ferre: I asked two simple questions. Is there a danger with infection and will there be pollution? Please answer my questions. Mr. Reid: In terms of pollution, Mr. Mayor, our objection is not on the grounds of pollution or infection. our objection is rased on this being the sole repr>sitory in terms of traffic and trucking into this facility in the City of Miami. 43 Mayor Ferre: Mr. Reid, is there anybody that you have in your department )r here that can answer my two simple questions which you seem to be Evading. Or avoiding, I'm sorry, I don't to... that you are avoiding. Please answer my questions. Mr. Reid: In terms of pollution we do not have concern. That again, would be handled by the County and a State agency. Mayor Ferre: So, we do not have before us either a pollution problem or an infection problem. Is that correct? Mr. Reid: To the extent of air pollution. If, of course., the case that Commissioner Plummer had indicated or you indicated, if a bag dropped off and so forth that would be a definite health problem. Mayor Ferre: Alright, sir. Are there any further statements, questions? Mr. Plummer: Well, Mr. Mayor, the only thing I want to make sure is the point that you brought up and that is that Jackson is going to enter into a contract .with these other hospitals. Now, what assurances do I have that, you know, big brother over there isn't going to say to Victoria "Well, I'm sorry, we can't do it because we are going to be doing Palmetto" and they say to Mercy "We can't do it because we are doing Mount Sinai and Saint Francis. I'm concerned with my people, my ordinances relating to my people. Especially, Mercy, I own half of it. Mr. Fred Frann: My name is Fred Frann, Administrative Maintenance, Construction and Medical Center Planning at Jackson Memorial. I can certify to you that in improving the purchase of the incinerators for J. M. H. which are now being installed, the Public Health Trust reviewed the proposals by staff, reports by the Department of Energy Resources Management certifying that this incineration is safe, meets pollution standards and so forth and that we were cognizant of the needs of our sister institutions who have the problem now and may have for the next two to three years until possibly they build their own incinerator. We were willing to and we certified our willingness to have sell, in effect, services to our sister hospitals in the City of Miami. Rev. Gibson: Well, Mr. Mayor, now that I know that all the others can get the same thing I would rather go to pass a law to let Jackson do the burning for all of the hospitals in the City of Miami. All of the hospitals in the City of Miami. Now, I just don't think we could always forever... let's take the water system, you see, I have some real feelings... The water system used to belong to us. All of a sudden... 'Mayor Ferre: Father, let me see if I can interject this, if I may. I think if we pass this, if it's the will of this Commission to do so, that we do it with a preference to hospitals in the City of Miami. That if they have any over capacity after they have taken care of the hospitals in the City of Miami, that the next preference be from hospitals from the East that are going West, because they are going to traverse the City of Miami. And lastly, I think that we should leave those hospitals that are... that would have to travel in other directions out. I frankly, think we are going to have to take into account the hospitals on Miami Beach. Namely, Saint Francis, Mount Sinai and what the name of that... and the Heart Institute. Those three hospitals... Mr. Plummer: South Shore. Mayor Ferre: And South Shore. I said Mount Sinai, Saint Francis, Heart Institute and South Shore. Now, I would... specifically, now, I frankly, think with all due respects to... and we all have friends in these different hospitals, that the hospitals at the Palmetto General and the Hialeah General and all these things are really going to have to solve their problems on their own. We are not going to be able to solve.... because otherwise, then, Miaini is going to become the dumping ground for all... you know... so, I thin?: there has to be a limitation to this and the limitation in my opinion should be hospitals within the City of Miami and secondarily those four specific hospitals in Miami Beach that would anyway cause a problem because they would be traversing the City of Miami to go out West. Mr. Alvera: Mr. Ferre, can I answer you. We have been working with these hospitals. In fact, we have been working... we have been trying to work with all the Dade County hospitals, but our main concern has been Jackson #1 because .14 SEP 2 41981 0 0 the nianber of indigent patients that we treat a vervday. vlus............ Mr. Plummer: Took, all I want you to do... I will make a motion to approve, but between now and the second reading I want a letter from the Public Health Trust stating for the record that they will allow all of the hospitals in the the City of Miami to use that facility. Mr. Alvera. It will be done sir. Mayor Ferre: Wait a minute. Rev. Gibson: No, no, no. Mayor Ferre: Second. would you accept this also as an amendment? Second, that we also get a letter that the hospitals that are within the boundaries, the City boundaries of the City of Miami would have first preference and that their needs must be taken care of before anybody else is accepted. And thirdly, that other than City of Miami Hospitals the only hospitals that we would accept are the four hospitals in Miami Beach or any future hospitals where the travel to the,.. would be through the City of Miami. In other words, it would have to be limited to just the Miami Beach hospitals and then let the other hospitals take care of their problems somewhere else. But that takes care of the core City area. Mr. Plummer: I incorporate that into my motion. Mayor Ferre: Alright, there is a motion, is there a second? Rev. Gibson: I second. Mayor Ferre: Alright, there is a motion and a second, further discussion? This is on first reading only and with those stipulations to be corrected by second reading. Rev. Gibson: Now, I second the motion. I want to be fully aware that the first priority would be all of'the hospitals in the City of Miami. This is the way I am going to be voting. Tho first priority is all the hospitals in the City of Miami. Secondly, the hospitals on Miami Beach which would have to traverse through the City and that's it. I mean, I'm not going to have no thirdly, because they could... Mayor Ferre: They can go somewhere else. Rev. Gibson: Right. I just want to make sure because you know... Mayor Ferre: Further discussion? Read the ordinance and call the roll on first reading only. Call the roll and let the record stipulate that there was a... in the vote there is incorp . 'red three specific items that Mr. Plummer Put into the motion and that must addressed prior to the second reading. Call the roll. ON ROLL CALL: Mr. Plummer: Yes, and I would like to tell the City Manager I know where they can buy an old incinerator. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ZONING ORDINANCE N0. 6871 THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI AS AMENDED,BY AMENDING SUB -SECTION (2) SECTIONS 36,ARTICLE IV -GENERAL PROVISIONS, BY ADDING (INCINERATORS ON HOSPITAL SITES AS A PRINCIPAL USE PROVIDED THAT SUCH USE SHALL BE LIMITED TO THE HOSPITAL ON SITE AND OTHER HOSPITALS LOCATED WITHIN THE CITY OF MIA14I) IILMEDIATELY _ ,Fu AFTER "HOSPITALS" IN THE FIRST LINE, AND BY DELETING SUB -SECTION (5) , SEC'1,1011 10, ARTICLE }D(II- PERFORMANCE STANDARDS, AND INSERTING IN LIEU THEREOF A ►NEW SLn-SECTiviv (J) TU kLAU AS 1�ULLU1�'S: f, REDUCTION OF GARBAGE, REFUSE, OFFAL AND DEAD AN INALS : EXCEPT THAT INCINERATORS MAY B1: PERMITTED AS A PDTMrInAT, "c r 0" A FOSPITAL SITU. SUBJECT TO THE 45 PRO CEDURES OF ARTICLE IV GnNERAL rROVISIONS, SE(;'lION 36, AND BY MAKING TU E NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRITTION IN ARTICLE ITT, SECTION 2 THEREOF, BY REPEALING ALL ORDINAT-CES CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILTTY CLAUSE. Was in roduced by Commissioner Plummer and seconded by Commissioner and passed on its first reading by title by the following vote: AYES: Mr. Lacasa, Mr. Plummer, Vice -Mayor Gibson and Mayor Ferre. NOES: None. Gibson ,ABSENT: Mr. Carollo. •ABSTAINING: None. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. 14. DISCUSSION & DEFERRAL: CHANGE ZONING AREA BOUNDED BY N. W. 8TH thru LOTH AVES from 17 ST to WEST DUNBAR SCHOOL & APPLIC'ATION BY JACYSON HOSPITAL FOR CONSTRUCTION PERMIT ETC. Mayor Ferre: We are now on Item 15. This is an application by Jackson Memorial Hospital to change the zoning in the areas around Northwest Sth thru loth Avenue and Northwest 17th Street and West Dunbar School site from R-4 and C-1 to GU. Now, the Planning Department recommended approval and this was unanimously approved by the Planning Advisory Board. Are there any people here who are against this? Any opponents. Alright, we will recognize you in a moment Senator. Would the Proponent therefore, make a statement and then I will recognize the opponents. Mr. Frann: Mayor Ferre and members of the Commission, once again, my name is `Fred Frann. I'm Administrator of Maintenance, Construction and Medical Center Planning for the Public Health Trust and I appear here today on behalf of the Public Health Trust of Dade County which of co•_rse, operates Jackson Memorial Hospital and other institutions, which is the sponsorer of the project and the ,ordinance before you. We are planning to build a future parking garage #2 as we call it and its accessory uses, including limited commercial space and residential apartments. On behalf of this project we went before the Zoning Board and the Planning Advisory Board. We were successful in those areas. May I also remind you, please, that I am authorized to speak on behalf of the University of Miami School of Medicine, the Bascom Palmer Eye Institute, the Anne Bates Leach Eye Hospital, the John Elliott Blook Bank Building, the Parkinson Institute and Miami Dade Community College Allied Health Sciences on the corner of loth Avenue and 20th Street. All of these will be impacted by our proposals. And I also presume to represent, because there is no one else to speak for them the thousands of people, employees, staff., students, visitors, patients who come to our medical. center. And as a point of information, I would like to indicate that of the eleven hundred fifty patients in our beds evc.-yday End the average of six hundred people in our clinics everyday and the average of three to four hundred people who come into our emergency department everyday approximately sixty percent of them are residents of the City of Miami. As many of you know the Decade of Progress Bond Issue was passed by the people in 1972 and J. hi. H. under the direction of the Public Health Trust has been rebuilding itself and have conenitted a hundred fifteen millions of dollars in the past few years on this site' to rebuild and grow. We already built garage #1 as part of that plan which is in use and as long ago as 1966 when our master plan consultants locked at this they recommended up three future garages. They were very far seeing and we are now proposing this garage #2. In effect, Mayor Ferre and gentlemen, we are pushing the medical center over from loth Avenue to 9th Avenue and would like to close loth Avenue and we will come back to you for... we are only in on one section now. W'e plan to and already have in design and planning with the Dade County people the rebuilding of 9th Avenues into a wide seventy foot right-of-way which will be done with our money. 6 SEP 2 4`i681 0 # Mayor Ferre: with your money, meaning Jackson Memorial money? Mr. Flann: Dade County money and Public Health Trust money, yes. So that will be a major improvement which will have a value of at least a million and a quarter, Mayor Ferre. Equally, the improvements on loth Avenue which will result will have a value of at least in its entirety when we are through over the next three to five years, of at least a. million and a half dollars. Now, this is terribly important to understand that we plan to finance all these changes. The intercourse of people, the movement of people 1)ntwcen our hospital and right now Dick, please point to the construction of the tl-,irty-five million dollar maternal, child care tower, a new emergency department now under construction and as a condition for approving that building this City commissic:i and others required that we prepare a garage and parking and this is now part of the plan. So, here we are asking for this at the moment. The two projects are really very closely interrelated. I am referring to the project of the 9th Avenue by-pass Highland Park Road and of course, the ,garage and of the improvements to the mall. Now, my colleagues from our architectual firm will give you some idea of what the building will include and by the way, our response within that building to add apartments and residential quarters is again, to fulfill a need. '.-le are having a terribly competitive situation in bringing nurses and physicians and interns. We have nine hundred nurses working for us. We have six hundred interns and residents. We have five hundred fifty medical students, eight hundred medical and technical people. Thee are looking for places to live and actually, this is a seed project to help redevelop the entire area between loth Avenue and 7th Avenue. We think this will be a major project that will lead to that. Mayor Ferre: (INAUDIBLE, NOT USING THE MIKE). Mr.. Flann: Ok, fine. The building in stage one will have fifteen hundred parking places. mmvor Ferre: (INAUDIBLE, NOT USING THE MIKE). Mr. Flann: What we are going to do Mayor Ferre, is actually we are trading some spaces as we go multilevel we are losing ground to other activities or programs, this is what's happening. So, as you look at the medical center as a whole and by the way, the plans and proposals were part of the Civic Center Development Study that Jim Reid and I and the School of Medicine participated in which will help bring some commercial activities also into the area consistent with medical certer uses like a pharmacy and so forth. Mayor Ferre: Would you further describe the other improvements other than the fifteen hundred... let us move along. t Mr. Flann: Ok, yes. We plan to have approximately two hundred apartments above the garage and we will on the first floor have commercial activities consistent with the medical center. Food, pharmacy, convenience store, other things that ' our students and employees and others will want and have in that community and -' so, commercial space will be on the first floor as even now there is on the first floor of our existing parking garage. 1 Mayor Ferre: That's one of the better things I have heard in a long time. Mr. Flann: Thank you. Mayor Ferre: In other words, pne of the problems that we always have in this community is that we don't think far enough ahead or big enough and we end up building garages and then we don't utilize the air space. You know, I personally think that in that parking garage that the County built in Jackson Memorial Hospital, that was a terrible misuse of space, because we should have recognized that the air rights over that parking garage are extremely important and could serve... and I am glad you have done it in this. You know, that kind of thinking is long over due. Mr. Flann: Thank you, sir. Mayor Ferre: Now; what else are you going to put in this? Mr. Flann: well, as I say in stage two we will go with another section of the garage. The plan will be structured in such away that we can expand for even more commercial space and more parking as here you see the... 47 Mayor Ferre: But we are not going to be doing that today. Mr. Flann: That is not the issue today, sir. Mr. Plummer: Well, show me exactly. Pin point the exact location of today's application? Mr. Flann: Dick„ is pointing to it right now. Mr. Plunuier: Now, who is going to build that garage facility? Mr. Flann: The Public Health Trust will build and finance it, sir. Mr. Plummer: Completely? Mr. Flann: Completely. Mr. Plummer: And how many cars? Mr. Flann: Fifteen hundred cars. Mr. Plummer: So, that puts you above the thousand mark, which means you have got to come under the State regulations. Mr. Flann: Yes, we are meeting all standards with our desiqns and ever►thing. Mr. Plummer: Alright, now, what are you referring to as commercial space? Mr. Flann: on the first floor there will be no parking. There will be the entry level and the blue spaces, Commissioner Plummer, are the areas that will be commercial space. We plan to put in there approximately ten thousand square feet of the University Book Store, which is already in a small building, a pharmacy, a food operation, and other things consistent with the medical center. Mr. Plummer: But it is commercial space directly related to the operation of the hospital? Mr. Flann: The hospital and the medical center needs, right. Mr. Plummer: Alright, now the building on top of the parking garage, how many square feet? (COMMENTS OFF THE PUBLIC RECORD) Mr. Plummer: Well, what kind of units? Mr. Flann: These will be efficiencies, one bedroom and two bedroom units. Mr. Plummer: And these will be only for the use of Jackson Hospital personnel? Mr. Flann: Preference will be given to Jackson Hospital personnel, Medical School personnel, Bascom Palmer, people working in the medical center will have first preference, yes. Mr. Plummer: Alright, how many square feet in that building? Not the parking now, just the... Mr. Flann: No, the apartment house has a hundred seventy-two thousand square feet and that's two hundred sixteen apartment units. Mr. Plummer: Two hundred sixteen apartments? (COMM -:NTS Ok'F THr PUBLIC RECORD) . Mayor Ferre: Alright, let's move. Mr. Plummer: Alright, question.. You are proposing to close a street on this matter. Which street? Mr. Flann: The closings, sir, are for legal purposes only. We will take over the management to the street. But as Dick is now showing with, his pointer, actually vehicles will go down 17th street, enter the complex to reach the emergency 48 SEP 0 L s*ul 0 0 department for example, go through it and come out on 18th Street and leave. Other vehicles will go Southward to the out -patient clinic area, ambulatory centers and also come out. These will be embraced within the complex and we will take care of them and take... improve them. Mr. Plummer: V-ibat is the recommendation of the Department of Transportation? Mr. George Campbell: A, I remember Commissioner, the recommendation of the Department of Transportation Gras in favor_ of this. They are looking toward the relocation of 9th Avenue and they have no objection to the closing of these streets per se. Mayor Ferre: Further questions? Alright, are you concluded? Mr. Flann: Yes, sir. Mayor Ferre: I will give you time for rebuttal if you need to... Senator Weisenborn, we are always happy to see you here, sir. Mr. Lee Weisenborn: Mr. Mayor, my name is Lee Weisenborn and I practice law at 235 Northeast 26th Street, Miami, Florida. I don't have any charts to show you. I represent Mrs. Hilda Coppolo, who lives at 925 Northwest 17th Street. I would like to show you the only thing... she can't be here because she is in poor health. I would like to show you who I represent. Mrs. Coppolo , will soon be 87. This is Mrs. Margaret Riviera, who is her daughter and she along with her son, Mr. Roger Coppolo are legal guardians of Mrs. Coppolo. I began representing Mrs. Coppolo in 1973. That was the first time that the County got after her to move. Mrs. Coppolo has lived in her house somewhere between fifty-five and sixty years of time. Since that was an outlying area in Miami and when the Jackson Hospital was first being built. She has... I'm not sure if her children were born there, but she has raised, I believe, five children. Two were born there in that house. She... in 1973 the County wrote her a letter and they said in essence, we want to use... we need your property to expand Jackson and we would like to settle with you. Mrs. Coppolo didn't want to settle, because Mrs. Coppolo, who was then a widow didn't want to move and I undertook & at that time, an eminent domain case was brought against she and many other property owners in that area under the vague allegations that they needed... Jackson needed this area to expand hospital facilities. Everybody else settled out but Mrs. Coppolo. And Mrs. Coppolo... we went... we took an appeal on the order of taking. We came back again, we lost that. We came up for a trial and on the eve of trial... I will be brief, but I want you to know the history. On the eve of trial the County Attorney's Office came in and they amended... they are down now at one property owner. They came in after they... now, they bought everybody else out. They came in and they said in essence,''well, now we don't need your house, all we want is your front yard." Mayor Ferre: Front yard? Mr. Weisenborn: So we are amending the pleadings to now only condemn your front yard. So, we went to trial over Mrs. Coppolo... the value of her front yard and a judgement was entered in 1978 assessing the value of her front yard, which the County allegedly needed to widen the street. Thank heaven and she really loved her front yard because she sits out on her porch everyday that shz can. They have not widened the street.The front yard is still there. So, a whole new crew of County Bureaucrats has now come into office. The old ones are all gone. The Assistant County Attorney who handed the case in the first place apparently doesn't want to have anything to do with it and we have a new Assistant County Attorney. So, they again, initiated eminent domain proceedings, only this time the only defendant was Mrs. Riviera and Mr. Roger Coppolo as the legal guardians of their mother. And they then... this time they came in and they said we need these facilities, we need your house, we need your property to 'wild.. a parking garage. I filed a motion to dismiss. It's important that you know the status of the pleadings, because I contend that the County does not have at this time title to Mrs. Coppolo's property. I filed a motion to dismiss, alleging that a valid public ;purpose had not been alleged and that the taking of the property was not necessary to serve a valid public purpose. rearing was held before Judge John Gordon, the hearing was set by the Assistant County Attorney, at the same time there was a hearing on a tnation by the County for a quick taking under Chapter 74. It was known as a quick twking procedure. They allegedly needed this property immediately. And the hearing was held and the motion to 49 dismiss was denied and the quick taking was approved. I then filed an appeal from the order of taking. Then after I filed the appeal the County Attorney's Office filed a motion on the appeal and they said Metropolitan Dade County moves for an order to the District Court of Appeal relinquishing jurisdiction to the Circuit Court in and for Dade County Eleventh District as grounds would state as follows; the nature of the order appeal from in this case is an order of taking pursuant to the quick taking statute dealing with eminent domain matters. The parcel of real property taken by Dade County is a lot containing a single family residence which is on a block scheduled to contain a large public parking garage for the expansion of parking at Jackson Memorial. The order was entered June 30, 1981. At the time of the filing and serving the petition, the petitioners obtained a date for the order of taking, hearing pursuant F.S. 74. This was scheduled for June 29, 1981. On June 23, 1981 the property owners filed a motion to dismiss the complaint. The order of taking was entered following testimony and argument on demerits, but no ruling was made on the motion to dismiss petition. No answer was filed. Of course, when there is no order entered denying a motion to dismiss the defendant doesn't have to file an answer. No, order was ever entered. I never filed an answer. The order of taking however, was entered. The forty-one thousand dollars was put up into the registry of the Court and is still there because I'm concerned that if we take it down we waive our legal right to attack this taking and then it says in this motion... this is the County now, it is therefore, apparent to the appealee, Dade County, in light of the appeal taken by the appealant, the property owners, that the case was technically not at issue on the date of the hearing on the order of taking. Wherefore, the County says please relinquish jurisdiction back to the Circuit Court for that Court to vacate the order of taking to act upon the motion to dismiss and to proceed to hold a hearing upon the taking following the filing of the answer. That hearing was held this morning. The jurisdiction was relinquished by to the Circuit Court. There was a hearing this morning. At that hearing upon the request of the Assistant County Attorney Judge Gordon vacated the order of taking. I don't know if a writen order has yet been entered, but I represent to you that, that's what happen. I also represent to you that he said... and my wife attended, she is a lawyer and I had to be else where. This is what she reported to me. Mayor Ferre: Lee, what is it you want us to do at this point? And by the way, before you answer, you don't represent Ed Ball in this, do you? Mr. Weisenborn: No, I feel like I'm against Ed Ball though. Mayor Ferre: Well, what is it you want us to do? Mr. Weisenborn: Well, let me just add this. I don't want you to approve this. I know this seems to fly in the face of progress, but Dade County when they approved the resolution of condemnation, I believe, on March 3rd of this year, said we are going to approve it. They directed conferences between... and they said but you can't move her off of that property for at least a year. Now, I'm saying to you... Mayor Ferre: Based on that Senator that's why you don't think we should approve this? Mr. Weisenborn: I don't think... no, no. No, no, I think that she is entitled to some consideration. She cannot live much longer. She is a very sick lady. The County has been messing around with this property since 1973 and they are finally going to figure out something they need it for. May I say one more thing? Mayor Ferre: Lee, what's before us is a zoning matter. Now, you are asking us not to change zoning based... Mr. Weisenborn: On my client's property and she doesn't want the zoning. She doesn't want a parking garage built on her property and she doesn't want two hundred sixteen residential to be driven off of her property. Mr. PlunuAier: hlcll, but. wait a minute, if what you are saying Lee, is true, we can't approve. }iow can we approve if she dnes.n't join in the application. If she is still the owner of tht- property. Mayor Ferre: Well, wait a minute, it all depends... but that's the whole key, you see. It all depends who is the fee title... now, you got to be careful with this. And the reason I... 30 SEP 2 41981 0 Mt. Plummer: well, now, I'm basing it on what happened this morning. Mayor Ferre: J. L., the reason I asked him and I was being facetious about Ed Ball, is that I might remind you that we are in a similar kind of a situation somewhere else on a taking of a piece of property on the Bay that was... obviously, it's a completely different thing, because you are talking about an old lady who has certain rights and the other one is a major corporation. But tie point... the legal point is, who owns the property? Mr. Plummer: Yes, but the point I... you know, that's fine and that's exactly the point and what he is saying is as of this morning she is still the owner. ::ow,... Mr. Weisenborn: At least as of the date that the Assistant County Attorney has an order signed by the Judge. Mayor Ferre: So, at this stage of the game what we must ask is our Attorney for a ruling and the ruling is, Mr. City Attorney and I just want t.-I put it out up front so that we understand each other_. I think that Senator Weisenborn representing his client is eminently correct in trying to protect her rights if indeed she is the owner of the property. If however, she is not the owner of the property at this time, then that issue is not before us. So, therefore, sir, would you please give us a legal ruling as to whether you concur. Or if you are not able to, then tell us and we will have to defer this item until you are ready to give us a legal opinion as to whether you concur with the Senator's position as to who owns the property. Whether his client owns it or if not if you are ready to say that Jackson Memorial does indeed own it or Dade County, then so state. Mr. Terry Percy: Ok, I was apprised of the hearing this morning Mr. Mayor and I talked to the County Attorney's Office less than an hour ago. They have confirmed pretty rauch what Mr. Weisenborn has represented. The Circuit Court will be sometime today entering an order of vacating the order of taking which gave the County title when this process commences before the lower Boards. Mayor Ferre: Well, then we have to wait. Mr. Plummer: No, Jackson has got to wait. Mayor Ferre: Well, no. This Commission... Mr. Flann: The issue now sir, is that at this moment before you there we will have clear title to the property according to the County Attorney's ruling. Xziyor Ferre: No, sir. The question is, according to my City Attorney, who is the guy I have to pay attention to is that he has been told by the County Attorney and he is informing this Commission that they concur with Senator Weisenborn's position as of right now. Now, therefore, we have to wait for a proper court of jurisdiction to determine that point. Once that is done and you indeed own the property, then I think we can take this issue up. Otherwise, you know, who owns the property? Mr. Percy: What the County is suggesting if we go forward with this on the first reading today technically the order has not been entered and they could technically be considered titit- owners, but before this matter is resolved that would be vacated and nothing would be gained. Mr. Plummer: You are going to prejudice his client. Mayor Ferre: This is the United States of America sir, and I don't believe we do things that way. 1,1ow, as far as I'm concerned I'm willing to take it up on an emergency basis next time and vote for this once it is determined that it is your property, if it is your property. But as long as they have a legal claim and that's the standing in t1le court, hey, now, it's not that I'm for the little guy over the big guy, that has nothing to do with it. I think it's a question of law and of proper procedure. We are not going to rare soniC:thing in first reading on an issue tit is yet to be determined by a court and I don't know which way that court is going to rule. Mr. Plummer: I move this matter be deferred until the October zoning meeting. Mr. Lacasa: Second. 1 �r It And would you a!so add to that, until the legal aspects Of tha MaYor Ferre: ownership of the property... Mr. Plummer. Assuming that it's cleared up by t}ien. gsv. Gibson: Well, why don't we just say until the legal aspect.., area than they wouldn't have to come here in vain. Mr, Plummer: Fine. this afternoon, we are going to be here a Mayor Ferre: And if it's clarified long time, I don't have any objections as long as you tell Senator Weisenborn once... if the court rules this afternoon. Mr. Plummer: No, all the court is going to do this afternoon is issue a,'.gritten order. Ma or Ferre: Well, but suppose that written order clarifies that the County Y indeed is the legal owner of the property. Rev. Gibson: Then we could act. Mayor Ferre: Precisely. Mr. Fgoing to be the action of the court. The court will... lann: I doubt if that's The court is going to vacate the order. There will be a series of Mr. Percy: previously - Mr. in the next few days to correct what the County omitted p Mr. Flann: These are purely technical and procedural issues, I understand. Mayor Ferre: Hey, that may be, that may be, but this we do in my opinion and this is just one person speaking. This Commission does not have that kind of authority when there is a legal question that is vet to be determined. I'm sorry. Mr. Plummer: Legally, it can't even be before us. Mr. Plummer: How is that? it can't be boefore us. You are not the owner... Mr. Plummer: Legally, at Mr. Flann: Until the court issues and en alb submit that thisrweohave clearrow title to this moment and time before you, gentle ► the property. Rev. Gibson: No, you don't. Plummer: you didn't go to the hearing this morning.Mr. Rev. Gibson: No, you don't. Mayor Ferre: We are not going to play that kind of game. you went into a title=cmpany► you know what the company would Rev. Gibson: If y would tell you, you don't have legal title to that property. tell you? The company al Mayor Ferre: Alright, we have a motion and is s°ed anyrreasonrthatnhaslnottbeen Now, this is your last chance' tospeak. mentioned that is... ind before change your myou vote. Mr. Weisenborn It iT�a Mr. Flann: possibly y Mr. Coppolo out. There is a time has alluded to the fact that we are forcing relationship here that may be important to you to understand. Mayor Ferre: 'T'eil me what it is. truct her at Mr. Flann: The Cowity commissior. id insossiblytsinceaff oitttakesei:ime totdesign ast for one year; meaning March 3,198 P possible and construct we are to give her sixty days notice on each instan,:e. It's she will be in the house until August or September of 1962. V2 SEP 2 4 E0"81 0 0 Mayor Ferre: But t1at's something that we can taken into account to overrule a legal posture. I mean... We are caught now... I want to tell you that I am in favor of this. As soon as you tell me that you've got--- and I want to tell Lee so that he doesn't misunderstand my vote--- if they own the property free and clear and legally, hey, I'm voting for this. Now, at this point I think you are eminently correct and I am voting with you because I think that, that hasn't... that legal point has not been clarified and I think your client is entitled to that type of a consideration. _ Mr. Flann: We will be back. Mayor Ferre: Any further discussion, call the roll, please. The motion is to defer until the legal... until the question of who owns the title is clarified. One way or the other. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-788 A MOTION OF THE CITY COMMISSION DEFERRING FURTHER CONSIDERATION OF APPLICATION MADE BY JACKSON MEMORIAL HOSPITAL FOR A CHANGE OF ZONING AT APPROXIMATELY N.W. 8TH THROUGH LOTH AVENUES AND N.W. 17th STREET AND THE WEST DUNBAR SCHOOL SITE, TO THE CITY COMMISSION MEETING OF OCTOBER 22, 1981, UNTIL CLEAR TITLE TO THE PROPERTY IS DETERMINED BY COURT. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: ACES: Mr. Plummer, Mr. Lacasa► vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. 15. DISCUSSION AND DEFERRAL: RECREATIONAL FACILITIES AT MARGARET PACE PARK (BACKGROUND COMMENT INAUDIBLE) Mayor Ferre: Alright, this is recommended for approval by the department and the Planning Advisory Board recommends approval. the Miami Waterfront endorses... Are you against it? Please come back at 2:00 o'clock this will take at least one hour. (COMM-tT OFF THE PUBLIC RECORD). Mr. McManus: Mr. Mayor, I had a conversation with i:!', Kearn of the Parks Department who is the applicant. He informed me and he also informed Mr. Perez, that some erroneous information was given out to the immediate neighbors. Mayor Ferre: Well, why don't you go talk to the immediate neighbors. They are entitled for right information. Mr. McManus: No, Mr. Kearn is going to request deferral of the item. Mayor Ferre: Ladies ani;. gentlemen,... why didn't you tell these people that before rather than making them sit here from 8:30 to 1:00 o'clock when it's going to be deferred, for crying out. loud? Mr. Perez: Mr. ):.earn was her(: this tnorr,ing and we conversed Mayor Ferre: Well, I know he was hi re this morning, but I Iriean, that ref.11y burns me up because I will tell you, these people have been sitting here since early this morning, they are entitled to be heard, here now all. of the sudden you are telling me that the department is going to withdraw the application and people who could have gone home at 9:00 o'clock and not wasted all morning here. L"' f` , Aitjht, now look, ladies and gentlemen, I apologize for the City Administration because they have done something which I think is not right and that is, u it knew that this thing was going to be withdrawn and they just kept quiet And I apologize and I apologize to you. That's a mistake that was made, I am sorry. P tL iach and everyone of you. Now, this item will be rescheduled when? Mr. Perez: Whenever the Parks Department... Mr. Reid: October 22, Mayor Ferre: I am sorry. And you are instructed to put this as the first item so that these people will not have to go through this waiting all morning again. Alright, there is a motion then by Lacasa, seconded by Gibson to defer Item 18 until the 22n of October and you are instructed to make it the first item on the agenda. Alright, is there further discussion, call the roll. The following motion was introduced by Commissioner Lacasa, who moved its adoption: MOTION NO. 81-789 A MOTION OF THE CITY COMMISSION DEFERRING CONSIDERATION OF REQUESTED APPROVAL OF CONSTRUCTION AND OPERATION OF RECREATIONAL FACILITIES IN MARGARET PACE PARK TO THE COMMISSION MEETING OF OCTOBER 22, 1981; FURTHER STIPULATING THAT THIS MATTER SHALL BE SCHEDULED TO BE THE FIRST ON SAID MEETING'S AGENDA. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: None. ABSENT: Mr. Carollo. WHEREUPON the City Commission recessed at 12:55 and reconvened at 2:20, with all members of the City Commission found to be present. 16. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS Proclamation: Declaring September 13, 1981 DIA DEL DR. RAMON GRAD SAN MARTIN on the occasion of the 100th anniversary of his birth. Presented to Mrs. Paulina Grati 6e Aguero. Certificate of Appreciation: To THE BARTENDERS' GUILD. Presented to Mr. Aedo Pena. 4 s SEP 2 A...1081 17. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION 760 N.W. 4 ST from R-4 to C-4 Mayor Ferre: Alright, take up Item 10. Take up Item 10, please. Mr. Plummer: Mr. Mayor, let me ask a question. Is there anybody here in objection to Item 10? It's by the department for approval and the Board by approval. Is there anyone here that's in objection to Item 10. Counselor, so you can get paid, would you state your name for the record? Mr. Carlos B. Fernandez: My name is Carlos B. Fernandez and I appreciate your thoughtfulness. Mr. Plummer: Your home address, mailing address? Mr. Fernandez: 700 Southwest 22nd Avenue within the City. 0 el — Mr. Plummer: Do you herein stipulate everything contained in your application is true and correct so help you God? Mr. Fernandez: I do sir, so help me God. Mr. Plummer: I move Item #10. Mr. Lacasa: Second. Mayor Ferre: Alright, there has been a motion and a second, is there further discussion? Read the ordinance on first reading. Alright, call the roll. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOT 8, BLOCK 2S, MIAMI (B-41), BEING AP- PROXIMATELY 760 NORTHWEST FOURTH STREET, FROM , R-4 (MEDIUM DENSITY MULTIPLE) TO C-4 (GENERAL COMMERCIAL) , AND BY MAKING THE NECESSARY - CHANGES IN THE ZONING DISTRICT MAP MADE A PART OFF SAID ORDINANCE NO. 6871 BY REFERENCE AND DES- } � CRIPTION IN ARTICLE IZI, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A I SEVERABILITY CLAUSE. Was introduced by Commissioner Plummer and seconded by Commissioner Lacasa and passed on its first reading by title by the following vote: AYES: Cummissioner Jne Carollo Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. a 13 18. FIRST READING ORDINANCE: APPLY NEW TO-AREASIDENTIAL BOUNDBD BTRANSIDISTRICT T7 AVE TO 10 AV% & N . W . 11 TO 14 S TRH;.:'_ q Mayor Ferre: Alright, now is Item 12C ready to go now? You got all the letters and all that? Rev. Gibson: Mr. Mayor. Mayor Ferre: Yes, sir. Well, I don't think they are here, so... Rev. Gibson: Here is the letter. It says members of the Miami City to makelsuren• Mr. Mayor, I'm going' to accept this for first reading, but T- want that you understand that I want the head man to sign. Mr. Luft: This is the Director of Cedars of Lebanon Hospital, the Director of Veterans Hospital, Director of University... Mayor Ferre: Jack, I don't think... I don't mean to argue with you. I don't think you hear English very well. Don't argue with the man. Don't argue with the man. The man told you what to do, now please don't argue with him. Mr. Luft: I'm sorry. Rev. Gibson: Well, let me.. so that you won't come back unaware. I think when you say Jackson Memorial Hospital you must tell me whether he is the director n me r whether he is Chairman of the Board. Cedars of Lebanon Hospital, you Veterans here. I would be irresponsible if I let this kind of thing happ you have a Hospital you have a name here. University of Miami Medical Center, y name here, ok? Dade Community College... Mayor Ferre: In other words, these aren't patients are they, that you got to sign? Mr. Tuft: No, sir. Mayor Ferre: Alright. want the head people to sign. What happens is that Board employs Rev. Gibson: I anything and everything the head somebody and the head somebody is responsible to know Y 8 that's happening whether you do it... whether he does it himself or herself. That's all that matters to me. Mayor Ferre: On first reading then, is there a motion? Rev. Gibson: I'm going to move it. Mayor Ferre: It's been moved, is there a second on first reading? Mr. Plummer: Second. Mayor Ferre: Seconded by Plummer, further discussion? Read the ordinance, please on first reading. Call the roll. AN ORDINANCE ENTITIXD- AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, 'DiE COMPREHENSIVE ZONING ORDINANCE FOR THI= CITY OF M11,24I , BY CHANGING THE ZONING CLASSIFICA1111ON, OF THr AREA FOUNDED BY EAST - WEST EXPRESSIgRY (SF836), N.W. 10TH ABENUE TO SUNNBROOK 120AD, TH1'.OUC.YH MID -BLOCK SOUTHWEST- ERLY TO WAGNER CREEK, SOUTHEASTERLY TO N.W. 11TH STREET, THEN NOR`IHFj%STERLY AND 2001PARAL- LEL AND NORTH OF N.W. 11TH STREET TO THE 6 j SEP 2 �'981 e t� NW LOT LINES TO N.W. 13TH STREET, N. W. Y 13TH STREET, AND N. W. 7TH COURT, TO S R 836,=1,�= FROM R-3 (LOW DENSITY MULTIPLE) , R-4 (MEDIUM DENSITY MULTIPLE) , AND R-C (RESIDENTIAL OFFICE) TO R-T (RESIDENTIALa TRANSIT DISTRICT), EXCEPT E FOR HIGHLAND FART'., ZONED PR (PUBLIC PARK AND RECREATIONAL, USE DISTRICT), ALL AS PER THE ATTACHED M.A?. Was introduced by Commissioner Gibson and seconded by Commisgibn6r Plummer and passed on its first reading by title by the following votd AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson 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. 19. SECOND READING ORDINANCE: ESTABLISH HERITAGE CONSERVATION INTERIM ZONING DISTRICT Mr. Reid: We do have Item 2, Mr. Mayor, that was passed and we were waiting for a full board. 4 Mayor Ferre: Is that a controversial item? Mr. Plummer: All items are controversial. Mayor Ferre; Are you ready to vote on this? Mr. Plummer: Oh, that's the planning... oh, yes. Mayor Ferre: Yes, second reading. Are the ladies still here? Are take up Item 2, then. Mr. Whipple: Do you want a presentation, Mr. Mayor, we made a presentation earlier. Mayor Ferre: Well, I don't, but I don't... I think everybody knows what the issues are here. Mr. Whipple: We have Joyce Meyers here to answer any questions or make a brief presentation if you would like. Mr. Plummer: Let me ask you one question, Whip. Is my understanding that based upon this ordinance, that it is limited only to those that are outlined in our packet? Mr. Whipple: That's correct. Mr. Plummer: And no others? Mr. Whipple: That's correct. Mr. Plummer: So, in other words, all of these people... let me ask you this question. There are fourteen for the record. Alright, all of these people have been notified, are aware that this is being done for or to them and they have no objections by virtue of them not being here? Mayor Ferre: Plummer, the last time you asked that question this young lady 57 SEP 2 4 ��) r if I recall, was pregnant. High. Her little child has now graduated from Mi&Mi (BACKGROUND COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Alright, who wants to move this? Plummer are you going to* Mr. Carollo: Is that 02? Mayor Ferre: Mr. Carollo: Mayor Ferre: Call the roll. That's 2A. Who wants to move it? I will move it. Carollo moves it, seconded, ftarther discussion? head the ordinance. AN ORDINANCE ENTITLED AN ORDINANCE ESTABLISHING AN INTERIM ZONING DISTRICT TO BE KNOWN AS HERITAGE CONSERVATION INTERIM ZONING DISTRICT, AS PROVIDED IN AF.TICLE IV, GENERAL PROVI- SIONS, SECTION 39, OF ORDINANCE NO. 6871 THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF AIIAMI, REQUIRING A PUBLIC HEARING AND APPROVAL BY THE CITY COM- MISSION PRIOR TO DEMOLITION OF AN HIS- 5�+': TORIC STRUCTURE IN THESE DISTRICTS AND REQUIRING DESIGN APPROVAL BY THE URBAN °t " DEVELOPMENT REVIEW BOARD PRIOR TO ANYt ALTERATION OR NEW CONSTRUCTION AFFECT- ING THE EXTERIOR APPEARANCE OF STRUC- TURES AND FEATURES IN THESE DISTRICTS; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH; AND CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of May 28, 1981, was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Gibson, the and ordinance was thereupon given its second and final reading by titlepassed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9317 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. Y i 9 ji Y n `h �. 311Nt mil' >a.c .r`.^yr s r� i J : i z i4 Win F .:N4d Y'k 7e E r 4 'fa, y Y1 i x i t r WWri tr 4 8EP ^ 4'981 r 0 0 20. SECOND READING ORDINANC7': APPLY OF PROPOSED HERITAGE CONSERVATION DISTRICT TO PROPERTIES LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES Mayor Ferre: Alright, take up 2-B, Who moves that? This is 2B. Mr. Carol'-0: Move. Mayor Ferre: Moved by Carollo, seconded by Gibson, further discussion? Read the ordinance. Call the roll. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI BY APPLYING HERITAGE CONSER- VATION INTERIM ZONING DISTRICTS, SUB- JECT TO A ONE YEAR LIMITATION, AS SHOWN ON THE ATTACHED MAPS, AND BY REFER- ENCE THEREOF MADE A PART HEREOF; AND BY MAKING NECESSARY CHANGES IN THE ZONING DISTRICT MAP, MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTIONS IN ARTICLE III, SECTION 2; REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT HEREWITH; AND CONTAINING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of May 28, 1981, was taken up for its second and final reading by title and adoption. On motion of Commissioner Carollo, seconded by Commissioner Gibson# the and ordinance was thereupon given its second and final reading by passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9318 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. z 7 464 g � V,v�`': A � n 8EP 2 419'81 2.1. DEFERRAL OF CONSIDERATION: VACATION AND CLOSURE OF N E. 31 STREET Mayor Ferre: Alright, we are on 16, which is Ronald Fieldstone TR for the vacation and closure of Northeast 31st Street. The Planning Department recommended approval. The Board recommended approval six to zero. Rev. Gibson: Which one is this? Mayor Ferre: This is Item #16. This is for the closure. Rev. Gibson: Mr. Mayor, let me ask. Why are we really closing off that street? Can anybody tell me what is to be gained by closing that street. Here you have this great big complex here parking around, parking over here. What are you telling me? Mayor Ferre: They are going to build a building there. Rev. Gibson: And so we are going to give them the street back? you are telling me? Mr. Plummer: We gave it to Treister in the Grove. Is that what Rev. Gibson: Well, yes but Treister in the Grove did something about you. Mayor Ferre: He got a point, Plummer. Mir. Plummer: Yes, six hundred fifty dollars he got. That's the six hundred fifty thousand dollars. Rev. Gibson: Yes, but you.. no, no, no, you aren't even getting that. Mr. Plummer: Well, I ain't finished with him yet. Rev. Gibson: No, I just think that... Mayor Ferre: Let him make his presentation. Rev. Gibson: Alright, you make your presentation, because you know... Mayor Ferre: Alright, go ahead. Mr. John Fletcher: Yes, sir. My name is John Fletcher. I'm an attorney. My address is Suite 222, 7600 Red Road, South Miami, Florida 33143. And if I may, I think the first thing,I can say that the City will gain is actually the loss of quite a headache on Northeast 31st. That block as it run through there... the street is only fifty-four feet wide and as the traffic reports show and as your staff is aware and one reason that they have recommended approval, when that gets parking as it does on both sides of the street during the day, incidentally with no meters, there is no revenue derived from it, there is only room for one vehicle at a time to pass through and it's been a source of: be-adaches, particularly when there are deliveries being made in the area. What we hope to gain is the ability to have a unified development in the area and to help solve the traffic problems there. The road will stay open for emergency traffic and it will stay open for the development which will be on both sides of Northeast 31st. The City is not reall.y losing any true right-of-way because just beyond Northeast 2nd Avenue at that point it deadends at the railroad tracks. Mayor Ferre: Counselor, let me see if I can just cut through so you understand. This Commission has the right tc vacate a alley or not to vacate an alley. Now, in the past the City of miami Cotranission has agreed on different occasions to vacate alleys or streets if a pul)lic purpose is served. Now, the public purpose doesn't mean putting a building on the tax roll. Now, that's fine and we want more buildings so that we can tax you acid pay for our police officers and fire officers and other services, but we want more than that. And it has to be voluntary on your part. The last time that we did this the person who is the NC SEP 41981 0 0 beneficiary agreed to expend six hundred fifty thousand dollars of public improvements in the block surrounding the area. Now, we came about that figure because the administration estimated that, that was the value of... that was given to the property by the vacating of that public street. :vow, I can, I can... These are always controversial by the way. I don't ever recall having vacated one that wasn't a hot issue. We dial one for Dr. Robertson at the Jamestown Club. We did one for — Mr. Plummer: Robertson was an alley as opposed to a jtreet. Mayor Ferre: Alley... that was an alley. We did one... who else did we do one for? Well, Treister, that's the most recent one. Mr. Plummer: .nd we did one on Brickell and 8th Street for the bank. — Mayor Ferre: We did one for the bank. We did one for Allen Morrison one time and he dedicated a park, didn't he? Rev. Gibson: Yes, sir. Mayor Ferre: On Brickell. So, we have a tradition here that has been established as of late, even though some of the editorialist don't want to recognize public of public service, p those things, but we have indeed established a tradition to do voluntarily. good. You tell us what public good you are going Mr. Fletcher: Alright, voluntarily in addition to the benefits that will naturely the utility flow from the closing of the street to the City, we are upgrading we asked Mr. Whipple system in the area as we have been requested to do. But also, do for the City of Miami and Mr. Whipple this exact question as to what we can we adopted that suggestion and provided to him a letter suggested to us and that we would in fact, provide to the City a certain number of landscaping stating materials for a project that the City has, any project of the City's choice. about And Mr. Whipple advised us of that project and perhaps he can say some more this to you. Mayor Ferre: And Whipple, while you are telling us all the good things that Mr. is of that Fletcher's client is going to do for the City, tell us what the value street and why you recommend that it should be closed. Mr. Whipple: Mr. Mayor, we did not investigate the value. This project was on the started prior to the very deep discussion concerning Mayfair and was well to these way and a matter of fact, I had already suggested a certain proferring Mayfair... the applicants before this item come up. To = clients before the the second... and I will explain that in a minute. The answer to your _ answer question, why should it be closed? If there wasn't in our opinion and the to circulation Traffic Department and Public Works opinion a need by which provide we surely would not recommend its 7, or if we felt that this circulation was needed it is a step to provide unified ownership approval. We do feel that positive that is contiguous to one anoti.,�r, so, if this is good land use and good ( development, we believe this is good for the City. 1_ Mayor Ferre: And that's all? ' Mr. Gary: bin. mayor,I must admit that we reviewed this in my office and Unfortunately, the unfortunately the--- I overruled the Planning Department. records do not reflect this. It's the administration's position, not so much the Planning Depar`.ment's individual position, that this sets a bad precedent I listened to the and that this kind of closure of streets should not occur. its recommendations and it's suggestions of Uie Planning Department in terms of that this should not be an approval, recommendation the opinion of the city manager _ from the Manning Department. Mayor Ferre: I will tell you, I think we need to do an awful lot more thinking about this. Iynd I think, with all due respects to you, Mr. Fletchers, that have given us sot«u pIzIIts for parks and places is no where near justification in my personal opinion for t1l closure of a street. That means that the people along Biscayne boulevard going to 1,ortheast 21r,d 1-,,venue- and beyond will not have the availability of driving through 31st Street and I need a lot more convincing and what I would like to do, is I would like to delay this so that... and perhaps you can maybe rethink your position a little bit. 61 8EP 2 4,11981 IgV. Gibson: Mr. Mayor? Go ahead, I'm sorry. taff Mr. Carollo: Mr. Mayor, what I would � eeto askingvforlthererand the svalueioftthat total amount of square feet that they square footage. Rev. Gibson- And t,r. . mayor, the T'eason I raised the question is as I have told hardship I don' pass on ,^_oning unless I go see it. Z didn't see any P you all, You have there at all. too, hardsh-p. All you have to do is look at that map. a similar street going in thato£f�hatlon streot3you den ithe thepeople peoplehave thataccess flowto that street. When you block of traffic in that area. I don't think that's fair. Mr. Fletcher: I understand all of your comments, Commissoners, and I'll tell you what. I will- ..l understand you want tothis s scli you caand r have further infomation provided and for me to go back to y see what it is rdttotperhaps this. So iflyouewish etofdefer nthis to aefit to he City o specfic date, Miami in rega that is fine. Father Cibson: I don't mind deferring it, but I want to tell you, I have some serious reservations of closing off all these streets, because people get used to them and when there's an emergency, you have trouble on your hands. Police can't get to the people, fire can't get...Fire Department can't get to the people, and all we have, we have that massive structure business there and all that. That's not quite fair. Mr. Fletcher: Commissioner Gibson, to put your mind at ease, we are providing an emergency vehicle easement through there so that would solve thst problem. Mr. Plummer: I second the motion. Mr. Fletcher: Do you have a specific date for that? Mr. Plummer: I assume after the Manger has had tthe time lto convin'tnce what the Planning Department that his opinion overrules else we're deferring for. Mr. Fletcher: I hope certainly that they will remain open to being l convinced. i Mayor Ferre: Theie is one other thing that I would liken o see. to wothat like to see specifically what super improvement you're going talking about. property. I'd like to physically see what y a Mr. Fletcher: All right. You would like to see a rendering of the... Mayor Ferre: I want to see what you're...I want to make sure that what you're doing is of such tremendous value for the tax payers of this City that it - justifies doing this. Mr. Fletcher: It will be done. 's a motion on the floor with all those conditions. Mayor Ferre: All right, there Call the roll, please. THEREUPON, the members of the City Commission on motion duly made by Commissioner Gibson and seconded by Commissioner Plummer, UNANIMOUSLY AGREED TO DEFER THE ABOVE MATTER. W 22. APPROVE CONSTRUCTI0c1 AND OPERATION OF A MUNCIPAL USE BROADCASTING TOWER AT FIRE STATION #12 Mayor Ferre: We're now on 17, I guess? This is a broadcasting tower. All right? This approves the construction and operating of a muncipal use, 120 foot high emergency broadcast tower at Fire Station 12. Mr. Plummer.: Anybody here in objection? I think the Zoning Board was completely out of line in denying an emergency use of radio tower that is vitally needed by this department, by not the Planning Department or the Zoning Department, but by Police and Fire, and for them to turn this down, I am just completely appalled. And I am glad to have the opportunity to rectify the situation, and I move this item be approved. Mr. Carollo: Who is the Chairman of that board now? Mr. Plummer: Who was? Mr. Plummer: I just cannot believe they turned this item down. I really can't. Mr. Jim Reid: Commissioner Plummer, Mr. Mayor, for the record, number one, we do agree with Commissioner Plummer in terms of the need for this type of facility. However, when this was discussed at the lower board level, people from the Manor Park area were there, and the question wasn't whether you should have the facility or not, but is there a site that could serve the same purpose and not interfer with the aesthetics of a residential neighborhood. And I think that in the —between the time that that question was raised in this meeting, the Communications Department has investigated that and would like to provide you with some additional information before the Commission acts. Father Gibson: All right, let's hear it because I... Mayor Ferre: Okay. Mr. Floyd Joubert: My name is Floyd Joubert. I'm with the Department of Computers and Communications. My title is Assistant Director. Mr. Plummer: You're in charge of the phones that don't work. Mr. Joubert: Yes, sir. Mr. Plummer: Would you put a quarter into that microphone before you use it please? Mayor Ferre: Hey, don't put the burden on him. I want to tell you that Southern Bell has been called on these phones, and the latest excuse that we got is that when we ... is Mack around? Mr. Plummer: Mack Gilstrap has got too much brains to stick around here. Mayor Ferre: Before I make the statement, evidently now the blame is now falling on us because they say that the bulldozer ripped off a main cable. Is that right? Mr. Joubert: That's What I understand. That's the story I'm hearing. I'm not quite sure if that's true... Mayor Ferre: That's this weeks excuse. But what happened before they tore down that building? Because the phones didn't work 3 weeks ago, a month ago, 6 months ago. 63 SEP 2 4 1981 Mt, Plummmer: The funny part about it is they didn't bulldole the bt liiig downs they burned it. Mayor Ferre: Well, okay. On with the show. Lets go. Mr. Joubert: A little background to what our problem here is, for the i last 4 or 5 years, our Police and Fire Department have been complaining about the marginal communications that we have in the northwest section Of the City. And dtiring this time, we had a consultant, Sacs -Freeman come in and make a study on the communications problems in the City. They recommended the Fire Station 12 site as an ideal site. I did some tests, ran some tests in that area and my recommendations came yap with the same. We subsequently to that, we went ahead with the application for this Fire Station l.2 and I met with the local Manor Park Community Development Committee on a couple of occasions and tried to covince them that this is a necessary site. Now one of the problems that we had with this the way the ordinance is worded, it's called a broadcasting station. It's not a broadcasting station. It's a receiver site. Mr. Plummer: Excuse me. Mr. Joubert, my understanding was, sir, you were going to tell us where the alternate site was. Mr. Joubert: Okay. One of the alternate sites, the only possible alternate site we have is over at the Caleb Center. Mr. Plummer: Over where? Caleb Center? Mr. Joubert: Yes, sir. Mr. Plummer: It's in the County? Mr. Joubert: Yes, sir. And I have got an agreement from the County... Mr. Plummer: Would you take all of the rest of the history and background and reduce it to writing and send it to us within the next 3 years? Mr.Mayor, I move the item as presented Mr. Carollo: Second. Mayor Ferre: All right, further discussion? problems with this? Mr. Gary: Well-, it ... is this on? Mayor Ferre: Some people might say it doesn't matter. Mr. Gary: Yes, from this morning. It appears that we want to achieve a certain end result. The people in the community feel that when it comes to public facilities, that that area is over -burdened with public facilities going from housing up to expressways, up to transrortation centers that divide the community and deter from the neighborhood. And I guess it's similar to areas that say we don't want Flagami or we don't want this. And what they're saying is not that we don't want it, but please relocate it where it won't take away from that neighborhood, from Allapattah. Now you riust realize that that park area is a beautifying aspect of that area. And what they're saying is if you can find an ultimate spot that would achieve your end results and ours, please do that. We're not against it. We're for police and fire. Now we're saying, now we're saying that we have an alternate site which is at an existing public facility, at a building that has a tower on it right now. It would not be obtrusive, the County has agreed, we still will accomplish what we want to accomplish, therefore, it's a viable alternative, and if the City Conunission will reconsider that as a viable alternative. Mayor Ferre: Now answer my question. Mr. Gary: Yes. My recommendation? My recommendation is to put it at Caleb. Mayor Ferre: Put it at Caleb? 4 SEP 41 41981 i f Mr. Gary: Yes, sir. Mayor Ferre: Okay. We have... Mr. Carollo: It's got nothing to do with cable? Mr. Gary: No, sir. Mayor Ferre: We have a motion and a seond that this item be approved as... Mr. Plummer: Mr. Mayor, let me only comment on Mr. Gary's comments. You know, Howard, I can understand the community being as they feel. over -burdened. But you know, I don't think any community can be over -burdened when it comes to public safety. And this is not housing, this is not something that makes noise, this is not something that is all the way out of line. And the area that they're talking about, yeah, firie. That antenna in the Caleb Center west does us no good. North no good. But that antenna over at that fire station will cove us to the west to our City limits, to the north to our city limits, and of course, tremendously the other way. It's public safety. Mr. Gary: I agree. If I may respond because I don't want you to give the impression I'm against public safety. You must realize that that area is called Model City, Liberty City so the antenna will still remain within that community. And what they're saying is if you could find another alternate site within our community, please do that. And we're saying that, you know, that alternate site is workable and is agreeable to them. Everybody is happy, why not? Mr. Plummer: 4That do you call the fire station? Is that not governmental use? Mr. Gary: Yes, it's governmental use but it fits within the geographical structure of the neighborhood. Father Gibson: Let me ask you. Mr. Plummer: It's in the County. Is Caleb Center in the City limits? Mayor Ferre: No, it's in the County. Mr. Plummer: We don't own it. Mr. Gary: But they agreed. We allow them to use some of our space now too. Mr. Plummer: Yeah, but they operate in the City. We don't operate in the County, only go out and save them. further discussion on the motion made by who? Mayor Ferre: All right, Carollo and seconded by Plummer. Made by Plummer... Mrs. Hirai: Seconded by Mr. Carollo. Mayor Ferre: Is that right? Father Gibson: Yes. Mayor Ferre: Joe, are you ready to vote? you don't have the votes. Mr. Plummer: Oh no? Mayor. Ferre: You don't have my vote. 31 Mayor Ferre: You said...he said. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RLCORW The reall boss is right over there. (LAUGHTER) Okay, call the roll.. The following resolution was introduced by Commissioner Plummer, who moved its adoption: a RESOLUTION NO. 81-790 i;.. A RESOLUTION GRANTING MUNICIPAL USE TO PERMIT CONSTRUCTION AND OPERATION OF A MUNICIPAL USE - A €x 120' HIGH EMERGENCY BROADCASTING TOWER - AT FIRE f STATION N0. 12, LOCATED ON TRACT "B"; MANOR PARK (50-85), BEING APPROXIMATELY 1455 NORTHWEST 46th l y+ STREET, AS PER ORDINANCE NO. 6871, ARTICLE IV GENERAL PROVISIONS, SECTION 35, AND AS PER PLANS ON FILE, ZONED R-2 (TWO FAMILY DWELLING) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). ssioner Carollo, the resolution Upon being seconded by Commiwas passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. t, Commissioner Joe Carollo A Theodore R. Gibson Vice -Mayor (Rev.) 5 � NOES: Commissioner Armando Lacasa Mayor Maurice A. Ferre ai r k �ifa Y r 2 FL I r ABSENT: None �s , t , 1 t } dFOLLOWII;G ROLL CALL: Mayor Ferre: Take up item 19. Father Gibson: Mr. Mayor, I want to make an observation... Mayor Ferre: Yes, sir, Father. Father Gibson: ..because I know I will hear this and I want to make sure everybody understands me. I've contended all along that when you get ready to put up pertain public facllities, they ou ilable have fire stations. There's in our area. The best example is when y decides an example. I fait my brothers o in everybodyts arearbutnmineis.�dverybody say hey man, pu Mayor Ferre: But we have an alternative. Father Gibson: I'm prepared ... no, no, no. I understand you. I understand But I ant your vote and I understand Mr. Lvoting for it becausewordinarilyody to you'd understand why I'm voting. I'm voting hto l expect me not to vote for it. Because I have becausehyouthose oughtlto But I want them to know that I have said consisten,ht se put headquarters build fire stations where black people live, youou g where black people live, you ought to put that ... what's that Florida Power and Light Company gets' Mayor Ferre: Sub -stations. Father Gibson: Sub --stations. you ought to put that where black folk rs when you get live and not do by us what has been uappenit the igc or yeaear in our area. 13on't ready to build an incinerator. you p That e right and tell me it isn't true. Avenuebecausetbyrs andlargein t,eGrove, that'susuallyrth where right over there on 1 SEP 2 41981 Father Gibson (continued): black folk work. Now t think this btatift you're talking about, in my book as a native... Mayor Ferre: it's not a station, it's an antenna. Father Gibson: The antenna, yes. Is far more acceptable. And with all of the things that are happening around here now and as bad as we need some corumunication right aviy with the Police Department, we ought to be most happy and glad. I want my brothers to know that and I want to put it in the record. Otherwise, if T don't I'll be living the life of a lie because I did not really come out and be counted. Mayor Ferre: Okay. I. was not going to make any statement on this but I guess we're going to have to explain our votes. Father, I understand your logic and your reasoning and, of course, I accept what you've said and what you've done. My feeling is that if there were no alternatives, then I would agree to put up a 120 foot antenna in the middle of Allapattah. But since there is a viable alternative to put it on top of a building called the Caleb Center, and I might point out, since Caleb Center is already, Howard, Caleb Center as I remember is 8 stories high, or 7 stories high. Mr. Gary: 7. You're right. You're correct. Mayor Ferre: So it's at least 80 feet up in the air which means that the antenna doesn't have to go, since the building is already there, we would just have to put another 40 feet antenna on top of it and you're up 120 feet. So the building is there, there are antennas there, it would not look ugly, it would not be obstructed, and so since there is an alternative, all I'm basically saying is that there's another way to do it without doing any harm to the Allapattah community. And that's the only reason I voted the way I did. Mr. Plummer: Well, let's put it all on the record, okay? Putting it all on the record, Mr. Mayor, says that every time there is trouble in that area, that particular fire station has been used as a command post. And as such, they are vitally, vitally concerned of communications if anything were to go wrong. We don't want to go to the Caleb Center to set up a City of Miami command post when it rightfully it should be, and has been in the past, at 46th Street and 12th Avenue. Mayor Ferre: Okay. Can we go on now? 23. REVIEW 0: CONDITIONAL USE PERMIT DRIVE-Ifl TELLER FACILITY 1900 BISCAYNE BOULEVARD Mayor Ferre: We're now on item number 19 which is to review the conditional use granted by the Zoning Board to the drive-in teller facility of the D. R. Mead InsLrance Company which is zoned C-1. Planning, Department recommended approval and the plans are ort file. The Zoning Board granted it unanimously. Is there any objector? Is there anybody who objects to it? Mr. Plummer: I want to see the. plan. I've got it here. Mr. Whipple: That's the plan I put on your desk earlier, Commissioner Plummer. Mr. Plummer: Fir. L.'hipple, you know what my concern is. Mr. Whipple: Yes, sir. There is approximately 28 cars that can be stacked up behind the cars in the drive-in teller facility and four lanes. Mr. Plummer: Where is the nap, :ir. 17hipple You guys are giving me so... here it is. All right, this is a conditional use, right? -' SEr 2 4 ml f V tor, Whipple: Yes, sir Mr. Plummer: We didn't do item 189 correct? Okay. Sir, youiteepteetYf'lti$ And this is a drive-in teller for itisurattte? D. R. Mead Insurance Agency? Mr. Whipple: Southeast Bank. UNIDENTIFIED SPEAKER: N0, sir, your honor.This property has been leased by D. R. Mead to Southeast Fir Mr. Plummer: All right, sir. I want you to understank. d that this is a one year time orlimit- conditional use. As such, sir, I am going to put a facility and I see you, allowing As such, the first time I drive by that with cars because of waiting toget into your a street to be cluttered of that conditional use is going facility, sir, your renewal you provide enough stacking space off of the street, I jeopardy. Now either m. have it. Now that's myfeeling in the or you're not going to aCommissiatter on, understand that and you accept approval nothing hope you if there's subject to those conditions prevailing. Mr. Mayor, 19 the conditional uses number one, else or no objectors, I add to number day of completion of construction. Correct. a one year review from the time that the area becomes gesteddue to rco Okav? Number two, that at any hearing prompt The drive-in tellers, those for nrevocation ornon -renewal. this Commission possible Mr. Mayor. conditions, I move the item, y All right. Plummer with conditions moves item 19. Mayor Ferre: Father Gibson: Second. Gibson seconds. Further discussion? Call the roll. Mayor Ferre: Mr. Plummer: Excuse one, for the record, please, put in your name. an I think I should. it's NationaiJames Mr. James Sweeney: BankeBuilding. 1400 Southeast First attorney. Address Mr. Plummer: .Other than that, you can't get paid. Mr. Sweeney: Thank you, Mr. Plummer. . Mayor Ferre: Call the roll, please. introduced by Commissioner Plummer , who The following resolution was 7 -� moved its adoption: RESOLUTION NO. 81-791 i� A RESOLUTION TO RATIFY CONDITIONAL USE AS LISTED IN 1(33) (f), TO ORDINANCE NO 6871, ARTICLE XII, SECTION FACILITY ON LOTS 1, 2, 3, 6 PERMIT A DR_VE-IN TELLER BLOCK 2, MIRP.MAR CORAL PARK (2-66), BEING 4, BLOCK A, APPROXIMATELY 1900 BISCAYNE BOULEVARD, AS PER SITE COMMISSION a4; PLAN ON FILE; SUBJECT TO REVIEW BY THE CITY ter'" OF CONSTRU CiION; FURTHER _ WITHIN ONE YEAR FROM DATE REVOCATION IF ATTHE AREA VOL.Ui1TARYBECOMES SUBJECT TO CONGESTED WITH TRAFFIC ZONED DEDICATION OF THE NORTH 8' OF LOTS 14 A2�� 16; 'L C-1 (LOCAL COMMERCIAL) (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). �)pon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: (CONTINUED ON NEXT PAGE) PC SU �: C7 I ], i commissioner J. Pl.urn L sp, Jr — COMissioner Joe Commissioner Armando Lacasa ;. r�a Vice -Mayor (Rev.) TheLior- Gibson Mayor Maurice A. Ferre 3 f DOES: None ABSENT: None 2:72.AVE:;U7 EADIiiG ORDIlNA110E: CHANGE ZONING OF AREA BOU_iDED BY HORE DRIVE, N.E. 17 TERRACE, !I.E. COURT, N.E. 2 AVENUE, 1;.E. 16 STREET 15 STREET, N.E. 1 AVENUE, N.E. 14 STREET, il.F,. 6 I-395 FROM: C-1 C- ` AND C-4 TO CBD 2 Mayor Ferre: Take up item 14(a). This is a Planning Department application to change the zoning of area generally bounded by North Bayshore Drive, 17th Terrace, 22nd Avenue, 16 Street and so on. If no legislative action is taken and so on. Its received the approval of the Planning Department and tb.e Planning Advisory Board on a 7-0 vote. Go ahead, Mr. McManus. Mr. Joe McManus: Mr. Mayor, members of the Commission, this Commission has previously approved a CBD-2 zoning district. Might I remind you that that district provides floor area ratios reaching up as high as 12 which is equivalent to the floor area ratio of the new Southeast Bank Financial Center downtown. What I'm saying is this is a very intense district. We are now bringing before you the actual mapping of that district immediately around the Omni area and the immediate 2 blocks south of the government center. The Planning Department had a very express concern over the application of this district in regard to the infra -structure, principally, the transportation. The concerned property owners have supplied traffic analysis which they will describe to you in a short presentation. Let me just give to you in one sentence the conclusion of that study. The major conclusion of the study is the transporation system serving the Omni area can be improved to serve the intensified development permitted by the CBD-2 commarcial zoning, provided that public policy decisions are made to encourage mined use development. What that says is that our transportation system, with some modification, can accomodate the developments visualized in that CBD-2 district. There are problems once we go beyond those boundaries. Now, I believe the traffic study has been supplied to you in supplementary material. The Department of Public Works has also supplied to you, by a memo, their summary of the transportation intra-structure and the impact on the utilities systems. I'd now like to bring to you Mr. George Varkey, Downtown Development Authority. Mr. George Varkey: George Varkey, Director of Planning, Downtown Development Authority. We have brought before this... regulations have been passed and what we have before us today is the mapping of an area in the Omni, in the general vicinity of the Omni. The consultants have completed a traffic study, and the primary emphasis of the traffic study was to make sure that any development of the intensities that are being proposed can in fact be accommodated in the area. And for that purpose, trafiic study was completed and has been transmitted tothe CommissSon. I'm going to be very brief because the Commission has already received a copy of this report and you have a long agenda before you, The key things that we have: found is that the area has been recouLannended by the a Planning Depart�W-ent for u,a in is pp g food, and it can be uap,ed development, developed at the intensities proposed in the regulations within that district, then with minor traffic improvec-lents, the development can be accomodated. Future expansions of this boundary r.nd also increased densities in the areas around will be subject to the service that could 71, 69 SEP 2 41981 l Mr, Markey: (continued): be provided by the People Mover coming into this area, and possibly Metrorail at a future date. But the key thing is that developments within the district that is being brought before you today can in fact be accomodated without the People Mover. So one thing we carefully evaluated is what if the People Mover was not built anddid not serve this area. So we have taken a smaller area and the primary reason for taking a smaller area is because we recognize the limitations of getting public improvements at the rate at which private development 14 occurring. So with not much more to the presentation except urging you to recommend that this area and the Omni area be mapped re for CBted toDthe as placed before you. I'd be happy to traffic study. The consultants who worked on the study are also available to answer your. questions. Mayor Ferre: Are the people from Barton Aschman here? Mr. Varkey: Yes. Ferre: Would the representative of Barton Aschman stand up, please? Mayor Mr. Varkey: WE have Jerry Wentzel from the firm of Barton Aschman. Mayor Ferre: Mr. Wentzel, from this study that is presently before the "Summary Transportation Analysis, of Commission, which is entitled Report Omni Area of Downtown Miami., Prepared fur CBD-2 Commercial Zoning for Foundation by Barton Aschman Associates", in it, the New World Center of findings and recommendations on page 13 which in effect, you have summary Rapid Transit, I mean without the People Mover says that even without the Downtown Distributor, it is your company's finding that the improved or transportation system serving the Omni area can be, within reason, by CBD-2 as defined. to keep pace with the intensified development permitted required for the street And with this new zoning. The improvements have been identified for 3 time periods, system and the transist service 2000. A4id it is your conclusion that there are 1985, 2000, and post outionsltotthe problems that will realistic solutions transportation viable and exist as this areadevelops. Mr. Wentzel: That's correct. =! Mayor Ferre: Is there anything else you want to add? Mr. Wentzel: No. Unless there is any other questions you might have. did determine, as —� A further explanation on the transist situation, as we is to occur you said, in 1985 that the development that now projected impact the transportation system even in that area would in fact, not not available at that time. As we start if the People Mover System were in the 1985 to the year 2000, it is necessary to increase moving period transit ridership from the present 25% up into the range of 40% if the hat / area continues to develop that PeopleMover asdthe Downtown to achieve People it would be approp toahava systemisuch System available by that time. s� Mavor Ferre: Yeah, but you'r not hedging now on this. You're saying, the the things that you're recommencing on page 14, which is improve on, upgrade this one and provide the capacity of N.E. 12ttl Street and so these are all doable,•and in your connector be improved and so on, in 1985 that will solve the traffic problems of that area. opinion, Mr. Wentzel: That's correct. Mayor Ferre: And thee things that you provide in the year 2000, which is _ provide a DCIfi. ..� l--It ` s a 1lcM? Is that a People Mover? Mr. Wentzel: That's the same thing. It's a downtown component of the s Metrorail which is the old People Mover System. Mayor Ferre: I see. That's the new term i... this is the new Republican it DPM and the terminology for it. Is that it? The Democrats call Republicans call it DCM. It's the same thing. 0 Mr, Wentzel: Same animal. Mayor Ferre: And these are realistic goals? Mr. Wentzel: We feel. all the improvements are realistic and Add by the time periods we've identified. Mayor Ferre: Okay. Can we retain him for Watson Island too? Okay. Are there further questions at this time? Mr. Fine? Mr. Martin Fine: For the record, my name is Martin Fine, 2401 Douglas Road. We represent the property owners on the east side of the Boulevard from 13th to 15th Street. I just want to point out, for example, the parcel at 13th to 13th Terrace in there, is proposed to be developed by the folks here in compatibility with the recommendations, and that is mixed use. There will be office space on the bottom, and residential above it, and that will help bring housing into that area of town which has very little of it. We'd be glad to respond to any questions. But we're in accord with the study. We've been working with the department. We appreciate their cooperation and we think this is a big step in the right direction. Mayor Ferre: Counsellor, do you want to say something? Mr. Traurig. Mr. Robert H. Traurig: Robert H. Traurig, 1401 Brickell Avenue. Mr. Mayor, we totally support the application. We feel that CBD-2, as mapped here, is perfect for this particular area. We would like to suggest, however, to s� this Commission, although you couldn't take action on this request today, that you give some formal direction to staff regarding a couple of matters. First of all, as was brought out at the Planning Advisory Board meeting, there is an inconsistency in this map. We think that it should be expanded in two different directions. One is , if you'd notice, that south of the Lindsey Hopkins Educational Center between that and the connector, there is a parcel of property which really fits into the CBD-2 but which has been just almost arbitrarily excluded from it. Mayor Ferre: What parcel is that? (INAUDIBLE BACKGROUND COMMENT PLACED I)T?TSIDE OF THE PUBLIC RECORD) Mayor Ferre: Just that one block. Mr. Traurig: Well, it's actually 2 blocks. You'll notice that the CBD-2 is mapped to the east and to the north, and to the south is the connector. Mayor Ferre: You're sure it's not 3 blocks? Mr. Traurig: 3 blocks. Well, I don't count so well. What has happened is the Planning Advisory Board directed staff to come back in one year with an updated study which will include that area, or give it some other designation because development of that area would be consistent with the objective of the CBD-2. They talked about bringing it all the way over to Miami Avenue. The second thing that I would like to call to your attention, is that the CBD-2 ends at 17th Street. Now there was a representative of Al Pallots office here in representing Biscayne Federal that asked that it be expanded to 19th Street. And I appeared before the Planing Advisory Board, and I suggested that because Braman Cadallic was planning a major office complex about 21st Street, that it ought to be expanded even further north because, really if ...,e are establishing an area for a new urban sub -center, then we ought to make it as broad an area as possible. And it may very well be that the same characteristics that we're talking about regarding CBD-2 don't exist at 21st Street. Maybe. the FAR ought: to be lower than what the CBD-2 is, but if this Commission could direct staff to come back as soon as possible with a plan for the area immediately north of where CBC-2 is mapped, I think it would serve the City's purpose. Mayor Ferre: How high is high? 71 SEP 2 41981 r 0 mt. plutmwe ; North or south? mayor Vetre: He's talking about... .••I� Traurig: I'm talking about bothfurther ng�orth t this being south, and then Mr. Braman's property is Mayor Ferre: How high is high, Bob? you see, look... Mr. Traurig: I think that an FAR —here we've got an FAR up to 12. problem is with this approach. I Mayor Ferre: Let me tell you what my p to do wish you wouldn't use names. Because I don't think thispens has anything ingof tto with, you know, I happen to think ANormathBnk he iapa super guy. But that nicer people in this community. has nothing to do with Norman Braman. Mr. Traurig: I understand, sir, and I'm only suggesting... counsellor, if we could approach this matter Mayor Ferre: I would prefer, about this for this way. It seems to me, and we have been now talking umbrella over a long long time, that we must design a pyramid type downtown Miami because what is happening is that we redefining the downtown urban core area. Now we don't want to fall into the trap,tot seems to me, of spreading it to a point where we will do injustice the central core area. Yes, I realize that when land is worth $55.00e r $10.00 a square foot, that it is easier $125ealsquarewith tfoothan WheBut if we dealing with land that is worth $1 rezoning and upgrading property that has an FAR value of go around andre o et this guys property 12 and start to extend it because wewouldn'tgitobe nicer if this was or that guys property because look, squared and that we don't have a little jog here and if you're going to o to go 18 up to, you know, "X" street, if you're going to 17th, why not g 18th, and you know, we really should do it to 21st. How about the Bacardi property? Mr. Traurig: We'll stop there. Mayor Ferre: We'll stop there. See? But the the next thing is Bayou know, y going to say, well you know, attorney is going to be here next week and he's g g u but the Bacardi's ou of Norman Braman's property, he's such a nice guy, iece if y g ou know, and we really should include that p are nice people too, y ould be a much better cut—off because it squares it. of property and that wthan odd numberswe And anyway, even numbers are better and point that should that I'm go up to 22nd. And you know, we can go on and on. 'fie P trying to make, and I'm not trying to make... Mr. Plummer: Excuse me. It's like the theory in Bay front Park in parking. Bob. I think the point Mayor Ferre: I'm not going Co make light of it, and we need is this. That I think we have to go about this without names, to go about ruely this in a cOnsciencious way so that it is really a this applicable reasoned out thing. Now, it is my opinion, because this affects Brickell Avenue, okay? Now we have an under used Brickel]. Avenue• time the reason is that we have not done what lw shouthink ldhavebsurd toohave FAR g ago, Now, i.t is my opinion ,`lndtit daysiand days arg,jing, and with all due ratios of 1.8 and here we spendd here respects, the editorial department of some newomalf 9sFARo n .3. And te these scathing; editorials because we've g> go at 12. Now, you might recall that that all of sudden, bang;, we I know that that morning newspaper editorialized that this was ol:ay, 1`ow, of prope has nothing to do wrty in the ith the factwt�haol they l.oa,adown on Brickell Avenue general vicinity, but this one y 2.ust terrible. when we go from, 1.9 to 3.2, oh, that is terrible.0 Tltotis There's See, that's okay up around this, Tart. we can g � F' 2.4, that's a no cricitism of t1�at but when wee go fro 1.9 to _ 3, major editorial. Now, the point I'm trying to mLke is that I think we must be consistent. Aid I think, 1n my opinion, that if we're going to get buildings of 15 and 20 FAR in the center of downtown, that we have `72 SEP 2 ��1 Mayor Ferre (continued): to scale that down as we go from the center. Now that means that property around t2,.e b:ickell Avenue area that has been, in my opinion, under utilized what is left. We must upgrade. And maybe we might go to a 6 or 7 or an 8, I don'z know what it is. But I chink that we have to get kind of a pyr.nmid or a triangle, if you wish, so that it goes down. I do not believe that it is right or proper for us to go to a 12 FAR which is a mammoth. If you get a 12 FAR in the area outlined in yellow, sir, I would tell you, I mean the outlined area here, that there would be more square footage construction in that area than exists in all of downtown Miami today. That's how much FAR you're talking about in that area. Mr. Traurig: We concur. We don't even suggest that we have half of 12. But we do think that it ought to be greater than what it is today, and we like the idea of the pyramid, and if a study could be made as expeditiously as possible. The only thing I call to your attention that the PAB had called for a one-year study, and we think that that is excessive, and perhaps you could review this here and in other areas of town if you feel that it's appropriate, as quickly as possible. Mayor Ferre: All right, sir. Father Gibson: Mr. Mayor. Mayor Ferre: Father Gibson. Father Gibson: Some time ago, we...Mr. Reid, you take the... some time ago, I thought we talked with you about what was happening in that general area. If you and your department had heeded the warning, then, or even now, maybe what is being said by the Mayor would not have to be said. I said to you, and I want this for the record because I may not be here when all of us have to fight with this thing that is on the Commission, I said to you that I thought that whole area needs to be resettled. Do you remember the fight with a client of your building up... Mr. Reid: North Bayshore Drive around 18th. Father Gibson: Right. And rather than piece -meal us to death, if a study would be made that that everybody is put on guard, say, hey look, this is where we are, this is what we're about. We give you ample warning. There is no reason why that mans client should have built the kind of building he built and then within a matter of I guess it was maybe about a year, then some other client came and wanted to do him harm. Isn't that the way it was? All right. Now, if everybody knew, just remember, thag area - was one time, you know, most exclusive. Now, it isn't any longer exclusive. And so it would appear to me that if we're going to develop in that general area, and we don't have to call no names, we can just go on with an orderly process from say from 14th Street or let's go back to where that ... where the expressway is. Where that vacant piece of land is over there that you're talking about, all the way up to 36th Street and develop and orderly process. And put everybody on guard. It would maize it easier for us who live up here to live rather than piecing out a car outfit, or a bank outfit and just move on. I'd like for you to respond because you responded before, nothing has happened, and before I get off, I want to make sure I hear you again. Mr. Reid: Commissioner Gibson, we did listen to your suggestion in terms of the area that's generally called the Edgewater area, going all the way from 17th to 36th, from the Omni to the Charter Club. We initiated a planning process there, we developed a draft plan, took it into a community meeting and frankly, between .i;;at the community wanted and what the department was recormnending, was a wide gulf. We're trying to bridge that gulf and come to this Commission with a plan that has a good technical foundation and community support. We have not been able to achieve that yet. We're at loggerheads in terms of the iuo.Lediate residential community who want no new plan for the area, and nothing to guide change. We don't agree with that. We havn't been able yet, in the planning process, to come up with an approach to you that involves the community, that they have confidence in and that deals with the issue we're talking about. So the answer is we're working on it but we havn't 73 SEP 2 41981 r V fir, Reid continued): come to a conclusion as fast as we should have, Aftd h i - to admonish us for it. you're quite r g•� I said Let me ask you this. When I brought that w styourer uclient, Father Gibson: thought was so necessary to you that one o, the things I at area, ought to be part and parcel of coming Rollo, all of those people in that Stea'b step development process. Have to a reasonable sensible, logical, P y ople9 you involved all those Pe owners owners, major property Mr. Reid: We've invited all of the property teat Public meetings up there. But believe me, there is g to several l future nd we just fragmentation in that community abvuittto closureofNowe itrsaour �intention haven't been successful in bringlno with you. We don't think we ought to do so, Commissioner, because we agreeyou know, not to be making piece meal decisions here and constantly+ otential to be problem use can see coming. That area has the p attack a p y good condominiums along the from Brickell Avneue north• erndetobackl andurbandesign controls going bayfront, out with prop opening up those bay vistas. We the bayv as we're doing in Park West, and op an make it a very sensational area. But wethhaven community initermsr fca c aztment closure between the Planning Dep presentation to this Commission that would allow that. Father Gibson: All right. Mr. Reid: I appreciate the questions and we are working on that, Commissioner er in son. One other comment into the record in terms stateethattfront we do Gib I think it's important whatever of the Commission today. the Downtown Component of Metrorail, need the Downtown People Mover, and that is the difference it's called, will be served to support this area, ro erty between this and the properties to the north. This P pnumber one, and by Metrorail and can support this higher level density, number two... Mayor Ferre: No, you don't mean Metrorail, you mean the DCM. cnent of Metrorail. The second thing is that Mr. Reid: DCM. Downtown Comp attern. If the area developed all as we must monitor this development p office, there would be 14,O0O,000 square feet of development there. Much too much for the road system and the DCM dtWe mayandto come back and e.- We must have mixed use. We're going to watch that over time. modify the zoning out there. I just want to point out Mr. Fine: Mr. Mayor, members of the Commission, built on. That's the property that a good part of that property is already h Terrace on the east side. I don't know wh from ISth to 17tere the rateful if you would number of office space comes up, but I would be g whatever is today on first reading, and then doing consider passing this but I'm representing appropriate in connection with any other property, articular props>ry on 13th Street to that to this Commission that the p development in concert court in there is being planned for a mixed u._ it would come back with the plan, and we would lope if you pass .t today, omeeting, which I understand is n second reading at your next October 22• I don't mean to pick Mayor Ferre: hit. Fine, let me ask you and perhaps, on you, Bob Traurig also, and Jiro Reid from the dnow?stration might want to answer this. 1d11at was the FAR generally ener Mr. Fine: Well, the FAR is 2. And I want. to point out to you that this 12 is the absolute maximum. I know, you get a lot of b onsuses. Mayor Ferre: Marty, l'm for this. I'm going to vote for it. Mr. Fine: I understand. Mayor Ferre: I don't want you to misunderstand. It. nobuilding want dtogup to lay i go against it. I'm for it. I'm going to vote for t some precedents on the record. Now, if a Piece of property, let's say '74 SEP 2 41981 0 Mayor Ferre (continued): I have 100,000 square feet, in that general area. And I can now go up to, I can now Ouild 200,000 square fv_ot of space. Now instead of building 100,000, I can go up 12. Is that right? So instead of 200,000 square feet, I have 6 times 200. That's 1,200,000 square feet. Now let's say that minimum values are assigned per square foot on a piece of property. Now let's say that I don't think it would be too ridiculous to say that a piece of property is worth $10 a square foot, as a finished piece of property. So when we go from 200,000 to 1,200,000 in that property, we effect are going up 1,000.000 square feet. And at $10,000, that's $10,000,000. So what I'm saying through you, and through you, Bob, to your clients, to the property owners, some of which are here in this room, okay, I want to just send to you a message that we are increasing the value of yoLr land by what has been done here. The various property owners, some of Y+hich are here, from $1,000,000 to $10,000,000 in net sale value. Now the reason I'm telling you all this is very specific. We are going to put a People Mover, now called a something else, what is it? Downtown Component of the Metropolitan Rail System. We do not have the money to do that. We do not have the money to do that. Now, it is going to be valuable to you as property owners, and when we come to you, when we the Government, when this City comes to you in the next year, and we're going to go to you, and say to you, gentlemen, Tye cannot afford to build the DCM to your area and you're going to have to come up with a little bit extra because Mr. Reagan and this Congress, Democrats and Republicans alike are not going to have any money for DCM's. And if you want to have your value properly developed, you're going to have to be a little bit cooperative, and you're going to have to come up with a big chunk of the money to have that transportation system put in place. And I -want to go on record that as I vote for that, I am extremely conscious of the tremendous economic value that all of a sudden over night because of one swift vote, that property is going to take. Now, I want to say one thing else as a justification for my vote, okay? Because some people are going to say, well, in a way we're not doing a favor to our attorney friends in Miami because I don't think they're clients are going to need them to upgrade the FAR and the zoning values in the next 10 years because we're doing it at one fell swoop. Now, I'm not saying this in any way critical. I'm just making a point of fact. Now I would like to express I feel very strongly about this because I went through this. I was there were you are, Marty, and where my friend Panco Manrique and Ted Hollo and others were on a piece of property on Brickell Avenue. And sitting here was Robert King High. And my Mayor, Robert King High, said to me, and Dan Davis was my attorney. He'd just quit the County... Mr. Fine. Couldn't do any better. Mayor Ferre: —and Dan Davis was representing me. And Rober King High here sat and told Danny Davis, with Ferre sitting in the audience, he said you don't need to worry. He said just because we're going to give the opportunity to some people to have that zoning on Brickell Avenue doesn't mean that you taxes are going to go up. And I kept quiet through there and I got up and I said Mr. Mayor, I'd like to tell you that I consider you to be a very intelligent man. I'm a young, I was in my 20's, I said I'm a young man, I don't want you to insult my intelligence because you know and I know that the moment we start upgrading zoning potentials fbr property that you open a flood gate and you know that my assessments are going to go up. Now I want you to know that I don't want to put up an apartment in my property, I want to live there. That's my home. I want to live it as a home. Now I want to tell you in 1480, which was 15 years after this had happened, or whatever, 12 years since Bob High gave me that lecture. And God rest his soul, he was right. and 1 was wrong, and thank God he did what he did. Or I would have been in a lot of trouble. Mr. Plummer: No, more trouble. Mayor Ferre: No, I'w T1Ot in trouble now. I would have been in a lot of trouble if that had becri kept as a residential community, I would have had a lot of problems. And thank God Bob High, as Father once in a while says, did it to me. Because ghat he did to me was a favor and of course, I didn't know it then, but I knew it 15 years later. Now let me tell you that We're doing it to these people, and let me tell you what we're doing to 75 SEP 2 41981 0 V Mayor Ferre (continued): them. Yes, they're going to make a lot of money, but the value of that land is going to increase astronomically in the tyext couple of years. And this here City of Miami, according to Joe Carollo, and according to J. L. Plummer, and according to others, needs more policemen, and I happen to subscribe with that theory. And do you know who is going to pay for those more policemen? Those fellows whose property we have now increased it value. So along with increasing and putting some money in their pocket, which we're going to do, we're also going to put some money in the pockets of the tax coffers of the City of Miami because I don't want them coming up here and arguing, and I'm going p ye in the next few years to see If they go before the tax assessors to compalin about their tax assessment. Because this is a double-edged sword, and the name of the game is staying power. Now, since we are not doing this individually, and maybe some of these people may not be able to pay some of these taxes in the years to come, there will be others that will come along and pay the taxes once they relieve them of their property. And what will happen is that we will have a general upgrading of that area. And I think all of us are the beneficiaries of it. So I want to say very conscientiously that I am not a fool, and that I understand exactly what we're doing, and that I subscribe that this is a progressive move for the welfare of those who -re critics around here, and I see some of them floating around in and out once in a while, that we're doing this so that we can fight crime and so that we can help the neighborhoods. Mr. Fine: We're in accord with that. Mr. Plummer: Mr. Mayor, let me ask, Mr. McManus, what is it they have if this passes in an FAR without bonuses. Mr. McManus: I think it's approximately 7.5. does of the nsuses that they are b.eP to receivehto go up. to 12, iscthatone o a heari g able before this Commission? b 1 Mr. McManus: I think it's our present intention to take that before the Urban DevelopinntDeeBoard Wenhavevtotdiscussethatea l�ittletbut ion directly to the Buildl g partment further in ronjuction with... Mr. Plummer: Well what about, where does this Commission come in on the bonus? Mr. McManus: If that were to be the way that operated, the Commission would not be involved in it. However... Mr. Plummer: Well, if we don't want it that way. Mr. McManus: You could suggest it administratively and we'll handle it. Mr. Plummer: Well... Mr. McManus: You could suggest at here, Commissioner. Mr. Plummer: Here's what I'm getting at. You know, the Mayor just struck a cord with me. What could we do, for an example, to where they could have an FAR of 6 and from that point on, be based upon bonuses allowing them to go to a 12? Now you know exactly where I'm corning from. Marty knows. He's donated black olive trees, Bob Traurig has donated black olive trees. Let me tell you something. If these people are going to be increasing 10-fold, where does the City come in? Mr. Fine: May I try to respond to that? Mr. Plummer: No, no. You will be in a minute, Marty. Mr. McManus: Commissioner, you have suggested that there be some sort of review after they hit an FAR of 6. Now, right now they are allowed the lowest base is 7.5. 76 SEP 2 41981 s� Mr. Plummer: Under the present, without bonuses. Mr. McManus: Without any bonuses, commercial use if 7.5 Mr. Plummer: All. right, now look here's my problem, all right? I so well remember Omni and we're all tickled pink that Omni is there. Okay? Its been a saving factor_. But even to this day, I've got in my craw that this City had to put up $500,000 of tax payers money which eventually was returned, to get them into business. No body gave me money to get into business. Nobody loaned me money, all right? What I'm saving is these people are going to be receiving, whatever ycu want to call it, a bonus, a gift. They bought that property today zoned as it is today and are entitled to no more. All right? So they're not entitled to anything. Now if this City is going to give them something, what are they going to give this City in return. I'm not...Maurice, don't tell me taxes. Taxes don't pay for the municipal services that they will require. Mayor Ferre: Oh yes it does. Mr. Plummer: No it does not. Mayor Ferre: That's what they pay taxes for, J. L. Mr. Plummer: But it's still, that's what they pay taxes for, but the taxes, ad valorum taxes does not cover the municipal services that we have to provide. Now if they re going to be increasing the value of their property ten -fold, I think this City, not ... I'm not looking for dollars. Don't get me wrong. But I'm talking about amenities to that particular a!° -,a. There seems to be, in my way of thinking, an obligation on their part to put back into that area some of the land fall bonsus that they are r receiving, such as landscaping, such as upkeep of roads, and maintenance, �. and streets, and lights. Now you know, I'm sorry. Cooperation is a two-way street, profit is a two-way street. What is this City going to get back ir. return? Mr. Reid: Mr. Commissioner, let me interject here briefly. We could bring back before the Commission an overlay district that mandated certain amenities. For example, that mandated landscaping, that mandated if there were a DPM station established outside your property, you would provide connection to it. That would mandate certain second level pedestrian walkways even, over some of the streets to connect the entire complex. Mr. Plummer: Like Atlanta. Mr. Reid: There are some other direct benefits, Mr. Commissioner, built into the bonsus system. One is we provide bonsus for residential uses. Mr. Plummer: No, no, no. Wait a minute, Jim. We're not even talking yet to the bonsuses. I'll get my whack at the apple then. I'm talking about from 2 to 7.5. What is the City deriving out of that? That's what I want to know. Mr. Reid: I think primarily tax base, number one, and number two, in terms of net fiscal impact, what it cost for City services an what... Mr. Plummer: We don't break even. Mr. Reid: On comrmnercial properties we do. Actually, residences in terms of net City services are the ones that don't pay their fully, particulary single family residences. So when you do a fiscal impact sutdy interms of dollars in and dollars out, the ones who are supportive and will be the beneficiaries of strong downtown in terms of net fiscal impact are Miami's residential neighborhoods. Mr. Plummer: Jim, I agree with all of that. Okay? But let me tell you something. Let's just for liypotlietical say that they are 3 times increasing the value of that property. 3 times. Just without bonuses. 6 times if they get the bonuses. Now they have to work the bonuses and we'll get a whack at that apple. But what I'm -aying is I want to know l 17 r, t 0 Mr, Plummer (continued): what is being derived or are the them of that area and for the citizens of this community windfall. Number one, when property taxes rise in relationship Mr. Reid: Two things. ement to development, because to the higher value, there is more encourag taxes, if you jtSt sit on the property and are paying much higher property sooner, that's another carrying cost. So tae get development J.npe the pipeline number one. Number two, we get development into the pipeline at lower cost Jr. terms of what' s produced, because when we have to handle every separate and the attorneys are mal.�ing this mint= with the effect of the application, ok.a And to the zoning process. ).t's costing the developers money, Y extent that we can make it easier for in effect helpin,pmthe consumerto eandohelping wth rthe e want it to occur, we re , tonal competitor for a development process in our City because ke n a rag' in a proper way in lot of these facilities. And if we don't encourage themand losing them to our City, we'r going to be losing them to Coral Gables, the Palmetto. So that's what we gain in terms of two direct benefits. Mr. Plummer: Let me hear from the other side. Marty. I've heard you speak Mr. Fine. Mr. Mayor, members of the Commission, J. I'm not sure that the of this before, and I must say, in all due respect, guilty of that. case has been presented to you properly and I plead Firstly, been and I are going to form a charitable foundation, if anybody's concerned about us, in terms of... I've heard you been operating on one for years. Mr. Plummer: Hell, aw school rough Mr. Fine: No, no. We fairly ith that. wFirstly, e went altwo hblocl that blocks away there together and we'll deal fa y is an FAR of 30. Mr. Plummer: Marty, let me stop you. Mr . Fine: Well, if you're going co do that, we'll never get answers. is Mr. Plummer: Let me stop you all right? Because orMayor sitting t nitybetweennow and ; back here cracking the whip. you'll have that opp You and Bob come see me. second reading. Okay? Mr. Fine: That's good advice. I always take good advice. Mayor Ferre: Is there a motion on 14(a)? Father Gibson: Move. Gibson moves, Lacasa seconds. Further discussion Mayor Ferre: Father on 14(a)? All right, read the ordinance. AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6871, TH��MPRETHESIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY ZONING CLASSIFICATION OFETHE 7AREA GENERALLY BOUNDED BY NORTH BAYSHORI DRIVE, N.E. 16TIi STREET, N.E. 1ST COURT, N.E. 15TH STREET, N.E. 1ST AVENUE, N.E. 14TH STREET, N.E. 2ND AVENUE AND 3-I95 (SEE LEGALRCIAL)IC-3 DESCRIPTION'S CO}�iERCIAND 14A.P L) ATTACHED), C-1 (LOCAL Con4 CENTRAL COt•4dERCI AL) , AND (GENERAL COMMERCIAL) TO C}3D 2 BY MAhINC ALL 'i'HE NECESSP1tY CH.PNGES IN I'1tE ZONING DISTRICT D ORDINANCE N0. 6B71, HLRI OFE REFRENBYCE MAP MADE A PART OF SAI AND DESCRIPTION IN ARTICLE III, SECTION 2, i REPEALING ALL ORDINANCES, CODE SECTIONS, OIt PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERA-BILITY CLAUSE (CONTINUED ON NEXT PAGE) 9 1�2 Was introduced by Commissioner Gibson and seconded by Commissioner tacasa and passed on its first reading by title by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commission�_T Joe Carollo ABSENT: None The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commission and to the public. ON ROLL CALL: Mr. Plummer: I'm voting yes, but make it clear on the record that I am withholding my right to change my mind, or to alter at the second reading. Mayor Ferre: Yes. We always have a right to change our mind between first and second reading. And I... Mr. Plummer: Mr. Mayor, there is a difference between changing my mind simply, or fighting like hell. It will be up to the developers to convince me. Mayor Ferre: I vote along with my colleague, J. L. Plummer. 25. CHANGE ZONING CLASSIFICATION; OF AREA BOUNDED BY W. FLAGLER STREET TO I-95, S.W. 1ST STREET A!M S.W. 1ST AVENUE FROM R-4, C-2 AND C-4 TO CBD-2 Mayor Ferre: And now we take up item 14(b). Who wishes to move that one? Which is the same thing for the Flagler area. Gibson moves, Jacasa seconds. Further discussion? Read the ordinance. (AT THIS POINT THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD) Mayor Ferre: Call the roll. AN ORDINANCE ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF ALL OF BLOCK 137N, AND LOTS 1-5 26-30, BLOCK 138N; MIAMI A. L. KNOWLTON (B-41), BEING THE AREA BOUNDED BY WEST FLAGLER STREET, I-95, S.W. 1ST STREET, AND S.W. 1ST AVENUE, FROM R-4 (MEDIUM DENSITY MULTIPLE) , C-2 (COMMUNI1Y COMMERCIAL) AND C-4 (GENERAL COMMERCIAL) TO CBD-2 (CENTRAL. COMMERCIAL) , l=.ND BY MAKING ALL THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871, BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABIL17Y CLAUSE & . 0 Was introduced by Commissioner Gibson t and seconded f y Comm rim issioner tacasa and passed on its first reading y owg vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner Joe Carol'o ABSENT: None The City Attorney read the ordinance into the public record and .le to the members of the City Commission announced that copies were availab and to the public. ON ROLL CALL: Mr. Plummer: Predicated on my previous statements, I vote yes. FOLLOWING ROLL CALL: Mayor Ferre: I would like to ask the administration, Mr. Reid, is Mr. ® Re'd still around or did he take off? Mr. Reid, I know it's only a small little area in the downtown area that we're talking about here, I'd like to visit with you on this. You know, just like a lot of people are Plummer on this, I want to visit with you a little going to go visit with l bit about Flagler Street. Becauskind offellninto,this. Yhouknow. It Just I think Flagler Street j happened to be there and we kind of squared off a piece. •AnWeI also have concerned about that. I want to talk to you a little bit Brickell Avenue, which as I understand, you have advertised and it is before the Planning Boa::•d in October. Mr. Reid: It's going to go before the Planning Board October 22nd. Mayor Ferre: .And when are you coming before the City of Miami Commission? Mr. Reid: It will be in November. Mayor Ferre: November, Mayor Ferre: All right. Well, I want to talk to you about that whole general area of where we're heading in all these things. Mr. Reid: Certainly, Mr. Mayor. — wants to do that before November the 4th. Mr. Plummer: And Mr. Reid, he Mayor Ferre • I don't have any concern about it. Before November to 3rditdiscuss after November 3rd, - 's all thf. same to me. I'll be happy it, and we'll be here to discuss it. w . a t^ # �3m -, r '+ fi .�r't-h,'Sr fr✓u'� �. t F �,. [, r +?'a r 6 > sr .fi,� [x i t j n. �tr �' t' { 1 't7 th `p 1 r 3[ `'4C, 3�'-5�f�r' ��ln {r`�j 'S ;°�A fit: t p y r {tk fl Air s - - i SEP 2 41981 26. DEFER CONSIDERATION OF APPEAL REGARDING FENCE HEIGHT AND REQ"JESTING CONTRACTOR RESPONSIBLE TO APPEAR BEFORE COMMISSION Mayor Ferre: Now item number 20. Item number 20 is our next item. This is an appeal by the applicant Arnold Gellman. Mr. Plummer: Hasn't this been before us before? Mayor Ferre: Yes it has. The Zoning Board granted ... by 3-2 failed to receive a majority vote which constituted a denial, and the Planning Department recommended a denial and there were two objectors by mail Are there any objectors present? All right, sir, proceed. Mr. Plummer: Wait a minute. Let me ask. of the department. Why was this before us befcre? I'm trying tc remember. Mr. Whipple: This project... Mr. Plummer: Isn't this the one behind the trees? Mr. Whipple: Yes. You just deferred it, I believe, because somebody wasn't here, or there wasn't a full board, wasn't that it the last time? Mr. Plummer: Oh yeah. Mayor Ferre: That was one of those nice 2:00 o'clock meetings that we had. Mr. Bob Burns: This is a fence that's behind a board. It's barely visible from the street. Commissioner Plummer has a picture of it. My name is Bob Burns. I'm the attorney for the applicant, Arnold Gellman who is present. Mr. Gellman was previously before the Commission, I believe, and this matter was deferred about 2:00 or 3:00 o'clock in the morning. In essence, the situation is as follows: there is fence that is 10 1/2 feet high that should be 8 feet high. It is a side lot fence that is not visible from the street. It affords privacy between Mr. Gellman's townhouse and the adjoining residence owned by Mrs. Cheevers. There should be a letter in your file saying that Mrs. Cheevers and Mr. Gellman, who are neighbors, who are the only people affected, want desperately to have this fence. Without the fence, Mr. GellmaL '^oks directly into Mrs. Cheevers livingroom, diningroom, bathroom etc. It affords privacy to the parties. It cannot be viewed from the street, it gives security to Mr. Gellman. We would hope that if the only people affected want it, and there are no objectors present today, that the Commission would see fit to grant the parties what they wish. I spoke with Mr. Whipple this morning, and advised him that if there were any problems with this, Mr. Gellman, who is present, would be more than happy to execute a convenant running with the land saying that when he sold the townhouse the 2 1/2 foot area would be removed. He would put a bond up to protect against that. In other words, it's a very simple matter that affects only two people who want it desperately and he'll do anything he can to cooperate in keeping this fence there and giving him the privacy and security that he needs. If the Commission has any question, Mr. Gellman is present to answer them at this time. Mr. Arnold Gellman: My name is Arnold Gellman, 2578 Lincoln Avenue. The only thing I would add is ::he unique configuration of my home which makes the living room about 5 feet above the ground level. ThaL's the necessity for the additional footage, as is my neighbors property. when you are standing 5 feet above the ground, an 8 foot fence really doesn't afford us any sort of privacy. Also, the property lines are very close together. 81 r r Mr, Carollo: Who are the people that objected to it? Mr. Gellman: I have no idea. They wrote a letter... Mr. rlummer: Here, they're in red, Joe. Mr. Carollo: What was their reason for objecting, Mr. Whipple, do you know? Mr. Whipple: If you'll give me a minute, I'll check the file. Father Gibson: What item is this? 4 Mr. Plummer: 20. The fen,.'- is already there, right? Mr. Gellman: Yes, sir. Mr. Plummer: Is this one of these cases as Jerry Silverman sed to i` refer to that were not a Zoning Board, but a pardoning board? Mr. Whipple: You could say, that, yes. Sir. Mr. Plummer: In other words, he got caught. Is that what happened? Mr. Whipple: No. As I understand it... Mr. Plummer: Did he take out a permit? Mr. Whipple: No, sir. As I understand it... Mr. Plummer: Did you take out a permit? Mr. Whipple: It w a built illegally by the previous owner. 'That's my. .. understanding. - Mr. Gellman: I didn't build it. Mr. Burn: Mr. Gellman didn't build it. Mr. Plummer: Oh, you didn't build it. Was it built between Friday night at 5:00 o'clock and Monday morning at 89 Mr. Burn: That we don't know, sir. It was a PUD. The developer built _j the complex and the fence. Mr. Gellman owns a unit in the PUD. f Mr. Plummer: Well, who brought it before us? Did our department catch -� him, is that what happened? Mr. Whipple: I believe that's what happened. Yes, sir. Mr. Carollo: Well Jthe''there's thelot majorty being aonebuilt onthan weeicends, on weekends. In fact, probably re Plummer. ifatheuonlyJoe, alternativeproblem we haveere iiswtocan't himhold to tearit man responsible. down. Mayor Ferre: Father Gibson would like to be recognized. Father Gibson: Mr. Mayor... Mr. Plummer: Father... Father Gibson: Go ahead. Mr. Plummer: Father, I suggest that this iatter be deferred, and it be brought back up when a Commissioner requests 132 SEP 2 41981 Mr. Caroilo, if you'd like Your questionanswered ohild Mr, Whipp le. ' you're... Mr. Carollo: I appreciate it. Mr. Whipple: The one says that they think that a uniform height -Of 8 feet is better than the request, and the �heThosestates areithewill two reasonslike giverijail. Next to it is already an 8 foot fence on the cards. Father Gibson: Mr.. Mayor, I want to make an observation. We have as a requirement in this City that nobody can build in the City limits a fence that is more than say 8 feet. I think everybody knows that. And I am sure that the person did not build that fence himself or herself. They went to a contractor. Contractors have a responsibility to their clients to tell them what the Code is. If they don't know the Code, they have no business building in the City. I remember so well some other residents in the Grove area came to us, one man was a doctor. lie wanted his swimming pool hid frcm his neighbors., and we denied that doctor that right to put up that fence which was in excess of of Z feet. Now that is 8, 10. I want _ to warn this Commission, I want :o warn this Commission that if you let this man or this woman, or either or both retain that fence of 10 feet, you have said to everybody, and you are saying to me Theodore Gibson put a fence 10 feet then you, you know, play ignorant, come down here to the Commission, plead on the emotions of the Commission and in all probability we need we will have 10 lawcis the lawn the Do you know whatCiof Miami,I likeiab nk ut law? to say topeople the Are you a lawyer? r Mr. Burns: Yes, sir. Father Gibson: All right, then you and I could talk. A law that works for you works against you. A law that protects me will also protect my opposithe fence.tiI move,And I say that you don't I move that forthwith,hweeinstrucththeohave a owner of that foot that fence. property to take that fence down. Mayor Ferre: Is there a second? Is there a second to uphold the Planning Department's recommendation and the Zoning Boards denial? Okay. Mr. Plummer: The motion dies? Mayor Ferre: Let me have one more time. Does anybody wish to second Father Gibson's motion? Any second? Mr. Plummer: The motion dies, Mr. Mayor. Let me ask a question. Sir, who is the contractor? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. Plummer: Are they still in business? Does anybody in the department know of Bruno Capacelli? You know of the company? (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mr. move that h at•thisdmatterrlbe deferrow GeLani ediandngs we invitethecontractorto-omeMback) e I move at the next meeting &,nd explain why. Mayor Ferre: 1'here'e a motion for deferral. Is there a second? Mr. Plununer: And I want it to be know to the contractor that his existence of doing business in the City of Miami depends on his explanation. Mayor Ferre: is there a second? Mr. Lacasa: Second. Mayor Ferre: Further discussion? f 4 Father Gibson: Mr. Mayor, I want to raise a question. Father, let me expand just one further the tea#6t1 Mr. Plummer: this. Father Gibson: All right. Mr. Plummer: Father, I think that it is blattandttly unfo with air to this ma Who did not build the fence, nor have anything to to a house, and I assume not knowing that the fence was in violatiin,fto farce this man who bought the house to tear the fence down. Now, was done by the contractor, and the contractor was a fault, then I say the contractor is responsible for tearing it down and putting it back in this mans restoration as to legal fence. Now, I would prefer to g havedeferredittof the infinitumcommission is not here. other way but obviouthe sentim I would have liked to Father Gibson: Mr. Mayor, my concern is we needtosend out a clarion call to the citizens of this City that we re not going, to tolerate y our ding 10 foot fences around your property and then come down ishere The an contractor play ignorant, plead ignorant to what the rule of the game knew it. And it ... let me say, to say that that man bought that property et me tell :n violation, all we're doing is encouraging people. You know, l you what I seem to be watching consistently. We an do it on Saturday when you know,.the inspectors are not around, and then on Monday we getothe make endorsement. I say that once donthey haveunderstand worrythat aboutoulre goingwhether the inspector everybody tear it down, you is there on Saturday. They know that if it is there and it is in violation of the code, that they will.have to be sure that they P t have some real problem, I have some real problem with what I see happening. And if we keep on, the code in this City wouldn't be worth a midi . and i it's all right to come here and plead your hard ... you know, P all of that that. All you have to do, let metelthe Commission, I. want ask them. to ask the Commission something that you public How many of you went and saw that fence? I'm looking to see. behind Okay. Let Let ing me tell you something. It is easy to hide any doggone ere you want to hide. Now I'm not saying that's what you're doing. But let me tell you what I am implying. If we had 10 foot fence on each piece of property around therewe all would have a whole wilderness munto ourselves. , e not That's what it would be. And o thaseet1andhy I make it see what theapoint reasonabl�ness is. And to pass on zoning unless I g with all the trees you have in the Grove, and all that oti:er business for people to steal and hide behind, and don't tell me it doesn't happenbeen my brother, 1 know the Grove better than you. Any of y ou all those trees, and the people don't cut living here for 35 years. And you know, down here, you go hide behind th^m and all that kind of junk. I don't want the 10 foot fence. Now I don't have the votes. come here want to register my protest, and I want you to know when o I'm going to with the contractor I want ... he knows from the word g o that be voting against the 10 foot fence come hell and high water because he should have done the right thing. Mr. Burns: May I be heard? Father Gibson: Sure. Mayor Ferre: Quickly, because we have to move along. Mr. Burns: Mr. Gellman and I have been here since 9:00 o'clock this This is a Planned Unit morning and we just want to be heard, that's all. City. A Planned UnitDevelopment Development. It was appr oved by the involved necessitates very compact living con on the lot go Mr. Gellman bought a townhouse in a PlannedcUnit Develo�nneontwill fsee You and inspect as Commissioner Plummer has, him townhouse, ) living quarters. that from here to that gentleman right there a Nears 11as approved the Now the City of Miami Planning Deparment over ab The Grove is a fashiona ble place. townhouses like this, PUD's like this. each other, whatever. It is an unusual People want to live on top of looking ii. someone else's bathroom or livingroom circumstance when you are 84 SAP 2 c �Zj%1 0 Burns (continued): which has been brought about by these cramped quarters. Mr. Gellman spent several• thousand dollars landscaping the front of his locetion, putting a barrier, a affects two people who both urgently ask that yoivaWho havecy ibeenhat consideringonly the impact on people all day would consider the impact on the two people that are affected by this. When we leave here, and you leave here, Mr. Gellman and Mrs. Cheevers, a widow in her 701s, are the only people that are affected by this fence. It's only 2 feet. If it has to be taken down, it doesn't have to be taken down. It just has to be cut off., those two feet. If it stays there, you insure the people who you are concerned having _— impact on, a safe, private living, enviornnent. Mayor Ferre: All right, it is after 4:00 o'clock. We've been on this for a long time, and we must move along now. Father Gibson: Mr. Mayor, we spend more time on things of inconsequential that this. L_t me answer you. Mr. Burns: I'm not mad at you, I hope you're not mad at me. You look like You're mad at me. Father Gibson: No, no, no. I'm not mad...I am, I'm defending the law of I'll this City. tell you what we do. If 8 feet are not high enough to protect one from the other, then let's make the law 10 feet. What youre doing is giving preferential treatment to two people because they like'it and it's all right. What about the people who don't like it? Mr. Burns: Isn't that what a variance is for, sir? To make adjustments in the law when people are affected by it. Father Gibson: Well, that's why I'm opposed to this variance. I'm exercising the authority that the people gave me when they elected me. I want to make doggone sure that everybody understands, you know, you keep the law. Let me say this and I'm going to stop. You know, I like people, I understand people who know what the law is and violate it and then come in and say, you know, oh we're so sorry. We did not know. Ignorance to the law is no excuse. You are an attorney. You know that to be the case. Ignorance to the law is no excuse. And what they did is they got a certified contractor. He knew what the code is. Why didn't he keep it? We have to depend upon them to live within the code and help to sustain us. Now, I'm not going to say anymore. I hope I'm here when you come back so I can vote against you. Mayor Ferre: Father, this item ..I think we have now a motion on the floor for deferral until the contractor or the corporation that built this wall returns and gives proper explanation. I assume that will be at the next hearing. Father Gibson: Mr. Mayor, I will go along with the miker of the motion providing the contractor is instructed to be here. I don't like to waste wording. Because all you do is wait until Theodore Gibson is gone. Mr. Burns: Are you directing that remark to me, sir? Father Gibson: No, no, no. Mr. Gellman: Because I have no particular regard for my contractor. As a matter of F act, I sued him on some other problems with the... Father Gibson: Let me... Mr. Gellman: Let me finish what I'm saying, oka get him here �o ' y• So if You're going to u re &oing to be doing a lot better than I could in getting anything done with the house. Father Gibson: Well all right. You know what will happen, him here and he has a permit, if we order if he has a license to do business in the City, you know what position we'll be in after that, don't you? JV AT '11M 1NLA ITHE CITY COMMISSI" Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre FOLLOWING ROLL CALL: Mayor Ferre: And on the record, Father, I will be voting with you on this item. I feel the same way as you've expressed. Father Gibson: Thank you, sir. Mayor Ferre: We don't have any questions as to how I feel about it. 27. DEFERRAL OF CO�:SIDERATIOiI : BOPARD DBY A.MooilE 7IALIjRY TO PER11ITOESTABLISKIIEI?T OF LIQUOR SALES AT 5249 S.W. 3 STREET Mayor Ferre: Okay. Now we're on item number 21 which is Henry, I guess it's Amoon, and it's a denial for a variance for ar: establishment for the sale of liquor on 5249 S.W. a Street. The Planning Department recommended denial, the Zoning Board recommended denial. All right, sir. State your name for the record. Make your position clear. We must move very quickly so I'm going to hold you to a total of 5 minutes. Mr. Henry Amoon: That will be plenty, Mr. Mayor. My name is Henry Amoon of the firm of Manors-Amoon, Watley and Tucker appearing on behalf of the applicant. This particular request deals with a location where a beer and wine bar or lounge, you M have, clienthas Mrbeen Fernandezgood boughtmany thisyears. I'm told approximately 20 years. Y Mr. Plummer: Excuse me. Mr. Amoon, you're representing a client, or are you the applicant? Mr. Amoon: No, I represent the client, Mr. Plummer. I think they have it down wrong. Mr. Plummer: I think the department better take note because it's wrong. applicant. ant. I'm sorry,00n iI justattorney tofor getthe theapplicant, clear. Thank you. applic Mr. Amoon: Shall I proceed? Mr. Plummer: Sure. Mr. Amoon: The establishment of the beer and wine lounge has been there for a good many years. I took it upon myself to check with the Beverage Department to see if there'd ever been a history of problems at this particular location, and there hasn't been. When Mr. Fernandez bought this business, he saw that economically it was a disaster. And he went and purchased a liquor license and sought to have it transferred to this place that had been licensed as a beer and wine liar. Unfortunately, he did not have counsel at the time. And of course, he found out that he had to have a public hearing. When I went ... that's when I got into the picture. I went and checked with the City and saw that the zoning was correct so that there was no need to ask for a zoning change. Then the distance requirements were checked out, and he was far enough from a church or school to qualify for a liquor lounge. However, he was too close to an existing liquor license. The ordinance requires tl-lat he be 2,500 feet. He's 1,550 feet away from the other establishement, so he's short. And fcr that reason, we had to appear and argue and request that a variance be granted. I felt it was wy duty at that time to try to put myself in the minds of this Conuni.ssion to detei~mine what objection the City Father's would have to this being done. The man in his letter of intent states that he wants to put in a quiet type neighborhood lounge. Now I say to you... Mr. Carollo: Are there any left? Mr. Amoon: Pardon me?ry fir, %,UL W.Li . --- - ou` re siThere's a few around. I say to you that y Mr. Amoon: yeS+r- would be concerned about what type of an probably, and properly so, establishment ait re we asking you to allow. I know that even though a that the establishment of another girlie joint and that sort may be legal, So my client is of an operation would be most offensive to the see fit to grant him this prepared to covenant with the city that if y s he will variance, so that frankly, he can recoup his life saving , kind under no circumstances operate an establishment nakedlessthat dorastripyor of female entertainment that can`es sa bottomless, emphatically that the City can be of that sort. y that this will not anything unsolicited, rest assured since I offer this covenant, your granting this variance. be done, and that can be a prereq City that cbe concerned Then the next thing came to my mind is would the articular establishment on the neighborhoodAnd about the impact of this client n canvass the neighborhood you should be so concerned. SO htasked my because there were, I believe 6 or and see what the neighbors thoug people. I submit 8 objections filed. We have `',)��'-nesotwhatiweahave here ture of 0now is a place this fnr your perusal. gentlemen. a place which is far enough from a churchor a that is zoned properly, school, a place which is prepared o cotenant ng thehfa t°thaththe any kind of offensive entertainment, nothwithstathin Supreme Court seems to condone thi-1 sort of thing, but we're willing to around it So the next step would be are the people offer that unsolicited. people who appear to be in concerned? Well, I have submitted 90 onlysone requirement which is what we accord with this, and they are asking orderly are prepared to offer. That the establishment be run savingsclean, in this and lawful manner. Now Mr. Fernandez has hesputvthe cart before the horse, establishment, gentlemen. Unfortunately, wisdom, and in your mercy, to and that's why we're here asking you al Y we're asking. !we're too You to put it next to grant him this variance. It's one small thing close to an existing establishment. I m not asking Y I'm not asking a church, I'm not asking you to punt next to a school, and we've pro because the property itself to change the zoning beparki geihsano pll of those requirements, met each one of them. private pr parking. It is in a little, for is surrounded on three sides n y center consisting of three establishments. lack of a better word) anupholstery shop and a beauty shop. Well obviously, His little loung , shop and upholstery shop his customers would be coming in after theBeverageDepartment to are closed for the normal hours. enforce the beverage laws, we have the City of Miami laws, and I ask you to g to enforce u Want give him this with any conditions that y orderly and consistent. to put on him. So it will be one clean, Mayor Ferre: Thank you, sir. Let me understand what the problem is. The proposed lounge is within 1,550 feet from another liquor establishmen • Is that it? Mr. Perez: That is correct. Mayor Ferre: And the requirement now is what? k Mr. Perez: 2,500.E Mayor Ferre: So they miss by 1,000 feet. Mr. Amoon: 950. t me ask. How long has your client held that property? Father Gibson: Le Mr. Amoon: Approximately one year. Father Gibson: Did he have this kind of an operation there in that one year period? Mr. Amoon: He has a beer and wine operation. This is not as a result of a violation. nin SEP 2 41981 n Father Gibson: No, no, no. Has he had this kind of an operation that you are requesting, has he had that in there all this time? Mr. Amoon : He's had it but with beer and wine and he can't make it financially. Father Gibson: Again, what disturbs me is he was fully aware when he bought that property that that's all he could do.% Mr. Amoon: Make I make a statement. Unfortunately, he wasn't. But again, it was his ignorance, which I submit and abree that it 1.8 no excuse. But Father Gibson, let me say this to you, sir. Again, what we are asking is so minimum. There's 90. Father Gibson: Is it? Mr. Amoon: ...people who are in accord. That's the purpose of your asking for a variance. Otherwise, the law would say no variances. We ask you, your wisdom, your judgment is supposed to grant these things if you're otherwise satisfied. What could be the cause of your dissatisfaction? We're not going to put a girlie joint in. We're not too close to a church or school. The vast bulk of the neighbors are in accord. So why should you not, why should you deny the veri.ance. Otherwise, pass a law, no variances under any circumstances. But we ask you to exert your wisdom and your knowledge in granting a variance. That's the purpose of it, sir. Mayor Ferre: What's the will of this Commission. I think we've heard all the arguments. What does this Commission wish to do? Mr. Plummer: I've not seen it, Mr. Mayor. I ask that it be deferred and I'll go out and look at it. Mayor Ferre: A request by Commissioner Plummer that the item be deferred. Is there a second? Mr. Lacasa: Second. Mayor Ferre: Further discussion? Call the roll on the deferral. THEREUPON, the members of the City Commission on motion duly made by Commissioner Plummer and seconded by Commissioner Lacasa, DEFERRED CONSIDERATION OF THE ABOVE MATTER BY THE FOLLOWING VOTE: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner Joe Carollo ABSENT: None ON ROLL CALL: Mayor Ferre: I think that in the past, I cannot recall one time when we have not, at the request of a member of this Commission granted a deferral for the purposes of that individual going to the site and looking at it. This matter, in the normal course will come up on the 22nd of October it it's deferred. Is that correct? Mr. Perez: Yes, sir. Mayor Ferre: So I will vote with the request. Father Gibson: Mr. Mayor, I will change my vote to go for the 22nd if I'm certain that when you're going to be back here. If you aren't here, I'm going to call it for the issue anyway, and vote against it. .139 let me say that my vote of defetral'i't Mgyor Ferre: And for the record, intention to vote against this, no way implies my position. It is my Mr. Amoon: 'then you're deferring it to the 22nd, is that... Father Gibson: Yes, Sir - Mr. Amoon: I'll be here, sir, the good Lord willing. 20U, GRANT EXTE14SI011 OF VIA10E FOR F.A.P.. kjD pAAKLaG LOT AT 1005 S.G. BAYSNORE DRIVE _ item number 22. An application by Mayor Ferre: We will now take up ear extension of variance South Bayshore Development Corpo05 ration fohore Drive. The department for the FAR and parking of ys recommends approval Mr. Plummer: Who is the applicant? attorney Ms. Florence Robbins: South Bayshore Development, Florence Robbins, for the Applicant. 1401 Brickell Avenue. Mr. Plummer: Why haven't they built it? � forward. They'Ve gotten a plat, Ms. Robbins: Oh, well they're moving DER approval for they've gotten a class I costal permit from the County, into the their sewall. They haven't actually, ,hey re tigt�tdy to gWe need a little ground because of market constraints. Money i time. A little more time. Mr. Plummer: How about 6 months? Ms. Robbins: How about a year? Mr. Plummer: How about 9? Ms. Robbins: Okay. r. Plummer: I move for 9 months. You give birth to a baby and a building. M Move 1t for 9 months. Mayor Ferre: A motion that this item be extended for 9 months. Is there a second? Fa.-r►er Gibson: Second. but I'll Mayor Ferre: 1 don't know what you have in your mind, Plummer, go along with it for a while. 5 children you should know better than Mr. Plumaner: As the father of I. Mayor Ferre: 6, please. Call the roll, please. ("ONTINUED ON NEXT PAGE) The following resolution was introduced by Commissioner Plummer, who Loved its adoption: RESOLUTION NO. 81-793 A RESOLUTION GRANTING A NINE MONTH EXTENSION OF A VARIANCE GRANTED FROM ORDINANCE NO, 6871, ARTICLE XI-2, SECTION 5 AND ARTICLE. XXIII, SECTION 4(2) (a), TO PERMIT A 129-UNIT APARTMENT STRUCTURE ON THAT PORTION OF LOTS 14 AND 15; BLOCK 104S; BRICKELL'S ADDITION AMENDED (B-113) LYING SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF S.E. BAYSHORE DRIVE AIvD THAT PORTION OF UNPLATTED LAND LYING SOUTHEASTERLY OF SAID LOTS TO THE SHORELINE BEING APPROXIMATELY 100.5 S.E. BAYSHORE DRIVE AS PER PLANS ON FILE WITH A 3.52 PROPOSED FLOOR AREA RAT10 (F.A.R.) (2.52 F.A.R. WITH BONUSES RECOr1,1ENDED BY THE URBAN DEVELOPMENT REVIEW BOARD (UDRB); ALSO, PROVIDING 221 OF 227 REQUIRED OFF-STREET PARKING SPACES AND SUBJECT TO PLATTING; ZONED R-CB (RES?nT'NT1i.1 OFFICE); THIS PETITION IN CONJUNCTION WITH AN APPLICATION FOR SITTING ADJUSTMENT AS RECOMMENDED BY THE URBAN DEVELOPMENT REVIEW BOARD 29. GRANT EXTENSION FOR CCiMITIONAL USE FOR OPEN PARKING LOT AT 3024 14, W YORK STREET (SIERRA NAUTICO) S Mayor Ferre: We are now on item 23. This is a lot at 3024 New York Street. Mr. Plummer: How come you haven't built, sir? UNIDENTIFIED SPEAKER: Sir, the contractor requested an extension of bid due dates. This was granted and the bids came in over the budget, and we had to eliminate part of the additional... Mr. Plummer: When are your new bids coming in? UNIDENTIFIED SPEAKER: New bids are coming in on October the 5th. x. Mr. Plummer: Move for a 6 month extension. UNIDENTIFIED SPEP.KER: We would like Mayor Ferre: There's a motion... Father Gibson: Second. 91 0 C ,m Mayor Ferre: ....for a 6-month extesion. Seconded by Gibson, furthet discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-794 A RESOLUTION GRANTING A SIX MONTH EXTENSION OF A CONDITIONAL USE AS LISTED IN ORDINANCE NO. 6871, ARTICLE V, SECTION 1(6) (b) TO PERMIT AN OPEN PARKING LOT FOR T}lE PARKING OF PRIVATE PASSENGER VEHICLES ON LOT 23; PALMHURST SUB (7-22), BEING 3024 NEW YORK STREET, AS PER SITE PLAN ON FILE, AS AN ACCESSORY USE TO T}IE CAR DEALERSHIP AT 3500 SOUTH DIXIE HIGHWAY AND SUBJECT TO: a. LM h. i. =r (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre THAT THE WALL CONSTRUCTED ALONG NEW YORK STREET WILL NOT EXCEED 6' IN HEIGHT: THAT NEW YORK STREET WILL NOT SERVE AS AN ENTRY OR EXIT FOR TRAFFIC USING THE PARKING LOT; THAT CONSTRUCTION A'.ONG NEW YORK STREET WILL CONSIST OF A MINIMUM OFF -SET OF 20' FROM THE WEST LIMIT OR SIDE OF THE EXISTING SIDEWALK; THAT THE 20' OFF -SET ALONG NEW YORK STREET BE MAINTAINED ON A REGULAR BASIS AT OWNERS EXPENSE; THAT THE NOISE LEVEL IN THE PARKING LOT BE KEPT TO A MINIMUM AND NOT DISRUPTIVE TO RESIDENTS; FURTHER, MR. GENE BARRY AGREES TO CONSULT WITH NEW YORK STREET RESIDENTS AND ALLOW INPUT INTO THE TYPE OF LANDSCAPING PLANNED FOR THE 20' OFF -SET; THIS AGREEMENT CONSTITUES COMPLETE UNDERSTANDING BETWEEN GENE BARRY VOLKSWAGEN, INC., AND THE RESIDENTS OF NEW YORK STREET (THE PRIMARY RESIDENTS CONCERNED); IN THE EVENT GENE BARRY VOLKSWAGEN, INC., WOULD BE SOLD TO ANOTHER PARTY IN THE FUTURE, THE ABOVE CONDITIONS WOULD BE A CONDITION OF THAT SALE; LANDSCAPING MATERIAL AND PLAN TO BE APPROVED BY THE PLANNING DEPARTMENT. ZONED R-3 (TWO FAMILY DWELLING) NOES: None ABSENT: None E T, ;s n -. � SEP 2 011981 ON 30. DISCUSSION Ai7D DEFERRAL: VARTA14CEFOFORIF..A.R.EAIM PIARKI7GR 3030 li. E. 4T11 AVENUE Mayor Ferre: Take up item 24. This is Emelio Molina s30 kingEfor a 1-year extension of a variance for F.A.R. in parking at Avenue. The department recommends approval, the Zoning Board granted it 6-1. Mr. Plummer: The applicant advised to be here today? Mr. Perez: Yes, Commissioner. Mr. Plummer: Any reason why he's not here? Mr. Perez: I don't know the reason. Mr. Plummer: Tells me lack of interest. Mayor Ferre: Well, could be sick, could have had an accident. You know Mr. Plummer: we'll deny. Move to defer to the next meeting. If he's not present, Mayor Ferre: All right, there's... Father Gibson: Second. Mayor Ferre: ....a motion for deferral until the 22nd. Further discussion? Call the roll. THEREUPON, the members of the City Commission on motion duly made by Commissioner Plummer and seconded by Commissioner Gibson, UNANIMOUSLY AGREED TO DEFER THE ABOVE MATTER TO the October 22, 1981 City Commission Meeting. 31. DISCUSSI011 ADD DEFERRAL: APPLICATI011 FOR 1-YEAR LXTEi1SION COVDITI0hAL USE (PU1) AT 3046 1-01AI1A STREET Mayor Ferre: We're on 25, which is Louis Santeiro, conditional usefor PUN at 3046$�ardat'rantedeit 5� le Plsnthere applicant hereent ?rnends app the Zoning g Mr. Perez: Yes, sir. Mr. Plummer: Why haven't you built? ever Mr. Santeiro: yoell I u know, theemy plansfinancing�isn'tywhatgready. I'mnot able time isn't, to get right now. Mr. Plummer: Have you submitted the plans for review? Mr. Santeiro: Yes, I have. Mr. Plummer: Mr. Whipple, have you seen the plan? 93 Mr. Whipple: I'm not sure,`sir. I did not check to see whether we had reviewed them or not. They may be under the Building Department. Father Gibson: Let me ask a question. J. L., have you seen that land? Mr. Plummer: Father, I don't recall. Obviously, it was 6 months _ ago. Father Gibson: Let me tell you something. I ask you to respond to this. For all intent and purposes, you have about one doggone good vacant lot there. Isn't that right? Mr. Santeiro: It's 75 feet by 100. Father Gibson: Just about one good lot. Mr. Santeiro: It's approved for a PUN. Mr. Plummer: That isn't what he's telling you. that the Commission understands Father Gibson: I just want to make sure lot. The house is on it, isn't what I'm saying. All these years, one = it? Mr. Santeiro: Right now it has an old house, a wooden house on it. Father Gibson: I just hope the Commission understands what I'm saying. Mr. Plummer: Father, then you make the motion and I'll listen. Father Gibson: Well, I don't want anybody to think that I have any ought to disagreement on other folk, but you know, I just feel that we exercise...here is a lot 75 by what? Mr. Santeiro: By 100 feet deep. Father Gibson: 75 by 100. Even our department going along with lots questions. a in that area 75 by 100. Hey man, we need to ask you all some That's right. 41 That is a sure way to help to ghettorize that area. -� Mr. Whipple: Mr. Mayor, if I may comment. Two things before I comment in the on Father Gibson's. This is a conditional use, PUN, allowable Board. Now, the legislation that ordinance if approved by the Zoning says that if the Zoning Board approves it, the gentleman we're working under his plans and go get his permit, and it has been approved by _ can refine authority vested in the Zoning Board by the City Commission. That's point one. 1 Father Gibson: Why did you come here? Mr. Whipple: Pardon? Father Gibson: Why did you come here then? Mr. Whipple: Father Gibson, if you may remember, historically, we've have - suggested to this Commission that extensions that not previously been approved by the Commission need not be the subject matter of Commission reviews, extensions. Mr. Plummer: Well Father, this is an easy thing. The motion in order at this time was that this man make a presentation at the next City Commission meeting. We've not heard it, that's why I didn't remember ' it. Mr. Whipple: Well, you don't hear any of... Mr. Plummer: We are going to hear this one, Mr. Whipple. f Mr. Whipple: Yas, sir. 94 SEP 2 41981 0 it Mr. Plummer: The motion is that this man make a presentation At the text Commission meeting. That's the motion. Father Gibson: I'll secone that. Mr. Santeiro: You mean a motion for extenstion next... Mr. Plummer: No, no, no. We're not even speaking to the extension right now, sir. You're going to make a presentation before this Commission and show us fully what you're going to do, and then we'll talk about the extension. Mr. Santeiro: The plans are approved by the City. Mr. Plummer: That's fine, sir. But if we don't grant you the extension today, you can throw the plans in the garbage can. Mr. Santeiro: 1 understand that, that's why... Mr. Plummer: So we're trying to keep you from throwing the plans in the garbage can by telling you to come here at the next meeting in October, and make a presentation before this Commission so we can have a look at all of those plans. Mr. Santeiro: Well, I was...my license is for October 20th. Mr. Plummer: Sir, the alternate is to deny. Mr. Santeiro: No. October 22nd will be after my extension, that's why I was coming in today. Mr. Plummer: It's in a deferred status, sir. Mr. Whipple: The extension will be held in abeyance until this Commission handles the item. Mr. Plummer: I don't think you want the alternative. Mr. Santeiro: No, that's all right. Mr. Plummer: Motion is made and seconded, Mr. Mayor. Mayor Ferre: All right, is there further discussion on this item? If not, call the roll., please. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-795 A MOTION DEFERRING CONSIDERATION OF APPLICATION MADE BY LUIS SANTEIRO FOR A ONE-YEAR EXTENSION OF A CONDITIONAL USE FOR A P.U.N. AT APPROXIMATELY 3046 INDIANA STREET, STIPULATING THAT AT SUCH TIME, THERE SHALL BE MADE A FULL PRESENTATION BEFORE THE CITY COMMISSION IN CONNECTLON WITH SUCH REQUEST Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre ,r NOES: None ABSENT: None,` " 9 -95 SEP �a 1 32. ACCEPT PLAT: TOWN PARK SUBDIVISION 14O. 7 of Town Park Mayor Ferre: We're now on item 26 which accepts the plat Subdivision No. 7. The Plat Committee recommends. Is there a motion? Mr. Lacasa : Move. ell you what a citizen said to me, and Father Gibson: Mr. Mayor, let me t I want you to tell me how I could answer. A citizen said to me that the Plat Committee meets and that the citizen as a whole, the e dealing input. Now, that to me is a very serious matter becauseast ou'rif a Plat the p okay, with City business. And what avedoing thatneverybody had a chance is Committee recommends, I said, y, assuming I think itunfair to be voting nthese matters with is or her input. laintomewhyand how come. and the public didn't have an opportunity. P Mr. Perez: When a person presents a plat, Commissioner, that person is meeting a requirement of the law. The min imsuna 60r a subdivision average idth he City of Miami with the exception of R' arson has a parcel of land that and 6,000 square feet in area. If a P and basically, nobody can meets that criteria, he has a right to plat, stop him. So the technical review of the Plat Committee isifthat if isthe City or any of the utility companies utilityeeds neasement, or improvements, like sidewalks, a matter of sewers in the area, some reviewing. We are not reviewing a basic right etc., that is what we are has a right to the plat. because the man Well, the public needs, that needs to be made known to Father Gibson: the public. public very often because when we get Mr. Perez: We the public. the question, y ouplained know, t istisotheeanswer that we give Father Gibson: Let me say to the Commission, there are members oro ass and P ublic who feel that the public ought to iiaveosimoewotkuandndohwhat it's g that the Plat Committee doesn't arbitrarily doing. -� Mayor Ferre: Well what do you want to do on this? Father Gibson: How do we give the public some remedy? of is Mr. Perez: I think we have a legspeciofar as fically - the person to plat or replatt what in the light of maybe of a type of input zoning ordinance, and put that I have replatting when he has a right to do so. I guess that may prevent defer that to the Legal Department for comment. to Commissioner, there is no requirement for a public Mr. Percy: Presently qualifies for a plat, c if the property hearing on a plat. As tie sugges t;ed ,the lic oasta� iof technical requirements are metandthe tbrecorded matter courses at pla instance, would accept and hay e There is no public hearings necessary. Mr. Plummer: Well why is it before us? Mr. Percy: Because this is the body that would accept and pass it on. tthi is hearing in the sense thatthis It's a ministerial act. It's a public But the public isn't noticed p er e, for a public gathering here today. input, objections, etc. 96 -� SEP 2 41981 r �J Pather Gibson: Man... • Mr. Whipple: Just perhaps in a little simpler form, we're talking about meeting requirements and it is in essence a technical review. It is not a review debating whether it should be platted or not. The laws state that a person ha-s a right, the flat Strut Committee, through the tentative plat process, or you know, beginning, just reviews it for meeting., the technicalities. The curves on the corners, the widths of the streets, the dedications required, the improvements, and to see that it does meet the minimum standards of zoning suLdivision control set out in the code. And this is the way it processes along because there's no debate as to the right of platting. They have a right, and the reviews are to see that they meet the technicalities., Father Gibson: I understand. I have no desire to intertere with thi.. somebody. I just want to register to the City Commission what the public is saying. Now, it seems to me if the public is saying that, if we intend to give the public some relief or rememdy, then we ought to direct the Legal Department to proceed with the necessary measure so that the public may have some input, if that is the legal thing to do. And then when we could settle that, I want to make a further observation on this piece of land. Mayor Ferre: Do you want to make the observation now? Father Gibson: No, I want to make it after you come up with a solution so the public will not criticize, you know, us as they did. I told you what was. If you don't want to do anything so they could get, be heard or get relief, then you know, that's all right. Mr. Plummer: Well, I think the obvious question, Father, has to be does the public have the right at the meeting of the Street and Plat Committee, is -it public noticed? Mr. Whipple: No, sir. Mr. Plummer: Well maybe then that's the answer. Father Gibson: No. Right. Mr. Plummer: That you public notice the Street and Plat Committee in which the people have, the public have the right to attend, and have the right to voice their input. Mr. Whipple: May I suggest... f —� Mr. Plummer: I sat on that committee for so many years. Mr. Whipple: ...if it's the Commissions desire to subject the plats to a public view, I suggest then it ought to be at a public hearing as opposed to a technical commitee which could be the Zoning Board when the Zoning Board accepts the tentative plat, or it could be the City Commission if the Law Department feels that proper, when the City Commission approves the final, such as which you have before you today. Mr. Plummer: All right. Well, but Mr. Whipple, look, 1 don't think Father's intent is this particular parcel. But his intent is well meaning. Now Mr. Whipple, I think it behooves your department to prepare whatever is necessary to reach the final bottom line of what Father is trying to accomplish. There's nothing wrong with the public having, the right to know and give input. And I think we can go ahead and proceed with todays situation because as of today, it is a matter of right and record, and then you come back at the neat Commission meeting with whatever is necessary to try to accomplish that. Father Gibson: That's what I'm saying. Mr. Plummer: All right. So what you're saying is 26, 27, 28 and 29 we just ... no, not 29. 97 3 Mr. Plummer: Veil father, I don't think it's9�structn. It's just... ust ...rtmentto it would bc- I motion of intent, Mr. Gary, to mission meeting o that the come 1^aek at. the next Comreferencetoste streets and plats. ifs that's... do public can have input in you want a motion or is it... Mr. Gary: 'That's sufficient. Father Gibson: Let me point out something to the Commission. This very same piece of land that is under discussion... Mayor Ferre: Towne Park... Father Gibson: Yes. Isn't it e verCity strane nv thereq the County is involvq or is olvedt orlHUD isdinvolved. don't know how many either ofYou realize that. Mayor Ferre: Yep, Father Gibson: Either the County with a park, and do you remember that park? Or either the HUD with all that housing right ar untht ere, isn f that true? And I'm just wondering, what happened taking all that property, why was that left out to be treated tme way is its' being treated? You see, if the public were aware, tl' Now that could have never happened. That could have never happened. Mr. Mayor, let me point out to the mees lace on thatfthe same pie�cesofolandhwhich an awful danger of what may takep backs up to the Housing Authority property. Mayor Ferre: Father Gibson: What do you want to do on this? I'm not trying to impede. I'm just raising the question. Mayor Ferre: See, you might recall, we've been through this whole thing before. We did it when Rose Gordon brought up ... she brought up the same rbjection. Do you remember? We went through this sholething and we ended up in the same place. And where we ended up trots is the law. You know? As you say, the same law that hurts you also p you. And here we are. s if I find out that the law was wrong, Father Gibson: Well, my point iI don't have to forever do it. Mayor Ferre: No. Father Gibson: All I have to do, note, I want to obey the law but I want to change it so that I could always be abiding by the law. And say to you, the Commission, if you were to go there and see that property, and see that over here you're boxed in by the County by the park, n the City, and all around this way is the Housing Authority property, and to the back of that Housing Authority property which jams you in the middle, you have a situation there that I hope that you dont', I'm not talking about the Commission. I hope that we, the people in the City, won't live to regret. Mr. Whipple: Well, you do understand this plat is being processed by Metropolitan Dade County. Mayor Ferre: Yes. Father Gibson: All right. Mayor Ferre: the roll. Further discussion? Plummer moves, Lacasa seconds. Call 7' ti• SEP 2 41981 --R The following resolution was introduced by ConnnissioneY Loved its adoption: r* RESOLUTION NO. 81-796 A RESOLUTION ACCEPTING THE PLAT ENTITLED TOWNPARK SUBDIVISION NO. 7, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID rS t PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE 'PLAT AND PROVIDING FOR THE RECORDATION OF SAID FLAT 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 Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson ; Mayor Maurice A. Ferre uA NOES: None ABSENT: None 1733.ACCEPT PLAT: MIAtII CONVENTION CEI•]TER A14EIMED Mayor Ferre: Is there a motion on 27? The Plat Committee recommends. This is the Miami Convention Center as amended. Do you want to move that;, Plummer? Mr. Plummer: Just to save Vince Grimm a heart attack, I'll move it. Mayor Ferre: Mr. Plummer moves. Gibson, do you second? Father Gibson: I second, yes. Mayor Ferre: Gibson seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer , who moved its adoption: t_ RESOLUTION NO. 81-797 ,r A RESOLUTION ACCEPTING THE PLAT ENTITLED MIAMI CONVENTION CENTER AMENDED, A SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF SAME (Here follows body,of resolution, omitted here and on file in the Office of the City Clerk). We (CONTINUED ON NEXT PAGE) by Commissioner Gibson,Aq the resolution Vagrs�ffi seconded Upon being vote : and adopted by the following k passed y Commissioner J. L. Plummer, Jr. AYES: Commissioner Joe Carollo, —_ Commissioner Armando Lacasa ViceMayor (Rev.) Th^odore Gibson '* J Ma Maurice A. Ferre , — yor NOES: None ABSENT: None 34. ACCEPT PLAT: DAGHER VILLAGE Mayor Ferre: 28. Plat and Street Ca: aittee recommend. Is there a motion? Move. Father Gibson: Move, Mayor Ferre: Lacasa moves, Gibson seconds. Further discussion. Call .the roll. following resolution was introduced by Commissioner The Lacasa, who moved its adoption: RESOLUTION NO. 81-798 A RESOLUTION ACCEPTING THE PLAT ENTITLED „DAGHER AGE", ACCEPTING A SUBDIVISION IN THE CITY OF MIAMID AU DTHORIZING AND DEDICATIONS SHOWN ON SAID PLAT; DIRECTING THE CITY MANAGERTHE CITY CLERY, TO G FOR THE RECORDATION EXECUTE THE PLAT AND PROVID IN OF SAID PLAT IN THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA omitted here and on file (Here follows body of reso lut in the Office of the City Clerk). Commissioner Giu,.:-', the resolution was Upon being seconded by passed and adopted by the following vote: Mr. Lacasa: Jr. Commissioner J. L. Plummer, AYES: CarollCommissionera. ; Commissioner Joe Armando Lacasa k Commissioner (Rev.) Theodore Gibson ViceMayor Maurice A. Ferre , Mayor T None NOES: ABSENT: None a x A SEP 2 41981 35. PROPOSED NEW COMPREHEIISIVE ZONING ORDINANCE: PUBLIC HEARINGS: DECE14BER 1st A1,D 15th, 1901 Mayor Ferre: All right. Mr. Manager, what day do you recommend that we start, that we adopt the new comprehensive zoning ordinance, which has now gone through a long procedure? Sir? Mr. Plummer: Let me ask a question on that. Are we looking at really a single item meeting? I mean, let's be realistic. Mr. McManus: A reading of the State legislation, on advice of the Law Department, indicateF we have to have two public hearings. Mr. Plummer: Well, the point I'm trying to make is this. I can imagine cast of thousands coming out for this thing, okay? And you know, the Mayor is going to give them all an hour and a half to talk, that's going to be at least two or ti,ree hours. Wouldn't it be smart if we try ytandhis set this up as a special issue? I'm just thinking, if you try to p ut in with some other items...yeah, I think we're just really kidding ourselves. Mr. McManus: We;re suggesting to the Commission is that there by... if we an evening go the stuand Decembere of two b3rd downiagtsBayfront, that ePark have Auditorium. meeting De December 1 Mr. Plummer: You're not doing it on my birthday, buddy. Now, I've got a lot of things I don't want to do, but one of them isn't sitting through a zoning it's fine for lwithurs me.ofYourwoa tgon hurtmmybfeelings. You Joinatheo without me,e, recall petition. Mr. McManus: What date is your birthday, Commissioner? Mr. Plummer: tThe forrtheffirst ofDecember. Decehmber�nandyou thenoletesdseeand fromschedule that the first meeting point where we are. Mr. McManus: We have to advertise both of these so far ahead of time, that we've got to get a fix on these. Mr. Perez: Commissioner, the letters to property owners, all property owners in the City of Miami will be reaching them by November 4th, I would say. So ... no, we will be sending them by November. They have not gone out. We needanoveaheadOtherwise, 'mue printer, everybody weare notgoingtobeableto oitsdthe dates so we mail the around 80,000 notices. Mr. Plummer: Hey you know, I can talk honestly, I'm not running. But for a letter to go out on the day of election... idayor Ferre: Some people say you are. Mr. Plummer: Mr. Mayor, I never stop running. You know, somebody really just isn't putting two and two together. Mr. Perez: :t will reach them several days after the elections. Mr. Plummer: 1.ell, 1 think that would be most advisable, regardless of how the people feel, you know, but... Mr. Perez: You can be assured of that. Mr. Plummer: Well, what about December the 1st, and then another meeting two weeks after that? a M. Perez: Fine. Two weeks after that? Let's see. Mayor Ferre: Mr. Plummer: Well fine, Whatever those days are. then go November the 15th and December the 18t• Mr. McManus: December the 1st is a ruesday. Mr. Plummer A Tuesday- BACKGROUND COMMENTS PLACED OUTSIDE OF THE PUBLIC RECORD) (INAUDIBLEhaven't got any problem with that, but I think Mr. Plummer: •,ah, okay. I you'd better have it in Bayfront Park Auditorium. I have the one...reserved now. I'll have to call down there Mr. McManus: we're also suggesting in order to bring the and make sure. Commissioner, that there be a workshop scheduled. We've Commission up to date on this, November 18th. And what we'd like to bring to you The reason I say suggested an afternoon of Wednesday, volume. that, this is a pretty hefty and try and summarize it. Commissioner, are just the high points of it, quarter of perhaps an hour to an hour and a what we're suggesting is, P our questions. and then be open for your or not. Mr. Plummer: You guys just don't care whether I oabeforeiwen leave here o ahead, and we can come back to y we're Why don't We g or three or four. You know, at midnight, or two in the morning, going to be here that long. Mayor Ferre: What day do you want to make it? Mr. gs Plummer: He's talking about a workshop on November fo8tthe 25thnof I mean, don't you have anyth g on December 1 and 15. house. November you'd like to do? Meet at my ,,,,�„«�� fine. Mayor Ferre: All right, December 1st is acceptable to me. Mr. Plummer: What about the 15th? Mayor Ferre: The 15th is less acceptable. Mr. Plummer: Mayor Ferre: Mr. Plummer: How about the 8th. What's wrong with the lst. That was a good day. We have to have two public hearings. or Ferre: One on the first and the second one on the 15th. mayor ? Can't do that. What about Mr. Plummer: Can we have bothyouknow the Sathedway you guys operatL:, if you if we run after1midnight. night, it's going to be 2 in the morning. start .at 7:00 o clock at . The 1st Oka and the 15th are Joe? 9 Does Mayor Ferre: Okayto that? Do you, YOe�Ptable. • anybody have any objections Mr. Carollo: I- guess not. ou have any problem with that? Mayor Ferre: Armando, do y Okay? And December 15th.All right, December 1st and 15th. 've indicated perhaps a workshop on November Mr. McManus: Mr. Mayor, we the 18th, Wednesday afternoon, November the 18th. 102 Tape 13 Mayor Ferre: Well, you can have a workshop, I'm not going to be here. I'll be here for December 1st: and December 15th, but I'm not going to be here November 18th. Mr. Gary: We can make arrangements to meet with each Commissioner individually. Mr. Plummer: That's a good deal. Mayer Ferre: That's a good idea. Plummer moves and Carollo seconds December 1st and 15th. Okay? Call the roll. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION NO. 81-799 A MOTION OF THE CITY COMMISSION SETTING THE DATES OF DECEMBER 1ST AND DECEMBER 15TH FOR THE REQUIRED — - :FIRST AND SECOND PUBLIC HEARINGS WHICH ARE TO BE CONDUCTED PRIOR TO FINAL APPROVAL OF THE NEW ZONING ORDINANCE Upon being seconded by Commissioner Carollo, the motion was passed and adopted by the following vote: N AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None Y 7 tk i ABSENT: None` x 1 1=.4 ADJOURNMENT There being no further business to come before the City Commission, i on the Planning and Zoning portion of the agenda, on motion duly made —[ and seconded, the meeting was adjourned at 4:46 P.M. MAURICE A. FERRE Mayor ATTEST: � u rr 103 } A r 36. DISCUSSION OF EDWARD FRIENDS ACTUARIAL REPORT FOR CITY CONTRIBUTION TO PENSIOcl FUNDS FOR FY 81-82 Mayor Ferre: I'm going to try to skip over things where people are not here, and then we'll come back and do these things later on tonight. Is there anybody here on "A"? We're going to have to come back to you, because I think what you're going to do is give us a report. Unless there's an emergency, or you have to take an airplane or something like that. Mr. Gary: Mr. Friend, actuary. Mayor Ferre: I know Mr. Edward Friend is waiting. That's not my point. Does he have to catch a plane or... Mr. Gary: Yes, sir. Mayor Ferre: He does. How long is Mr. Friend's report going to take? We're not going to act on this today, I don't think. Mr. Gary: No, sir. Mayor Ferre: Then we'll take up Mr. Edward Friend, and then we'll take up the Cuban Museum and then we"tL1 take up Park West and then the other 3 items where people are here on. All right, let's move quickly. Go ahead. Mr. Carlos Garcia: We have today Mr. Ed Friend. We had planned today co have Mr. Ed Friend make a presentation to you of the fiscal year 81-82 actuarial requirements for funding the City pension Plan and System. Because we were not able to send you the report to you on a timely basis, we can either do two things. Either we could still let Mr. Friend make a few comments on the report, or number two, we could let { p r �£ i' L a➢ � i � r k 4 kG 104 8EP 2 41981 t t , Garcia (continued): Mr. Friend explain to you the funding approach that tte City has followed during the last two years for the Pension Plan acid Syetem, and how that ties in with the State requirements. So we're open to tither take the full discussion, or just...what's your option? Would you like Tir. Friend to report on the 81-82 report, or do you just want some comments on what the City has done to fund the Pension Plan and System during the last two years. Mayor Ferre: I thi.nk we need to accept the report without ... I mean, we need to receive it without accepting until. we read it, and I think he should make any statements that he wants to maek into the record. We're going to have time to study it and, does that become part of the budgetary process tonight? Mr. Garcia: Yes, it is part of it. Mayor Ferre: It's part of it. Mr. Garcia: Well, it's funded in next years budget. And it's a fact. Mayor Ferre: Well, I think that the people, the union and the employees have a right to react to it, and I think it's very unfair to receive it at 5:00 o'clock, and then vote on a budget at 7:00 o'clock tonight. Mr. Garcia: Well, the funding is already included in the budget. We don't have to go through the report today, what we can do is just have Mr. Friend explain to you... Mayor Ferre: That's what I want. Now, if anybody has any objections. Mr. CArollo: Mr. Mayor, what I would like to see is for the Pension Boards to get a chance to go over that information. I think it's only fair. Mr. Garcia: Sure. You're right on that. But still, we can explain to the City Commission. I think it is to the advantage of all of us if Mr. Friend explains to us what the City has been doing. Mr. Carollo: I don't mind that, but I don't want to take any action until the Pension Boards have had their opportunity to go over that report. Mr. Garcia: There is no action needed today. That's right. There is no action needed today. Mayor Ferre: All right, proceed. Mr. Edward Friend: My name is Edward Friend, consulting actuary from Washington, D. C. My observations today will be limited to funding methodology, and I've got some overheads, two of them to be precise, which should be helpful in explaining this material and I at the same time, have the hard copy which will enable you to follow both at your desks and from the graphs. I'm going to talk loudly because I'm leaving the microphone. There has been quite a bit of discussion about funding the City plans. There has been quite a bit of discussion about the methodology followed in funding the City retirement programs. As you all know, there is a plan covering the general employees, and a system covering the uniformed employees. And in the past, the approach had been used to fund past service liabilities or a level dollar basis. And if you will. look at the dotted line on the chart, you will see what level dollar amortization means in terms of plying roughly the same amount each year from the beginning of an amortization until the end of the amoritization of this past service liability obligation. Now in order to make the program of payments more palatable and consistent with the budtetary process, we have recommended to the City, and it I been adopted that the amortization schedule would rise in proportion to anticipated tax revenue. In other words, rather than making a level annual payment throughout the amortization period, the approach which has been recommended and adopted is an increasing payment schedule which remains roughly parallel to the increase in anticipated 105 SEP 2 41981 Mr. ue. We've assumed, conservatively, Friend (continued): tax reven te. And that is the beginning and the end of the modifications a 5% growth rach as respects the actuarial evaluation ri appl°assumptio se andethe eactuarial ery other respect, we have used the actuaria P plan. methodology utilized by the actuaries of the retirement system and the Now you'll notice on that chart. that that rising line which starts low and crosses over the level. line has a thin component then itand thickened up component. T_he line is thin from here to here, _ top, Now that: differentiation between thiness and thickness reflects - that portion of tic ].i-ne during which less than interest is paid on the debt. In other words, duti.ng this period, less1ehay°-1t1reachtis thisbeing paid on the debt and Therefore it is ri-sinp,,, aid, point in the amortization schedule, more than intelartebegins chnkstb of payment heavier and heavier payments, until up here, very g are made toward the amortization of the unfunded past service liabilrotTiately I'd like to take you at this u°1eietO Chartthe onthext rscreent1atOthisre pmoment illustrates what I've told y we has three diagrams. Only the first two of which show at this point, get to the third in a moment. The first diagram rartis reciselyt shows tth theedollar diagram which you just saw on the p g with tax revenue, contributions start lower if they are to be moving up as opposed to being level. This second diagram shows you the difference of fixed dollar payments in contrast to the approach we're using as a percentage of payroll, or of revenue. In other wordsfixed dollar , in proportion to your revenues. The approach we're payments will decrease The final diagram which has that big proposing to use remains level. s the point 'I was making earlier, namely that that hump on it illustrateof we are not paying interest, when we are still in the B trasparwe begin to ® line, the size of the unfunded liability is rising. interest is fully paid, and as a matter of approach the cross -over point, plummeting down, fact, interest is more than covered, and the debt comes p and is eventually amortized at the bottom of that curve. Gentlemen, I wanted to limit my remarks tot beenhosereceivchartstwo light of edin time n todistt distribute them, fact that the reports had no and I welcome any questions you might have. Mr. Plummer: Well, your chart three, chart three speaks to the past unfunded. What about the future? Mr. Friend:* As you hire each new employee, of course, the employees an unfunded past service liabilities because they are do not bring y supplemental unfunded starting from scratch. Now there will be s. That liabilities, however, arising from what we call actuarial losseconservative, r°r is when the aseginsitosmade demonstratethe liabilitiesare unanticipated.insufficiently When those _1 and the Plan begin are introduced, we would amortize them in the same fashion as I've just described to you, only over shorter periods• We earwould period withzthehose losses over 15 years rather than over the 35 y initial unfunded. Mr. Plummer: Well but if the 35 year, we're down now to about 31? Mr. Friend: Approximately 31, yes, sir. Mr. Plummer: All right. NOW, that's all well and good, more so in the Plan... in the System than the Plan because of the amount ofsiraryou°speak vested interest. But now the real question I havyouosyeak to that line would you put chart three back ip on the board. a 57 a year. that is rising of the adopted schedule as basically Mr. Friend:That's correct. Mr. Pluuuner: flow I don't know where we're going to come out, and how ' a 6y, °r ?% in thick that line is going to be based upon almost resent in salary, which is going to increase the unfunded liability, p and future, not past. Where is the off -setting factor7 and if we were on a level tt�e existing Mr. Friend: All right, this particular line, unfunded e schedule, this line, both address themselves to past service liability, to the extent that there are deficiencies created 106 5EP 2 41981 _z Mr, Friend (continued): by payroll increases in excess of what is Anticipated. We're going to create little mini -schedules like this, tiny new schedules starting where we would have a level line if we were to amortize it individually, or an increasing_, line. A little schedule, a little diagram just like this. Now you would ask where is this money coming from is there are new liabilities created because of the fact that we are anti%i.pating a 5% increase in tax revenues, and this would add additional increases. Well. the answer to that would be the same as if we were to have level dollar amortization. We would have a level dollar amortization of a certain amount, and then we'd have a supplemental level dollar amortization of a new amount. All we're doing is proposing that whatever we do in the way of dealing with additional liabilities, we allow the costing, or the budgeting, or the financing of that increase to be increasing at 5 a year. Mr. Plummer: What is the amount in dollars of the past unfunded? Mr. Friend: As of October 1 of 1981, pardon me, October 1 of 1980, the unfunded actuarial accrued liability has been computed for the plan to be 88,095,000 for the system, 84,044,000. Mr. Plummer: So you're talking 170,000. Now that's not just past ... I'm getting confused on your terminology. That figure is what is on the 31 year. Mr. Friend: That is the combination of what's on the 31 years, and what's on the 15 years. There were slight changes in that unfunded liability this past year reflective of these so called gains and losses. And we' combined, and the 88.95 and the 84.44 combined the two pieces, the very large piece we started the year with, and the impact of the new piece. Mr. Plummer: I wish you well. On paper it sounds good, but it doesn't work out that way. Mr. Friend: We feel it works out in accordance with the mathematical approach which has been set down, and which has been submitted to the Department of Retirement Administration in Tallahassee, and has been accepted by that department as an appropriate funding methodology. Mr. Plummer: It's an educated guestimate. Mr. Friend: I'd be pleased to answer any other questions.... Mayor Ferre: Mr. Friend, will you be available to this Commission in the future, after we've had the opportunity to read this study and discuss it? Mr. Friend: I should be pleased to be here. Mayor Ferre: Where is your office? Mr. Friend: The office is in Washington, D. C. Mayor Ferre I assume you'll be coming back here. Mr. Friend: Coming back here as often as you need us. Mr. Plummer: Mr. Garv, enouch of these reports will be made at the time of distributicn for both Pension Boards? Mr. Gary: Yes, sir, we'll do that immediately. Mr. Friend: Thank you very much. rt r U 37. AUTHORIZE AGRF,IEIM17T WITH CUBAV MUSEUM Or ARTS & CULTURE, IiiC. LEASE OF pROPERI°Y .FORMERLY R IOV-i� AS FIRE STATIC"; 1?0. 15 Mayor Ferre: All right, item 15. Is there any discussion on item 15? Mr. Plummer: Joe, fine, move it, but then I'll cover it under discussion. Mr. Carollo: Okay. s. All right, under discussion, Mayor Ferre: All right, Mr. Lacasa second Plummer. Yes. No, no, the young lady next to you there. I've known Mr. Lacasa: g her all my life and I can't thin eofthere name. ban Alberta Ryan. Have you seen the lease existing o the microphone so that we will have ?Tozx Mayor Ferre: Mrs. Ryan, come t on the record for posterity. _ I live at 1270 S.W. 14th Ms. Albert Ryan: My name is Alberta Ryan. o about Street. I was just talking to the young lady over there a while ag our requirements and she does thavehthem wias beentcovered. She h here. And thas 1the hinformation here this evening to be sure that we requested, and I think that's all that's necessary. Mr. Plummer: Fine. . er to take over from here and explain to you Ms. Ryan: I would like for h what she has. Mayor Ferre: All right. Any other questions? Mr. Plummer: Where's Dr. Candela? the hospital where he should be. Mayor Ferre: He's at 's more important things here......... Mr. Plummer: There Mayor Ferre: Not than what he's doing at the hospital. And he's just waiting for you to fall into his hands some day. t,, falling into my hands. (LAUGHTER) Mr. Plummer: Better than hi rre: Plummer, that's one of the more classici�omeAllkrightt we've Mayor Fe you for had on this Commission and I want to commend further discussion? Call the roil. The following resolution was introduced by Commissioner Carollo , who moved its adoption: RESOLUTION N0. 81-800 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, WITH THE CUBAN MIUSEUM OF ARTS AND CULTURE, INC.; FOR THE LEASE OF CITY PROPERTY KNOWN AS FIRE STATION NO. 15, FOR THE ESTABLISHI-ENT OF A CUBAN MUSEUM OF ARTS AND CULTURE (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). • (CONTINUED ON NEXT PAGE) SEP 2 41981 Upon being seconded by Commissioner Lacasa, the resolution was "Massed and adopted by the following vote: y � I AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollort , Commissioner Armando Lacasa k't� ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None f ABSENT: None ON ROLL CALL: Mayor Ferre: I congratulate all of the ladies that are here for their dedication, hard work, enthusiasm, faith and I look forward to the opening of what I think would be a very very nice museum. 38. DISCUSSION OF ADMI14ISTRATION OF PARK WEST: ENDORSE PLAN AS SUBMITTED BY THE CITY MANAGER Mayor Ferre: All right, we're now on item "B". I think you wanted to take up Park West. Isn't that what you've been waiting for, Emilio. Mr. Plummer: May 7. ask a qestion? What are we really ... I don't understand this thing. Because I thought this matter was resolved at the last meeting. , Mayor Ferre: It wasn't because we put it off. Mr. McManus: The 5 day rule was invoked at the last meeting. Mayor Ferre: It was about 2:00 o'clock in the morning and everybody said well let's hear it next time. Look, they've come to an agreement and everybody is ready. Are you agreeing with the agreement? UNIDENTIFIED SPEAKER: We agree with the agreement. Mayor Ferre: Okay. Anybody disagree with the agreement? Mr. Plummer: Now wait a minute, I just got this thing. Mayor Fer-re: You had it last night, Plub-ner. Mr. Reid: The agreement was in the agenda packet, Commissioner Plummer. The last item on the agenda packet. Mr. Plummer: Well why are they handing me another one. Mr. Reid: Because you had the unsigned agreement. You now have a signed agreement. Mayor Ferre: Because you have a history of losing things. N, Mr. Plummer: My history doesn't show any losses at all.r "p _ Mayor Ferre: George Depontis where are you. Mr. Plummer: I hope he's running your campaign. 109 Mayor Ferre: No, I have him exactly where I want him; running 11y opponents campaign. Mr. Carollo: I know of at least one opponent you're not going to have any problems with. Mayor Ferre: Okay, let's g o, Plummer moves, Lacasa seconds ... we don't need to movz this, do we? Do yo'j need a ratification of this? Mr. Gary: Well, I think it's important to show good intent to both... Mayor Ferre: glummer moves,Lacasa seconds. Right? Further discussion? reement. Any discussion? Call the roll. Everybody is t+:.ppy and in ag : Just to make the record absolutely clear, Mr. Gary, Mr. Plummer acting presently as City Manager is in charge. Mayor Ferre: That's right. This is an agreement that Mr. Gary agrees ary would agree with it if he weren't in wi th. Now do you think Mr. G charge? Depends on whether he's been drinking or not. Mr. Plummer: n� Uncle Charlie, I wouldn't Mayor Fer re laugh like that if I were Mr. Carollo: $100,000 he can certainly afford it. Mayor Ferre: Call the roll. otion was introduced by Commissioner Plummer, who The following m moved its adoption: MOTION NO. 81-801 A MOTION GRANTING THE CITY OF MIAMI COMMISSION'S OUT HE ENDORSEMENT OF A MANAGEMENT PLAN TO CRY LOPMENT PROJECT AS PRO OSED BYTT1iE CITYWEST MANA ERDONETHISS SAME DATE Upon being sethe motion was passed conded by Commissioner Lacasa, and adopted by the following vote: _ AYES: Commissioner J. L. Plummer, Jr. ` Commissioner Joe Carollo Commissioner Armando Lacasa rTM V1ceMayor (Rev.) Theodore R. Gibson �n Mayor Maurice A. Ferre w An # 4 39. GRAI•iT REQUEST D.T.B. $25,000 FOR ORANGE BOWL CLASSIC FESTIVAL PARADE Mayor Ferre: And now we're going to take up Uncle Charlie. All right, Mr. Hadley. As I understand, that's another item thaL- everybody is in agreement with, that the Orange Bowl..now Mr. Chairman, are you in agreement with this? Well what does that mean, I don't understand sign language. (INAUDIBLE BACKGROUND C011MENT PLACED OUTSIDE OF THE PUBLIC RECORD) Mayor Ferre: Is that yes or no. Mr. Plummer: That's all you want to hear. The answer is yes. - Mayor Ferre: Who's going to make the presentation on item 61? Mr. Plummer: What's the item number? ..` Mayor Ferre: 61. Mr. Gary: Orange Blossom Classic. Mayor Ferre: All right. Mr. Bruton, as I understand, you're requesting that the 49th Annual Orange Blossom Classic Festival Parade of October 24th be funded for, what is it 21? Mr. Plummer: $21,500 he says. Mayor Ferre: How much did we give them last time? Mr. Gary: We gave them approximately $12,500 last year. The problem' I'm sorry, year before last. 5a �. Mayor Ferre: We didn't have one last year. Mr. Carollo: Move. Mr. Lacasa: Move. Mayor Ferre: All right, its been moved and seconded. Call the roll. 111 Further discussion? SEP 2 41981 C r The following motion was introduced by Commissioner Catbllbs b ffioved its adoption:"}< hl MOTION NO. 81-802 t � t. A MOTION OF THE CITY COMMISSION GRANTING A REQUEST FOR FUNDING MADE BY ALONZO B. BRJTON, CHAIRPERSON .. OF THE OBC PARADE COMMITTEE IN AN AMOUNT NOT TO EXCEED $25,000 IN CONNECTION WITH THE 49TH ANNUAL ORANGE BLOSSOM CLASSIC FESTIVAL, PARADE" TO BE HELD ON OCTOBER 24, 1981 Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the fol)owing vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 40. AUTHORIZE AGREE101T: FLORIDAGEB STADIUM & UNIVERSITY FOR USE OF Mr. Plummer: Mr. Mayor, excuse me. We also have to take up item 19 in conjunction with 61. Mayor Ferre: We have the University of Miami item and then... Mr. Plummer: No, it's Florida A & M. All right, Plummer, do you want to move 19? Mr. Plummer: So move. Mayor Ferre: Plummer moves 19. Father Gibson: Second. Mayor Ferre: Gibson seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer , who moved its adoption: RESOLUTION NO. 81-803 — A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED UNIVERSITY VnP THE USE OF HERETO, WITH FLORIDA A 6 M THE ORANGE BOWL STADIUM FOR THE PURPOSE OF PLAYING THE ANNUAL ORANGE BLOSSOM CLASSIC FOOTBA,L GAME BY SAID UNIVERSITY FORA OIL -YEAR PERIOD, WITH TWO ADDITIONAL ONI -YEAR OPTIONS TO RENEW, IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH THEREIN (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). (CONTINUED ON NEXT PAGE) Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. P'°.ummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa ViceMayor (Rev.) Theodore Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 41. AUTHORIZE TiEGOTIATIOIv OF COI -,TRACT: FACILITY 11A1iAGEME1'T, I0C. FOR CONVENTION CENTER Mayor Ferre: Item 24 is the University of Miami/James L. Knight International Center, City of. Miami and so on. All right, sir. Mr. Dean Hupmeister: Mr. Mayor, I'm Dean Hupmeistex, the Executive Director of the City of Miami/University of Miami James L, Knight International Center. One of the priority items since joining the project April 1, has been the selection of a professional management firm for the Convention Center. We have this item on the agenda tonight and it is the first real sign of progress and being able to put together the operational organization for the Convention Center. We have here tonight we us to speak if there's any questions or comments required from them, Mr. Paul Andrews who is the Chariman of the Advisory Committee for the Center, and some representatives of the University of Miami. Mayor Ferre: All right, Mr. Andrews. Let me say, Paul, and I don't mean this in any way offensive to anybody, because I think we've got a very fine City Manager, but we always miss you. I have happy and fond memories of your days here, and we're always happy to see you. Mr. Paul Andrews: Well thank you, I appreciate that. Mr.Mayor and members of the Commission, upon entering the room I noticed that you were deliberating ovei a problem and it seems to me, when I left the City of Miami in 1976, you were still faced with that problem. It's the unfunded liability with reference to the pension system . A lot of time has passed. Mayor Ferre: We've been there before. Mr. Andrews: All right. What I would... Mr. Plummer: It's more critical to you now because you're a recipient rather than a payee. Mr. Andrews: I'll tell you what should be worrisome to you with reference to that, it's that I notice that the 35 year aspect was bandied around again. I say bandied around because there are quite a few questions that should be raised within that 35 year span. One of them is that medical science, like it has in the last 20 years, has made so many advancements and longevity with regard to that pension system is what you have to be concerned about in terms of sotle of the questions that you were asking about funding future liability with: regard to increases. Increases of lr,ngevity will cause you to take another loop: at it. What I would like to report to you is that the ldvisory Committee, and with the assistance of the staff of the University of Miami, and the staff of the City, we've held many meetings in the last 6 months evolving what we think is now an acceptable approach to the mangement 113 SEP 2 41981 C P ds Mr. Andrews (continued): firm arrangement to provide the housekeeping, marketing and sales services for the City. And the boardorm wantedmission ... excuse me, the committee wanted me to especially of the potentiality of conflict of interest which we looked into very carefully and have satisfied ourselves that this can be overcome. We took the time to meet With the City Manager. Ne was gracious enough to i allocate us a lot of time ill skit `'' could had discuss thatgthis He even went beyond some steps ssolution]ly1 And so we are here to recommend could be carried out that you adopt this to Mayor Ferre: Paul, let me, on behalf of the City Commission, thank you and the Committee, especially the members from the nivessity fMi am and Dean Allen, Mr. Cole and the others for y our awarenknow that you were very concerned. And I'm happy potential problems. I that after having studied it, you have concl+.ided that the conflict of 1. n is interest is really more imaginary than onreaBut Idoethough there thinkthat this is, something that we must keep our in my opinion, a happy conclusion. There are not many companies in this e country that are versed inthis or particular that dofield, thisand Therlelarettwo.thAnd happens to be one of the two one of the better ones. Now the fact that there is a lappropriate. i between the hotel management, I think your conclusion is think this is a managerial function rather thanwould thehotherhwayat taroundreally i would give us a better operation too believe that. Thank you for your concern and advice. Is there anything else that needs to be said on this? Mr. Andrews: No, unless you have some questions of the university. Dean Allen and Bob Cole are here from... Mayor Ferre: I would just like to make a comment to both Mr. ColeAandd to Dean Allen on the raec°thereFissa photograph thatirt of all, I wanttI wasnr quested to by the way, I signed dedicate to you and to Henry King Stanford, for your help and or your and your wisdom in guiding us. I want to tell patience, especially, e University th you since I consider myself the author of having brought th youiami, as recall of Miami's conference center from Coral Gables to Mopposed to it and Dean Allen, when you first heard about i- youwere it through and in your deliberate and wise way,thought then you, A ou in turn convinced then concluded that you were for against it at the beginning, that it Henry King Stanford who was also ag ell you now that we're getting closer to made sense. Now, I want to t the inaugration, that if it were not, a lot of people have asked l ummer p and I want to put this on the record. I'm sorry my friend J. I.. Pl r he d Rose were is not here to hernamin his because the JameseL eKnightnCenter. GoYo nremember so concerned aboutg s Paul. If it were not for the discussions that we had in those day in m opinion, we the University of Miami's participation din this, Y p couldn't have built a Convention Center. And want to on eah�ableordlt�s again explain why. That convention center It's three-legged reedlegged an table. missing a major and a very expensive leg• the lack of an ibition Hall. The Exhibition Hall makes this a wobbly,Whatmakes it firmer, what makes exhibition hall makes it a wobbly it able to stand up is the fact that the University oto that throughcenter, what, on -going education and other conferences, will bring 50,000 people? Sir? Mr. Andrews: Probably more. Mayor Ferre: I don't think it will go up to 100, will it? Mr. Andrews: It could. They have some large... 50 to 100,00G people that come back, doctors, lawyers, Mayor Ferre: Those and other people coming back for educational purposes and for conferences are people whose expenses are paid for by the respective hospitals, corporations, and entities And Andthey isare tlieypeople thatww111 ... assurertheey patrons are people ofmeans. 114 SEP 2 41981 Mayor Ferre (continued): success of the center until we are able to get our exhibition hall up. Now, the reason why we agreed is not because the $2,000,000 of the Uniiersity Miami, through the kindness and generosity of 17r. .lanes L. Knight and the foundation, make a bit of a difference. This project is close to $200,000,000 by the time we're finished with it, I'm sure. $2,000,000 out of $200,000,000 is a drop in the bucket, and yet we've named it afterJames L. Knight. But I think the importance of it is that it is that facility, the University of Miami Conference Center, that will mn1ke this three legged table stand up and be successful until we're able to get that fourth leg which is the exhibition hall. And therefore, we have really built something, I would, if you'll forgive the lack of modesty, because it's not really my wisdom, but the collective wisdom of many many people, we've built a structure that I think we're all going to be proud of in years to come. And you, sir, and the University are really the real key to it, in my opinion. And I want to thank you again. We need a vote on this, don't we? Mr. Carollo: Move. Mayor Ferre: All right, Commissioner Carollo moves. Father Gibson, would you second this motion now for the University of Miami? Mr. Plummer: We're talking about the management firm, correct? Mayor Ferre: Yes, sir. ® Mr. Plummer: Okay. On the record, what is the cost? Mayor Ferre: Well we need to get a second first, and then we can discuss it. Mr. Lacasa: Second. Mayor Ferre: All right. There's a second. Now answer the question. What is the cost? Mr.Humomeist.er:Well we have to start negotiation. In your budget, we have budgeted for the first 6 month operating period which will be the first operating period in 198 ` tlowing the opening of the center. Something in the neighborhood o-' :_:;,000. So I'd imagine on a yearly basis, you're probably talking of a contract of around $100,000 a year. Somewhere in that neighborhood, I would say. Mr. Plummer: And how many —when you speak ... my only question in relative to the firm rather than an individual. You're talking about $100,000 a year, what is the proposed term of the contract? Mr.Humpmeister:The proposed term that we have now is $160,000 I think, that they have submitted. But that... Mr. Plummer: Term, one year? Mr.iiumpmeister,Oh, it's a 5 year contract. Mr. Plummer: With an option? Mr. Humpmeister:Right. It has a...the clauses that are part of the resolution tonight is that there will be a review on the first 18 months, and 3 1/2 year period. Mr. Plummer: And how many firms did you negotiate with? Mr.Humpmeister :We haven't negotiated with any firms yet. Mr. Plummer: Well, how many did you interview? Mr.Humpmeister Ve sent out specifications to 4 and received proposals from 2. 115 t v�? .,4 Iv8t r Mayor Ferre: There are only two firms in these United States that are large enough and experienced enough and qualified enough to do this kind of a job. Within t:►e agreement betweenthe firm metthatity and well. therels Mr.Humpmeisterqualification. And the on a 5 year experience Mr. Plummer.: Only the one firm? idr.Humpmrister: Yes, Sir. spec world. I :rankly knowing a little s Mayor Ferre: This is a very P convention halls, but it's bit about it, not because I've ever run any hat related to the hotel andentertainment wouldemuchnratherqtell- bedealingtwithla major very very complex world doing, than with an individual. re corporation that knows what they' These same people do this type of business in other places, don't they? This firm that's under consideration has a management :�Ir.Humpmeister:Yes. contract for the super -dome... -dome in New Orleans, don't they? Mayor Ferre: They run the super Mr.Humpmeister:Right. They... u Mayor Ferre: I might just for historical purpose, tell you that that as Paul will remember, because Mr. A. M. P. Ritzker came about, of veryvery upset who is standing in that microphone right John wrote about at a very very nasty editorialyou can have him, his company and Watson Island, and said, Mister, y I am going to New Orleans where I think I will be better this City: d off he went to New Orleans and signed received and better treated. An the Super Bowl contract. Mr. Plummer: But you also better know that the contract at the Super make Dome is probably the most unique contract in the world. What they is based on c percentage of the loss they save. I hope we don't experience the same. - e. Mayor Ferre: What other places does this company manage. Mr.Humameister:They have quite recently concluded a rather large contract. with the operation of their new City of San Franciscooff�heireconvention bureau, and the Masconi Center, the staffing Also they -� operation of an additional convention centerwithin the . the City of i have within the last 60 days concluded an agreement Long Beach, California. 1 Mayor Ferre: Long Beach, California. 1 sir, but to t is not to You, sir, administration. Mr. Plummer: Well okay. This H; Gary, we have a Convention Director. We have Convention Managers, we have convention everything. But we can't the damn thing moving. Mayor Ferre: Well, that's not so. We're going to be building... Mr. Plummer: Well,,but you know... Mayor Ferre: Be careful with that, J. L. Mr. Plummer: What I'm trying to get at is this. What is this firm going to do? Is this going to replace the Conention Manager9 read the stuff. What these Mayor Ferre: l:o, no, no. You'd better people do is physically run the plant. They are...I don't mean the... nd is there anybody here from the company? lorifiedn'ta�ean to e janitorialservice, anybody, but they really are Performing 6 should I say? Or maintenance operation. Physical plan. They are the building managers, so to speak. They are the supers. If this 116 S E P 2 41981 P Mayor Ferre (continued) : super. Right? were an apartment house, we'd call thO-it thLs Ar. Plummer: . Mr. Andrews is indicating that they handle market and salesx Mayor Ferre: No, no, no. Mr. Andrews: Oh yes, yes they will. Mr. Plummer: Well you see. Now this is where you're getting into the duplication. Mayor Ferre: But that's... Mr. Plummer: No. Wait a minute, Mr. Gary, I'm going to do you one better. Who is going to negotiate with these people? Mr. Gary: Mr. Hupmeister will be the lead person on that along with the Committee. Mayor Ferre: Wait, wait. Because you've got me confused. The performance of —that they will do in management of the convention is perfunctory in nature. They're not invovled, as I understand it, in the decision making process as to who...that's...the policy of how we run that convention center, we have a manager whose name is Tony Parajes. Mr. Odio: No, sir. May I explain. Tony Parajes function is to sell the County as a whole. We have to sell the center on a separate basis. And the professional management firm will be responsible for marketing and sales of the center. Mr. Gary: Under the direction of him. Mayor Ferre: But you're going to be directing them? Ar. Humpmeister: I will be establishing the policy for the operation of the center in conjunction... Mr. Plummer: You will be, or this Commission? 11r.Humpmeister!I'm talking about the day to day operation of the Convention Center. Mr. Plummer: And you're answerable to Mr. Gary? 11r.Humpmeister: That's right, Sir. Mr. Plummer: All right. Now you'll be negotiating this contract for this sole bidder, sole qualified bidder. Mayor Ferre: No, no, there's two. Mr. Plummer: No no. See, that's what caught my eye, Mr. Mayor. There's really only one firm, not how you bid, it's what's in the specs. You need to know that there was a 5 year experience requirement. I'm not saying that's all bad, but that discounted the only other firm that bid. Mr. HumpmeisterWell sir, if I could just comment to that. Mr. Plummer: Let me tell you where I'm at, okay? You go ahead and do your negotiations, but I want this item scheduled back before this Commission with that company coming here telling cne what they're going to do because I'u, suing duplication, and I want to make sure there is no duplication, and I want to make sure we understand and they understand what responsibility is their, and what's not. So once you get your contract, or your negotiations finished, before it's approved, which I assume you have to come back here --iith, you have them come here and make a short presentation. 117 SEF ': ' Ferre: Okay. Are we ready to vote now Call the roll. Mayor introduced by Commissioner Carolloo �h The following resolution was moved its adoption: RESOLUTION NO. 81-804 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE _ A CONTRACT WITH FACILITY MANAGEMENT CON TION CENTER OFOTHEECITYROF THE MANAGEMENT OF THE OF MIAMI JAMES L. KNT.GHT INTERNATIONAL MIAMI/UNIVERSITY �. CENTER (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). by Commissioner Lacasa, the resolution was — Upon being seconded passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa � ViceMayor (Rev.) Theodore Gibson ittir kk 1 {I C Mavor Maurice A. Ferre NOES: None ABSENT: None 42. PERSOI+AL APPEARANCES: USERSy,AT CITY OWREDLMARI?ASCHARGES FOR REQUEST MANAGER TO EXAN-1-0E PROPOSALS if I'm not mistaken, the next item is Mayor Ferre: All right. Now, Fred. Mr. Plummer: Fred, which one are you? Mr. Fred Roth: 59. Mr, Roth the Chair recognizes you, again, with Mayor Ferre: All right, an apology we've gotten to you at 20 minutes to 6. Go ahead. Mr. Roth: Mr. Mayor, thank you very much. I'll just asas with possible. I'm very tired, and we started out thiss morning so I'm a little bubby-eyed. meetiiig at the Marine Council downtown, Mayor Ferre: Well we've been here too, so... Mr. Roth: I know you have. First of all, let meVthank you listened to for allowing me the privilege of coming here, as you've oin action. There's no people throughout the years. This is democracy question about that. And if I might, I understand the rules, Ibelieve, remshould that the personal appearances that are requested, that my be confined to that. I make that statement for the benefit of some other people. Mr. Plummer: Yeah, well I've got a question aside from that I want you to continent on, so go ahead with that item. then that you've invited me, if within my range Mr. Roth: I will stay ou some...and � have name we will. And I ... what can I tell you. I gave to yFred Roth. to make one other statement first if you will. My am not here as a member And while I am a member of the Waterfront Board, �l� SEP 2 41961 Mr. Roth (continued): of the Waterfront Boatd6 The letters which I made foot surcharge copies for and sent to you have to deal with the 6 tent per which is to go into effect on October 1. Mayor Ferre: on the electric. Mr. Roth: The electric, yes, sir. And this is Father Gibson'sinning. I favorite beg subject. When we come back...let me go to the becausethink you have all, I think take the time to read the letters it asquickly as I can. Father - you know what I said. I'll try made ogethe ,youou were putting all this together, Gibson, I xemember that when we ld be the at Dinner Key people the point very strongly that congregation, bill just like your constituents, your paying the electric the public should be. I asked the Chairman ofutnto ether. And I and genera]_ p g Board if we might discuss this issue. A proposal that do instead - in his wisdom, he said he would prefer not to it, but askeddid.nme to take it directly to the management company, yall have. I received back dated August 21, copies of which i think Youne of the most insulting from the managing director, Robert Traugott, one The final paragraph of that letter letters that I've ever received. �� associates, I would be reads as follows: If I were you and your. City administration desperately cautious of bringing discussion to a badly battered budgets." I responded again. seeking revenues to augment letter sat on my desk for a day or his :j I typed a letter. My response have this issue pursued to cool down. I would not nrwife,before if in fact I had not been pursuaded by my andymany if we will. I'm evening let's have at it, people in the marinas to pursue it. So, Batocal Father sfrom tonight arely going to quote to you some figures tonight. the I'm going g and other Commissioners, the figures 8in budget. nbudgetthe 981And management company's estimate frevenues theo1981n1982ed I have spent literally hours going last paragraph, this isn't going to management answer to the management company's just a couple of figures. If you stay let just quote help anything, it will yield according to live -aboard charge,4-0 with the 6 cent per foot 40, that's einnthetfiscalhereill the management company's ° Thatlive Key Marinayeare1981- 982. aboard slips at Dinner the City,`and this is probably the only figure I think you of will yield to in mind for the moment, $34,560. If, however, every user to kep most boats need Point, there are electricityin the Marina, and this is my p the management company's By —. in the marina are hooked into electricity. be live-aboards next year, or own estimates, only 40 of those boats will Under my proposal, everybody who plugs in in this fiscal year coming up. mpanies. Simple. We've got big yachts out here belonging to co hooked in. Air conditioners pays. 220 lines Nobody lives aboard them. They have 2 to live -aboard surcharge of 6 cents !' ice makers, etc. Remember, the running, self. These otheimana -.! -{ will pros.;ce $34,560. This is a survey management company's figures. me, g p Y are the Biscayne ...excuse figures indicate that the City With ill rhee6vicent5�'160 A My survey from their for electrical usage. The difference between going of $117,600. -1 live -aboard charge and my proposal will yield a net gain Mayor Ferre: Fred, to be aLIS to cut through... Mr. Roth: One more figure, Mr. Mayor, and I'm finished. Mayor Ferre: I'm going to ...if what you say is so, then I wanted to W on the record that it makes sense to me. Mr. Roth: I want to make a suggestion if I may, sir. Mayor Ferre: Please, sir. Mr. Roth: That's what T like about you, Mr. Mayor. The electric the Office of Management and Budget shows budget for 1981 and 198"L from that the cost of electricity will be $72,000. Now Mr. Mayor, Mr. Commissioners, I've done the job that should have been done by the management company. Can lid here to you today interviEw people, talking the City ... I have budgets. You need $100,000 am bringingo do this and to youftonightCaS117e60Qy Myf fplan not to take the gift that 119 SF r Mr. Roth (continued): after the payment of the $72,000 of electricity next year, will produce a profit to the City of $45,000. The management company by ignoring my plan will produce a loss of $38,000. Mr. Mayor, Commissioners, I would like to suggest that the City Manager order the management company to review this proposal, and number two, I would like to suggest to the City Commission that they delay the imposition of the 6 cent live -aboard charge for a period required to complete this review and its consideration by the City Commission. Mayor Ferre: All right, Mr. Manager, would you react to, and you can turn of the light now, would you answer that, or —Mr. Sorg, I'll recognize you for a brief statement after the Manager has made his. Mr. Gary: Mr. Mayor, we haven't had a chance to review Mr. Roth's proposal, but it sounds impressive, and I'd like to have a chance to review it and come back to the City Commission. Mayor Ferre: The problem is that this whole thing starts October 1st, and we're not meeting until October 7th again. Mr. Roth: Mr. Mayor, if I might give you one other figure. A delay of 30 days ... I did this survey in 2 1/2 hours on one Pier. All right. A delay of 30 days which is more than enough time tj complete this analysis, believe, will result in a temporary deferral of $2,800. That sounds like a fair bet to get back 117. Mayor Ferre: Fred, this is Paul Andrews has now left, but I guess this is what I would call deja vue. I've been here before. I think as long as I can remember, and I've been around here since 1967, we've been periodically, whenever it comes time to bite the bullet, this Commission has always rolled back. The other day there was a young lady who I met in front of the UTD, who was saying how can you impose a 300% increase and my answer to her, and I'll say it publicly agian is, it's a 300% increase only if you take into account that for the last 10 years, we have not, like we should have, periodically increased the rates commenserate with the value of comparable places in the community. Now, I'll ask........ but that has nothing to do with your point. Your point is valid nevertheless, and I too am impressed with what you are presenting. But let's hear from Mr. Sorg For a moment and then we'll see what the Commission wants to do. Mr. Stuart Sorg: Sturat Sorg, Chairman of the Waterfront Board. I respect very much what Mr. Roth is saying. I would like to bring to your attention that we labored over the various rates for three years, and we had many hearings to discuss what was fair and reasonable, and we decided upon a 6 cents live -aboard charge at a special City Commission hearing, which we all ran around, and everybody agreed to it. Now I believe this is an ordinance, if I'm not mistaken. But what we're going to do is we're going to permit the reopening of an ordinance which I feel then you're going to have to reopen the yacht clubs and everybody else, because you've alread;r passed it and it goes into effect. Now what I am saying also is, that I respect what Fred is saying. However, you do not have the non-live-aboards here to defend themselves ao, oi-y far out number the live-aboards, and what he's saying is that those who oo :Iur use electricity should be taxed for electricity anyway. I think that is unfair. Mr. Roth: No, sir. Not at all, Mr. Sorg, not at all. My proposal, you didn't probably have time to read it. My proposal says, very simply, and there's one thing I wanted to go back to that I did not cover is enforcement of live -aboard. My proposal is very simple. If you plug in one 1 15 amp line you will pay $10 a month more, the little sailboats on the bulkhead do that. If you plag in two 15-amp lines, you're going to pay $20. If you plug in one 30-amp line, you're going to pay $30, if you plug in two, you're going to pay $60, and if you're that big boat on the t-head,out there, with 220 volts, you're going to pay 90, and if you plug in two of them, you're going to pay 120. If you don't plug il", you don't pay. But let me come back, if I may, I missed one point, Mr. Mayor... Mayor Ferre: Very quickly, Fred, because we have a budget hearing in exactly one hour. 120 SEP 2 4- 1981 ,#r\ Mr, Roth: I understand. The problem is going to be in enforcementN ere is absolutely no way to determine who is a live -aboard out there. OW take my word for it. 'You know I've served on the marine operations review committee. I've here for 5 years with you. There is absolutely no iron -clad way to determine who is a live -aboard. There's all kinds of schemes going on, all right. Now, let me also suggest something. Don't change the ordinance. Leave the 6 cents. But please, you need the money. We've got to repair the marina. We need the funds. Mayor Ferre: Fred, look, as you may recall, we have had this absolutely identical conversation before. We talked about exactly this. Now you come up with specific information which we didn't have before. But the argument was made before as to whether or not we should do it this way, or whether we should get G cents for the live -aboard, and we went through all of that. As you recall, we got blistered and this and that, and we had public outcries, and my election was going to be determined on it because I was going to be thrown out because I was such an unfair, and this and that. And we went through all that. I go up to bat every two years, and you remember that I had an opponent that sat on this commission and she voted pretty much the same way I did, but then all of a sudden when she began to run she started taking the other side and she was going to beat me on this and all these other things, and I said okay, okay. And all the people out there said we're going to campaign against you, we're going to lick you and throw you out, we're going to do this and that and everything else. I said fine, you're entitled. Go try. Go do it. And the fact is in this particular precinct that was right. I didn't carry this precinct. I understand the penalties of all these things, but you've got to be a big boy and you've got to bite the bullet. And we finally got around to it after years and years of haggling and screaming and people hanging from the rafters when we didn't have the glass up there and making all kinds of statements and accusations and threats. Now, we went through public hearing, after public hearing, after public hearing and we got challenged. And the Herald wrote all these terrible editorials about the rape of the waterfront and on and on and one and on. There's one of them. There's one of the guys that used to make all those wild statement, the guy that just walked out. Then we went through this process when we created this water board. Now who is going to sit up on the water board? Well, we were going to get civic associations and the users, and the lawyers of the users and everybody esle, and we got the water board finally in. Now the water board is recommending, is that correct, about to institute, and now here we are again. Mr. Sorg: No, sir. We are recommending we stand by the ordinance. Mayor Ferre: I realize that. That's what I just said. Mr. Roth: Excuse me. The Waterfront Board hasn't even considered this. I prefaced my remarks by saying... Mr. Sorg: No, we are not going to bring back a rate issue which has previously been solved by the City Commission and is into an ordinance that's in existence. Mr. Plummer: Yeah,but Stuart, that's well and good if our electric bills remain constant. Mr. Sorg: But we don't know that, J. L. Mr. Plummer: I know it. ` Mr. Sorg: Wait just a... Mr. Plummer: If ... your home electric bill, what has happened to it in the last three or four months? Mr. Sorg: J% e ordinance starts the first of October. Let's try for a year and let's see. Nobody knows. Mr. Plummer: Stuart, look. My electric bill has gone up about 30 to 40%. Now when this ordinance was talked about, and this ordinance was 121 SEA • Mr, plumper (continued) : put into effect, we didn't have this skyrocketing that we've been experiencing. to do. I think J. L., I'll tell you what I would be willing would like Mayor Ferre: ht. Now, he's brought up some valid information. All xioing to roll. back, and for the adminl.stration to review it• I �' not g and there's... after November the loth ?hen al-1 the hea{ttolbetxeelected,` of the t an a and I ,ill...and going election is over, INAUDIBLE BACKGROUND COIRJENTS PLACED OUTSIDE OF THE PUBLIC RECORD) d ( I know, I know. You were going to beat me last time an Mayor Ferre: Oh, And after November I got elected. I' ll be here after e a Novo ber the loth. the loth, we gill r. Sorg: Let's bring it first to the Waterfront Board and move it on up. M and the Mayor Ferre: After the Waterfront Board, let's e will le a hearing, Waterfront Board will reconsider all this, and we will take it from there. Wat 1 think is Mr. Mayor, what I said to you before, Mr. Plummer: Well look, there's no backing a very important tbinjand then there, s no roll back, off. Temporarily Put Mayor Ferre: We're always doing that, Plummer. r: ...October 1, and then whatever the o in a dimeision is is Mr. Plumme you've not retroactive back to October 1. Then y Mr. Roth: Right. You're goint to pick up $117,000. • Fred, I don't know that that's the case. I don't know Mr. Plummer. that that's what this Commission will decide. that. Mayor Ferre: Plummer, we're always doing to October 1 on it. Mr. Plummer: But whatever we decide, we'll roll back Mr. Sorg: But let's get the non -users here. Mayor Ferre: I'm the guy up for election. I'll take the heat. They're not going to vote for me anyway. Mr. Plummer: I'm not asking anybody to take heat. the City Manager to order the management to do a study. That's Mr. Roth: Ask all. To do what they're being paid to do. But let's hold the rates until after erthat's done though. We have Mr. Sorg: ht now, Mr. Man g an ordinance in existence rig on in addition Mr. Plummer: And anything that this Commission decides ip to those rates will be retroactive back to the first of October. to roll vote Mayor Ferre: I'll put it on the record. You do not have my back. Mr. Plummer: We'rf; not rolling back. and come this thing Mayor Ferre: If you want to move forward and ant open mind, if this is back, then I'll be perfectly willing to keep or the people Eople that'err. a better way, after we ve g iven an opportunity f to come here and defend their interest as non-live-aboard,well as t e ones who live -aboard. Okay• I'm Just Mr. Sorg: I'm not opp osed, Mr. Mayor, to what F'iedtosit, aybut . after saying, if we have an ordinance then let's live up November, let's get to it. 122 SEP 2 41981 use o go • took, just so that you will have even a stronger calivetaboard or Ferre' I am that close to vote against any right here, out and election against me, ut it on the record rig on those docks. I'm that close. I want to p this election. Okay? _ 80 you can go Mit and work real hard against me during On the record, I am that close •.o vote against live-aboards on these docks. On top of the :.able. Mr. Roth: Mr. Mayor... (INAUD IBLE BACKGROUND COMMENTS PLACED OUTSIDE OF THE PUBLIC RECORD) rre: Oh, do you want to make a bet. Do you want to see me do it Mayor Fe done for Mr. Roth: Please. From the 1981-1982 budget, that job is being you by the management company. you what. You want to see Mayor Ferre: I will tell you what. I'll tell Y with this study, that me do it? I will make a motion right here that athegpossibilities of doing is doing which is to use that marina this administration be authorized to investigateh i live-aboards aboard. the same thing that the County strictly for the use of day marinas and have Mayor, if you make that motion, I will second the motion. Mr. Lacasa: Mr. Y Mayor Ferre: I'll make that motion right now. Mr. Lacasa: Second. Mayor Ferre: There it is. All right. The reason You why I am seconding that motion. against Mr. Lacasa: And let me tell Y and I don't have nothing specific a8 is very simple. The live-aboards, an a privilege in the City of Miami, and live-aboards, have had for manymyears the tax paid by others in the City by have been quite frankly, enj Y g low fee. via of having electriNow when we try, city services and a very he Fred, and we are friends well before I was om thing equitabletand Commission, when we tried a few months ago to come to t something eo le that are using air as if they were in their homes for which they and take into consideration fact that p of Miami as well conditioning year after year, pay no taxes, at a time when the realities aretfacingyy the and the other municipalities live, as the County in the taxes of the residences where they an increase in taxes, , problem. What do land which they pay. The live -aboard don t havecaretif we have to raise e what do they a that. they care if s raise the millag ,er year per house. They don't pay 200, and now we come with this. I here the taxes by 300, $50 p So we try to get to an understanding, all the way with it. second the motion of the Mayor. I g please. just one...may I answer Commissioner Lacasa, the Mr. Roth: Discussion for .. le to make a world. By and large, it takes all kinds of people once k awhile we get somebody Mr. Lacasa, are responsible, people are responsive, course, wants to pay more than tht, makes a statement that is not well thought out and does not represe whoeo le. nobody, the views of the p p But I think that the people accepted the rate thing. I would caution you, please, in have to for any thing Again, ,. increases as a necessary troy P thing. all due respect, ass this resolution tonight in the anger Mayor Ferre: It's not in anger. Let*,, Mr. Lacasa: Fred, let me tell you this. Mr. Roth: Wait, Mr. Lacasa... Mr. Lacasa: I cant. to say this. Do you remember, Fred, the houseboat that I use to leave`' Mr. Roth: Yes, sir. Mr. Lac asa: You remember that houseboat. I use to have a 1970 Chris -craft. 123 CFO ': r C gam, Maths You wouldn't sell it to me for my price. bought that from a gentleman that Mr. Lacasa: That's right. Which when I n I ha d it at the marina back there, I was there for two mobutsfor dtwo emonths9ed it to the final destination where I wanted to have a'in at that time or three months, I had the houseboat there. I was pay gwater and for a 46 footer, 46 footer, $70 per month. Electricity, do to a sanitation services included. All it I had atbeautifulwaterfrontauwasuto tie waterfront, because it was what that up there and pay $70. When I compare that... Mr. Roth: Today, Mr. Lacasa, at Dinner Key it will cost you $400 for that. Mr. Lacasa: That's right. Now we are beginning to sound reasonable. Mr. Roth: And I agree with you. Mr. Lacasa: Because I pay, I live by myself in an apartment... Mr. Roth: Mr. Lacasa..._,,, Lacasa: don't cook there and I pay $150 electricity het Mr 3{. Just that. month. ress that issue, Mayor Ferre. Mr. Sorg: Let me add h }c Mayor Ferre: Mr. Chairman, if I may be recognized, sir. Father Gibson: Yes, sir. Ma or Ferre: Because I think we need to move along on this. y Mr. Sorg: May I say just one thing before you move on? Let me Mayor Ferre: Please, Mr. Sorg. The Chair has recognized me. statement if I may. Look, I want to explain again what my motion make my ing here today, Fred. My motion is instructing is. We're not doing witanyh recommendation, look at the other side of the Manager to along with y possibility of making that marina a non -live -aboard marina. it which is the p The County has resisted with all of its In other words, like the County. ;n their marinas for a very might, not having people live -aboard boats that we't�� going to do it. I'm saying very real reason. I'm not saying possibility. Now, ' recommendation hould consider that along with the other Mr. Lacasa, of the motion ion. is that m notMr. Roth P art and parcel, I' willingtorollbak be properly studied by the administrat that we s but I am certainly willing after the loth of November to havt anything, r over this whole issue, as long that a special hearing all over again to go at the same time we go over the pussibllities of non-live-aboards. n other words, we balance it out with both sides of the issue. Father Gibson: All right, sir. m recommendation. But may I ask that somehow Mr. Sorg: That's basically y in representation of the Waterfront eBoard, which I have, that I possibly hearing and see if we can amicably sit down with them without having h reach some agreement on it, and after the loth of November... Mayor Ferre: Of course, Mr. Sorg. You have that right, Mr. Sorg. Mr. Sorg: Well, I think we can do it if we can meet quietly without a major hea-ing, and then b"ing it to a hearing if ... would that be all right with you? sir. Contained in my motion is one, that the various Mayor Ferre: YeS+ all elements involved, the users, the board, the Waterfront Board, sit down peacefully and try to discuss it. lumber two, that this be he Waterfront Board for their deliberations, eventually be brought to t number three, that tl;e Manager take all that and their recommendations, n to the City' Of l�+ and then we into account, make a recommendatioornoti will decide whether or not to schedule a hearing Fr�P 2 41981 I never thought bringing iT. a proposal that would bring or` $i�t Mr. Roth: g $117,000 to the City would result in such a conversation, Mr. May I respect... Mayor Ferre: in the meantime now, the only thing I don't know as to ether or not we leave you want to leave this in abeyance until... wh I hate to roll back that way, J , L . ahead with the ordinance and make it Mr. Sorg: I think you should move retroactive. Mr. Plummer: It was never my intent to roll back anything. It was just to make it ... whatever the further decision of this Commission was, to make to retroactive back to October first. Mr. Sorg: If that occurs. Mr. Plummer: If that occurs. Mr. Sorg: Yes. Father Gibson: Any further discussion? Call the roll, please. (INAUDIBLE BACKGROUND COMMENT PLACED OUTSIDE OF THE PUBLIC RECORD) Marina. Thankyou Chairman, Mayor. Ms. Dunigan• Pier it Dinner Key my this off my chest. I was once I'm a little nervous but I have to get a rent paying person in Coconut Grove. I lived in a house and the e rent was going towards taxes. I was robbed three times. MY was raped. We never did get..recover anything nor did w I love•T,i amia and been moved to Dinner Key where I have never felt safer. good person for I hate being pushed out. I work hard here, I feel I'm e and for the the City, but the way it's all going for somebody my age, our situation that's happening at Dinner Key, and I'm sorry Mayor y feelings tonight, if that happens, if I can't feel safe in my own here I'm going to have to go somewhere else. I don't want to gogood group I hope you think about that, I hope you think also about the gajudgmentoup le that we have down at Dinner Key. And before making of people think about that in your hearts because it was and moving them all out,ing very hard on land to feel safe.haven' f It to work,saf talkmean alwhave afeltnc tme, and down on the boats, late, until 9, 10, 11 at night, safer. I can come home from work working I can get up and leave -arly and I don't feel like when I come back to my boat I've been robbed. Please, please hear me, Mayor. Mayor Ferre: Look, this is not being decided tonight, and Father, may I for a moment respond? Father Gibson: Sure, Mayor Ferre: Mr. Odio, how many slips cio we have down in this place? 300 and what? 376. How many of them are live -aboard? 70? Mr. Odio: We get different figures in there... Mayor Ferre: well okay. Give or take. Okay. Out of 376, there's 70 live-aboards there. Now this City has 140.000 living units. I that 125 Li .: WMIm V Mayor Ferre (continued): co-rreet? to that what our count is? Mr. Gary: Yes, sir. Mayor Ferre: Our estimate, in the last Census, there are 140,000 households Now you're talking about 70 households. I just want to put it in proportion. You know, this is not the beginning of the ending of the City. In my opinion, with all due respects, it, this problem creates more aggravation sand more heat and more dissention, and more hate than any other issue that I have dealt with in government in 15 years. That's why I'm so frustrated about it. Now I just want to put that on the record. Father Gibson: All right. Mr.Ernie Senatore: Can I just say just one thing, sir? Father Gibson: Yes, please and then let's... Mr. Senator: Okay. The ordinance portion of it, if Mr. Plummers suggestion that we you know, pay it retroactive, the ordinance itself, I believe, has to be changed otherwise, it becomes effective October 1 whether we decide to go ahead and do it or not. Mayor Ferre: That's not my motion. Mr. Sorg: That's not the motion. Mr. Senatore: I thought I understood your motion to mean that we would be retroactive from, if we decided to go with the 6 cents... Mayor Ferre: No, sir, that is not my motion, sir. Father Gibson: State your motion again, please. Mayor Ferre: My motion, sir, is that the City Manager be instructed to study the full spectrum of charges again, especially those dealing with live-aboards, and especially that dealing with electrical charges as presented here by Mr. Fred Roth. And on the record, I think I concur with what Fred Roth came up with. And at the same time, study the feasiblity as to whether or not it makes sense for the City to continue with a marina where there are live-aboards, or whether or not we ... the City, not the 76 people who live there, the City would be better served by making it a day marina discusslike afDade November theThat's 10thall. a fullthat publicthat's hearingsomething that the we will Commission will decide at that time. Father Gibson: All right. You've heard the motion, there's a second. Any further discussion? Call the roll, please. The following motion was introduced by "Mayor Ferre, who moved its adoption: MOTION NO: 81-805 A MOTION OF THE CITY COMMISSION DIRECTING THE CITY MANAGER TO STUDY A PROPOSAL MADE BY FRED ROTH IN CONNECTION WITH ELECTRIC CHARGES TO USERS IN CITY MARINAS WHICH WAS PRESENTED TO THE COMMISSION ON THIS SAME DATE; FURTHER DIRECTING THE CITY MANAGER TO PROPERLY STUDY THE FULL SPECTRUM OF MARINA CHARGES, AGAIN, ESPECIALLY IN CONNECTION WITH LIVE-ABOARDS AND THE PROPOSED ELECTRIC USE RATES; FURTHER DIRECTING THE CITY MANAGER TO LOOK INTO THE POSSIBILITY OF USING THE CITY OF 14IAI-11 MARINAS AS DAY MARINAS ONLY; AND FINALLY STIPULATING THAT THIS ISSUE, ONCE IT HAS BEEN BEFORE THE WATERFRONT BOARD, THE USERS, AND ALL THOSE INTERESTED, THAT IT BE BROUGHT BAr-K BEFORE THE CITY CQ1-',ijISSION WITH THE MANAGER'S RECOMMENDATION IN ORDER THAT THE COMMISSION MICHT THEN DETERMINE IF THERE SHOULD BE HELD A PUBLIC HEARING ON THIS ISSUE 126 SEP 2 41981 0 1:1 commissioner Lacasa, the moti Upon being seconded by commissioneron was�t : and adopted by the following vote: AYES: Commissi.oner Armando Lacasa Vice-tlayor (Rev.) Theodore B.. Gibson Mayor Maurice A, Ferre NOES: Commissioner J. L. Plummer, Jr. ABg T: Commissioner Joe Carollo FOLLOWING ROLL CALL: Mayor, let me make this observation. `Jthe man who en all the Father Gibson: Mr. May ' entleman, gentlemen, heat Baas going, and I think that g Mr. Roth, when all and the man in front of you, up and I begged and sr.e before Mr. g about this dock, I took it. I g the heat was going I begged. Do You remember that, Mr, Mayor? Mayor Ferre: Sure do. ht that the people who lived or used the dock Father Gibson: And I thong and would realize what would have come together and learned to reason, was being said. Same argument. You aren't paying no taxes for school and our children are going to school and all the other iieineDo•yo Everybody y Father, okay. Give us some respite. 1. 2, 3, the swore at that time, Or don't you all remember? You don't remember• the one thing that. , Right You know, I'll make third man down. You don't remember. g in private, you'll discover about me that if you tell it to me you acknowledge it in public if need be. Okay? I came before this we Commission and you were in the number. We were inch the elide. And do you pled with the Commission and the Commissinlet y not seen a group of know what I regret to say? That man, justdon't want to carry their share people who consistently and persthisntoyyou. I hope, I hope you all of the load. And I want to say t to You - mayor. hope you do. All right, Mr. understand what's about to happen Mayor. Is Mayor Ferre : The Manager has requested that we take up 6 , 9 and 12. there any problem with 6? in but we're short on time, i Mr. Plummer: Mr. Mayor, excuse me. I was hoping of the marinas would be able to comment tha t Mr. Roth who has done a study on that article that we read n the aper about the financial condition interesting comments to make. Mr. s p on the because I think ohs has some very thing maybe if it's p You could stick around because that engineering y you withdraw' the agenda for later on. Excuse me. Did for the... Mr. Sorg: Mr. Mayor, that was 6(a). I apologize. Mayor Ferre: Fred, if I have time when we get through all this long agenda that we have, I will recognize you• Mr. plummet: I would hope, Mr. Manger, that you would schedule Mr. Roth rance on the 7th of October if he could come back. for a personal appea Mayor Ferre: That's fine. You always have that right. .. . ..... . ISEP r V 43. FIRST AND SECOND READING ORDINANCE: CAS APPRAAREA ISALS SWFOREST THE FACILITY going to take up 6(a). This is first and :Mayor Ferre: All right, we a $ g inthe amount of $40,000. Appropriation Ordinance. r Isecond reading, the City's Capital Improvement .)Amend... this has to do with the capital parking... /Mr. Plummer: Roger, is this repayable back from the bonds? y Mr. Gary: sir. Mr. Plummer: No, I want Roger to say that. , this is money that the City is advancing, and the ,Mr. Carlton: Sir, decision if the City issues bonds, or ability to repay could be a city the are our bonds. it could be Off -Street Parking y Mr. Plu mmer: But in othwords, the City is advancing this money but it':8 er going to re repaybable from when the bonds are sold. Mr. Carlton: Yes. Mr. Plummer: Okay. I'll move 6(a). Mayor Ferre: Plummer moves 6(a). Father Gibson: Second, Mayor Fer re: We need a fourth vote here. Mr. Lacasa, Armando. All right. call the roll. AN ORDINANCE ENTITLED AN ORDINANCE NO. 9199 ORDINANCE AMENDING SECTION 1 OpROPRIATIONS ORDINANCE THE CITY'S CAPITAL IMPROVEMENT AP FOR FISCAL YEAR 1980-81; AS AMENDED, BY INCREASING THE .' APPROPRIATION FOR SUBSECTION XV, PARKING CAPITAL PROJECTS FUND, (ITEM C.1.) IN THE AMOUNT OF $40,000 FROM A LOAN FROM THE CAPITA RRANCHIISSENRE ENUES FOR 1981 FLORIDA POWER AND A WEST PARKING FACILITY; LAND APPRAISALS FOR TSEVEHE CORE ARE CONTAINING A REPEALER PROVI5EQtiIREMENT OFLREADING RE TH CLAUSE; AND DISPENSING WITH �$ SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COT4�lISSION !.` 'Ias introduced by Commissioner Plummer and s�caohd(f)bofCth�eiCityner Gibson, for adoption pursuant to Section 4, re ading same on two separate irement of reading Charter dispensing with the requ four -fifths of the members of the days by a vote of not less than Commission AYES: CommissioneArmandolummers Jr. Lacasa Commissioner, R. Gibson Vice -Mayor (Rev.) Theodore Mayor Maurice A. Ferre a� NOES: None ABSENT: Commissioner Joe Carollo (GONTIN ON NEXT PAGE) 128 %Fp ? 41981 4 r and Whereupon the commission on motion adoatedosaid�ordinance bvissioner utherfollowinta seconded by Commissioner Gibson. vote: AYES: Commissioner J. L. Plummer. Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre, NOES: None ABSENT: Commissioner Joe Carollo SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9319 The City Attorney read the ordinance into the public record and announted that copies were available to the members of the City Commission and copies were available to the public. LJ 1-! 44. APPROVE IN PRINCIPLE: INTERIM PARKING PLAN 1981-1985 CENTRAL MIAMI FLORIDA Mayor Ferre: Alright, the next one is Item 9, which is an interim parking plan that we put off last around, Barton Aschman. Plummer, you got problems with that one? Mr. Plummer: You better believe I got problems with that one. Mayor Ferre: Alright, let's hear from the Administration. s Mr. Plummer: Because I'm going to filibuster this one. Mayor Ferre: Well, don't filibuster too, much. Mr. Plummer: Hey, the domino theory is dominoing. And there is'nothing =more permanent around City Hall than something temporary. Mayor Ferre: All it takes is three votes to stop the filibuster and if we can... _ let's see if we can get through this in.the next fifteen or twenty minutes. Go ahead. Mr. McManus: Mr. Mayor and members of the Commission, this has been before you, I believe in July and again in another meeting... Mayor Ferre: Not quite the same way. This has not been before us in July because this is now a professional study done by Barton Aschman which is quite different with all due respects to a recommendation by the staff of the DDA or staff of the City and so this has really not been before us quite this way. Mr. Plummer: Well, but Mr. Mayor--- excuse me--- I want the people from the bonding firm... you know, this property was purchased with bonds and I have some serious questions to ask before this matter is resolved as to the bonds s being sold under what pretense and this thing being used as parking, because I don't think that, that has any resemblance to how the bonds were sold. You know, we use the band shell, we creeped a little farther, we are now up to the library. Now, we are up to property we paid a million dollars an acre for. You know, I have heard.... Well, I'm just saying that I don't think under the bond issues and in which the bonds were sold that this batter can be used for a parking lot. Mr. Gary: It's my impression that if it's on a temporary use and not on a permanent use... Mr. Plummer: Don't ,give me this temporary crap. How long is temporary? Twenty years? Mr. Gary: Half of thQt-. Mr. Plummer: I ain't buying that either. I want a letter from bond counsel _ saying that this matter does not jeopardize the bonds, because in no way shape or form was this sold to the public as a parking lot. The world's most expensive. Now, we have condos proposed. We have stables proposed. We have had K-9 proposed. Mayor Ferre: Let me as you are looking for legal answers and all kinds of=_ answers on this state that those bonds when they were sold for the purpose of buying that land to be used for the best public-: purpose. It did not define the public purpose. It did not say that it was going to be used for one thing or another. 'There have been many things discussed there. one thing that's been discussed is a performing arts centers. Another thing that's been discussed is a... there has even been a stadium discussed there, God forbid, but that might be the next thing that Mr. McMullin trught have the artist at the Herald superimpose over a piece of property. Maybe that big thing in Rustralia, I don't know. All kinds of proposals have come up on that. I think that the use of that property temporarily or even permanently, even though it's not 130 SEP 2 41981 going to be permanent as a parking lot is certainly a public purpose and I don't think there is any question legally, but that's something that you are going to have define. But I will tell you this, there are an awful lot of people in Downtown Miami that desperately need relief in parking. Don't take it from me. I want Emilio Calleja to come up on the record and tell us the... you know, I saw Tony Alons�-) here this morning. You know what he told me? He said we are not ,'c'rricd atx»it crime, that was last years Nissue. There is only one problem we are worried about and that's parking. Mr. Plummer: Well., that's fine Mr. PBayor and I think that's what we should be doing, but not: taking the easy way out. And this is the easy way out because we already have it in ownership. 110w,... Mayor Ferre: A easy way, hard way, any way. We don't have... Mr. Plummer: Mr. Mayor, let me tell you something, this has come forth... what sen to be represented as needing for the public purpose? parcels have been cho You are talking about Bicentennial Park, the other one was Watson Isid you know, insignificant properties. Garbage dumps. Mr. Mayor, I have saaid before _ and nobody wants to pursue. In the days of the Orange Bowl in which we have spaces it didn't go over at that time, because you twenty-two hundred parking weren't paying five and six and seven dollars a day for parking, but I do believe ree parking at the Orange Bowl for twenty-two hundred today that if you offered f cars and a tram service for a buck round trip it would be used. It's worth experimenting with. And as far as I'm concerned the only useful purpose that this two year interim parking would serve is to stop some damn outlandish idea from being put there. For two years I would be rested that nothing else could be put there. This even has the audacity that we are going to pay for it, but the off -Street Parking Authority is going to get the revenue. Now, what kind of a deal is that? You are saying no. Who is going to pay for it? Mr. Roger Carlton: We are sharing in the front end cost and if there are net proceed we snare in those. We make no money until we split it fifty/fifty. Mr. Plummer: Well, you see, I'm telling you... How many acres are you proposing to use? Mr. Carlton: There is no initial fee. What we are going to do if this is approved... Mr. Plummer: Wait a minute, you are asking... Oh, go ahead, I'm sorry. Mr. Carlton: If this is approved by the Commission today the department and your staff will sit down and try to negotiate a phase development so that we will start with a reasonable number of spaces, see how the market is, if we ineed more we will build more until... _ Mr. Plummer: You mean, there is no bottom line? Mr. Carlton: When you say that you mean the proposed profit? t Mr. Plummer: It means that you all can just keep expanding and expanding and expanding, whatever the need is? Mr. Carlton: No, sir. The maximum the entire lot could hold if it was all developed tomorrow would be about seventeen hundred fifty spaces. Mr. Plummer: Well, alright, are you saying that if you are asking us for per tonight, that this is unlimited to the point that you could utilize almost all of the park? Mr. Carlton: It's my assumption that the staff will bring back to you within two weeks an agreement to approve that has the exact details. Mr. Plummer: Under this phase I how many parking spaces are you talking about? Thirteen hundred, but 1,e is saying the whole thing would only be a matter of seventeen. Mr. Reid: What Mr. Carlton is suggesting that it is reasonable to phase in the spaces that would be available to the public. 131 i rp .r,9 U U Mr. Plummer: Not from a transportation... a cost production it wouldn't be. Mr. Reid: From the point of view of not providing spaces in advancWe f the an demand being certain that it's there. We foresee and this is why e an illustrative proforma attached to the... to your information the lot typically having about thirteen hundred spaces and yielding to the City and the off -Street Parking Authority a surplus in the neighborhood of three hundred thousand dollars, but we don't want to, Mr. Commissioner, in effect, establish it over night, it wants to be phased in in increments. But when you talk about size we are talking about a lot that would have about thirteen hundred spaces. mt. Plummer: What's the cost proposed for thirteen hundred spaces? Mr. Reid: The cost in terms of the charge for cars, is that what you are interested in? or development cost. Mr. Plummer: How much is it going to cost to open up this grandiose parking lot? Mr. Reid: Mr. Carlton will have to speak to that question. Mr. Carlton: Sir, if thirteen hundred spaces were built right in the beginning it would cost on the neighborhood of about three to four hundred dollars per space for the very minimum level of development. That's a grading and minimum lining. It's not... Mr. Plummer: Well, you can't do that under the City's ordinances. Mr. Carlton: Well, that's the second part of this that we would be asking for a variance. Mr. Plummer: You are asking to eliminate the requirement that we require of everyone else? Mr. Carlton: Sir, this is all defined in the memorandum. It's all explained in there. Mr. Plummer: Yes, I know that. But I want it on the record. Mr. Reid: The answer, Commissioner Plummer, is that in this interim parking lot which is only to be in Downtown until we have a Downtown people mover operating or Downtown part of Metrorail is we want to Keep the front ena cost as low as possible, yes. Yes, we want to establish minimum standards for this interim lot so that it can be available to the public at low cost. The fact of the matter is when we get development in the blooks on Dupont Plaza, we are going to have a much worst parking problem. So we are talking about approval of an approach in concept. It comes back to you with respect to detail for a lot on the F.E.C. tract that would meet minimum standards and would meet a great need of the City with respect to parking, number one. Number two, we ought to face the fact that we have no development dollars for that F.E.C. tract. If we acquired it tomorrow, we have no budgeted money to turn it into a facility that the park could use. So, it's certainly not unreasonable to use this opportunity to get some revenues to develop that park site. Mr. Carollo: Mr. Gary? Mr. Gary: Yes, sir. Mr. Carollo: Do I have a commitment from you, sir, that as long as you are the City Manager, you will not try to work out a deal to get condominiums in there? Mr. Gary: Professional ethics say that I won't do that. Mr. Carollo: I cannot hear you, sir. Mr. Gary: Professional ethics say that I would not do that. Mr. Carollo: Professional ethics says you would not do that? tk� e Mr. Gary: And the answer is, yes. Mr. Carollo: Ok, well, that makes me feel a lot better, 132 8EP 2 41981 Mr. Emilio Calleja: Mr. Plummer, can I direct my7elf to you? My name is Emilio Calleja, I'm with the Downtown Business Association. While all Of this is going on and it's been going on for years now and this is the only problem that we have ever had with you. You know how hard it ou knowsto whatc'stpeople to stay happening- hen working Downtown with the parking problem. Do y banks can't get employees? When retailers can't get hwomen to vrunch or Downg gettinworse Who can afford five, six bucks a clay for parking. defeated we colive tthat. and everytime we come here._. tgatson island was good and it was The band shell �'as defeated, liege comes something that looks recommended by your study paid for through CD funds. All we are saying is to let's look at the study. They are did look hreeawhich isrange whatBowl. wantThey to looklooked ata,L We theF.E.C.. Their recommendation.s want to look at restriping, car pool and van pool and the use of the F.E.C. Property for a two year basis to give us some relief. That's all we are saying. We are not asking for anything new. Mr. Lacasa: lmilio, it's not the people that won't go to work at the retail it is the customers that won't go there. We, my law stores or at the bank. e our clients refuse to continue going office is moving to the Gables becaus Downtown Miami because they don't have where to park and it's a nightmare. And it is useless what we do in Downtown unless we solve the parking problem and of all the alternatives that has been discussed so far, I think hnature atthis is the best, much better by far than Watson Island. Much better by of the location of the property. I wasn't sold on Watson Island much '+et*.er than the orange Bowl alternative which was quite a way from Downtown. There are some places in Downtown that people are parking at this particular property can walk to from the property without the need for anything else. Mr. Plummer: Mr. Mayor, I'm finished. Mr. Lacasa: I am willing to make a motion. Mr. Plummer: I'm finished and so is the F.E.C. Property. Mayor Ferre: Ok, let's go. Who is going to make the motion? Mr. Plummer: I will make a motion to deny. Mayor Ferre: Let's see if you get a second and keep it interesting. Are you going to second? Mr. Carollo: No, I was going to suggest that you kind of hurry up with this. Mayor Ferre: Well, we are going to hurry up right now. Is there a second? Having not heard the second, then I recognize the next motion. �tt Mr. Lacasa: Move to approve. f ? Is there second? approval, is there a second Mayor Ferre: Lacasa moves can get this ofgettingit on the record so we I will second it for the purposes thing one way or the. other on or o• Rev. Gibson: Is there discussion? I find nothing in the resolution in reference to the Mr. Plummer: Excuse me, variance. it this is beginning ofap complicatedprocess alicated Mayor Ferre: As I understand hat was approving - which is... my motion is a resolution it is a general guidetoicpd debluhion. given to us by Barton Aschman and it says as ccrnpletior, for all It accepts the report by the consultant it does then, it directs the ld4nager to appoint a Downtown blab, blab. And what er can you believe tTiat--` Ghuthoritynd ,rorna ttheMusegcf Interim Parking Task Force--- Off -Street Parking to prepare a use agreement with the Property. ljow, between now and then, let ma tell you what you the former F.E.C. tile land. the land, o �4°e got to c don't hc.ve o have. Number one, we still Ilegotiate. t has to be appointed and they have got to neg Number two, a task force of f-Street Parking Authority and 1 it:chell%J" if �I�Gr,dwho Le Number three, the then his I have ever Ine t in IS1) life: 11z's to al1 Y most conservative Inan it, then they got to ccx1je back here and tell us how they Board has to approve finance it and I guarantee you, you are talking about six months are going to I would hope that it could be done sooner than that. Let's get on to a year. 133 --.. "Is C with this gentlemen. What else we got? per, Plummer: Call the roll. C s DIO. Re Gibson: Rev. ( Mr. Carollo: Yes, I got one more question, )Ytiefly. }3t Rev. Gibson: Alright. thing I want to be assured of that by the time we get Mr. Carollo: The only year, that before done with all of this in the next six, eight, nine uometconcrete estimates of you all come back to this Commission again we get what it's a back to cost us for the initial phase of this. If we are going to put five hundred spaces or a thousand or whatever it is... pay for it and how it's going to be paid for. Mayor Ferre: And who is going to sphalt would be better. .And don't use the word "concrete" please. A Rev. Gibson: Alright, call the roll, please -conditions inserted by Commissioner Mayor Ferre: And I will stipulatemotion. Carollo are part and parcel of my The following resolution was introduced by Commissioner Lacasa, who` moved its adoption: RESOLUTION NO. 81-806 A RESOLUTION APPROVING, IN PRINCIPLE► THE ft REPORT "INTERIM PARKING PLAN 1981-1985 CENTRAL MIAMI FLORIDA" PREPARED BY BARYON ASCHMAN ASSOiIATES, INC. JULY 1981 AS A ; GENERAL GUIDE FOR IMPLEMENTATION; ACCEPTING THE REPORT BY THE CONSULTANT AS COMPLETION r; r ' OF ALL SERVICES RENDERED PER CONTRACT, DIRECTING THE CITY MANAGER TO APPOINT A ; DOWNTOWN INTERIM PARKING TASK FORCE AND DIRECTING THE MANAGER TO PREPARE A USE Cfiswj. STREET PARKING AU AGREEMENT WITH THETH E- OF FORMER FPROPERTY R ITY FOR THE USE OF � AS AN INTERIM INTERCEPT LOT FOR A MINIMUM OF TWO YEARS OR UNTIL THE DOWNTOWN COMPONENT OF IN J METRORAIL COMMENCES OPERATION OVALLY, 1984 SUBJECT TO CITY COMMISSION (Here follows body of resolution, omitted here and on file Clerk). ` in the Office of the City Upon being seconded by Commissioner Ferre, the resolution was passed and adopted by the following vote: ; AYES: Mr. I,acasa, Mr. Carollo and Mayor Ferre. NOES: Mr. Plummer and Vice -Mayor Gibson. t �.�� ABSENT: None. ys,,e i sit v i + iti 'f v 3 E�sh`+ t } ti §° _ - 7 + S t t ii- f �' ; L Y c t N .t 7 4 � x1•6 T d,j3: t ,F.fr x,�tA + ti � I � ¢+7 :da s � t+Ti t t ��F t.,i 'ft�»1 { i ar a i +" ,ra . i . T prat" tz' "! i P ;� Sc ! a a i •' SEP e 1q�Q1 13 DIO. Re Gibson: Rev. ( Mr. Carollo: Yes, I got one more question, )Ytiefly. }3t Rev. Gibson: Alright. thing I want to be assured of that by the time we get Mr. Carollo: The only year, that before done with all of this in the next six, eight, nine uometconcrete estimates of you all come back to this Commission again we get what it's a back to cost us for the initial phase of this. If we are going to put five hundred spaces or a thousand or whatever it is... pay for it and how it's going to be paid for. Mayor Ferre: And who is going to sphalt would be better. .And don't use the word "concrete" please. A Rev. Gibson: Alright, call the roll, please -conditions inserted by Commissioner Mayor Ferre: And I will stipulatemotion. Carollo are part and parcel of my The following resolution was introduced by Commissioner Lacasa, who` moved its adoption: RESOLUTION NO. 81-806 A RESOLUTION APPROVING, IN PRINCIPLE► THE ft REPORT "INTERIM PARKING PLAN 1981-1985 CENTRAL MIAMI FLORIDA" PREPARED BY BARYON ASCHMAN ASSOiIATES, INC. JULY 1981 AS A ; GENERAL GUIDE FOR IMPLEMENTATION; ACCEPTING THE REPORT BY THE CONSULTANT AS COMPLETION r; r ' OF ALL SERVICES RENDERED PER CONTRACT, DIRECTING THE CITY MANAGER TO APPOINT A ; DOWNTOWN INTERIM PARKING TASK FORCE AND DIRECTING THE MANAGER TO PREPARE A USE Cfiswj. STREET PARKING AU AGREEMENT WITH THETH E- OF FORMER FPROPERTY R ITY FOR THE USE OF � AS AN INTERIM INTERCEPT LOT FOR A MINIMUM OF TWO YEARS OR UNTIL THE DOWNTOWN COMPONENT OF IN J METRORAIL COMMENCES OPERATION OVALLY, 1984 SUBJECT TO CITY COMMISSION (Here follows body of resolution, omitted here and on file Clerk). ` in the Office of the City Upon being seconded by Commissioner Ferre, the resolution was passed and adopted by the following vote: ; AYES: Mr. I,acasa, Mr. Carollo and Mayor Ferre. NOES: Mr. Plummer and Vice -Mayor Gibson. t �.�� ABSENT: None. ys,,e i sit v i + iti 'f v 3 E�sh`+ t } ti §° _ - 7 + S t t ii- f �' ; L Y c t N .t 7 4 � x1•6 T d,j3: t ,F.fr x,�tA + ti � I � ¢+7 :da s � t+Ti t t ��F t.,i 'ft�»1 { i ar a i +" ,ra . i . T prat" tz' "! i P ;� Sc ! a a i •' SEP e 1q�Q1 13 a - W a 5. EXECUTE AGREEMENT: RUSSELL, MARTINEZ AND HOLT ARCHITECTS INC. CONCEPTUAL DESIGN OF MIAMI DESIGN PLAZA 2is this a problem? Authorizing the Manager to execute Mayor Ferre: Alright. 1, rchitects for an agreement with Russell, Martinez and Holt aroblem with that? conceptual design studies in the Miami Design Plaza. Any p Plummer, you got any problem with that one? Plummer moves, Lacasa seconds, further discussion, call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-807 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, �ICHBHASNTIALLY TH BEEN NE NEGOTIATED FORM ATTACHED HERETO, INC., WITH RUSSELL, MARTINEZ & HOLT ARCHITECTS, FOR FEASIBILITY AND CONCEPTUAL DESIGN STUDIES IN THE MIAMI DESIGN PLAZA, BOUNDED ON THE EAST BY BISCAYNE BOULEVARD, ON THE WEST BY NW 1ST AVENUE., ON THE NORTH BY 42ND STREET AND ON THE SOUTH BY 36TH STREET; USING PREVIOUSLY ALLOE GATED FUNDPITAL PROJECTSS IN THE TFUND $TO/COVE R THE COST PARKING CA OF SAID WORK. of resolution, omitted here and on (Here follows body file in the Office of the City Clerk). upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: Commissioner Joe Carollo ASS: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor Theodore R. Gibson2,F. Mayor Maurice A. Ferre NOES: None. 46. GRANT REQUEST "PRO -ARTS GRATELLI: FUNDING N.T.E. $1,600.00 STAGING OF SPANISH VERSION OF TAMING OF THE SHREP1' Mayor Ferre: What number is this Mr. Manager? What? (COMMENT INAUDIBLE). Mayor Ferre: Well, fine, what is it? Mr. Plummer: We don't have supplemental agendas anymore. There are no supplemental agendas. Festiv Mr. Lacasa: This item was here before. Some people were referred to`1iedictional Committee. It happens that the Festival Committee did not have any j over them because actually, they are not festival and they were referred back to us. 135 0 C Mr. Plummer: Well, they have got to be scheduled for a hearing. _ Mayor Ferre: Yes, but... Mr. Manager, these poor people sat here for about seven or eight hours last time and then after making them wait all night... It's not scheduled. Mr. Plummer: Give me something so I can see what they are talking about. Mayor Ferre: What? Mr. Gary: We didn't ask them to come. Mayor Ferre: What? Mr. Gary: We didn't ask them to. They didn't ask to come. Mayor Ferre: No, I know that, but these people have this festival that's coming up. I mean, this theatre thing. Wait a moment. They sat here for eight hours or so last time... let me finish. Mr. Plummer: But tell me the name. That's all I'm asking. Mayor Ferre: The name of it is Pro-Arte-Grateli, which is the largest music and dance ensemble in Little Havana. They are a very, very large and very successful and they have received hundreds of thousands of dollars from the National Endowment for the Arts and so on. Alright, now, they have a performance which is coming up very soon and they came here and asked for funding last time. They sat here for eight hours and I finally recognized them. One of you said send them to the Festival Committee, they went to the Festival Committee... It's not a festival. (COMMENT INAUDIBLE). Mayor Ferre- So they have no jurisdiction over it. The Manager was also instructed if you will recall at that: yes, sir--- hearing to look into this matter and report back. Now, the thing comes up in a couple of days. When is your theatre thing? What day? UNIDENTIFIED SPEAKER: September 26th in the Dade County Auditorium. ® Mayor Ferre: 26th of September. You know, what do you want these people to do. They sat here all afternoon. Now, they thought since we told them to come back and the Manager would have a report, they have been sitting here waiting for the report. They don't know what's on the agenda and what isn't. UNIDENTIFIED SPEAKER: May I explain something? Mayor Ferre: You may explain. —� Ms. Pili de la Rosa: Ok. Mr. Honorable Mayor Maurice Ferre and Commissioners of Miami. My name is Pili de la Rosa. I am the producer and one of the Directors of Pro-Arte-Grateli Society and we are working in Miami presenting and producing performance for thirteen years every month in the Dade County Auditorium. Mayor Ferre: For how many years? J Ms. Rosa: Thirteen years, every month in Dade County Auditorium. And now in co -production with Carusel. The producer is Enrigue Bethran. We are going to present "The taming of the shrew" from William Shakespeare in a Spanish version and you know all is very expensive .for ins and we are always presenting and maintaining our Spanish heritage and we are a non-profit and tax deductible society. We never ask for any help, but now we need it really. From our budget we are giving four hundred seats... four hundred tickets free to the students and senior citizens and really all is very, very expensive and we need the help. Mayor Ferre: I wish we had a lot of money to help you with. Our problem is that we are going to be aiopt.ing a budget in just a few minutes or a few hours or a few days that is going to be a very, very, very difficult budget. Pili, how much money are you requesting froth the government? LJ Mayor Ferre: Let me ask you a question. Have you gone... you know that there is an organization here called..i what's it called Plummet? Mr. Plummet: T.D.C. Mayor Ferre: The Tourist Development Council and they have whato fOUt riiiliO dollars to... of which... what? Mr. Plummer: Five. Mayor Ferre: Five million dollars. This City doesn't have that kind of money, but the County has five million dollars to... Have you gone before them? Ms. Rosa: Excuse me, I don't understand. Mayor Ferre: I'm going to say it in Spanish and then I will translate. (SPHAKS IN SPANISH). Ms. Rosa: We don't ask anything never. Never we ask nothing. ' Mayor Ferre: You have never asked, IkWow, but thehavproblem the is# they. Iat you know are coming here you are asking the City. • you, but I don't know how we can what we are going to do... I would love to help y help you. Ms. Rosa: Well, maybe any help, don't mind. Mayor Ferre: Armando, you make a motion and I will recognize you for... Ms. Rosa: We don't have nothing. Mayor Ferre: You see, it's criminal because, let me tell you what's criminal about this. These people got funding from Washington from the Council on the Arts, didn't you? Ms. Rosa: The National Endowment. Mayor Ferre: The National Endowment for the Arts. How much did you get last year? ® Ms. Rosa: Well, you know, now... No, no, not now. Last year or the year before last. Mayor Ferre: We have from the National Endowment for th e Arts, are ... maybe Ms. Rosa: t have have any help, but now we don nothinghere nine years ago we 1 Mayor Ferre: How much did you say you got? Ms. Rosa: In this occasion? Mayor Ferre: Yes, Ma'am..* Ms. Rosa: Was... - Mayor Ferre: Ninety thousand dollars you got? x ny� 0 Ms. Rosa: No, I think that was three thousand.Y� Mayor Ferre: From the Federal Government. Ms. Rosa: Yes, during three years. Mt „ _ Mayor Ferre: No, you got much more than that. Mr. Gary: Four thousand, four thousand they got. e thousand. Alright. Well, anyway, these people do a magnificent Mayor Ferre: Four job and I feel awfully sorry that you know, here we have... we are going to be funding Sugar Cane Conferences and the orange -Blossom Classic for twenty-one thousand dollars and you know... and the Kiwanis of Little Havana, 8th Street and what have you. Now, I don't know what to do. 137 are Lacasa: We have sponsored other activities similar to this andwe want to have if we do not promote to this we going to have a city like the one ere type of activity. I move... we cannot grant the ten thousand dollars, tohmove is no question that we are living in different times, but I am g that we do grant them five thousand dollars. Mr. Gary: Excuse me, Mr. Mayor? Mayor Ferre: Yes, sir. The original request that they asked us for was four thousand► then Mr. Gary: came up with a final figure of they asked for twenty-four hundred and then they ou know, thirty-two hundred, you know and if you are going to give something, y asked for. give them the thirty-two hundred dollars. That's what they originally Mr. Lacasa: Ok, that's what I move. Mayor Ferre: Alright, does anyone want to second that? Mr. Carollo: Mr. Mayor, I will tell you what I will be willing to second at this be willing to second half of that figure they asked for point and time. I willde County and they can't get it from Dade County and if after they try go to Da come back to us. t it Mayor Ferre: Ok, that's a wise solution. The thirty-two hundred dollars, wepwill give would be like this. They are asking for thirty - them half, which is eighteen hundred, that they request the other eighteen... Rev. Gibson: Sixteen. o to Metropolitan Dade Mayor Ferre: I'm sorry, sixteen hundred. That they turned down that then we would County for the other sixteen hundred and if they 9 table to the maker of give them the balance of sixteen hundred. Is that accep the motion? Alright, will you second it under those circumstances? Mr. Carollo: Second. Mayor Ferre: Alright, further d3,acussion? Alright, call the roll. The following motion was introduced by Commissioner Lacasa, who ® moved its adoption. MOTION NO. 61-806 A MOTION OF THE CITY COMMISSION GRANTING A REQUEST FOR FUNDING MADE BY PILI DE LA ROSA (FF�OM "PRO-ARTE GRATELLI") IN AN AMOUNT NOT TO EXCEED $1,600.00 IN CONNECTION WITH THE STAGING OF DE LA "THE TNAT TAMING OF THE SHREW"; FURTHER SUGGESTING TO MS. SHE GO BEFORE METROPOLITAN DADE COUNTY'S TDC (TOURIST DEVELOPMENT CORPORATION) TO REQUEST FUNDING FOR THE OTHER HALF OF THE ORIGINAL REQUEST; FURTHER DIRECTING THE CITY MANAGER TO GRANT THE FULL FULL ORIGINAL AMOUNT SHOULD THEIR REQUEST OF METRO PROVE UNSUCCESSFUL. Upon being seconded by Commissioner Carollo, and adopted by the following vote: the motion was passed FURTHER DISCUSSION: Mr. Carollo: Mr. Mayor, before we take up Item 23, if I could just expand a little more on the vote we just took. I think that we are going to have to make some guidelines. We are going to be facing some very crucial years ahead in our budget and we are definitely going to be short in dollars. Now, if this 138 sEP 2 e-11981 Commission is lookingand I not to tax the public anymore like I certainly hope we are, then what t-ie need to do is establish some toradodt ales think budgetWethave to = time to do it is later on tonight when we try P stop everytime that people cone to us no matter what good proposals they bring to EM us we have to stop giving out thousands and ttousan be s and down whenousandwe haves of lapproved Now, it's not going to be fair for this lady other people today, last meeting, meeting before, the meeting ing at nexttyear's ting ® before. So, I don't think that would have been fair, but loono in trouble, budget if we don't sit some guidelines now I think we are going be because we are going us nd andlthisnds of other one fifteen and the otherle come to us and soneotwenty going to want ten thousand to amount to you and the other one thirty and before you know it that's going llion dollars in our budget for next futureyear. Commi And know, probably close to a mi ssioner think it's going to be a lot easier on this Commission and any we might have here to set some ground rules now in ooingrto,,beaaelot leasier tos when ese it'people come before us. If we establish them that's it". It's no motion say "Look, this is what this Commission approve, could Mr. Mayor, I just hope that later on tonight we could come to some agreement as far as to what we are going to do in giving money out. Mr. Plummer: Well, but tonight... you see the problem is tonight you are not talking about Federal Revenue Sharing and that's where the crux is. Mayor Ferre: Well , J. L., I think l a has got a valid know, Point and that's something that we can talk about, hopefully, 47. AUTHORIZE SALE OF 5 SURPLUS GARBAGE TRUCKS To IT OF SAN SALVADOR, EL SALVADOR our Item was 23? Plummer, you want to move that? Is there Mayor Ferre: Now, Y any problem with Item 23? Joe, you have any problems with... _ Mr. Carollo: Let me see it, I don't believe so. Ma or Ferre: This is the sale of five surplus garbage trucks to the City of Y problems with th San Salvador, E1 Salvador. An Y (COMMENT OFF THE PUBLIC RECORD) Mayor Ferre: Is there a motion? Plummer, you want to move it? You want to second it Gibson? Alright, it's been moved and seconded, further discussion on Item 23, call the roll, please. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-809 A RESOLUTION AUTHORItZS RVICEAi3LETHE POSBy SALE EQUZPMENT TO OF CERTAIN NO -LONG WIT: 5 MOTOR VEHICLES AT A FIXED PRICE TO THE CITY OF SAN SALVIiDOR, EL SALVADO, WITH THE UNDERSTANDING THAT THE CITY OF SAN' SALVADOR _ a , WILL B'; RESPOI,QSIBLE FOR ALL SHIPPING AND TRANS- t PORTATION COSTS - (Here follows 2r_?y of resolution, omitted here and on file in the Office Of the City Clerk). being seconded by Conunissioner Gibson, the resolution was Upon b 9 p4ased and adopted by the following vote: rS2 a. 139 U A Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor Theodore R. Gibson Mayor Maurice A. Ferre 48. GRANT REQUEST OF JOSE MENDEZ FOR WAIVER OF USERS FEE AT MIAMI MARINE STADIUM - BASEBALL TOURNAMENT Mayor Ferre: Mr. Mendez. Alright, quickly, Mendez. What Item are you on? Mr. Jose Mendez: Mr. Mayor and Commissioners, contrary to what has been said before in my request to this Commission, what I'm going to try to do, I'm going to try and offer a solution in which in turn we will be reimbursing the City it, our request. And this is what we are proposing to do. Right now we are spending almost seven thousura dollars as the host committee for this delegation that are coming in to play this tournament, hopefully, at the Miami Stadium. What we are asking you is the exemption on first hand for the 26th and the 27th of the Miami Stadium. During both days, during both days contrary to what the ordinance say of the ten percent reimbursement, what we are proposing is to sell tickets at a minimum'price during those two days. We are hopeful that we will embrace a whole lot of people in the stadium and the total amount of those tickets regardless of the amount will go directly to the City of Miami. So, actually, I think that we are enhancing the activities of the City of Miami by doing this. As I said before the Committee already have engaged in the task of getting about seven thousand dollars to paid for other expenses, such as the hotel, meals and so on. Mayor Ferre: Mendez, what is it you want from the City? Mr. Mendez: The use of the 26th and the 27th of the Miami Stadium. Mayor Ferre: Alright, Mr. Odic, through you, Mr. Manager. Is there any conflict on those dates? They want to use the baseball stadium on 26th and the 27th. Mr. Carollo: For free right? Mayor Ferre: For free, that's what he is asking. Mr. Mendez: For free. Mr. Mendez: But hear me out, hear me out. Hear me out now, this is not a joke. T thinx I'm... you know, this is business. We are proposing to sell tickets on 26th and the 27th and whatever comes out of those tickets, even with the expenses will go solely to the City of Miami. Mayor Ferre: Ok. You are not going to be playing baseball on the team are you, Mendez? Mr. Mendez: Yes, this is baseball. Mayor Ferre: Are you going to be playing? Mr. Mendez: No, sir, I'm not a baseball player. I'm the organizer of the activity. Mayor Ferre: Is this... I only have one question? This is not a for profit operation? Mr. Mendez: No, sir. No, sir. This is a Committee of distinguished citizens in which I can name everyone to you, if you please. 140 : . SEP �, 1�01 Mayor Perre: Now, Mr. Manager, if the Commission does approve this, I would expect that you would put somebody involve to supervise this and to properly account for the funds so that, you know, we don't have any problems on that: Mr. Gary: Yes, sir. Mr. Mendenz: That's fine. Mayor Ferre: Alright, what's the will of this Commission? Mr. Lacasa: I move to approve. kr Mayor Ferre: Alright, there is a motion, is there a second? Mr. Carollo: Mr. Manager, how much is it going to cost us to turn the lights _ on in the stadium? Mr. Mendez: No, no, this is doing the day. Mr. Carollo: Ok, well, how much is it going to cost us for cleaning, having the proper authorities there to take care of it, etc.? Mr. Gary: My staff just told me that the estimated cost would be about . twenty-five hundred to three thousand dollars. Mr. Carollo: Twenty-five hundred to three thousand dollars. Mr. Gary: Yes, sir. . Mr. Carollo: How much money can you sell in tickets Jose? Mr. Mendez: I will hope that approximately on that amount or probably a little bit more. And as I said before, everything will go back to the City. Mayor Ferre: Well, let's be practical. The odds are that we... probably it's going to be money out of the City coffers. Now, I hope that it isn't twenty-five hundred dollars. It might end up being a thousand or less. It's cerainly not going to be more. Ok, we have to break very soon now, so what's the will of this Commission? Mr. Carollo: Can I make an amendment to the motion? Mayor Ferre: Go ahead. Mr. Carollo: You stated you could raise about that amount if not more. Can we at least hold them responsible for half of that if they don't raise it? You say you can raise it, if not more. So, half of this shouldn't be any problem. Mr. Mendez: Mr. Carollo, I think I have come to this Commission in good faith. I am saying to you... let me tell you... Mr. Carollo: Mr. Gary... Mr. Mendez: I am out of my own pocket, out of my own pocket I am sponsoring one of those youngsters to come to the City of Miami out of my own pocket. Mr. Carollo: Jose, I could appreciate that, you know, I think it's great what you are doing, but see I'm getting tired since I'm one of those fools that has to live inside of the City of Miami, I am getting tired of my taxes going up every year, my garbage bill going up every year., less services, less serve, less serve and more charges and we got to stop it somewhere. You know, we have to stop it somewhere. And this is what I was talking about before. What you are doing is fine, but see when we approve the new budget next year it's going to be a thousand avid one people like you th_: t are doing nice things, but they all want money from the City of Miami a-nd we can't afford it anymore. Mr. Mendez: Joe, as you look at: the Ludget and as you look at all the items that you have in front of you, you know the tremendous amount that we are expending in police protection and protection of this and protection of that, I assure you of one... 141 sEP`- 1981 C Mr. Carollo: And we need its We need more. Mr. Mendez: Fine, but I assure you of one thing that an investment in A youngster today is a sound investment in the future of this community. Mayor Ferre: ok, look, one way of the other... the man has made... Mr. Carollo: Look, what I have asked you is a simple question Jose. You say you can raise at least the three thousand or more, what I am asking is at least a commitment then that you would pay at least half of it. Mayor Ferre: Fifteen hundred dollars. Mr. Carollo: Fifteen hundred dollars. Mr. Mendez: I'm saying to you, Joe, and I'm telling you in good faith'that if you tie me to one dollar I am not in a position to say to you, yes. I am honestly not. One dollar. Mr. Carollo: Ok, T_`m not in a position to vote for it then. And I'm being frank with you. I can't vote for it that way then. Mayor Ferre: Look, Joe, let me, so that we don't have any questions on the record, we have a motion, you have my vote, but unless you have a third vote you don't have anything here. So, there is nothing that I can do. Alright,... Rev. Gibson: How much money is he going to get? Mayor Ferre: He is talking about... well, it could be three thousand. It could be two thousand. It could be fifteen hundred. And what Carollo is trying to do is limit it to fifteen hundred and I think it's a valid request, but the problem is that Mendez doesn't have the economic wherewithal to guarantee it personally. Mr. Lacasa: Let's see the nature of the expenses, Mr. Mayor. We know that the Manager says that it's about ---what?--- twenty-five hundred. what is the nature of the expenses? Is people that are in our payroll anyway that are going to be there functioning or it's money that the City is going to get out of it? Mr. Gary: These are people you have to bring on for special events. Even though they are on our payroll you have to bring them in for those special events because they aren't scheduled and remember those are enterprise -supporting. They have no ties to the funds that are supposed to be self general fund other than when they have a deficit. Mayor Ferre: Look, we are spending twenty minutes... we are going to have to meet in just a few minutes on the budget. We haven't broken for a break all day except for an hour for lunch. We need to have dinner. I mean, please let's get... one way or the other let's do this. Now, there is a motion, if you don't want to second it that's it. I'm going to call it one more time and then we are going to break. Rev. Gibson: The motion is for how much money? Mayor Ferre: The motion is that we give them for purposes of playing to baseball games the Miami Stadium for free for two days and that whatever monies they collect will be turned over to the City of Miami, whatever monies it is. That's the motion, is there a second? Is there a second. It's been seconded, further discussion, call the roll. r ON ROLL CALL: tt Mr. Carollo: No and I'm going to say no, because if the man stated he could i; raise at least three thousand dollars I think it's only fair that we get a minimum commitment. Mayor Ferre: I understand that, but I think that this is a reasonable request ii and I vote with the motion. - 142 SEP 2441981 W C The following motion was introduced by Commissioner Lacasa, who Moved its adoption: MOTION NO. 81-810 A MOTION GRANTING A REQUEST MADE BY MR. JOSE MENDEZ FOR A WAIVER OF THE USER'S FEE AT THE MIAMI BASEBALL STADIUM IN CONNECTION WITH USE OF THEN FACILITY ON NOVEMBER 26, NOVEMBER 27, AND NOV-- 28, IN CONNECTION WI711 A BASEBALL TOURNAMENT INVOLVING A DELEGATION OF 50 PERSONS COMING FROM PUERTO RICO FOR SUCH AN EVENT; PROVIDED, HOWEVER, THAT ANY AND ALL PROCEEDS DERIVED FROM THE SALE OF TICKETS TO ENTER SUCH EVZTIT WILL GO TO THE CITY OF MIAMI IN ORDER TO OFFSET EXPENSES INCURRED BY THE CITY FOR USE OF THE FACILITY. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mr. Lacasa, Vice -Mayor Gibson and Mayor Ferre. NOES: Mr. Carollo. ABSENT: Mr. Plummer. WHEREUPON the City Commission recessed at 6:15 and reconvened at 7:35► with the following members of the Commission found to be present: Mr. Lacasas, Mr. Carollo, Mr. Plummer and Mayor Ferre. ABSENT: Vice -Mayor Gibson. 49. ESTABLISH POLICY IN CONCURRENC WITH THE CITY MANAGER REGARDING EDUCATIONAL STANDARDS & EXPERIENCE FOR THE DIRECTOR OF THE DEPARTMENT OF BUILDING AND ZONING INSPECTION. Mayor Ferre: ... unfinished piece of business which is going to affect the budget hearings and therefore, for us to be able to properly proceed must deal with that issue first and I am talking about the item that deals with the Building Department, which is a subject for discussion this morning and I think it's something that we have to see if we can conclude now. Now, Mr. Manager, Mr. City Attorney, would you tell us for the record, I asked that you look into two legal questions. One, was dealing with the specifications by the City of Miami Commission on minimum requirements for department head and whether or not as a policy matter this Caus,_ssivn can deal on that issue. The second question was whether or not we can establish that a certain department report directly to the City Manager. Obviously, the answer to the second one is yes, if it has the concurrence of the City Manager and perhaps what we might do is we might ask the City Manager how he feels about that issue and then it might be a moot point if he has an agreement. If he doesn't have an agreement they, you would have to give us a legal opinlon. But to the first question would you give us your legal opinion at this time? - Mr. Knox: Yes, sir. With respect to the question relating to the City Commission's power to establish specifications or qualifications for Department Directors, the Charter does not confer :quell a 1_,over upon the its will or opinion ` City Commission, but as always the C031LP11s51011 try express to the City s; generally in the f01Z11 of a 1110ti.on which proviacs policy guidance Manager, but is not legally binding upon hill,. V�itl, specific respect to the Building and Zoning Departs�ents as tl,ot was the departyc,ent ti,at Maus referred to earlier, tl;ere are miniu,um qualifications which appear ir. t.l;e South Florida Building Code. They refer specifically to the individual who is identified as the Chief building and Zoning Inspector and that individual must have certain professional qualification, but then there is no concurrent requirement �� SEP 2 -I �951 is the that the Chief Building and Zoning Inspector be the same person that Commission department head. A simple answer to the question is that the City qualifications does not appear to have any power to establish or to mandate specific posess titles of department heads and that is one of for those persons �fho the powers that is reserved to the City Manager to appoint and otherwise, supervise department heads- rha s in another way. For the... Mayor Ferre: well, l.et ine pose the question pe P there are technical 5ostsFwithin mtp e,CChiefity f of police, Fireami that uire ChieferCity Attorney. knowledge of experts require, even though I'm Now, hose are sensitive positions that, I think, sure it's not by law in the case of the POlYacticece erequire f or rcertain ,minimum d imagine that pru3cnce and good management p standards. Now, is there any -way that the City Commission could go on record legally in saying that for the position of Building Director, that the onal minimum requirements are that, that person, he or she, have a p rofdegree of Bachelor in Architecture or equivalent? Mr. does have a predominant pow Knox: Now, the Citer called the y Commission therefore Police power" and the City Commission esandmorals/ofhtheecitizenstand the guardians of the health, safety, welfare City Commission can express an expectation formally in the form of a resolution that those pers�ris who occupy these technically sophisticated wel important re and positions inthe name certainthe qualifications•of health, safety, morals shouldhave Mayor Ferre: Ok, then for the purposes of getting along with this, I would like to if someone would move it or I would be happy to move it otherwise, that the minimum standards for the Director of the... is that the title Howard? Building?... Mr. Gary: Director of Building and Zoning. of Building and Zoning have the equivalent of a bachelor Mayor Ferre: .• and a minimum of five in architecture or a bathat lnstivil engineering years experience to holdPo Mr. plummer: Experience in what? Mayor Ferre: In a related field. Rev. Gibson:. Mr. Mayor, let me ask you, was that a motion? Mayor Ferre: Well, I would be happy to make it if nobody else wishes to make that motion. lot of money getting it? is that what Rev. Gibson: Let me ask a question. We spent an awful a Department of Human Resources--- is that what you call we have? Mayor Ferre: Yes. Rev. Gibson: Well, wouldn't it be consistent if that's we whatuld we ei wish, mto have them develop say a prerequisite or maybe an investigation all over the Country and see if we have a similar thing, that is if they are set up as we are with a Building Department and all of that. All I'm trying to do is not have them comeaying that IawdntayouatorknowtI'm we became political in doing this. Now, y g unalterably opposed of having a man heading the Building Department who has and engineering. I think... you know, the no knowledge of architecture disciplines are of such that you... you know, you just don t... it's like cousins, you know a family and Man, ere y,disou are cip ringingha is}notosensi�tive. know a doggone thing about, y politely see to I agree with you. I just don't want us to... I m trying to i y it that the lliw an Resources... or let me do it this way• It would appear to me that we ought to be able to say to the kinnager or. the l,anager ought to... Mr. Manager, this affects your... ok. I'm going to wait until you all are through se there ain't going to be no doubt. It would �l,pear to nie that you have heard what we are saying and we are crystal clear. we don't, you know. You understand. So, it would appear li` har1terat lToz/bQnytliinge you need, it has to come from you to avoid disobeying the since we say we want a man who has a Bachelor's degree in architecture or engineering and a five year experience and if that will solve our. problem 144 SEP � Z I it will be very easy for you to offer it. And then, you know... Mayor Perre: Father, I just might, before the Manager goes on the record I just... Yes. All I want to say is that if we go into the question of individuals, then I think that it's a clear violation of the Charter and it would be political in nature. If we go into the realm of.... in other areas, then I think there would be a violation. However, all we are really doing here is setting minimum standards in a very important department and I don't think really and I'm going to ask the Manager whether he has any objections to this portion and we will take this one step at a time. Do you have any objections, Mr. Manager? Mr. Gary: ido, I have no problems with minimum standards. I think it should be noted that what exist today and anything that I have recommended has not... is nut in contradiction to that. Mayor Ferre: I'm not saying that it has. Mr. Gary: I'm just for the record. Mayor Ferre: I'm not saying that it has. I'm just saying that I think that that will clarify... I have had many architects that are--- some of them.are here in the room--- that have called me up and that have said "Look, I'm not really concerned about an individual. I'm not calling to protect one person or against another person. My concern is that we not have proper guidance at the top of that department. Now, that's not to speak in favor of or against a particular individual". And I think we need to give these people in this very important industry of the City of Miami comfort that' we in the City are not going to violate a professional principle. And I think nobody can object to that. Citizens, professional, anybody. So, I would like to... Having heard the Manager's statement on that, then I would like to... I would be happy to move it in that direction. I move you, sir that the City of Miami establish the policy with the concurrence of the Manager that in the post of Director of Building and Zoning that the minimum standard for that director be that he or she have a degree in architecture or civil engineering or the equivalent and a minimum of five years experience. No more, no less. Rev. Gibson: Alright, that's a motion, do I hear a second? Mr. Lacasa: I will second the motion. Rev. Gibson: Alright, you have heard the motion, is there any discussion? Alright, call the roll, please. The following motion was introduced by Commissioner Ferre, who moved its adoption. MOTION NO. 81-811 A MOTION OF THE CITY COMMISSION ESTABLISHING A POLICY, IN CONCURRENCE WITH THE CITY MANAGER, THAT IN CONNECTION WITH THE POSITION OF DIRECTOR OF THE DEPARTMENT OF BUILDING AND ZONING INSPECTION, THAT THE MINIMUM STA214_:�:_"DS WHICH HE/SHE SHALL BE REQUIRED TO HAVE ARE: 1. A DEGREE IN ARCHITECTURE OR CIVIL ENGINEERING (OR ITS EQUIVALENT); AND 2. A MINIMUM OF FIVE (5) YEARS OF EXPERIENCE IN ANY SUCH FIELDS. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. x. Commissioner (Rev.) Theodore R. Gibson � Vice-Mayor Armando Lacasa %`N FURTHER DISCUSSION: Rev. Gibson: Now, Mr. Mayor, let's shake sure we understand another thin§: I would hope that everybody understands that we don't plan or we don't intend to usurp the authority of the Manager based on the Charter by telling the Manager who the head of the department ought to be. Mayor Ferre: That's clearly understood. Rev. Gibson: And that we... that the Manager... let fie make sure we understand another thing based on you know, this kind of a government we have. It is nobody's business who the Manager instructs a head of the department to report to. Mayor Ferre: Well, Father, that's another subject and that's why these things are separate in nature. Rev. Gibson: Well, alright, I just want to make sure... let me say where I am. If the Manager... if you are using the Manager form of government and if the Manager is responsible, the Manager is responsible to us, the Commission to get a job done and the Manager must therefore, pick the man or the woman or the person that he or she thinks to be the most appropriate somebody. You know, the reason for that is, maybe I don't trust you. And in our church Man, I... just like this, the Bishop gets to the point he doesn't trust the Preacher, you know what he does? Ooh, we are not any different to even government. Mayor Ferre: Alright, the next subject, if I may, Howard when you were away from that chair and we started discussing this I said there were three subjects. We have already covered one. The next one deals with the subject as to who the Director of Building and Zoning reports to and before we ask the legal question, because I have a feeling I know what the answer is going to be, let me then ask you what your position is with that department reporting directly to the City Manager. Mr. Gary: If the question is whether I would have problems with that department reporting to the City Manager without relinquishing my authority A. to organize the City government, I have no problem with that. Mayor Ferre: Well, then I the... Mr. Knox, I guess we really have to get this on the record before we take the next step. is it within the prerogative of the City of Miami Commission to make a motion with the concurrence of the Manager--- now, watch--- that the Building Department report directly to the Manager with the concurrence of the Manager? Mr. Knox: I think that one of two things can happen under those circumstances. The Manager may voluntarily by that act relinquish any discretion that he may possess or the Manager may reserve his right to change his mind. Mayor Ferre: Well, he always has that right. Under the Charter he has the right to do that and what you are saying is that this Commission has no unilateral authority in and of and by itself •.o instruct the Manager how he arranges the department heads, is that correct? Mr. Knox: Yes, sir. Mayor Ferre: So, if there is a motion, the motion would be based on the concurrence of the Manager. There is no other legal way for us to do it, is that correct? Mr. Knox: That's correct, sir. Mayor Ferre: ok. Well, then in that... Well, under that basis then, I would like to make the following motion, Father. I move you, sir that the City of Miami Commission go on record with the City Manager, that it is our opinion that because of "lie magnitude of the activity of construction in the City of Miami, namely, where we have gone from a department that oversees thirty million dollars worth of construction to over three hundred million dollars worth of construction in the last ten years and whereas the construction activity of the City of Miami will be over a billion dollars, if not this coming year, certainly the next year with the construction that is now being planned. Tnerefore, because of the wagnitude slid 'che increased importance of that activity that it is the policy of this Conunissior-, with the concurrence and only with the concurrence of the City Manager as required by the Charter C . 1 that the Building Department Director report directly to the Mah&§6r, Anti t 130 move. Mr. Lacasa: Mr, Mayor, for the purpose of... Mr. Plummer: Wait a minute, that's a motion, are you seconding itl " Mr. Lacasa: That is a motion, sir... Rev. Gibson: Alright, do I hear a second? Mr. Lacasa: And what I am saying is what you have many tithes said, that for the purpose of... Rev. Gibson: Do I hear a second? a; Mr. Lacasa:... discussion I second the motion. Rev. Gibson: Alright. Mr. Lacasa: And now under discussion. I believe that what you say and what the motion means could solve the problem. However, it can only solve the problem under the circumstances if the City Manager concur and commits himself to keep it that way for this entire fiscal year. Other than that it will be just an indication of the will of the Commission which could or could not be accepted by the Manager or even if accepted at this particular point it could be changed thirty days from now, thus, getting us back where we are now. So, the only reason why I second this motion is to have it on the floor and give an opportunity to the Manager to work together with the City Commission, if the City Commission so decides that this is the way to go in the sense of the motion and I just leave it there for the time being. Mayor Ferre: Alright, Mr. Chairman? Rev. Gibson: Yes, sir. Mayor Ferre: I want to explain my intent in the next move. I will after --- if this motion passes--- under the expression that Commissioner Lacasa just made, I'm going to recognize Commissioner Plummer to move if he wishes what he said he would do this morning with regards to the budget and as I understood it, the question of fees and how that department has expanded. I would hope that if that motion passes and I'm goina to second it if nobody else seconds it, that we now have put this matter to rest and that we can go on in dealing with the budget. Now, we will have done what we can within the Charter and I would hope that we can now put this behind us and deal with the important issue, which is the budget that is before us. Rev. Gibson: Do I hear any further discussion? Mr. Lacasa: I believe that unless any other member of the City Commission wishes to express his opinion on this situation now we would like to hear, at least I would like to hear from the Manager to see if his position in relation to the motion made by the Mayor is in agreement to that motion, because if it is not, I, who seconded the motion am going to vote against it because I don't feel that it solves any problem. Rev. Gibson: Mr. Mayor, so I may speak. Mayor Ferre: No, you can speak with the gavel in .... Rev. Gibson: Alright, please understand... I want to make sure this public understands. I'm interested in procedure, ok? You need to know that I vote against even members of my family if it is a procedural matter. To ask the Manager to agree to concur with you before there is a rare situation is tantamount to two things, either putting a gun to his head or saying to him if you don't agree with what. I'u' now trying to pass you have a walking ticket. That's r;ot the way you run a goveriuncnt . fiat's riot the way you run a government and I would hope that tl-,e ltiember i of tl-,is co;wnl scion will. not result to that kind of a method and... that. sort of mEttioa. No, that Burt of procedure. It's not ethical. It`s r;ot ri,ht. It's not fair. 1 will tell you this, I don't know about you... you are a Mar;ager. I preach for a living. Ain't no way in the world no church vestry could tell me that if 1 concur: 147 SEP � 1�VA Im this is the way we are going► You know► and then if I don't concur, then that means I'm out. I don't think that... that bothers me. Mayor Ferre: Father? Mr. Lacasa: Mr. Mayor, excuse me, because I believe that Father's remarks were basically directly towards my own remarks. So, I want to clarify something, Father, just in case that I did not make myself clearly understood. I tun not putting any gun to the Manager's head and I am not telling the Manager that if he does not conc�xehmotionout. of theeonly Mayor,tifnitthat passes�the City Manager , Father, is that in the sense of h is to have the nuilding Department Director reporting directly to him, since the Charter gives to the Manager the authority to change his position, what I am asking the Manager to do is just to tell us in order not to have an exercise in futility eSeevery hesimply wantswtohconcur withhis on discretion his authority which I respect whether or not he wants to concur withvs Lthebeautiful. is totallydoesn't uselessthat is his authority I respect that, but Mayor Ferre: My position is this and I want to make it very clear. Mr. Manager, I want you to istIn think it isfor somethingsecond. thattis perhapsthis lover due direction for us to take. this because of the importance hope that this would city at this I'm juncture. I would hopeint sorry that some people might misinterpret ltWantdyourtonknow thateIYam voting isa situation. That s Y ntrnor the other, because with the proposed budget and millage tonight one way er of I do not think that we can potherwise.I Itaccept hisand rightgn1Butze athisbparticular this Commission taking a stand a threatening you personally, vote is not in anyway... I am not in anyway nor your job, nor the budget. I want it clearly understood that this I think is an avenue towards having a better operation because freclude theur magnitude ty of this operation. And again, it does not in anyway p over the individual or individuals involved, speaking which sto°thatlsubjecteundr Iur system of government and I am not in anyway don't want anybody to misinterpret or misunderstand. Rev. Gibson: Since I have been on the Commission, let's see Mel Reese was I do 't t Andrew was nertime°inGtheshistory while IHoward was here we everdirected here. I don't think at any the City Manager and asked him to give up his right as to who a department head should report to. Wait, I just want to make sure you all hear . Mrwhat Lacasa, I may be a fool, but I ain't that big a fool. I heard precisely you said. I would agree with you if there is some wrongs or some errors I could understand that. think thereeandought we wantaddress straighteneoutSaY But look buddy there are errors don't think... no, no, no,... Mayor Ferre: Father, if I may let me remind you of a process that occurred here. Mel Freese was the City Manager, you and I were sitting here, Paul Andrews came along, after the so called coffee bean opintone t i thelaCaivil Service procedure with Mr. Kouchalokos, it was my to change t},e process and that we had to create a department of... a personnel department. 11ow, in the beginning of that process, I mght remind we you that the Manager was opposed to those changes. Now, Subsequently management company and now Paul Andrews was the manager and that management company spent a lot of money and a lot of time and came back with some recommendations that indeed the Civil Service procedures s},ould be changed so that testing... the giving of tests and the keeping of records would now be transferred to a new department which would then; be known as the Human Resource Department. Now, I know there is a difference, because at that point the then city Manager concurred wit}, that reconlmendati.on and therefore, it was with his concurrence that we adopted that and it was on a three to two vote as you reme�r;ber, you and I voted with the majority, It was hotly debated. At tints we. almost lost it, but we carry it today and that became the standard for the City Of 1"ii '111. 1104:, even t},011g}, thls },a5 nCt followed that same identical pattern I t1lat woula�Euendoin�, ter ouldauGnL iljur �ithathis approach for all intents and p P n we did then. To wit we would be establishii,g a policy procedure where a department would change in its function, in this case it won't change in its function, but it would change how it reports to the Administration. 148 SE? 2 4.1981 .4 t Rev. Gibson: Let me say this and I'm not going to say anymore. If the Manager walked in here tonight and said to us, this is what I would like to see happen _ because of the situation that has developed. You know what I would say? Glory hallelujah. Mayor Ferre: Well, let's ask him. Rev. Gibson: No, no, no. No, no, no, no, not If you ask the Manager that... now, ? don't think he is a fool. If you ask the Manager that now and if the Manager didn't say what is anticipated that he ought to say, my Brother, I hope I don't have to say anymore. I believe there is nothing wrong with sett4.ng the qualifications for a man to hold a key position such as you have. I have no problem with that. I don't believe in having ignorance and dumbness around me, even if he is Black. But the point I make is, I don't have to worry about who he reports to, because I... if he reports... in this instance if the director reports to anybody else it finally gets to the Manager and if the problem does not change and doesn't solve itself the Manager has the right... he is in control. Mayor Ferre: He always has that right. Rev. Gibson: Well, but Mr. Mayor, that thing of... you know, I could tell you go to hell and I could say you heard me, you had better go to hell. That's a little different. Or I could say well, look, Man, you know if you do this all is well and then you will say if you don't do this all is not well. I'm not going to say anymore. I think everybody here is grown. I hope the public understands where I stand and I hope my fellow Commissioners understand where I stand. Mayor Ferre: Father, again, I am not... I'm talking for myself now. I am not saying if you don't do this, then. I realize that, that is not within my purview as a member of this Commission in this particular matter. Mr. Lacasa: Neither it is in mine. Neither am I addressing the question of personalities, just the matter of concept. So, Mr. Mayor, I would like then for the Manager, if he feels that is alright to tell us if he concurs with the sense of the motion and if he feels that he could live with it for the fiscal year. Mr. Gary: Mr. Mayor and members of the City Commission, as City Manager under no circumstance can I contract away my administrative authority to the citizens of Miami, just as I would not ask the City Commission to contract away its legislative authority. It's very difficult for you as the City Commission to give me the responsibility without the authority. Mayor Ferre: Alright, I call the question. Mr. Lacasa: Mr. Mayor, I would like to withdraw my second to the motion, because at this particular point I think that the motion is unfortunately useless and although I do concur with the sense of the motion, it's not going to be effective. So, I withdraw my second. Rev. Gibson: Alright., the second of the motion has been withdrawn. Mayor Ferre: I would remake the motion and ask that it be... that we understand the process involved and that this is a step hopefully, in the right direction. I so move the previous motion. Rev. Gibson: Alright, do I hear a second? One. Do I hear a second? Two. Do I hear a second? Alright, the motion dies for the lack of a second. Ok, yuu may have the gavel. Mayor Ferre: Plummer, I recognize you for the purposes of discussing the fee schedule. Mr. Plummer: Mr. Mayor, I have got from Budget anu Management those things that I spoke about this morning. I would like to... are there copies of this for the other members of the Commission? I'm not trying to... Mr. Mayor, I think that it would be appropriate that we increase the department by six building inspectors. This would be at a cost of two hundred thirty-one dollars.. two hundred thirty-one thousand nine hundred twenty-seven dollars and to offset that Mr. Mayor, it woi.Ad increase the fees to tha contractors and builders by 11%. I think it is in the right direction. I think it JURI SEP 2 4 1981 V' 7i: to provide the service to the... not only the contractors And the is necessary to all of the people of this community in which..: builders, but Mayor Ferre: Now, Plummer... Mr. plumer: Excuse me? I'm sorry, I thought you were finished. I was going to ask ,. Mayor Ferre; you a question. it will in fact address building inspections and things Mr. Plummer: Because of that nature. Mayor Ferre: Well, that's my question. i Mr. Plummer: Yes, sir. i You are talking about adding three Building Inspector i and Mayor Ferre: three Building Inspector II? Mr. Plummer: No, sir. I'm taking the top. Mayor Ferre: I'm sorry? Mr. Plummer: The top. Mayor Ferre: Oh, six Building Inspector I. Fx{ �I Mr. Plummer: Yes, sir. S ,> Mayor Ferre: Six building inspectors would be added. Mr. Plummer: Yes, sir. That is my motion. Mayor Ferre: That's the sense of your motion. �i i( Mr. Plummer: And like I say the cost would be offset by increase of fees of Mayor Ferre: Alright. The relationship that is established between the contractor or Mr. Lacasa: developer and the City of Miami at the time that the application is filed with the Building Department and the fee is paid is quasi contractual whereby the City of Miami oblige itself to provide certain relationship services to the developer or contractor or applicant in exchange for those this fees. I do not believe that the Building Department being at particular that exist _ time so heavy burdened with the tremendous degree of construction therefore, — in the City of Miami is able to cope with that responsibility and conun.issioner Plummer, 4 under those basis I would s..pport the proposition of standpoint of including the fee increase. However, that is from the manpower the , view, but from the Technical standpoint of view which is even worse, of a highly -: question remains at this particular point and that is the ability function under the supervision technical department as the Building Department to the _{ of another departn,cnt which does not have the capabilities of supervising highly technical Building Department. I�1 ot],er words, to make it very Clear and plain I don't believe that the relationship that has beer; established by '! having the fire fighterssupervising the Building Department creates the type of credibility atnon< thedevelopers, the private enterprise that warrants that we further tax them without giving the:, assurance that we can deliver. Mayor Ferre: Further discussions? Alright, call the roll. 150 - -` 0 MOTION NO. 81-812 A MOTION OF THE CITY COMMISSION INCREASING THE PERSONNEL WITHIN THE BUILDING AND ZONING INSPECTION DEPARTMENT BY SIX (6) BUILDING INSPECTORS I; FURTHER STIPULATING THAT IN ORDER TO OFFSET THE COST OF IMPLEMENTING THIS POLICY, THAT FEES TO CONTRACTORS AND BUILDERS SHALL BE INCREASED BY ELEVEN (11%) PERCENT. Upon being seconded by Commissioner Gibson, the motion was passed and adopted by the following vote: AYES: Mr. Plummer, Mr. Carollo, Vice -Mayor Gibson and Mayor Ferre. NOES: Mr. Lacasa. ABSENT: None. FURTHER DISCUSSION: Mayor Ferre: Alright, is there any other subject or any other matter dealing with the Building Department that comes before this Commission at this time? Anybody else have any other... Now, we are now going to get into the budget hearings. Those of you... there are many that are here on the Building Department. The subject is now closed. There will be no further discussion. Mr. Lacasa: Well, Mr. !,;ayor, there is a question here that could affect one of the... basically the situation why there has been so much concern and while the people are here... and even though the reason for this proposition that I have for the City Commission is not specifically addressed to this issue, it could however, collaterally affect it. And that is my proposition and you will find in your package material to this effect of creating the public safety department of the City of Miami, rather than creating... recreating the public safety department of the City of Miami. There is no question in anybody's mind that the City of Miami is going through a tremendous crisis on account of the increasing crime rate that we are experiencing. V-his City Commission has not only acknowledged that, but has gone out of its way to increase the City budget by five million dollars in order to in turn increase our police force from seven hundred forty, more or less, to one thousand. This however, might not prove to be enough. On top of the budgetary limitations that we do have, we have a time element involved in this. To -Increase our police force even with the five million dollars allocated to one thousand will take quite a few months, if not a year. In d.i.scussing this issue very recently with the Chief of Police, I think that he did agree with me that we won't see the police force going up to a thousand in effect by the end of the fiscal year 1982. Therefore, in looking for alternative solutions and in looking to provisions that have already existed in our City Charter, I would like to propose that the physical and human resources of the Police Department and the Fire Department be combined under the recreated public safety department that one existed in the City of Miami. Among other things this will give the City additional manpower and additional physical resources to help in the fight against crime. One of the major elements of this proposal will involve the utilization of the fire Department substations that are strategically located in the City of Miarni to also serve as police substations. I'm going to show you this chart. 'Phis chart is a map of tide City of xia.mi anti the orange dots that you see are the existing Fire Depart."gent substations. its you can see this distribution of fire stations has made the City of Miami able to provide to the citizens a reEpo►:se time of an average of three minutes or, any telephone call from any resident or ai'y 1}oirlt in the City of t ia111i. 'Alien we have a person that. fvl instance, Ilas a heart conoation ai,d }mows that eight or ten blocks on t1„� avel-6YL-, three 11111"lutes away on the average fro1L his home he has a rescue unit 01 the Fire De1=,6rt.1T1el't. 'y1lai- gjvc:. ::,G ( e comfort this particular person. The same thing goes if .,,e could slave a police substation manned by police also three minutes away from any resident in the City of Miami so the people can feel protected in their own homes. A thing that we are not doing at this particular time. Moreover it has been proven over 151 SEP 2141981 r V and over again that the concept of the police precinct in the heighbothoods is highly productive as far as crime prevention and crime control. I submit to you that when you have policemen assigned on permanent basis to a specific jurisdiction working on daily basis with a particular neighborhood of so many square blocks. That policeman in a certain period of time would get to know who live where and wlao belongs and when somebody... who do not belong in a particular rlei_ghY)orhood shows up, at least the policeman is on the alert. By the same token those people who live in those particular residents gets to know their policeman, gets to know them on a personal basis and a rapport, a trust, � bond is established between the citizens and the policeman. This is an additional advantage that the question of having policemen assigned to neighborhoods will provide our residents. In relation to manpower and budget cost this is a highly technical matter and there is no question in my that to approach this on an oversimplified basis could be catastrophic. However, the thought comes to my mind that the possibility exist that the combination of the two departments could also result in some savings for the manpower standpoint of view. Like for instance, we might be able to have in this joint venture between the Fire Department and the Police Department... in a Fire and Police substation certain distribution of administrative responsibilities assigned to the Fire Department personnel that is waiting there for emergencies to take place while they are on duty, thus, releasing police personnel to go and do their thing in the street and be highly visible, which in itself is a preventive crime measure without additional cost in our budget. And also with the advantage that we will have the availability of that police personnel right now while on the other hand if we go the other route alone, we will have to wait no less than a year to get to our full police force of one thousand policemen. So, this in a nut shell is the core of this proposition. I'm sure that if this is discussed here with the staff1with the members of both departments that are involved questions will be raised, other better ideas would be added, but in a nut shell I feel that this City Commission has a responsibility to react now effectively to the problem of crime in the City of Miami when we are asking the citizens to share once again in the cost -of the City and we are not being able to fully provide them with the top priority in services that any muncipality have and that is the preservation of life and property, then we have to come with some new ideas. We have to try some new alternatives, because obviously, what we have been doing so far with our limited resources is not enough. Rev. Gibson: Mr. Mayor, I want to ask a question. Mayor Ferre: Father Gibson. Rev. Gibson: Mr. Mayor, I want to ask a question, because I'm not so sure I understand. You started off, Mr. Lacasa,--- and please for the public, he and I don't have any adverse feelings one toward the other. We are friends, more than you would think. Again, I'm on the philosophy, the principle. I heard you at the beginning talking about merger, the two departments. I heard that loud and clear and then I heard you say that you wanted precincts or substations. Now, let me respond as a Commissioner. I don't know what the public thinks, nor what the other... any other Commissioner thinks. I would think it would be catastrophic. It would be catastrophic. That's not a ghetto word. That's high society language to merge the Police Department with the Fire Department. If I have any observation to make, I must make two bits of observation. We have the #1 Fire Department simply because of our investment and because the attention and the capability of the Fire Department. People who come here and have heart attacks or people who come here and have other health problems Dow -mown or even in their own homes go back singing praise and lordations to our Fire Department. I will hate like everything to see us take that away from the people. Now, I have seen it you know, you have the short time response now. I remember the time when you didn't have it. Don't let's turn the clock back. Number 2, I think when I watch television and you know some people are saying television, oh, is so bad. It does this. it's in your house, you aru in the bed with it. That's true. VT11eI"1 I watch televl.slon and see What's happenlnR Country and police enforcement, I just wonder how any one ..,dn will be able to give adequate and groper attention to bot.11 fire and police. We are living in a period---relneiiier. this--- we are living in a period... all you have to do is look at Nevada, what has happenea out the'e and all those fires and number of lives lost. Rnd the uvney we will save, if we save any money, because you then will have to get a or,e near, who has far I;,Ore expertise than the two of them put together and usually, I don't know about in government but in the ministry when you go out here looking for specialization you come up paying specialization salary. 'rn at is not to unply that the two men we 152 SEP241981 have are not dapable. I must say the very fact that they have produced for us what they have produced tells you and tells me that those men are capable. You and! will destroy. You will tie their hands. You will destroy their capability to perform. And remember this, the Police Department has a separate and distinct set of rules. All you have to do is be out in the ghetto as I am watch those boys operate. They know ten thousand ways how to skin the cat and if you think it's a joke all you have to do... the most ignorant looking person out there is much smarter than you give him credit and the other part _ with the Fire Department. When I think about how high we are going up now with buildings and now over against yesterday the man who gets to be the Fire Chief has to be a specialist. And let me tell this, you can't specialize in two fields and do any two... you can't do the two very well because one will die at the expense of the other. one will die at the expense of the other. I would urge this Commission at this late hour in the year to abstain, to abstain from trying to merge those two departments. I heard the clapping. I want to say to you, my fellow citizens, let me tell you don't be penny wise and pound foolish. Don't be penny wise and pound foolish. I will say this and hush my mouth. I could tell you how near and dear the Fire Department is to me. On a Good Friday and most of you may not know what that means, but that's the Friday before Easter and I was in the pulpit preaching away and all of the sudden, bam, within five minutes time the Fire Department was there, they knew what to do and Theodore Gibson is talking to you -low. So I owe that much... I just had to tell you that. I owe that to you. I owe it to myself. I owe it to the members of my family. And I want to tell you this with the reducid number or the small number we have of policemen, when you read the paper and when you watch television, that forecast and report on other muncipalities, I want to tell you something, we ought to go home to rejoicing. And what we need to do is to instead of looking down, we need to look up and we need to support these men. Sometimes all they need is for you and for me as citizens to encourage them in what they are doing. What distresses me is a policeman could drive up here right now, if you were out in the ghetto and ask "Did you see this take place? Did you see what happened to her?" and we who are the reluctant citizens never open our mouth. Now, you have a part to play. I want to end by saying I hope, I hope with all the specialty of our Fire Chief and all the specialty of our Police Chief, that we don't try to find one man who will have enough specialty in him to take care of the two jobs. Mayor Ferre: Alright, Father, with all due respect to both you and Armando Lacasa and I say this because I'm going to do something now that's going to upset both of you and I don't want you to be angry at me, I just want you to listen because I want to point out to you that both of you are contradicting yourselves because you have reversed your roles on what you previously said. Armando Lacasa said that he thought that the Building Department was sufficiently important and sufficiently that... and he voted with the issue, that the Building Department and the Fire Department should be kept separate and we had a procedural way of doing that by having the Building Department report directly to the Manager. You on the other hand took the reverse position. You said that, that was a matter for the Manager to determine and you thought that there was something... so you took that position. Now, in this particular case we have a role reversal, because now you say that... Armando says that the two departments can be put together. In this case he sees nothing wrong with two departments being put together, Now, let me finish. Rev. Gibson: I'm not going to interrupt you. Mayor Ferre: Let me make my full statement. Now, and you on the other hand say that the departments have separate functions and definitely should be kept separate. Now, let me say to you and let me say now my second point. There was a time when the Air Force of the United States was part of the Army and there was a time when in the public process of government here the President decided that the Army an%i the Air Force should be separated into two services because they were separate functions and there was a tremendous up roar from the Department of the Navy and Rrmy t11r:1t, ttlat woulci be the worst thing that could happen, but the fact is that it sn't arui it worked out and the President was right and that we needed to create Li11 kr'V, a tea\h c_lid all Alr Force and they were all separate functiol:.Now, let m state. that in this particular ,. issue I happen to agree phi].osol.hically With t1le staternerlt: that you made about the unity of these two depart111eI1t. l�ol;', let Ilse. Say that we have tried it, It 'a did not work here in Miwrli. Let. It1 say tilat t.11el-e is not one single, Irajor Fire and Police Department that ful:ctior, together arty where in the United States... I'm talking about u,ajor departments. And I do not think that something that has beer, tried and has not worked and does not work is something _s 153 SEP 2 4 1981 C C that we ought to be going to blindly. However, I want to make this point. Let's What Commissioner Lacasa has come up not keep., there are apples and oranges. with which I might also put on the record. Chief Harms and Chief Brice now the hearing, the public hearings on the budget on the record I a lot Of that during same idea be investigated. I think it make Personnel requested that this very deploymentfor of police strolling and that sense to utilise },ePc}oS- to theszones that as a ethey are so that they that is not conclusive in nature. I'm they have a base to operate from. No.., not saying that, that's a conclusion and furthermore, I think because °f With fact that there might be some new evidence and some new areas in dealing o departmen functions without the full mergerndtmeyebewcorrect andtl. think wershould Lacasa is entitled to his opinion ossibility again. The fact that we commission and we should look into the p we it fifteen years ago and it didn't work doesn't mean that ,olantliauthling look1 did But itis much too important at it now and that it might nit°rGomething that has to be done very deliberately for us to do pr.eci.pitously- with a lot of studying and a lot of fore thought. There might be areas.-. there might be areas where the Fire Department could be of more assistance Department and the POeiareasi7thateperhapscould weeshould rpursuesinnce to the Police to the Fire Department and these that I want to say on the subject is this. the future. Now, the last thing as there is between There is as much relationship between Fire and Building safety. They are yet, the Fire and Police. There are overlapping areas othree of them total and separate entiti`sist d sepI.rate fuectionsinnd I bFire elieve that in the Building Department and consistently overlapping and the Police Department. However, I do think that there are many Mr. Manager, areas that we should look at. The final point that I wanted to make, told us w is that according to what the City Attorney e really do not have the unilateral authority in this Commission to force you to merge oCommissionent doesr another or unless the City Attorney will tell me that the City ere we did not have..• have the legal authority to do it with Fire and police wh give it to the City... Mr. Lacasa: This is the legal opinion which Z thought before coming here and... putting it on the record... I'm putting it on the Mayor Ferre: I know, I'm P City Attorney says that this record that you have requested and... Now, if the Cthen I think that, is one area where the Commission does have that authority, that gives us a vehicle to further study this Rev. Gibson: Mr. Mayo r, this is not an argument between you and me. However, you misinterpreted what I said oanhtr o emberur�attentiont dNoteW1thetManagern half of the question that I b g within my right to contend and did not ask us to consider the merger, so I am to say at the very outset what note, I'm not advocating no merger, I'm trying Y _ and I'm the dangers are. so, therefore, I have the perfect right tofromethe Manager. inconsistent because I'm not taking the authority not being before you even want to I'm saying to the Manager as all of sothe value of this.. This is the value recommend that to us, look, Man, that's what I'm saying, of this. Have you considered thoroughly and promptly, And all I'm saying is I believe, Theodore Gibson, if the Manager had brought it before us I would take the position tree hat the onsible, but the Manageradidn'ts talking about and I'm going to hold him P bring it. Did you, Mr. Manager? Mr. Gary: No, sir. Rev. Gibson: Alright, so, then I'm on solid ground. So, Mr. Mayor, contrary to what you said I am not, really, I am not taking a different position. MY position is the same and solid and reasonable, ok? Mr. Lacasa: Mr. Mayor, I also, would like to clarify your statement about my d it would be an over simplification contradicting myself. To this effect I don't believe, along with Father Gibson, I also felt that you misinterpreted me. An sir, to say that I am contradicting myself when I am opposing the merge of xtsner,t and the Fire Department and I am } ro.notir�g the merge the Building Depa ,�rtment. '1'ht rc-aso,, beir�g that both. of the Fire Department ;ind the Police Dup � ar:a-lniIitar the Police Department by itself and the fire DePartt;ent is al 0 1 Y those tea° del>artrllenEire re very rnuY primary responsibili0' fee ir nature. The nature of dealing ty is the preservatior, of life ar,a } P erty. on al with crime l&sic&lly, the otl-ler dealing thel dil cull inec o abotri }le arty and nt5e C F� ' means to prevent them. But by and larE" general approach of the members of those departments, the regulations find the g PP 15 4 5EID 2 4 1981 to their functions is of military or at least para-military nature. While the building Department is essentially a civil type of operation with highly technical and trained professionals such as architects and engineers that deal with other completely different type of activity. The professionals in the Police Department and the professionals in the Fire Department are much more alike in their functioning than either one of those two with the Building Department. I don't see anything wrong with one public safety director and I am going to go a little bit further and this of course, is not for us to decide because this might even imply the revision and change of the City Charter by referendum, but if we had time I would have proposed to take this question to the public. And I would have asked the publ-1c if it is not high time for the people that are in charge, directly in charge of protecting their life and property to be directly responsible to the City Commission, which is the one that is elected by the people and have a public safety Commissioner responsible directly to the people in charge--- a member of this Commission --- in charge of supervising and directing and being responsible for and in this I do agree entirely with Father Gibson with the two heads of the two departments, Police and Fire, because I do believe along with Father there are two different functions in that respect and that we do have to have highly technical people and of the caliber that we do have in Chief Harms and Chief Brice at the head of their particular divisions. But in no way, sir, I am contradicting myself in making the proposition because the nature of the two departments is totally and completely different. Mayor Ferre: I just might want to add one thing and I hope we can move along on this subject. In this case, now, I agree with Commissioner Lacasa. Except the only difference that I have with him is that I think we already have that position. We do have a public safety director. We have one person who is I in charge of both the Fire and the Police Department who's job it is to make sure that they function as a unit and his name is the City Manager. Mr. Carollo: Mr. Mayor, I realize that the election is not too far away and sometimes we tend to get carried away when rough campaigns are ahead. I just hope that before the night is over someone doesn't ask for a peoples' militia to be established. I would like to ask before the night is over for the Police Chief and the Fire Chief to give their opinions on the subject matter. I think they are both intelligent individuals and I'm sure they could give us a good point of view on that subject. I however, will make it very clear how I feel on the subject that was discussed. I think it's absurd and definitely will be counter productive to the City to have a joint Police and Fire Department. Our Fire Department and our Police Department have functioned quite well under the circumstances that they have had to operate in and I think that the examples that we have throughout the Country shows the failure that we would have if we were to contemplate taking that step. As far as distributing police cificers in a dozen or more precincts or substations throughout the City, well, the idea at the surface would look very enchanting to someone that knows nothing about law enforcement or its operation. I think that the point that has to be brought out is, number one, it's not only going to cost much more money than the way we are functioning right now, but the bottom line is that it's really not going to change. It's not going to change one thing in the area of combating crime and I think the Chief could expand a little better on just how the City is divided into sectors right n�w how officers are assigned to individual areas. How in fact we have officers that :re actually working substations, that are working sectors in the City and last, but not least, I think it's going to open up a pandora's box where the Police Chief, the Assistant Chiefs are not going to have the control that is needed to have in our Police Department of our police officers and there is just going to be too many possibilities for my liking to have additional problems than what we have had in the past for police wrong doings. So, those are my feelings. I'm laying my cards right on the table and at this point and time, if I may Mr. Mayor, I would like to have the Police Chief and then the Fire Chief give their opinions on it. Mayor Ferre: Chief,... ladies and gentlemen, I apologize that we are going close to 9 on the subject, but obviously, this is a major issue on this budget and then we will get, hopefully, on the budget after this. Alright, Chief the question... you heard the question? Chief Harms: Yes, six, I did. I did and it's really divided into several different parts. I will go ahead and take the first part. The part about the combined functions. Philosophically, it suggest that a combining of responsibilities can deliver more Effective service throughout the community. 155 8EP 2" 4 1981 C V — Philosophically. I think it has merit. In practice around the Country it's experienced a great many failures. I don't know whether that experience is transferable to the local community or not. I suspect that if it's the will of the Commission we will certainly look into the various aspects of combining functions. Beyond that I can only speak to what I know pexsonal,l.y has occurred ' in other connunities and I can offer suggestions about what may or may not work here. But it certainly does merit consideration ,and in additional look so that we can determine if any of the applications w"taa.d be »sable or of utility here. with regard of the substation, Y9r. Ca.rol.lo, you ai:r perfectly of correct when you say that there are a number of substations in the form police officers in cars around the City. The City is basically thirty-four square miles land area and there is thirty-seven zones within the City and a majority of those are manned on each beat or on each shift and there is an overlap as you are aware of at least a couple shifts which places even more units in the field on that. Now, that's the basic zone cars. In addition to that there are specialized units, detectives, there is motorcycle officers, enforcement offices. The assumption being that each zone is small enough in size so that if an officer is in service within that particular area of responsibility that he or she can respond to an emergency situation in one minute or less. That's the goal of the Police Department, is that kind of emergency response. Substations are generally more applicable in larger areas, larger geographic areas and the intention there is to give the citizen a feeling that government is much closer to them. To that extent police officers at fire stations could conceivably help with the perception of bringing government closer to the people. In reality through geographic distribution however, we do have them distributed in small areas throughout the City and of course, the key is keeping theta in service a sufficient amount of time to respond to the important calls as soon as the calls come through. But that's another area that we can certainly look into if it's the will of the commission. Mayor Ferre: Chief, let me just... and I hope we can move along, but let me just... one quick reaction. I think where the problem is, is the automobile. You see, when the police officer did not have an automobile and therefore, had to walk he was visible and accessible. Now, that you put police officers in automobiles and if they are air conditioned or ............•.... " " " " " q. ,k iPh 42 } it f. 4 i t 2 yet act pk- titidtu 3 t � L { ' p u� '�h ,fir tiy.>•" � t t Y t �z J � i h NN q t 0 4 Mayor Ferre (don't)! ••. they have wire mesh in the back and all this. people don't feel that they can communicate ithub-pr ncts r office, so i think that the interest of taking offs cers outdeep need y a - to have a closer sense of communication with the hisp in lice - officers. I think that what you have done recently, Coconut lected areas such as downtown, little Havana, Grove to get officers out on hW�thraedigitalapcomputeray not and all theother efficient as an officer in an automobile but I think it human - things that go with that in instant communication, izes the officers somewhat and therefore I think we arthatlwe canng in expand right direction. I would hope that that is something on now that we are going to have more officers to deal with. Chief Harms: That service was predicated on the special program that the Commission approved and you are right it personalizes the relation- ship between the of and the ae andve wehave received d a lot f that back recently through thatort around the community. very enthusiastic response and supp Mr. Garollb: Mr. Mayor, if I may I would like to to ask one more question oz the Chief. Chief, you recall some time back we spoke and I also spoke to Assistant Chief Cosgrove about forming a reserve officer's corp which we have done. Complimenting you on that, I think this is going to be very effective in not only bringing additional manpt er to the police department, but this is accomplishing what y ou wereabout, Mr. Mayor.. having the police department me tget closer and cImuni- cate more with the community. But at recent- ly the asked of Assistant Chief Cosgrove was to find Some out forhs me it what was percen atwasrcen tage of police officers lived in the city. approximately 25$ then, and I imagine very leffective inggetting closer lto that another way that we could now be y the community and at the same time being ivedmwithinore stheecityco Miami, if crime is if all these officers they would be given marked cars to take home, I would hope atdwIcer ould tainly feel that this commission would provide any money be necessary to buy additional car: as needed to accomplouhw,ouldtlook like this. I would certainly appreciate it, Chief, if Y youndings have into this and report back to the commission whatever f robably one of on that and give us your opinion on it. I know that probably as the problem areas is going to be the protection you wouldprop squad cars tand computers and sotonus, 1 would appreciate it. look into and Mayor Ferre: You know why I think that is such a good idea? Becapproach that is the first time that I have seen somebody take a p en on something that all of us have PlummereordIaorng with somebodyohereealwayslast twanted years. At different timesyears that to pass a motion that within forceyear liveperio, or within thesoitynbounclaries, all members of the city police but we could never could quite do it because of the punitive nature of that. But now what he has done, I think it merits alot Ofets attention. What lie is saying is, instead of of making it punitive,ds do it in a way that it an adgtheran citylboundaries of Miami,wthat►we for any officer that li:'es within provide that officer a marked vehicle because we are not going to have digital ngpsomeskindaof incentive vehicles, ncentive but that might be a way, perhapsit for system. You may not be able to do it for all, but market hose doificers ten or fifteen or twenty officers, it would really within the city. Mr. Carollo: Another of the things that this would accomplish is it would give us the visibility that we so badly need. A bad you outknothere isn't going to knoawifnthat officerCer is eallyoisduty dutyn29►houasyif lie sees according to the 1 ► a a crime being committed. 5o, I think it is going to be very effective. blic Chief Brice: Mr. Mayor. & COnur�issionei s, the Vonolicecept c,andufire isf not Director and also the concept of con�ol.idation of p a new concept. It was tried inji;EO ai��effectd it aonatheldeliveryriof}firenion it would 11sve a tree endou_ detr The tWO jobs service and enviergency r1,edical yez v1os�ectives� are not in line. in my ii-drid are not in line and our goGls andobjectives The police are dalir;r� people and trouble and with crirne, and the fire service is responding t.o people that are in danger of tr�eir life SEP ' 1981 C V. being in danger of being destroyed. The key concept of being and their property together is very important. The aoa.1 of our rescue able to respond quickly og units and the training that we have to have there is not oepatible in my mind with the concept. So my opinion is as far as the Public Safety Director and the consoli- that irmtal to dation of the tv c cl�p s?�"na 1�at irhile poliice might ry has ror mioven ghtnot it benefit (and the fire and resole nxvz .... Police will. hati-e to an r that), but definitely fire services and rescue service do feel the; dP in-i�t dard_�:It ~'of thact t l.evelis oof service prot in my ndnd vided As ffor the ar as stations y,otild later �h- sL� n 7 s s—,,-hip_ the police Chief, the City Manager and being used as precinc. , i.f: that g to explore that in this Conmission feel_, si�ou]_c3 1- explored, then I would be happy terms of dealing with that issue and using our fire station in a , way. P1r.. I've listened to everyone here this evening and I'm only Mr. plr: mayor, is that each and every member ofthis Ccxrmi-ssioful� this evening to he very conscs gratified by one thing, thatious of the ^ need to do more and �r that I am grateful. sion and ll Mr. Mayor, I have heard all the ca sts of the abut I alwaysIthlink to look, and nd I am at. 1 have reservQti.oris, I have suggestions, look good and look further is a good deal. Maybe they won't care back with a rece[n- mendation of a Public Safety Director. Maybe they might cane back with to use scmeth�the else. And maybe they wvn't a-im back as exactly as Armando is proposing police station or the fire station as a substation. But there is always the possi- bility of spinoff of satellite in which we could deliver vital daysserygo on s tothe ethie days of this c"Tumity'better can what we doingthe tosaspeny. tsfOservi�s get shorter, get longer and the taxes ghigher there has got to be scare give and take. There has got to be seine utiliziation. In this budget alone we are seeing some 60 Positions that are being abolished. Yet we are fortunate that the manager has found a way to increase by 186 policemen to bring us up to the strength of 1000. And most of that went to the detriment of 44 people, the 44 vacancies it lost. Ca►missioner Lacasa► if your motion is to ex- plore the feasibility and throf bothtchiefsions fand limanager �c Safety rwhoever elsethe they use of the substation in the hands wish to bring in as experts to look into this matter, I will second that motion. Because, at least I will feel that we are trying to do more than what w aardoing today. I want it to be fully understood that if their reconmendation may and say there is absolure back tely no way, in the final analysis that's would form ow I will vin ote because they are the experts. But I would hope that whoever they the way of a camtiittee or task force, or call it what you may, would not stop at just that initiative, but to look atofllboramifications sto�t � there ld deliversin ser- which we can get better utilization I think anyone would vices quicker and ;getter with more response than we do today. we],o ne the opportunity to do better as long as that is the understanding of e mo- tion, to explore the ramifications, to came back and recanren would be happy to second the rntion. Mr. Lacasa: I think that you have explained very well the position that I think that particular of this we should take at this particular point. As Z said atlthetesmatter and as e explore conversation, or the discussion, this is a highly c� rofic essionals, and even outside and discuss, not MW by us, but with the help of the p pit Cara help, outside consultants, . ssion by and large if Y ltanecessary, T feel that the at this point have lta responsibility to our citizens and that is to explore: every crime. possible way to try everything that could help in this question of controllinE, r to work Theref ore , I am willing to make a mot i cn that fwe in f i.rec d l i - d e City artr,-L_11t s and to in cooperation with the heads and t1-u taf.f seek if lrecessasy, in his discretion outside help in order to provide the Cit,- Com- mission with the recc aTendation as to the possibility of the coi7bia�ation r the human and physical. resources of both the police and fire delp3rtrr�nt anrec�nct through Safety Direr for farad fi also substationon of as sr�^e or police assignede concept of the to a specific the use of. t1 q neighborhoa3. Mayor Ferre: is there a second to that motion? Mr. Pluuuer: I second the motion. Mayor Ferre: Alright, Pl.uznrer second's the mtion: Further discussion? The nation is as I uw3erstand the sense of it, that this C TTIdssi.on instructs „ he City Mananer in conjunction with the fixe chief, rlie police chief and respect ive cessary outside Yelp to study the possibility of the consolidation of those two departnents into the Public Safety Depirtmant, or variations of that theme and secondly, to look at the use of the fire substations for the basing of police personnel. Is that it? 158 SEP 2 41981 Mr. plummer: But it is not limited to that. Let me give you in example of what I am saying. Mr. Mayor, today it is mandatory I believe, and chief you correct me if I am wrong - I'm sure I'm not too far wrong , but when a policeman gathers evidence or something of that nature, he is to iTntediately take that evidence- or whatever to the Froperty bureau in downtown. That will take the policeman on the average of 30 to 40 minutes if he is caning from south Grove, or the north end of town, and I am taking the e.�ctx-em, lie is taking a trip downtown just to turn in property. I think that there could be a system developed saving money and time, and time is money, for ex ample, if he could deposit that at a fire station and be back out cn the street in u 5 minutes and the department could have one car that circulates and picks that P and takes it dc"n. I think these are the kind of things that we could do. The fire station at all times has a watchman a-i duty and they could leave that with then in a sealed bag or sealed container and that policorran, rather than be out of service for 30 or 40 or 50 minutes could be out of service for 5 minutes and still accomplish the same end. These are the kind of things, Mr_. Mayor that I believe can be explored to get better utiliziation and more time on the street which is necessary. The following motion was introduced by Ccnrdssioner Lacasa who moved its adoption: MOTION No. 81--813 A NOTION INSTRUCTING TiiE CITY MANAGER TO WORK IN COOPERATION WITH THE FIRE CHEF AND THE CHIEI'' OF POLICE, AND, IF NECESSARY, IN HIS DISCRETION, OUTSIDE HELP, IN ORDER TO PROVIDE 'THE CITY CCMMISSION WITH ALL THE POSSIBILITIES AND RAMIFICATIONS WHICH MLW DERIVE FROM A POSSIBLE CONSOLIDATION OF BOTH THE FIRE Dr-2AR`II`=AND THE POLICE DEPAR`ITiI�TT IN'W A "PUBLIC SAFETY DEPARM=11, FUR'rHFER DIRECTING THE CITY MANAGM To CLOSELY STUDY THE CONCEPT OF POSSIBLE oaten UTILIZATION BY BOTH DE- PARTMWTS OF CUR STRATEGICALLY LOCATED FIRE STATIONS IN ORDER TO DERIVE CERTAIN BENEFITS ► AS "D- PRCNED RESPONSE TIME", AMID ALSO TO BRING MEMBERS OF BOTH FORCES IN CLOSER CONTACT WITH THE CXX44 JNITY . ON ROLL CALL - Mr. Carollo: Mr. Mayor and Members of the Commission, I have expressed my opinion on the Public Safety Department and the area precincts, but since we are including in this motion to include all different area5,that is a whole different scope altogether. I have to vote yes on the motion. Mayor Fe Yes. In my vote let me express the fact that I am against consolida- tion of any kind. I am against the consolidation of the City of Miami with Metro- politan Dade County. I am against the consolidation of the Building Department with the Fire DeparUll nt, I am against consolidation of the Fire Department with the Police Department, }icxrL?ver life is not quite that simple and things are not that black and white and I might point out Mr. manager_ that you wlcyuld re;rrxbcr that evcm though the City of htianu. Ins always Keen against cxonsolidation with !metro, Akk didn't spend the time, effort, money to go up to Canada to oairrrission study rr6ade by Z'ouche-Koss which is an outstanding managarent cxxqkany, and the�l canes back with o"' of the best reports that vre have ever rece-ived, tqhich cam v,Tit1i alternatives to consolidation, which is a two form of government. It is another one of those- reports that sits a*r a shelf. The day oars when I am sure it wi11 1- dusted Gnd evc_ntually I think you will see -it 1_ c ;t_ a reality n this cx,�t�rarzity. l4a4, out of that study came a lot of ideas, not IO2' C7Jl1SOI iC7at * -,- , I ]t �iltE l"IZclt1\'i'S t.o consolidation. There- fore, T t]iirrY. U�at �,dzat Cc �tru ssi.aner I casa has n�ovea tc�3 �y and as CarYrtissioner Carollo has exT'Aai.rle-1 )-,as a trarlkandous airboant of Ix)sitive and creative potential and I am tpp� vote �ritl7 t1�:t ntotia1. Mr. PlunTler: I'll-. I�L-iyor, rn; y 1 ask, or rrc y I i1_1quire in this same area, in sere of the cmuents that you just made, I va:)uld like t_o notion for inclusion in the budget if I an in order, with reference to fire pDiic e department. Is that in order? Mayor Terre: «ll I think you will lave to listen to the budget hearing first. irk roffer it 1 to be dif ferea�.t , Mr. Nkayor so let Trte P �iNSr . P1taT►:r • �^lell ► it is going gain this year that we create the -i to you sir, I aQrt going to establish that artce ag 2 million dollar Public Safety fund that it is pr_`V n without a doubt this year t ndous value. Five hundred thous ns] of this nqs we�e,r difor d aura► to be of c]cny tns cn�e of the g Lrols that you are Ls year nolx7ly c�, n do].]_ar.s of. th-Iat t., nt: for these p-atr_ol_s anc3 f� Pa millicxt �, I� a attalz and all thee afnnt n that s• tal}�i-ng about on 1. aq ].e;_ .: t.r. eet_ , dcmtown , going to mak -- �, say it is a��rc7priate, Mr. Mayor, wt rrf ,� used, Lut that we create it and have gin this :Y aI', ncA- that i.t has to gate ��en necessa.ry frcxn this fund once again p t can I want you to know I it there so that the r < de 3 whenever you are ready, and that the mnr-i ie c are intact , SO am going to offei that motion. let n'e' sure I would recognize you, but before I do, Mr. Pll��-�= , under the ].aw, we are na�a stuck Idayor Ferre: Cit Attorney, from that We can I understand. Mr. Manager and Mr. �'° We cannot qo up tNo. 2 with 9.036 as the m`-tximutn 'Ti that isighpoint No. 1. Mr. Tlanager., points cannot go 143 • �`'4 ► garbage f c� , so 3- stays the g° � ► ` any increase i rt the g uliat they charge us, is that you are not proposing h to pay P�tropoiitan Dade County --- soma► which is barely enoug and trash has to be absorbed in the the east of picking up garbage u had in lieu of on instructions of scare Therefore, tha�c e that was Fund. Point No. 3 is, one to a millag 036, yo Generalgarbage �icku increase g t that to 9. u -3 of us to eliminate the g e fee 1 h', when wi- 9 . scxretlii-ng or otlxer , I forgot what it was . �,� the pie is -� a mi ].lion and one-half dollars of f �r subst£ tute ,Therore oYouhad to shr yourro s- cut about cause there is no Other �s p P° budget by that amount, a axe proposing► now. what Plumrer only so big and that's it. Now what yo if you will. You would have ing is to set up a two m] Ilion dollar resei�e fund Ilion dollars and of the budget by another two r'u cut your non --police portion ssion would not pert that to and the rest of thus �n'wsth that, therefore, what I assume that Mr. Pl�r t and I would concur would go er to fifty to care frcm the Fire Deparmn r lice budgetlabor negotia-• you are jr, effect saying is that then the P° s and that does not take into aCC°t ire or police• You Tray million dollar ► that we have not concluded► neitheru have a fire tiers end up berg into account i be talking over fifty million dollars. L1 additionAgtt taking uerefore are get which is close to thirty million dollars. in to be with the fire unionsaint general operating what the final settlement is going two million dollars gt.herefore leaving talking in a budget of one hundred thirty lice, It goes to eighty million dollars in fire and police That includes � budget. else in the if u fifty million dollars to operate everything million dollars► and YO sanitation, cut any rrore garbage service and parks and recreation► that we are not going d figures. That mems take ... and I assume Tnilliosn dollars in coon million trash pickup which is what ... ttYrcm the =' to cutting that^1D million dollars about a st�gyilation plan that you are dotim s and I think that you are talking dollars that remain about. at that point now, because that's what we are tal}cing t,7p;t't have to assume I let me tell you. i plug : Vx. Mayor' so that Youthe budget to two million dollars without a would have great problems in Mr. Mayor, I can sit '.sere and cut up to the police whole lot of problems to M. Ti'ere are others n in no wlay giving t� budget, Mr - 14ayor, a dollars. There would the way that I cut up have two million extr depar�nt carte blanche that they year budget without a four-fifthanvate not be a p��,y of that spent as in last ye , fund established of this C�rt�issian. It would be irore of a contingent, I can stretch like others mayor, i f �rou want -] ready there, willing and able. I'�• I can stretch as otl�rs have stretched stretched from the Interim moneYl can shuffle the rnney• I don't want of to have st- fra,lt Park. 1 r. Mayor, That NA-ly he he has a staff to pay for Bay_" the manager to do it. do that, I want to leave it up ocs on much and mtnage t�xtt of a lot of millions ifdtlis meting 9 t • I a who of budgetabut 64 cents an l)(ur I am sure there are saz $5,000.00 per year, to 62 cents an hour. l to do _ less, it is going to b � to i in setting prior paid and there are scam here in t]�e audience that Ii _ will say that I gin c�verl r all. I ar, spying to you is, scmething dbaat it. 1_' , i�yo ' ut~ setting priorities. A few ,peoplele ities and tl`,at is ':fi at Wdget is all abo ' question in n�, mind tl t a fe,a people I in try ltiay.e to k� bard , t]� r- e i. s no but I want to toll you, the people are go g eti.bcxl,s criJt first ancj f orc:st , they are going to have tl it l;x� ust Il , and I'm sure it's not, �,,e will speak wits, and ]TC its) g else is said and done, yet good pol ice Prntc1ct ion, and van eve talk about VA-lat i.s Ic ft oVer. . If that u a questiOn en the public record now. Mayor Ferre: Pluttre s , cart 1 ask Y° happens are you aging to vo-,e with this budget. Pltrrtner:: ' � �iE_r'tg TrYy other list, yes sir, I'll vote Mr. for big Mayo f and how long is your other list? r Fer re. ►d ha t,,�• P1uTr find oat before tl might is over• SEP 2 4 �981 610 50• (a) :'JC"1CL�.� USMD iol- PP..= i (b) FPP: rl, BUD= 1:Z'tf• ^LT'.JU-77IC41S (c) SEMM r2P7M'G: '=jSr. c mrzri1C S.94.7 (d) SBM1D RE.� 3111G: AFP'_TJP"U.T_'I XIS C__-DU__Cr (e) PILW.TE. l 150,000 F.-I.S. FIRW TO PIO1_CC:.:It'. APPROVi.0 SOCLrL S'== PJMJ Mayor Ferrer Let's get into the budget. Alright sir. We now have before us the City of Miami proposed budget which is the second public hearing for the tenative budget. This is a discussion of the proposed millage rate and the tenative budget. First we will take up the the percentage increase in millage over the rollback rate and the response to that at the mou ent is 13.4%. Next, we must get into suecif.ic purposes for which ad valorem tax revenues are being increased. The answer is that we will add 186 new police officers for $5,618,553.00 which is 76% of the total increase and to maintain fire services at reasonable levels, we are adding $1,768,855.00 for a total 24% increase which is $7,387,408.00. The City Ccnmussion will listen to the response of citizens comients regarding the proposed village increase and explain the reasons for the increase over the roll- back rate and to begin that, I will just tell those of you that are here. —how many ... let me ask first how many would like to be heard on on this...raise your hands .... we have 13 speakers tonight. Alright ladies and gentlemen, would you quietly, half of you go over to where the manager is and would one of you go over and take papers, and the other 6 over here, and sign your name, and I will take you in accordance to the numbers as I receive than. And while you are doing that, and so was don't waste any time, for the record I wish to tell the manUers of the City of Miami Carmission that you have before you a millage comparison and I would like Mr. Surano, could you make 13 copies of the millage comparison so that we can pass them out to these 13 speakers to have them before these as they speak. The millage comparison will show you the following, that taking into account, and I say this advisedly now, the decrease of the debt of the City of Miami and the debt service, taking into acoount the increased homestead exertion, the average house in the City of Miami will pay 2% less taxes than that same tax payer paid last year, to wit: instead of paying $365.00 of City of Miaru. taxes, the average hanger will pay $358.00. Now, I would like to ccx pare that to Metropolitan Dade County. Metro- politan Dade County, taking the same conditions into account, and that is debt ser- vice and the General Fund, will be paying, you will be paying 16% more, remrber, the city will be paying 2% less. In the county, you will be paying 16% more for your taxes, and there specifically, you will paying, rather than $21n .00, you will be paying $303.00 for the average household. That does not include special taxes that you will also be paying if you live in a special service district. The sd ool board, last year, if you were a Lade County resident and your average household paid $244.00 school taxes, this year that will go up 19% and you will pay $291.00. If you lived in the City of Ft. Lauderdale, last year you would have paid $246.00, this year $277.00, and increase of 13g. If you lived in Brow=rd County, last year you paid $219.00, if you were the average ha:rc-owner. -Il- s year you would pay $314.00, which is an increase of 43%, so I .rant to put clearly into the record, the average haneowner in Broward County would be paying 43€� n-)re taxes, in the City of Ft. Lauderdale, 13% more taxes, i,n the Dade County school 1_oarc: district, 1.9% pore taxes, in Dade County, 16 nnre taxes, and in the City of Mianu, 2t less taxes. Alright, now the speakers. Does anybody need to speak n►ore t -Lan 3 minutes tonight? Ladies and gentlemen, 1 will limit the speakers, unless I hear otherwise, to 3 minutes. Does anybody need to speak more than 3 minutes tcznight? You do? Alright. Mrs. Rockefellar, will you till us how long you think you need this evening? 4 minutes, I see. Okay. Mrs. Rockefellar gets 4 nLuzutes. She likes to be different. Alright. 1":-e first speaker will be f4argie Betts. Firs. Betts. Margie Betts, 3598 Avocado Avenue: Whatever improvements are made on account of the increase in taxes, I think that these in Drovarents will benefit people other than the people who are living h re na., b cause I think that Nary people who live here will not be aL-le to afford to Ixay the taxes. After the last tax increase, a lot of people sold their houses a.nd ir►ove-•d away. I think if there is another tax increase, a lot n>ore people will h.v,.to move away, and in the end, there are going to be somr:� areas where the only can afford to live ._ t all krill be people who are dealing in drugs hk:-cause -Ch?y k,i 11 1R: tha: oily p plc �;� icy ty.ve enough money. It seers to ere that there is snrk:Od ng intrii sically wrong witli pricing people out of the houses that t1iey live &j-,3 are.l� �ytsy in, an also, cx-ice those people need to find other places to live, they w,Kin `t have enough honey and they will be more depandant on Public assl tanoc-_ and r,ec.:d nore tax dollars. Mr, Carollo: i think the Mayor can appreciate her words quite well. Mayor Ferre: The next speaker is Steve.... is it Scherk? Schear, I'm sorry i thought that was a Ilk" on the end. Mr. Schear. to the City of Mr. Steve Schear, 35 N.E. SOth Terrace: I would like to say year ago and diciri't Miami mayor and the Commissioners, this Commission sat back a yal Haitians'•who speak out against 130,000 illegal as Cucreban aliens aof murdend 0rs, robberies, rapeings, have invaded Miami. t 1 system, hospitals...overloaded hospitals, welfare muggings, an over ::,c.^-ng. and � agencies and all the governmental agencies tourists. Mayor Ferre hhimself has told Miami into a sewer and it is repelling ..ma be not exact words, but some i the President Canter similar words not too maybe we don't permit the Mariels I thing very similar to it. lie told Prea ri t'�CarI'd that U. S. citizens to enter Miami, the Cubans will cause a riot I d like to say ' You continue this insane madness and permit mo heirevolutioneinstead. _ say that if y to be holding South Florida, that the Americans are going ay you and this Commission have permitThdstColsunpission didn'tslistenoto two-thirds pof I for this mistake by higher taxe aim you need _ Dade voters back in November 4, 1980....this was a county -wide vote instead you voted bil.i.ngualism on the commission n are listede City by numbers ersi. 'andlanybody bilingualism to get Latin trade, prices - prices. Latin Americans don't need it.• Spanish Actually, internationally knows :pow to read p we p rovide Sp. _ Latin Americans don't come here because we coming is.becausectheeprices are two to language for them, the reason they are coming the come ten times cheaper than they are in those countries. ecializ dAnother productsreason whichytheyydon't here to buy is because we have manufactured sp tiisoinca•butothelMayorhis notnlistening. manufacture in those countries in La inter - here city? Well, I guess my time 9 9 all You claim that Miami is an international city. Yet. almostoto- (applause). our ads are directed practically and specifically your promotions and all of y gross discrimination ward Latin and South America. Now why is that? This is a gWhat upon all U. S. citizens and North Americans stanotnd Npermiorth tmthousands erican aof.illegal aaliens P the other half north of Miami here? We singular country to enter the United States as a national from one specific and sing U. S. citizens here. So, as a matter of security risk upon the borders and uponS.c now, is they are taking over our fact, what can happen is, and what is happening language and they are taking over our politics, they are taking over our culture other things. It is really detrimental and a national and our services. and many We call for a return of all security threat to all U. S. citizens, I might say. other kind, I illegal aliens, Cubans, are illegal, —; Haitians, Nicaraguans. Salvadorians and any other soming from the moon or whatever. If they top wasting our don't care if they are c and they should lsent back. 1 illegal is illegal bilingualism, which in Miami means only, ' tax dollars to perpetuate illegal aliens and i practically only Spanish with a little bit of English. Mayor Ferre: Thank you Mr. Schear. I'd like to ask you one last question. Why did you make the Mr, Schear: Okay. ,r get out of Dade County. I think it is a statement that if you can't speak Spani.:, and I very dercgatory statement for Americans living morehse�ntences here. territory t With reference 1 (applause) would like to say one last..... twOI to your Agenda No. 60, on your agenda item there, there shouldn't be no tax money 1 spent for monuments counemoxating other martyrs other than United States martyrs and no other foreign countries, this should Ibe American culture, American histnrY, American martyrs and American statues, and ank you. Mayor Ferre: Okay. Grace Rockefellar? Mr. Carollo: Muchas gracias amigo, since this is still a bilingual city. Grace Rockefellar, you have four minutes. Mayor Ferre: Alright, Grace Rockefellar: mir. Mayor an members Miamie Commission,m esident ofethecord I'm N. E. Miami Grace Rockefellar, Q14 N, L, 71st Street,, earin here but I am appearing Improvement hsscciatiol, and the N. E. Taxpayers Association, veyI- at the hudzet hearinvs tonight as a very concerned citizen. I have appeared and I make the salr,e stat�a:,ents over ar,d over and over and I'��e�i,aetlte�L�>,s�.�aife has We, as housewives, talked to Many, Irtany citizen every day c you have eel priorities to mend the budget, regardless of What your income i } the k ,d when you sad that have to be taken Care O ills and lCion't�r0roetC'your LaxU have, ( es. ncl O your home, your rood, }tour Ii,edical t ly"s00.00 this year. Now in thi little bit, my city tax tent up r they only cnt. LIB a Services have at and s city with our tax dC%11aI': , there are tN'trec er\1Ct� that W` 1_,o have a tax s continually delttarlcieci out of our tax dollars. i-ild then we hould a reduction. Pl;o�'e- £trV1Ce� are _ wC Have a ver\` outst-andlllg CnlE1 UT 1'Ci11C'e. lie } has done a marvelous job. What police officers we have are excellent police officers. There is only one thing wrong with our police department. They are undermanned, they are underpaid, they are overworked and underappreciated. They are appreciated a lot in the community by lots of many different groups. Were::,. -'A a strong, well -manned fire department, a fire department that is equipped with rescue squads, paramedics and burn units. That's another necessity. And we need trash department - sanitation department. Up until 3 years ago, that came out of our property taxes. Last year you charged us $75.00. The trash has piled up in front of homes all over the: city of Miami. It stands there for weeks and weeks. Our calls, our petitions, do no good. Yet, you are going to increase that to $150.00 for the same lack of service. Now, we think these three things are . hat we want for our tax dollars and then other than that, we should get a tax re- uction. And you talk about the millage. You talk about the assessments, but I elieve that when that was passed in Tallahassee, it was with the understanding he millage be rolled back so that there would be no increases in taxes. This is the second year in a row that Dade County, the School Board and the City of Miami has really stuck it to the citizens. I don't know whether any of you attended the meeting at the Dade County auditorium or not, but we did, and we were on the agenda. I -don't know how many of you saw this ad in the paper, tax revolt notice, and if you think that isn't moving, it is. Almost every civic association in the city of Miami has contributed to that and they are urging the people to put last year's... the same amount as last year in a bank account under escrow, refuse to pay the taxes to the city until we get some reasonableness at this City Commission level on why our tax dollars are going. We have had over a million dollars turned to Watson Island. At the last commission meeting, I believe $50,000.00 more was appropriated. We don't need a Watson Island, we don't need any more parks until the ones we have are safe for the citizens to go into. (applause). Millions of dollars went into Bicentennial Park and I'll bet there isn't a one of you sitting on this commission would walk through that at night without three or four police- men by your side. I know I wouldn't. It is full of muggers, robbers, rapists, and what not. But this is what... not you are counting on building more and more parks. We don't need them. Mr.Carollo: Excuse me, I don't think the parks are that bad now. Any time you like, I will be more than happy to walk together with you at night. Mrs. Rockefellar: Why don't you walk through there by yourself - I'm not going to protect you. Mr. Carollo: I think the police department has done a tremendous job with the 9shortage of manpower they have, especially of late, to clean up a lot of what we had that was wrong with a lot of those parks.Yes, they need a lot of improvement, but they are no where at the level that you are trying to imply that they are. And I challange you Grace, any time that you like, we will walk any park you like together. The majority of them you will find safe. Mrs. Rockefellar: I would like to have you send your wife and children over there to spend an afternoon and evening in Bicentennial Park and then you come back and tell me you will still take up that challange,Mr. Carollo, because that is a fact and I know it - I live in that area, and I know it. But we feel this way, this commission does not listen to the citizens. You do not ... you go off half cocked on so many different areas in so many different ways in spending our tax dollars -{ when you should be giving us just the services we need and reduce our tar: dollars and we hope this time you listen. I thank you. IMayor Ferre: The next speaker is John McBride. Mr. McBride, the Chair recognizes you. _ John McBride:, 200 S. W.- 25th Road. I'm not going to comment, I am not going to —� attempt to audit this city's budget, but I am going to say one thing, and I am going to deal with specifics, specifics that I have witnessed today since 9:00 _s A.M. this morning. I am going to deal with specifics - this Board, this Com- mission allocated $21,000.00, in excess of $21,000.00 to the Orange Bowl PLrade Committee..... Orange Blossom Classic, I stand corrected. And that was against the wishes of a board whose meeting I sat ir. on whose sole purpose is Festiva] Advisory Board. Yoit gave $1,600.00 with a possibility of $1,600.00 more to an organization who is putting an a play in the Latin community, and the list goes on and on and on, including use of Miami's baseball stadium for another faction. You sat here today, and I heard discussion as to inconsistancies where the possi- ble mergers of different organi::ations in this city, one of then-, being the building department the building E zoning department with the fire dcr�az tmtr;t. lc�G}:ing at this book which I just pickt-d up, it is the City of Miami Annual Report. It says total building permit valuation dollars in millions....$340,000,000.00 foi fiscal "i year 19BO as opposed to $60,0D0,000.00 fiscal year 1975. 1 bclievN CCX1LkisEi0l,e1- Ylumner hit it right, on the head- we should be increasing fees, increasing ful,ds, increasing I,ianpo� .oci in that particular depart.tncrit and working witl;ll [}iet Cej a7C- went. to alleviate at,}, j-rGt.ltlti�. tria�I exiEt. I also want LG�; j' 0,at. Jc t C t all across this nation, and that cry was for a conserva- November there was a cry if this Commission holds the tive government - i.sss spending. I would be happy car• I am not asking Of Miami, to what they were last fiscal y are. Commissioner the taxes in the City tearer loth, and I for a reduction. If they hold the line and hold taxes where on September Laca.sa was advocating that at the last comQnission meeting 't agree with him any more. Hold the line on taxes, because last November couldn't 9 could very well be echoed this November. Pat Keller. jMayor Ferre: Alrighl., t yank y°U' et my talk just arrived, so don't start my three minutes until I g Pat Keller: I j one of you. out. I know you can hardly wait, each and every ou when she is ready. I Mayor Ferre: Don't start her clock yet. She will tell y I am president of the Allapattah et hung up tonight on budget Pat Keller: I'm Pat Keller, Good evening. et hearings Community Association and. I don't thinaswZ diduthe last time the budg figures, I never saw so much figuring going to pay at least 10% more taxes, in- were up and I willing to bet that I am 9 I'll be happy to tlUding garbage taxes this year then I did last, and if o heart that Maurice? that we have to relate to the budget. — pay $200.00 to Maurice Ferre's favorite charity. i y Oh good. The quality of life is something piercesthe night creatureswith tovoodoo killed The crys and screams of little animals s penly selling Santeria drums. The tonicas operatell think that this is funny I at the hands of a madman- Oh, Mr. Ferre, how y � ou, I have lived through it and I've suffered here don't know, because I will tell y until the neighbors got to the point -� with hearing the crying and screaming and the blood splattered all over the t is not they got angry at me and they put a sheet up = sheets. and they invited my children in to see all of nothing is°done•bylthis commis- funny. it is illegal to be cruel to animals,ebleasinglof the fire station to a sion. On the agenda today is item No. 15, Cuban museum• what is the address of the place where the Mr.Car011o: Pat, excuse me a minute killing of chickens, or whatever they are killing? er: I couldn't even tell you, I just hear the crying and screaming all Pat Kell , night. I will guarantee Mr. Carollo If you will call my office and give me the address, you get . Mrs. Keller: Well, they are operating now and you can just .. ? killing the give me the addresses where they are Mr.Carollo If you will chickens, the pigs ..... rate.. Mrs. Keller: I hope my time isn't being used up with this. At any Mr.Carollo You get 10 secondsback. he upon inquiring about s. Keller: You will extend it for 10 tocthesCubanrmuseum Item No. 15 on t sports of the fire station you are such p agenda, the leasing ear's free rent. You know, y giving them one y funds. Mr Nunez committed this I find we are g Nunez requesting given with my money. item No. 52a, Mr. ail. Instead, he is being Lefore this Commission - he should be in jail. this self -same thing - perjury has been given money money when another grout Mr.Carollo %sThich Mr. Nunez? Northwestern Meats. Mr. Nunez wasof Miami did nvoived in note Mrs. Keller: Mr. Nu1li heads up adjudicated that the city Advisor, 23rd Street rezoning in which the judge _ good and the welfare of the city. The agenda of the Miami Planning for the g that food vendors be able to sell food on the streets of streets Board 10-781 is requesting •� means that the t�iariel.itos that have flocked all t},iergo�'s through. this city. This mea er oil of the city selling fruit and what have yo{llwi` will tI'hc pools have a manag - �ublic during I� as handicapped The pools are closed to the ) ublic ou'.• the p ,�,ol. whi.c), ),as been adjusted to handicapped peoi,le with remises to cloz-inate t')IE' water and keep t 1� p individual. cannot go to the i {.}1e r(Yal�dgf.lTlcl7t :a`.m5 in the r ool - it �w1IYY lrY t)1 l�l• but. t.lEEtc ��it)i I]othinc my money. Z can't fit. 1;ids are running tie b he s ; or e c; f t),e reasons 7001 to enjoy &L aES is private ) You ,eo ,le do riot to do, and nothcr thing t think ) I et the police we would like is nYar:y of t.}lelYi arc: Iic0Ul)'as often we are riot able to g _ swim. And the reason i�'-no]Ieisfatleovervt.)Ye =tre}et} aar el,wellrlknow.he ) t^.y neigh- as they should be. The ti throwing 'c.),e trash in the street because the hors are confident they can keep c E �7 2 ,�, I �Y act 6 5 city will pick it all up. Our quality of life is a niehtmare, and I am uavinQ More to boot. Thank you for the worst possible job. Mayor Ferre: Thank you very much. The next speaker is Eileen ...is it Slaw or Slan? Oh.. Star? I'm sorry ...Star? Thank you. Eileen Starr: I'm Eileen Star. I live at 9010 S.W. 56th Terrace. Commissioner Carollo, we need leaders in this community, not the list of addresses where the sacrifices are taking place. what we need from you is a statement condemning this activity in the city of Miami.. It is known as leadership and the condemnation should be coming from you people sitting up there. Don't ask for names and add- resses, you wouldn't have enough men to cover all the houses where this is going on every night. This is a savage activity and the level of civilization of this city is going down. The level of American culture is going down, and Americans are not being fooled any longer by this regime. They are beginning to resist, they are beginning to resist the system that is causing linguistic and cultural oppression against them. Americans are resisting by refusing to cooperate with the bilingual system. They are becoming aware of who is discriminating against them in employment. They are not buying where they cannot work.. They are not permitting their children to be indoctrinated with Hispanic language and culture in the schools in order to prepare them to docile subjects for a two language system. Americans are joining the resistance and they are not going to accept the bilingual status of this city any longer. The bilingual status of this city is a renegade regime and it shol.ild be resisted by every American here and none of you should be reelected if you do not condemn it and remove it at once. Remove that sign. It is an insult to Americans to put a foreign language on top of Eng- lish. We are not a conquered people and we will not be reminded that we are secondary to the Spanish king, or whatever it is. (applause). The first thing_ you should do is get rid of that sign and not spend any more money for things of a similar nature. Americans are joining the resistance because the resistance in Miami has begun. (applause). Mayor Ferre: The next speaker on the budget will be Norma Post. Norma Post, 2061'TiRertail Avenue: I'm telling you I get very depressed and discouraged when I come down to hear these hearings because first of all, our intelligence is being insulted in so many ways at these hearings. We get charts put in front of us about the average price of homes in Miami is about $43,000.00 or some forty some odd thousand dollars. I'd like to know where you can find such a home in Miami and if you are using an average, that means that you found somewhere some building that has collapsed somewhere you found for around that price. Your average price is more like $88,000.00. So that is one insult. The other one is where we are about how much our taxes are decreased and Broward County and everywhere else the taxes are going up. Well the taxes in those other places didn't increase 150% last year as mine did, so they have a much lower start- ing point'to begin with. As far as all of these contributions that I hear being made of my money to many of these people that come here, many of them can't even speak English. They have to have c:jmebod; translate for them. [ wish I could speak..I can speak Spanish, but I can't speak well enough to get all these contri- butions that a lot of these people are getting, unfortunately. I'll be needing some with these increases of taxes. We are going to have festivals, we are going to have all :.inds of dancing in the streets while people can't pay their taxes. Are we going the way of Rome? Keep the people amused so they don't know what is going on in politics? Or we have to pay for the Latin Chamber of Commerce. I thought this was supposed to be a business organization. Since when does the city contribute to pay for a Chamber of Commerce so many thousands cf dollars? AS far as I can see, we are headed toward bankruptcy something like New York and I'd like to see how some sort of leadership in the other direction, I don't see any on this Commission. I see that there are always three Commissioners who are always ready to hand out our money. I don't see anybody objecting or asking for a_counta- bility and I think we are going to be heard in November very loudly. (applause) Mayor Ferre: P:lright, the next speaker is Juan Pascual, who I assume is not going to talk against bilingualism. Mr. Juan Pascual. Mr. Juan Pascual, 2201 S. W. 9th Avenue: First of all, I feel it is my duty as a citizen of the United States and it is your duty as Commissioners of the City of Miami and fellow citizens, not to quarrel here in the commission chambers as to one is Spanish or one is black or one is white. We are here to serve (applause) the whole community whether you are black, white, red, small or large. My only 165 SEP 2 111981 f t tease. for know here ebelieve you are ais for ware, areoallhaware offtheesituationt but issioners to b ,,,, we are worrying about the present so much, that we are not worrying about the future. And the future lies in the children of the community. if we start cut- ting this budget left and right for the benefit of the police department, and for the benefit of the fire department, and let me say one thing, I have epno quarrel with you raising and increasing the money that will be spent by depart- ment. I am the first one to agree that we need better and more police and fire protection. However, are we going to do this at the expense of the children.Cityof If you go to any City of Miami. park today, the only people Miami. parks are maybe one employee staff member at the park. Sometimes even on weekends the par'- department does not have enough money to put a staff member out there on the weekend. Now what does that result? Children i ofkball netco back- yards resort to playing touch football in the streets, to play uvenilcrime, the yards and that leads to only one thing: juvenile crime, and j police chief-, Chief Harms will tell you, that juvenile crime is probably the biggest headache in the ci.ty, because all they do is turn that juvenile in, the father slaps him cr, the back and says "don't do it again" and a week later, that child is back in fro;it of: a police officer again and the courts just have e think of ring door. I say, before you make a final decision n the bleafurther. This communi- one thing, don't tear the parks & recreation department any ty has thrived on the fart that it is the recreational capitol of the world, or at least of the United states and we should be ashamed of ourselves that we are to the point where we have absolutely no program in any of the city parks that are put there for the benefit of the children. The parks shouldn't be for the benefit of the street dealer as a lot of parks are right now. You can go through the city right now and Police Chief Harms can tell you that alot adultsparks, who they have ly peo- ple hanging out, young teenagers, old teenagers, young ere because that is their domain, that is the easiest access to who - to the children of the community to sell them the dope. And if we have staff members at those parks putting together programs to keep those kids off the streets and tokeep do h the the those b,peddlers and that isftohmakerbettertcitizensdofftomorrow. Thank you. our job, and Mr. Lacasa: Mr. Pascual, Iwant you morethat constructivebthantyour�hearings, in a my impression I never seen y presentation Mayor Ferre: For which I want to thank you for being positive rather than just plain negative. Alright, Mr. Lew Patrick is the next speaker. Mr. Patrick I think you have spoken before, we will recognize you again. Lew Patrick: Right, I am representing Soo members of a group called IMPACT. We are here tonight to ask you again to keep the budget as it was last year to do what you can to trim money from unnecessary expenditures,to spend the money saved from those ice and fire department and the waste department and to use trimming areas on the pol a little sound judgement in the trimming down of the budget. There is waste. There is waste tonight. Many people have spoken of the waste. You are aware of it, we are aware of it. We want to see it cease. Thank you. Mayor Ferre: The next speaker is Carole Fassett. I will read her address into the record so that mes to the podium. It is 4151 Barbarosa Avenue in she can begin speaking when she co Coconut Grove. Alright, Ms. Fassett. Carole Fasset"-: I am here to represent 25 homeowners in Coconut Grove. A lot of them have a lot to say, but this is basically it: We, the undersigned are The dises are mayed at your total disregard of the taxpayers of this community. very high and the services are already mediocre and dwindling. War on rvices the city should provide: police,fire' and terested in keeping the basic se pensate for the increase insanitation. We want a reduction 1I: the millage to com assessment. This was the recotmnendation of the state legislatllre.i1115r0 ouption 13 is around the corner and so are the voti. booths. 1,11 bass Mayor Ferre: The next .... oh I'm sorry. )did you conclude: your statement? The next speaker is Elvis Cruz, 631 N. E. 57th Streit. Elvis Cruz: Mayor, I'm not sure but I ITlay need more than 3 minutes, so I just figured I'd let you know beforehand. Also, before I begin, I'd like to have the City Clerk to swear me under oath. Ms. Hirai: Do you solemnly swear that all of the statements about to be made by you are the whole truth, so help you God? Mr. Cruz: I do. Gentlemen, it is my firm belief that if this city were to run itself efficiently and were to stop wasting money, then we would all have quality 166 SEP 2 A 1981 services an,A we wouldn't have these high taxes that we are faced with today. That is a general statement, but I am going to back it up with some extremely specific instances and that is why I ask myself to be put under oath. This past summer I had the dubious pleasure of being a manager for a city pool, Morningside Pool. While i was there, I was pretty amazed at the interworkings of the City of Miami government. For example: Morningside Pool is missing a diving board. It leas been missing a diving board for over a year. I asked for it repeatedly, I got nothing. That's minor. A little bigger - Morningside Pool leaks 4,500 gallons of water a day. I have measured it myself. I remind you, I am under oath. At tho height of the drought this past spring, Morning - side Pool was still leaking 4,500 gallons of water a day. My supervisor knew about it, but nothing was done. Now let's get away from inefficiency and get into outright illegality. Morningside Pool does not have the proper safety equip- ment as prescribed by law. I am holding a copy of the State of Florida Department of Health and Rehabilitative Services for administrative code, chapter 1OD-5. Morningside Pool does not have shepherd's crooks which are long poles with a curve at the end for rescuing drowning swimmers. Morningside Pool does not have 'life rings with a rope attached, allowing that ring to be thrown to any part of of the pool. You may consider that minor, it is against the 10-5.81(2). Morningside Pool and some of the other city pools. in particular Shenandoah, does not have the proper guard rails along either side of the diving board:;. This past summer a girl at Shenandoah Pool fell off the high dive. If a guard rail had been properly installed, she would have landed in the water. She landed on the pool deck. She broke her arm. Father Gibson, earlier tonight you men- tioned an old saying penny-wise and pound foolish". Well, you can be penny- wise by not having proper guard rails installed, but you are dollar foolish when that girl has to have her arm repaired at the hospital or when the city gets sued, that's very obvious negligence and I'm not a lawyer, but I feel it is. Backwashing - for the environmentalists in the audience, you would be interested to know that Morningside Pool backwashes into Biscayne Bay. I researched this very thoroughly with Dade County; this is very much against the law, in particu- lar,.Dade County Code, Chapter 2411-2. Morningside Pool backwashes approximately 5 to 10,000 gallons of opague brown water into Biscayne Bay every time it gets backwashed. Now very importantly, I don't want you guys to take this negatively. I don't want you to shut down Morningside Pool and all the other city pools. I'm hoping you take this positively. I want the situation to improve; I don't want it to be degraded, and I told this to my superiors over the summer. Nothing got done, so I tried qoinq public. I tried going throuqh the newspapers ( am al- most done), I tried goinq throuqh the newspapers and the city gave me a trophy and here it is, I usually hang :.t on the wall in my bedroom, it is entitled "letter of reprimand". There is a quick excerpt that says "contacting the city manager's office or the various news media will not be tolerated. Deviations from the stated procedures in the future will be met by disiplinary action". Now I realize I am asking a heck of a lot to ask you guys to run the city efficiently. It has been run inefficiently for so long, how can the leopard change its spots? I don't think the leopard can change its spots, but maybe we can change the leopard. Thank you. °I Mayor Ferre: Okay. The next speaker is Gene Slagger. Gene Slagger? Mr. i Slagger. Mr. Slagger: I live on Woodward Road in South Grove, and I went back through my records to 1975 and I find that my taxes 176 over '75 through the proposed tax increase here of 181 over 180, that my taxes have gone up 31% one year, 11% the next, 32.5% the next, 3.7% the next, 42.5% the next and the proposed would be 43%. I feel that on a two -bedroom, one-b:-.th house that $2,175.00 in taxes is too much money, plus the garbage pickup. I find that I am getting less in services j by paying more and I have less in my quality of life, and I am opposed to the tax increase. The trash piles up until I am sick and tired of it. It is week darn good after week after week. I am not critizing the garbagemen, they do a 1 job, they are usually there on Monday and Thursday and if it is hot, I give them a beer or a cold drink and I appreciate the good job they are doing. I don't know what the problem is in trash removal. It used to be that we got trash re- moval every Friday. Now we are lucky if we get it once a month. Another thing ! that I think that tins county need more than anything else is the cleanup of our court system and our legal profession. I see what is happening every day with the criminal element, and I am sick and tired of sending these people to institutions to the tune of o28,000.00 per person per year and giving them central air condition- - ing, wall to wall carpeting and the latest magazines. I think we ought to have the citizens' committee that watches our court system here and get rid of some of these flakey judges and lawyers that are only interested in their own self personal gain i and satisfaction. That is all I have to say. I really shouldn't be up here, be- cause my plans are to move out of this area anyway. I have had it here. I `f 7 SEP 2 4 1981 Mayor Ferre: Mr. Richard Rosinchan• E. 45th Stteet- M name is R:ichar3 Rosinchan and I tesideo (which i am the secte= Mr. Rosinchan: y the Buena Vista East Association, taxes because I ails here representing lain about our property hborhoodo our tary• We our purpose tonight is not to come ode enforcement in of the fact that -4e have had so alhencettle cour assessments have ustayed at such a low neighborhood has deteriorated an erty taxes are not that much fbecauseeof better codetime. enforwe wcoeul level that our prop prop erty values had risen be quite pleased if oul p P which is zilch, a higher taxes, but that is not the case. We are concerne ment and we had to pay getting in our neighborhood, the with the level of services that we are g building code en- - larl with regard to code enrorcem cement. Code enforcement, or I shouldsay nt � particularly T am talking ab lack of code enforcement, ail, which I have no ement, sanitation enforcement, and wherever I mention oto jail, h en ohave , forc to send people Clarence Patterson accuses me of wanting stir interest in doi_na, and for that matter, law enf areaePerhapsnt honntherpre- particu are These are the major neighborhood seems to be concentrated in ubliof horror stories mise that tiles and furniture haremore atethisotimettheap people. horror problems in our ne]Q in this country. But one of the most chillinghorror Reed Marilyn has become a major industry past two years. wasteful city expenditures over the past two and the stories that � have seen wasexpenditureslocal mimeographed tomb co -edited e some of theT" have already been consisting of a tabulation o I am not going to enumerate them, 'sable for your inspection. But we do ask that °�pVeeand to comevel of laliveces e list is available in to imp brought to the point where our neighborhood can begin ago. There are two zoning eight and ten y inspectors. We do and become viable as it was seven, and we need more zoning ere and see Mr. Salmon who is trying to do a job and is not being inspectors ill the field for the entire city on. We would rather see him given the not need to sit h picked on. needs so that he can help us so that we can get the value for our tax given the tools with wh3.ch to do it be p tools that he ne dollars. Thank you very much. Ma or Ferre: Thank you Richard. The next and the last SD eaker that I have i.s Y Mr. Luis Valencia. Mr. Valencia? address is 4651 West Flagler Strein_ M name is Luis Valto encia an s y ad Damn it. Enough is enough. Mr. Valencia: Y overtown, Coconut Grove, You Commissioners do not e you should tour parts of the city, we are stead of sitting down here y The streets are dirty, problems of this community* and what do you do here, Allapattah and see the department is loo fireman short, 186 police short, the fire dep we may not agree with President Reagan's Let me tell you something, especially the you sit down• which lacks this Commission, P policies, but he sure has leadership, our pet project, Watson Island. This Mayor. What do you do Mr. Mayor, what is y et you keep insisting on it.. I know it is problem and you citi- already, has Cost too much money and y Y P then you were two real funny. And you know the solutionryou funny, question yourself. Are y zees, you ask this the whole gang this November. (applause) years ago. We ought to dump eak? Mayor Ferr e: Thant, you Mr. Reisman and is there anybody else who wishes to sP Alright, 11 32nd Street. am John McBride. That last name was McBrideco John McBride: Again for the rerd, I Dint to all the statements that I Dint right now.. a P M last name is Mc - and I would like to make a P anti -Latin sentiment. y third genera Bride anti -bilingualism, ou all are probably heard this evenings generation American and Y Bride and I am a :,�cond g and it shouldn't make a bit of difference tion American, fourth generation American, generation American or some - to you whe*n and Lhat is what I have her You appreciate somebody who is a first d who is here working to be an Americato say. bo Y Mr. Lacasa: I than}; you very much, Mr. McBride. but because you are a well you didn't write your name down but for a very brief statement. Mayor Ferre: Alright, y I will recognize y known personality in this community, 11E3� N.E. g6t;► brief_ statement, Annette Eisenburg, Oka a Very pointed out that you want better Annette Eisenburg: y' You have all P to make a lot of enemies, Street in the city of ttianli. And } going aid officials I have a way °f reducing, and I am g h priced p services and all, of such big p" additional Ones. Look around C5i r°oIt` Yell have } pment coordinator. Y�� rpp0,00 for a colTununit darUfterlt heads in the city here, that it a;tikes Inc ar,d tYie a sistant del% I'd like all of the del�artInent brads to stand UP. 1 lileall it., all Of YOU. dollars are your ` sal ari s �c�r Miami whose to}= F>aYil'g vr,11 s-.- c(�llectin^ t•h what are VOU pafri'iti }OLl/ letrs �`ee W110 y011 are an Trade and C(7TItlbt-I'ct: . C011,e On. Stal d UI , avr011s are lrl th(' God' s sake , stand ui.. CUTTIE (?n what t t� I tl'..e k ind of Inor,ey , you Have I o i dt. a ir, these del:artlnents. kind of off1C]al , m- You nave n° idea what kind of � �stc tllel-r i�= City of iSi Git:i . e°+;l e I>)J the IUle: _llcraCy ,11d Well, these jcb5 a] e created for tliEse I SEA, How about standing up. I'm willing to stand up and stick my neck in a noose, You s? You see, and another thing ladies and gentlemen, they how about y 9uY o» what. You ask those don't live in the city of Miami. Okay, I'll tell y of Miami department heads who are sitting here tonight who They wouldn'tlive in the llive in the and pay taxes the same as you hand I to stand up. City of Miami. They are just willing to come here and to work and to mandin+g the salaries that they are. You can make the change in November by that the department heads who earn $57,000, $47,000, $88,000 move into the City of Miami. If it is good enough for you and I, it should be good enough for them. Mayor Ferre: Alright. Now I think without seven months ago. Mr. Carollo: Alright, that is somethingthat I said sboutaidsix is something that I'm glad you finally agree with me, Mrs. Eisenburg, I stated some six,seven months ago and I'm glad you finally agree I'm sure Mrs.Certainly. enburNow canfor showthose youfhowyou towho dostill half ofdon't recall. (laughter) Mrs. Eis 9 Mayor Ferre: Alright, alright. We're not here to discuss recall. proper rocedures. Par. Carollo Ma'm, I'd be more than happy to show you the prop p Mayer Ferre: Alright. Now we have concluded our budget public hearings. Is there a motion that these hearings be closed? Before we can make the motion, Mr. Mayor, I would like to help some of the other frignds and associates of Mrs. Eisenburg and a few others her, tme he ones who also were very concerned that Miami is a bilingual city. to leedo explain to you what is Pro uualtcity.hat ouSince you need to fhad oorderw in cedre failedrecallingythe lin away with Miami being a b g done is through majority of this Commission, the other acquire 50�thatofatheea stepvotes of the last city ren- dum. In a referandum, you need to 1979. You would need approximately under 19,000 validate election in November of signatures of registered voters and you have 30 days to acquire those way thaatewe so if you would like to follow that procedure, that is the democratic way under our charter to change the system. I would like to add that even have f people could not even come close to 6,000 though i30 days a certain group o signatures, I don't think they will even come close to 19,000. But that is the way it could be followed, Mayor Ferre: We have now a motion by Commissioner Lacasa, seconded by Commissioner y Is there further discussion Gibson to close the public portion of this hearing. on that motion? The preceding motion introduced by Conunissioner Lacasa and seconded by Commissioner Gibson was adopted unanimously. Mayor Ferre: Alright, the Chair now opens this for discussion among the members of the Commission. Mr. Plummer. cy Mr. plummer: Mr. Mayor, I offer at this time a motion that a Contiedrnundernthef $2,000,000.00 be established for the public safety as we did last y same terms and conditions, that none of the money can be expended without a four - fifth vote of this Commis --ion. I so move. a Mayor Ferre: Is there a second to that motion i Mr. Lacasa: Second. 1 Mayor Ferre: Alright. Is there further discussion on the motion? Call the roll, _ THEREUPON THE FOREGOING MOTION was introduced by Commissioner Plummer and seconded by Commissioner Lacasa and defeated by the following vote: AYES: Mr. Plummer, Mr. Lacasa NOES: Mr. Carollo,, Vice -Mayor Gibson, Mayor Ferre ON ROLL CALL - Carollo:. Mr Can I ask the City Manager if we are going to have enough money or not. Mr, Gary: Commissioner Carollo, to answer your question as to whether or not we will have the $2,000,000.00, the answer is yes and no. Ooot000,00me SpoWe arend to ttalkiiig Yes, if you are willing to cut other deprirtments by $2, about a reduction of 111 more positio n ,, ,• c WD 1 `h 319 Q81 Mr. Lacasa: Let the ask you this Mr. Manager, wF have $5,000,000.00 extra, ere is no $5,000,000.00 extraa allocated Departmenttcould nseo the y p those $5a0 0,,000.00hbecause they Way that the Police Department during the fiscal year 1982. cannot get off to 1,000 po ou know we need that money to get those 1,000 police - Mayor Ferre: oh come on, y we are not going to have 1,000. men. You take that money away, . Mayor. I am not taking absolutely Mr. Lacasa: I am not taking any money away$ Mr anything. hin What I submit to you is mot,- is going to take care of where it is coming from. Mr. Plomer: My next io the ce nt Mr. Lacasa: You have SS,Oaising theenumbbetra rlofepoliceooffi erslfromesevenewhatever for the basic purpose of ra 9 the fiscal year 1982 You will reach hundred up to 1,000. Do you think that during the 1,000 figure in the police officers? Mr. Gary: We will do the best we can to reach that figure, Comissioner. Mr. Lacasa: Realistically speaking, I know you will do the best you can. Real - based on the experience based on the fact that you have to istically speaking, the time that it takes, do you think do the recruiting, the training, etc., etc., that it is reasonable to expect thatseeup the additionall have 1,000 pon the $5,000,000,00? average all throughout the year to u P Mr. Gary: We would not have the 1,000 officers all throughout the year. It would be 186 plus the attrition figure whizh will be difficult to accomplish.of Mr. Lacasa: Therefore there will be, Mr, Manager, X number of dollars out that $5,000,000.00 that will be separate. . First of all, in view of the City Mr, Gary: I must clarify the chief response policy that we add additional 186 officers, I've instructed the Commission's P ear for which no funds are available toinsure Chief to continue classes this Y ommissioner's policy. Secondly, the dditional that we would implement the City C money that is left over, over and above what the dbllovertime�,lrnext which is not year's cost beginning this year is being taken up Y ate manpower adequate in Police Department budget to make sure that we have adequate in the streets. Mayor Ferre: Are we going to continue that? Mr. Gary: That money will be coming from excess that will be generated in the 5.6 million dollars. Mayor Ferre: But where will it come from this year? Mr. Gary: From your $2,000,000.00 fund. Mayor Ferre: Alright, what Lacasa is proposing, and that is, to take Mr. Manager, a $?.m the police budget is...is, don't know what we accomplished.. that, Mr. Mayor. I do not think that I am making Mr, Lacasa: I am not pro Posin g in sir.that I am proposing to pay myself clear with you tonight. I am not saying . cards. the $2,000,000.00 from the $5,000,00o.00 because that is a game proposing Mayor Ferre: Tell me how you are going to do it. 000,000.00 Mr. Lacasa: What I am telling you is there is no way we can use ou the $year of 000,00 without our - because they cannot have 1,000 PoolSoplusninhthosec$5a000ll t�oughout the y 1982, consequently there will b selves taking any monies from those $5,000,000,00. There will be a surplus, be- 1982, they cannot use up. Commissioner Lacasa, That's not what you are Mayor Ferre: I would vote with that, voting with. Now notice what Commissioner Plummer ialocontingencyufund, which onded. He has said that he wants to establish a sP where are you going to get is separate and apart of 52,000'000.00. - am asking, that it is going to come from the surplus of the $2,000,000.00? Yogi ares-ayingto hire 186 police officers, therefore that funds because if we are not going that I don't understand, You are right, money will be available, Now, you say 0 Mr, Plummer: How much did we save last year? Mr. Lacasa: Mr. Mayor, of the $5,000,000.00...... i Mr. Plummer.: Maybe I made my notion backward, once againdtoareii�istatetaeh�e6didr way around. My next motion 9 g to be last year the hiring freeze. I am trying to get a figure from the Manager a5 to what that saved last year.. Mayor. Ferre: Alright, are you withdrawing the previous motion? You want to leave it on the ballot. Mr. plummer: I'll. tell you, it is going to go hand in hand, Mr. Mayor, tIOV' which one do you want first, the chicken or the egg? the motion. We'll continue the rollcall Mayor Ferre: Yoi are the one making and see if you have a majority. Mr. plummer: The next motion that I make is the hiring freeze be put into effect as it was last year to create the fund to create a savings. Mavor Ferre: Do we have the figure: Mr. Gary: Approximately one-half million dollars. But let me just caution you. Last year we had 657 CETA employees. In addition, we had 200 additional s. We are talking about approximately g00 positions down General Fund employeea hiring freeze,you take the parks now, like from last year. Now implement they are going to pot - it is going to get even worse. I caution you in imple- menting that freeze. Mr. plummer: I caution you also, Mr. City Manager that the last City Manager that we went out the door because of that situation. I would also like freeze sat all. did not give an absolute freeze. We didn't ie an absolutsore come ze the public We made you come in the public, not your, your and justify each and every position, and in some cases we agreed with you, and in others we did not. And I see nothing wrong with that situation occuring this year again. Mr.Carollo: I think it is about time someone came ano eutnnd defends poor woold is Howard Gary. First Lacasa threatens his js the ones that threatenPl Yu uartoo next in line? You know what kinanteede' not'umany months back a contract his job now were the ones that year and if anytime you decided to get rid of for practically 51O0►O00.0O a y ears. him we still had to pay him in those two y Mr. plummer: Oh I'm not threatening Mr. Gary at all. of or Mr. Plummer: I'm not threatening him at all. =re asedidlast year 've me er not it is seconded that a motion, nhunder we instigate the hiring feez the same terms and conditions. Mayor Ferre: Is there a second to the motion made by Commissioner plummer? 1 Hearing none, it does for lack of a second. Now what's next? i to Mr. plwnmer: The only thing that is next to%,or mI,even vote whatn10% the budget. I tried to get it reduced by far as I am concerned it's a closed book. would reflect and as 171 M1 4Yy'; H �1 e zz�� r r rF SEP 2 41981 Mr. Carollo: Mr. Mayor, let me see if could try to teach some kind-; .., of compromise in how we could lower the budget a little WtO4 Y.. a Mayor Ferre: All right, go ahead. Mr. Carollo: we're the only city in Dade County and probably one of the few if not the only one in the State of Florida that still has curbside pickup. It's an election year, I know. Mayor Ferre: you'll learn. All right, now I'm ready, go ahead. Mr. Corolio: Look, if worst comes to worst I'll appoint Annette Eisenberg to the C:�*mis=ion and at least we'll have sol,�e,ne that's a real joker in here. But anyway, curbside pickup is somethLig the City of Miami has been used to for quite some time. Frankly, I .live right smack in the middle of the City in an average home and I bring my garbage cans out to the front. I think that the City of Miami could save somewh--re in the neighborhood of $4,000,000 probably more than that if we incluoc injuries that our workers sustain, and this is where the majority of the injuries come from in our City government, from the workers having to pick up all those heavy trash cans and take it so much further. I think that if we face reality, not raise the garbage fees, leave it as it is or maybe even bring it a little lower and cut the curbside pickup I think that's a considerable amount of money that we could save. Ht the same time I think that Mr. Patterson could help me out on this, we could possibly work out a solution where we might not necessarily have to have exact curbside pickup, it still might be feasible to save that much money and maybe leave the cans within maybe 20 feet of the sidewalk andrhe couldsomewhere give methat anneighborhood. whatBut hefthinkscould Mr. Patterson up he could be saved. Mayor Ferre: Mr. Patterson, I'll tell you before you answer that I would like to propose - I can go along with that Joe, I think that makes some sense but I would like to do it this way. I would go along with that if we did it this way: If we did it on a neighborhood basis. Now, we've talked about this before, and let the neighbors in that neighborhood de- cide. If they want their garbage picked up in the back then they're going to have to pay more and if they want their garabage mechanized then they pay less and let neighbors in their neighborhoods make that decision rather than us -making the decision. I'll go along with that. Mr. Lacasa: And how? Mr. Carollo: Not only that, but what I would like to present at the same time, Mr. Mayor, is another way that the City might be able to make as llion dollars or more a year, who knows, maybe much as maybe a half a mi ng it, in fact, cities in the County even more. But many cities are doi right now much smaller than our's are doing it and they're making money out of it and that is establishing a City ordinance where newspapers are not thrown in the trash and are placed on the side of the garbage where it could be picked up and recycled. I think that not only will doing a positive thing for the environment but at the same time I link thousand dollars a } a that could make us several hundred lot of us after we get done with our "l4iami National Inquirer", it's not in too good a shape, especially doesn't smell too well but. I think that we could all make an effort, and long zuncould couldplaced evennext atfewumogerbage cans, not in it I think In the dollars. n of your's entail a reduction in the Mr. Lacasa: would that propositio millage? if we could get morean estimate now, a true Mr. Carollo: It certainly would. estimate then we could reduce Mr. Lacasa: I'm wi-fling to support it if that entails a reduction in the millage. Mayor Ferre: Car, I recoleurcend the salve thing, but I think in a more effect - Mayor for garbage collection, is ive way of doing it 1=c ` re now c}largi rig Y c' 000 000? that correct? HO',d "Auc)i ltisli�y doEs that pi"vauCE eVcl"}' year about v , - 17 Mr. Patterson: That's about 6.2 million. Mayor Ferre: okay, so we've qot plenty of room. Okay? Now, you're not Proposing to increase that in this budget year, that remains the same, $75. The simple way of doing i� is you divide the City into reasonable neighborhoods. 1%ay? You then go on a neighborhood by neighborhood basis and have the people who we're rendering a service to, let them vote, let them decide if they want curbside pickup in a container or whether they wale* r?ckup in the backyard. if they as a nei_qhborhood vote for curbside pickup immediately you lower that fee. .4ow let me tell you why that's better. than a millage break, let me tell you why. It is the same number of dollars, however, the millage is tax deductible, the tax that you pay, but the garbar?e fee is not tax deductible. So in a way more effective way of doing it is by reducing that f-��. Now, let me give you another_ reason why it makes more sense to do it that way. Because today the taxeF paid. by the citizens of Miami - now listen to this - the residential portion of the taxes is only 40%. Now, when I became Mayor it was 60%, it is now down to 40% which means that 60% of the taxes of the City are paid for by other than homeowners. Okay? Now, if you do it by reducing the fee and putting the burden on the mill - age, in effect, you're getting the commercial section of town to pick up 60% of it. So for those two basic reasons, that should be the way we could do it. So in sum, you let the neighbor decide, you reduce the $75 de and it is a better deal for the people. where they eci , Mr. Carollo: Mr. Mayor, I have no problem with adding that addition to my resolution, that if a certain neighborhood wants the back side pick up still that they would pay an additional fee instead for that privilege. Mayor Ferre: I'll go with that. Mr. Lacasa: Additional to the 75? Mr. Carollo: Additional to the 75, now, I think that we could work this in two ways: Either one whatever amount of money we are going to save we take it directly out of the millage or (2) instead of taking it out of the millage we take it out of the $75 and I think.... Mr. Lacasa: That is tantamount, Joe, to an increase in the taxes on the fees of the garbage, that's what it is. I won't go for that. Mayor Ferre: Let me tell you how right he is about this. Let me tell you about this. Do you know how much it costs today to pick up the average person's garbage? $300 a year. Now we're charging $75 for that. The County is charging $140, is that right? Mr. Patterson: $211. Mayor Ferre: And that doesn't do it. Okay? So let's be truthful about what we're talking about. All these people are always complaining about what a terrible service they get from the City of Miami and how little service they get, we're picking up their garbage and if they had it picked up by the private sector it would cost well over $200 and the average tax- payer in the City of Miami is paying $358 of taxes and if they had to have garbage picked up it would cost almost that much. so I mean to tell You that I think that the fact, I think what Carollo is coming up wih kes a lot of sense. Mr. Carollo: Mr. Patterson, in your best estimation, sir, how many millions of dollars can we save if we go to this curbside pickup? Mr. Patterson: If we go to the regular conventional curbside without any kind of the mechanized systems such as the roll out container Euch as Dade County is now doing, you would save approximately 3.2 million dollars a year. Mr. Carollo: Approxiy:dtely 3.2 million dollars a year we'd save. Mr. Patterson: That :is correct. I might add, of course, that that would entail having to lay off approximately 185 to 190 employees..... Mayor Ferre: Wait a moment, you told me when we talked about this that if we did it through natuval attrition that we wouldn't have to lay off any- body. 173 SEP 2 1981 C71 Mr, Patterson: Well, we would not save the 3.2 million dollars, Mr. Mayot► if we went by w of attrition. We would do it over a year or two year period that way which means that we would only save a part of that money in the initial year. But ultimately it will save 3.2 million on dollars once when you would have gone through your attrition and laying off p P o it to this Commission before I re I recommended this coneetime.nedthBut inat wedanswer by attrition and not lay off all of the people at to Commissioner arollo's question, if we went to a curbside collection —1 and laid off those employees we would save 3.2 million dollars. —! let's look at the first year, the second Mr. Carollo: So the first year, year we could save 3.2 million dollars or more. But in the first year, if we're going to wait for natural attrition, what would be your estimate of what we could save, maybe half of that? Mr. Patterson: Probably about $800,000 the first year. Mr. Carollo: We're talking about approximately $1,000,000 in the first year then. nt to the mechanized system, how much would we Mayor Ferro: What if we we save there? i Mr. Patterson: We wouldn'tsanthelmechanizaedlsystem whichumeans d hat in 4 to amortize the cost of going intothe the containers that we would have f savingsto purchasthatuld we talk ofriftwenlaid off st year of savings. The firs cost MO the personnel of 3.2 million, the containers, the purchase of he containers ything would cost about 4.5 million dollars. So really y that is in the first year. if you went the containerization route, Mr. Plummer: What in the second? Mr. Patterson: The second year yes, you would start, you would save really the same 3.2 million that we're talking about but you would have to amortize the cost of the containers. Mr. Carollo: Mr. Mayor and members of the Commission, I think maybe the 4 best way of going at this, instead of taking it right of Would beatheis t ' taking it out of the garbage fee. Z think that probably best way of doing this and if there is a certain sector of town that decides the full am they want the extra service then they could pay ount or the extra charge. I'll make eo a aiparticular neighborhood wantso that affect, that thelty it and whatevertsav- curbside pickup unlesss the ings could be made be nalewould likout of e to$75 fee includew that we wouldnge.t antestim- same time in the motion would be saved on the second ? ate from the administration of how much money year on the garbage fee. now this is all based on neighborhoods making that Mayor Ferro: All right, decision on a neighbo&)od basis? Mr. Carollo: Exactly. is there a second to that the peop? certain- MayoronI will Ferre: All right, will ly second that motion based on the selection by lethe people be making that final decision, not us. Rev. Gibson: All right, you heard the motion, any discussion? All right, go ahead. Patterson: Mr. Mayor, I would just like to point out something to the Commission that perhaps you ougYlt to know and that is we will be talking about an administrative nightmare if we're talking about indiviGsals select- ing what type of service they want.. I can tell you that.... , sil, you didn't understand what Commissioner Carollo M�+'yor Ferre: No said. Now what sil ssianer Carollo raid is, and he didn't tell you how to design your neiytil�orhood, Mr-I'atteMnirsar;, he didn't say that IIaypoint 1"iert, I would imagine is a neiglll.)orhood, for exaln>le, you have to come back you would have, I thin), you fl&ve tl"le iItlsgiliatiOrl, 7 kIi04' j'01:'ve got. the intelligence to come back and design it in such a way tl,aL it could be he's riot telling you that individually ar,e iicuse of ter, houses done. Io4', will be 1>ack Hick " and ter, houses .ii ll be f rorlt yarn up, that's not what he'b talking about. 7 JEP 2 4 19 81 Mr. Carollo: No, certainly not, that would defeat the whole pufpose of, this motion. zk Bit. Lacasa: Who will decide that, 6 out of 10? Mayor Ferre: A majority. '. Mr. Lacasa: In other words you're going to take votes in each neighbor— hood and then the majority of people in each neighborhood will decide Mr. Carollo: That is correct. Mayor Ferre: The people, the majority in each neighborhood will make a decision for that neighborhood. Mr. Lacasa: And then what will be the savings? I bet that the savings will be.... _ Mayor Ferre: $4,000,000 if everybody, and I guarantee you that when people have a choice between paying for it of saving money that they are going to go for the savings. Rev. Gibson: All right, any further discussion? Call the roll, please. The preceding motion introduced by Commissioner Carollo and seconded by Mayor Ferre failed to pass by the following vote - AYES: Mr. Carollo and Mayor Ferre. �I NOES: Mr. Plummer, Mr. Lacasa and Rev. Gibson. 4 on, Mr. Mayor, that I would like to Mr. Carollo: Okay, the second moti ct.the City Manager to research and come back to present is that we instru us at the very next Commission Meeting with an ordinance to the effect that all newspapers, paper, printed paper, will be put aside separate from the i garbage so it could be recycled and the City could acquire additional funds how much money the City could save by from that and to get an estimate of doing that. Rev. Gibson: All right, discussion? Call the roll, please. b i The following motion was introducedy Commissioner Carollo who moved its adoption: ` MOTION No. 81-814 �f A MOTION OF THE CITY COMMISSION DIRECTING THE CITY MANAGER TO RESEARCH AND DRAFT AN ORDINANCE WHICH WOULD CAUSE MEMBERS OF OUR COMMUNITY TO SET ASIDE FROM THE GARBAGE EVERY SINGLE i NEWSPAPER THEY THROW AWAY IN ORDER THAT THEY MIGHT BE COL- LECTED TO BE USED IN RECYCLING; FURTHER DIRECTING THE CITY MANAGER TO COME BACK AT THE NEXT CITY COMMISSION MEETING WITH SUCH AN ORDINANCE FOR CONSIDERATION BY THE CITY COM- MISSION. t -! Upon being seconded by Mayor Ferre, the motion was passed and opted by the following vote- � AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. r. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre eft .. NOES: None. Mayor Ferre: Okay, any other ideas? Mr. Carollo: Come back with an ordinance. Mayor Ferre: All right, you'll come back with an ordinance on that, would you? All right, we now Have to either pass to defeat an ordinanc: defining and designating the territorial lirr�its and so on. Is there a motion? —i Mr. Lacasa: VILat is t17e motion, llir. Mayor? Mayor Ferre: I will read it: 1=ai ordinance defining and designating the territorial litrsts of the City of Mi&iii for the purposes of taxation, n eJ E f G 1981 ,.�� fixing the tentative millage and levying taxes in the City of Miami, ing Sep - Florida for the fiscal year beginningrabilitobclause198Andnthisdtax fiices tember 30, 1982; containing the millage at 9.036 mills for the General Fund and 1.717 for Debt Repay" ment, I think, yes, and the total millage would be 10.753. All right is there such a motion? This is the same thing we passed last time. Rev. Gibson: I move. ;- Mayor Ferre: Gibson moves, is there a second? Mr. Carollo: t to call time out for about 5 minute5 Do you all wan'1 A' Mayor Ferre: Thereupon at 11:05 P.M. Sure, we'll take a five minute break. cessed at 10:40 P.M, and teeOn"hed the City Commission re :. with all members present. Mr. plummer: Mr. Mayor, may I make an inquiry? sF:" Mayor Ferre: It all depenthe inquiry is. ds what the nature of z, Mr. Plummer: Reference to budget. Mayor Ferre: All right, sir. Mr. Plummer: becoming head First of all I would like tohief hascongratulate of Sanitation. Chief B just movesout of for County. Is Mr. Patterson here? Mayor Ferre: Is Chief Patterson here? Mr. Plummer: Yes, Chief Patterson, would you roll your mechanized Police Department in, please? You know, I laughed with everybody else when Annette Eisenberg got up here and did her spouting off as usual but there is one thing I want you to stand up on, Mr. Patterson. As I read from the budget, I think this Commission should need some justification of why in your depart- ment, sir, in the Office of Administrationyour employees average isl000 a $2,000►000 year, I would like that explained. on pagetomorrow for for 20 people. Now either there is a big mistake or I'm applying a job in your department t o jobI,you just get the sewn one after me. And if you come down to the bottom Mayor Ferre: Plummer, I know that the purpose of all of this is to wear all of us down and I want you to know that you're succeeding. Mr. Plummer: Well, Mr. Mayor, if you're not concerned about $100,000 salary, I am. Mayor Ferre: I an concerned but I'm also worn down at 11:05. Mr. Plummer: $2,049,015 for 20 people does seem like an awful lot of money to me. Mayor Ferre: May I recommend something? I know that they're related. . Mayor, that we get an answer and that Mr. Plummer: I would recommend, Mr is what I'm waiting for. Mr. Gary: We have an answer. We have budgeted for the whole Department, well, we have budgeted the r`c.etirement, Group Insurance and Workmens' Comp for the whole Department within the Director's office. Therefore, the Pension costs for all his divisions are within one.... Mr. Plummer: Well, that's not what your budget reads, this says ":ersorinel Services". Mr. Gary: Well, according to the Uniform Accounting Code. Pension costs, Workmens' Coml, is a. salary related cost and must be budgeted in the salary line item. Mr. Plummer: You're telling me that holds true throughout the budget? Ms. Gary: Yes, sir. 176 SEP 2 41961 t Mr. Patterson: I just lost my increase, Commissioner. Mr. Carollo: Howard, let's see if we could over some of the areas that we happened to find a few minutes ago. 1 think that you would agree that we alance of this year's budgete could probably have a $200,000 fund b Mr. Gary: Yes, sir. Mr. Carollo: okay, can you keep track? �1 r Mr. Surano: Yes, sir. Mr. Carollo: About $100,000 from the PP & L. Mr. Gary: Yes, sir. Mr. Carollo: That's $300,000. I figure maybe conservatively speaking $300,000 we could save still while acquiring all the additional new police officers but since they are all not going to be hired immediately we could save $300,000 out of that. Mr. Gary: Yes, sir. Mr. Carollo: We're talking about $600,000 there. The $5►000,000 pluosbdeol- lars, the additional new 186 officers, all that money is not going needed immediately, in fact, we're probably going to save more than $300,000 but I'd rather keep it at a conservative figure. There's $300,000 we could save and still hire the 186 officers. I think one area that I would certain- ly hope that some people on the Commission are willing to finally agreelwith, we have financed the Trade Fair of the Americas for several years now, think that in the first years it had a purpose, I think it is about time that private industry or other forms of other governments, State or County if they so wish would take up that whole burden. I think we've done enough in that area and I think that is another $200,000 we could, save. I think that we have financed this fair long enough, it is due time that the years that we have financed it ::hey have made sufficient contacts so that private It is about $800,000 there. Now, if we go enterprise could finance it. into the Social Service Programs that we have, we have about $900,Oearpbut aside for those. Granted, belts have been cut a lot already this y I think if we go down through them again we could probably cut a couple hundred thousand dollars out of that $900,000. I think we are about at $1►100,000. For festivals we have assigned $186, 000. If we don't even have the money to cut the grass in the parks or have the parks properly staffed how in the heck can we think of giving $183,000 for people to party? I think at the end that is going to be an area that private enterprise should look into financing. I'm talking about the whole figure of $186,000, just doing away with it. Mr. plummer: Well, let me make sure now. I would like to know, Mr. Gary, and I think this Commission is entitled to know, when you talk about cut- ting out festivals I think we need a list of what festivals are going to be cut out. Mayor Ferre: He said all festivals. tor. Pluirmer: Well, you're talking about the orange Bliss m Festival that we approved today, that would be immediately cut Out, Mr. Gary: For next year it would. Mr. Plummer: What do you mean for next year. Mayor Ferre: what he is saying is for next year's budget, this year's budget has already been approved. Mr. Plummer: All right, and are we talking about then also such things as the Calle Ocho? Mr. Gary: Yes, sir. 1 Mr. Plummer: I think everystdYofshould where we arewell goingaware and knowwhere exactly what going.I think we should have a we're doing. Mr. Gary: We have a list. 177 �,FP - 4 198E Mayor Ferre: Hey, we need to pass a budget here. I don't want to lose that Trade Fair any more than people here want to lose some of these carnivals. Mr. plummer: Well, I'm sure he's not finished are you, Mr. Carollo' Mr. Carollo: No, I'm not, you know, I'll be finished in a few minutes to give you all some time to condense this but I'll be throwing a few more at you. Mr. plummer: Yes, because I mean we're going to go right on down to the African Trade Fair, I assume if you want to get out of the Trade Fair y down the line. You know► contri- business we're going to go all the wa bution to the University of M ami, Ifestivhave no pr obodybhas wlem ith that. May I have the list, please, of th Mayor Ferre: No, he's talking about all festivals. ~` Mr. plumper: But, Mr. Mayor, I think we are entitled to know. f Mr. Carollo: Exactly what festivals period. I'll go along with that. E ,i Mr. Plummer: That's right. Mr. Gary: We'll have somebody to get it for you. Mr. Carollo: It's a total of $186,000, I'm not even sure myself how many - festivals that includes. Mr. plummer: Now also, let me ask another question. Mr. Carcllo, when you speak of the $900,000 in Social Services, that's to the Federal Revenue Sharing, correct, not to this general budget? That's a different ball game. Mr. Carollo: We could use that money, as I understand.... Mr. Plummer: Any savings you can transfer to the general budget, it that's what your intent is. Mr. Carollo: Exactly. Now, what I would like to do is go down program by program and start cutting some programs altogether, I. think we could find some that we could cut. Mr. plummer: Well, I have no problem with Ithat feel wherehave thissaid isenotethis that that is probably going to happen but evening addressing Federal Revenue Sharing, and I'm told that is on the 7th of October. Am I correct, Dena? Where is Dena? Mr. Gary: That's correct, but you can make a policy decision. Mr. plummer: I think it would only be fair that we face theat people eyto o eye, and I have no problem with that, especially those should have the right to be cut and they have to know it and I think they give any input that they want. I see is that we have 51,892,000.25 for Mr. Carollo: The other area that reserve for severence pay. Mr. Gary: That's going to be difficult to cut, contractually we have to pzy employees who resign or who leave the employment of the Cit...••••• Mr. Carollo: we have contracts with the unions on that, Ok. Mr. Gary: we have been running this year an average, well, we're going to probably run about 2.3 million dollars this year so this is less than what we have this year. Mr. Carollo: Okay, how about for, how about the Department of Aida ietion, Visitors and and is she here? Aida Levi tan's department, Public Informa Tourists, whatever it is called no Mr. Plummer: How much is that department? Mr. Gary: $550,000. Mr. Carollo: $550,000. 178 S E P G 4 1981 0 0 Mr. Plummer: We can save a half a million there. Mr. Carollo: Howard, what page would that be on? I'm h&Ving a l ttla difficulty finding it here.° Mr. Plummer: It's $515,000. Mr. Gary: Page 51. Mr. Carollo: No, it is $558,243. Mr. Gary: Yes, sir. Mr. Carollo: Okay, we have 15 people that are making $435,075. Mano, since you're our budget analyst, can you divide 15 into $435,075 for me? Mr. Surana: Yes, sir. Mr. Plummer: Keep it up, Joe, you're going to get to the 10% I asked for before. Mr. Surana: $29,000. Mr. Carollo: $29,000. That's a heck of a lot more than what the average Miamian makes. Mr. Plummer: That's right, a hell of a lot more. Mr. Carollo: What does the director and assistant director make there? Mr. Gary: Commissioner Carollo, just to correct the record, that's not' pure salary, a tot is Pension and Workmen's Comp. Mr. Plummer: Hey, it's still what it costs us for the employee. Mr. Gary: I agree. Mr. Surana: The salary only $22,500. Mr. Plummer: What happens if that department is completely eliminated? Mr. Gary: Well, you would have to keep the Pension costs because we always pay Pension after.... Mr. Plummer: No, eliminate the department. Mr. Carollo: Eliminate it, gone, adios. Mr. Gary: well, everything except Pension, Workmen's Comp.... Mr. Plummer: No, what happens to City operation if that department is abol- ished? Mr. Carccllo: Well, some people won't be making trips to Latin America, that's or,u thing that will happen. Mr. Gary: Well, primarily you're not going to be able to disseminate infor- mation to citizens, you're not going to have an agency that can give a positive image of the City. If you're willing to give that up... Mr. Plummer: You just saved $515,000 more. Mr. Carollo: Now, we're talking about $558,243 for the whole department. Are you keeping track of it Mano? How much are we up to now? Close to $2,000,000, right? Mr. Gary: commissioner Carollo, let him give you the real figure that you can cut out but you can't cut out all of it. Pension you can't obviously cut out. s Mr. Plummer: If there are no employees what Pension? Mr. Gary: Well, you always pay pension after the fact. You're now paying this year Pension for last year. 7 SF° 2 4 1981 Plummer: Ohs Okay, Mr. Plummer: Human Resources. Don't laugh Dena, you're next Mr. Carollo: office of the City Manager. Mr. Plummer: Joe, I told you to save that one until last. The 80-81, no, this is the office of internal Audit of the Mr. Carollo: Ti knew I had the wrong page here. ofiice of the City Man - City Manager. many subdivisions that are urliier that that ager. There are just so Labor Relations.... Mr. Surana: Page 47• anager's Okahere we go. Office of the city Manager, City M Mr. Carollo: people were hired, proposed for 81-82, 16 people to be 15 Office, 1980-81, hired. Howard, how can you justify to me if Dick posmoen did it with 15 people how come you need 16? Mr. Gary: i don't want to touch that one. Mr. Carollo: Who does? Mr. Plummer: Dick Fosmen went. rollo: Yes, os Fmoen went and we took two people to replace him ac-. Mr. Ca you want to bring him back and get rid of two cording to this here. If people I'm for it. Mr. Gary: Do You want me to get rid of two people? I'm saying is last year they had 15, you're asking Kr. Carollo: Well, what the 16 people will be raking $681,863. What is for 16 for next year and the average on that, ManO? 14r. Surana: $32,700. 14r. Carollo: $32,700, that's 16 divided into $681,863? I costs excluding Pension, Group Insurance, Mr. Surana: No, that's only payrol and Workmen's Comp, only payroll. Mr. Carollo: Would you come again on that? Mr. Surana: only payroll costs. Mr. Carollo: It's how much again? Mr. Surana: $32,700. Mr. Carollo: $32,700, they're better paid than the people over at the Tour- ist Department. Weil, Howard, how many people can you cut from that? knock out an Assistant City Manager and Mr. Gary: Well, if you force mP, knock out an Administrative Secretary I. Mr. Carollo: How much would we save? Mr. Gary: $66,000. Carollo: $B6,000, Mano, are you keeping track of that? mr. Surana: Yes. Kr. Carollo: okay, I'm trusting you now. 14r- Surana; if I may co back to information and visitors, we've got new numbers, $472,799. . how abut the Labor Relations office? Do we need all Mr. Carollo: Okay, re all happy. four people? The last I heard all the unions we Mr. Gary: yes, we need four. 180 *6 Carollo: What was the name of that program, if you racalli that l vas against that we created a director, three investigators, something like three secretaries? �3 Mr. Gary: OPC, Office of Professional Compliance. Mr. Carollo: Now, if got along without that office since 1896 when that ` palm tree was planted, I can't Gee why we can't do away with that whole office and, you know, get along another 50 plus years without it. How much is that going to cost us for next year? Mr. Gary: One secretary, three investigators and one director. Mr. Carollo: Five. J. L., do you have any problem with that? That's ;!that' Office of Professional Compliance, v167,000 almost. Mr. Plummer: Yes, but Joe, caution. I believe that is written into thy=: contract, if I'm not mistaken. It is not? Mr. Carollo: No. Mr. Plummer: It's not written into the labor contracts or anything? j Mr. Gary: No. Mr. Carollo: Look, the reason that office was created, when the Herald started with all their stories that led to the riots pushing for a Civilian Review Board this was a way of ap?easement. Now, it wasn't needed then it's not needed now, it was created for appeasement. Mr. Plummer: Put it in your laundry list and let's come back to it. Okay? 1 Mr. Carollo: It's $167,000. Mr. Plummer: Okay. Mr. Carollo: Convention Bureau, it's got a proposed budget of $268,174. Mr. Plummer: The Convention Bureau, Howard. Mr. Gary: Excuse me. Mr. Plummer: Excuse me, Joe, refresh my memory, what are you cutting out of Social Services, out of 900,000, what are you proposing? Mr. Carollo: Well, what I'm hoping is that we will be able to go down through all the programs that we have and be able to cut $200,000 out of that. Mr. Plummer: Are you talking about 200, 300, 400? Mr. Carollo: $200,000 out of the $900,000, there might be more, I don't_ know. Mr. Plummer: Okay, I'm just asking. Mr. Gary: Commissioner Carollo,.... 181 S E u 4 1981 ....._..-_._.... . W r Mr. Plummer; Is someone here, Howardl keeping a tab on all of this? Mr. Gary: The only problem wig„ -- h Dade County where in $15we Of tnar contractual relationship wit 268 000 comes from Dade County on the condition that we mainta�.n this $ you do this we lose the money from Dade County. level of expenditure, once y Mr. Carol lox Okay, so much for that one. How about Dena's office? Where } is Dena? Page 73 I think. Mr. Surana: Page 71. Mr". Carollo: Community Developm@nt, all divisions $565,145. What can we chop? Ms. Spillman: As long as we have to monitor Social Service Programs and run the Community Center you cannot cut us anymore. to reduce Social Programs by 2 to $300,000, ob- Mr. Plummer: Were going viously there will be a lot less administration, How much less? encies# COm- Ms. Spillman: Not that much, it depends on the number thg that really doesn't missioner, I mean you may end up cutting two agencies, lessen our load too much. We've already laid off 15 people in the Depart- ment and I've severely cut that division already. Mr. Carollo: How many do you have left, Dena, all together? Ms. Spillman: Eighty-one. That includes people out in the field as well as in the main office. Mr. Carollo: That's still a lot of people. Ms. Spillman: Commissioner, it is very herd to explain because my depart- other sources besides General Fund. I have 81 people ment is funded by General Fund. total in the Department, all of them are not funded by Mr. Carollo: How many are? Mr. Plummer: Excuse me, Joe. Howard, you see I tried to give you the lati- ould tude, Mr. Gary, to establish a 10$ cut across the board and it Dena,h°Dena, been a much more orderly fashion of doing things than back sayck and say what she you've got to cut your budget by loV and let her come ba ou see, this is exactly the pitfall danger that I was warn - would cut. Now, y Everybody is running around over here and no- ing you about two months ago. body knows... compute what that equates to in full time salaries. Mr. Gary: I'm trying to e Mr. Carollo: Computers and Communications, all divisions We're over e8, pa 9 icat al. It is $4,000,000 for Computers naCWnllnfindlwhere she could 10% puters and Communications, I m sure out herself. Well, approximately $2,000,000, in excess of $2,000,000 is fixed Mr. Gary: costs for telephones so we can't touch that: hones Is that for all the telep Mr. Carollo: $2,000,000 just for telephones? city-wide? Mr. Gary: City-wide. Mr. Carollo: Well, where can we cut? It seems that every other two or three months I see money going for new computers or something or the other there. Mr. Gary: They would use it for the fingerpric:t tc catch the apprehended criminal. Mr. Carollo: I don't know where you all rut thelCi, I don't see that many• ` � � ,` 4 Mr. Plummer: you're spending millions of dollars to try and correct a system that never worked in the first place. Mr. Gary: That's correct. Mr. Carollo: Who gave us that system, L-? Mr. Plummer: E-Systems. Mr. Ca rollo: Well, what can we cut from there, Howard? You've got adthinis- tration $392,000. 0,000 from Computers Capital Outlay. Mr. Gary: You can cut $10 Mr. Carollo: It's just $100,000 for computers in Capital Outlay? Mr. Gary: Yes, sir. Do you have that, Mano? The Mr. Carollo: That's better than nohad 63temployees, for 81-82 they're requiring Fii,ance Division, 80-81 they 86, an additional 23. How car. that be justified? Mr. Gary: Well, first of all we had a Booze -Allen study that reflected'a number of deficiencies in the Department and if youcorr do makeect it any his is what they any changes in recommended which I support wholeheartedly. the Finance Department, in my -- stimation, it is going to have a negative impact on our bond rating and I would recommend .nct to touch that at all. Mr. Carollo: Okay, we could touch the furniture that we haven't approved yet, right? How much is that going to come down to? Mr. Gary: Well, that's this year, it is in the capital budget. it and keep it for next year, earn some Mr. Carollo: Well, we could .,ave interest on it. Mr. Gary: That's correct, but it is going to be counter -productive to what ants us to achieve. I'm trying to achieve and what Booze -Allen w Mr, plummer: Yes, that's $300,000 for office furniture and renovations. Mr. Carollo: Send them the ones you all got rid of up there. Mr, plummer: That's $300,000, right? . Gar dition in the back, you know it Mr. : Yes, sir, if you look at the con Y is needed. Mr,. Plummer: Mr. Gary, it no different than the cockroaches in my office. Mr. Gary,; you work part time. that statement to tell you that the rest Mr. Plummer: I won't retort on back there do the same. Commissioner Carollo, one of the things that I'm trying to do, Mr. Gary: improve the working conditions to excuse me, in that Department is not only P improve the caliber of personnel.... Mr. Carollo: That's $300,0 00 in furniture. Mr. Gary: No, it isn't $to0the0buildingfurniture, hereis a thinknitiis °aboutr180 niture and modifications or something less than that for furniture. Mr. Carollo: It's about $300,000 then altogether. Mr. Gary: Totally, for the whole renovation, all of it is not for furniture. Mr. Carollo: Write that QO`°' Rano• If we cut a few other people, about 6 moe or 7 or 8 more there that should iakeework fromn63tton86betHow/manyhpeoplercan room. That's Fa big increase, 23 people, cut from those 23, Howard? Mr. Plummer: Where are you, Joe, what page? 183 SEP 2 41981 C t Hr► Carollo: 88. Mr, Gary: 10.4. Mr. Carollo: How much of savih�ja rye $60,000. �ws r M 7lii Mr. Carollo: And many do you (need to reach 100? ,. � { Mr. Gary: Six. Mr. ow about the Print Shop? Carollo: Six it is. H Mr . Gary: It i-s my recommendation that that not be own keep. reduced, it earns it Mr. Carollo: How much money are we talking about in Mr. Gary: Approximately $ 400,000, $398,398. there?, � h , Mr. Carollo: We can't reduce it at all? Mr. Gary: No, sir. Carollo: How about that news letter that we send out ev^ry month br s Mr. o". how much does that cost a year? Mr. Gary: That Office of Information and Visitors, th�►tiF where that money is. Mr. Carollo: You chopped that one out, right? Mr. Gary: Yes. Mr. Carollo: You don't get your name.... Now in that budget from the Print Shop, what other additional paper work does that include that we send out on a monthly or a quarterly basis that we could do without? Mr. Gary: Other than the newsletter I would say nothing else. Mr. Carollo: How much does that come to? Mr. Gary: Well you cut it out.... Mr. Carollo: Yes, but how much did that come toapp Mr. Gary : The newsletter? Mr. Carollo: Yes. tely? kL S� Mr. Gary: $1,500 per issue times 12. Mr. Carollo: Okay, 18. How much are we up to now, Mano? Mr. Surana: 2.1 million plus $300,000, 2.4 million. Mr. Carollo: Human Resources, it's got a budget of $1,424,147, 39 employees. going to personnel services. Somebody wants to volunteer? Mx. Gary: Cut three positions. Mr. Carollo: How much savings? Mr. Gary: $45,000. Mr. Carollo: How much does the Director and the Assistant Director make? Mr. Gary: ;4bout $59,000 for the Director, $41,000 for the Assistant Director. ple Mr. Carollo; It. i�` 7'izat ` s where Dart °f °110ur I'i°h iumRan�Resources. How oabout t in40, 000 here and 35 there, 50 there - their operating expenses? Mr. Plummer: Joe, once you get finished vit'tl that, ono of the things that I _ ^, think that we need to look at 4md is not really addressed in the overWllstart purchasing► not the Purchasing Department but purchases perse. When etalking about $300,000 for the Finance Department and we start talking about some of these others I think that is an area that really cries out for atten- tion so I would hope that we would go through that. Mr. Gary: You can reduce the employee awards, it's $23,250. Mr. Carollo: $23,250? So what's the total amount that we're talking about for that department? Mr. Surana: $68,000. Mr. Carollo: We might have to come back to that and make it an even 100. Leisure Service, is there anywhere else we could cut there? Mr. Gary: 24o, sir. Mr. Carollo: How about Leisure Service, Office of the Director? Mr. Gary: We can save $145,000 if you pass the increase in the Days Care FeIet which is scheduled on the agenda today. Mr. Carollo: Management and Budget. le ri ht? Mr. Gary: I guess he wants to set the ex -tip , g There isn't going to be anything left to Manage or budget, so... Mr. Plummer: Mr. Carollo: ing to Mano. Well, we've only taken out not even two and a half million accord Mr. Plummer: Well, if you eliminated in one department $515,000 I can't believe that it is only a $2,000,000 total. Mr. Gary: Cut two positions, $40,000. Mr. Carollo: It's got to be better than that, Howard, it is almost a million dollars in salaries alone. Mr. Surana: That includes Pension, Group Insurance and everything. Mr. Plummer: Marro, we want to see your tax bill, we want to explain it to you. Mr. Carollo: The Parks Division is out of the question. Mr. Gary: I recommend no further cuts there. Mr. Carollo: How about Planning, all divisions? That brings me to the ques- tiE;-'., why do we even need a group of people to handle the zoning and planning k..<rds? Why can't the Planning Department car the Zoning Department directly handle those boards, just do away with that whole little group there? How much would that save us if we did that? Let the Planning Department itself handle the Planning Board and the Zoning Department itself handle the »ing Board. Mr. Gary: Let me compute that for you. Mr. Carollo: That's $252,170 of the Planning and Zoning Boards Administration. it's $150,921 is because you have by law ad - Mr. Gary: $150,921, the reason vertising requirements for zoning matters. Mr. Carollo: Okay, have you got that down, Mano? Mr. Surana: Yes. Mr. Carollo: Would there be any problem with the Planning or Zoning Depart- ments handling that job instead? Mr. Gary: Well, obviously if Planning has to absorb that function there are some of the functions that Planning is now performing that would have to be foregone. 109 SEP 2 4 198J It-, t Mr. Carollo: We're going to have to make that decision then. How much money do we have now, Mano? Mr. Surana: 2.8 million. Mr. Carollo: How about in public Works? to ing budget Mr. Gary: It is a converse r^tais depap with regarcomesdfromrthecGeneralsObligation in that most of the money for this depaey m Bond money for capital projects that they monitor. Mr. Carollo: Eniighten me, Howard, how much can we cut from there? Mr. Gary: It will be counter -productive. If you notice, we've already cut 34 positions and it will be ouucutrthatductive in departmenttthenthis yourdbondtfundslarein- anced by bond funds and if y going to suffer and your capital projects are going to suffer. Mr. Carollo: You went from 258last year to i slready, didn't9a lot of we? cuts already. We went over Trade Mr. Gary: No, we didn't. Mr. Carollo: It's $393,060. Mr. Gary: Yes, sir. Mr. Carollo: How much can we cut from there? Since ;they�donit,hav tobrry �; about trade fairs anymore, that's one of the things they do here. . Mr. Gary: No, they weren't responsible for the trade fair. Mr. Plummer: You've already cut the trade fair. Mr. Carollo: It ways here, "to serve 500 clients fairs athrnd ugh its promotional event programs which shall include #4 trade ut that's non -Latin American Trade Fairs.... Mr. Gary: Yes, b r laundry list, you have 200,000 for the Trade Fair Mr. Plummer: Mano, on you - of the Americas. Mr. Surana: Yes. Mr. Plummer: $100,000 for the African Trade Fair. Mr. Surana: Not on my list, no..... Mr. plummer: Yes, that was said that we werire goingCorrout Of Of shed trade fairyou,say business and let private industry g 0 into both of the trade fairs? 200 for the Trade Fair of the Americas and 100 for the African? ch have we committed ourselves up to now Mr. Carollo: Let me be fair, how mu to the Af.�ican Trade Fair? Mr. Gary: $100,000. Mr. Carollo: Have we committed to that? Mr. Gary: $100,000 just for this year, not for next year. For next year nothing, we're not committed to anything. Mr. Carollo: For next year nothing but this year we're covered already, Mr. Gary: Yes, sir. Mayor Ferre: Well, do you have anything in the budget for next year? Mr. Gary: Yes, $100,000. Mr. Plummer: So that's cut out. Mr. Carollo: Yes, and 200 for the Trade Fair of the Americas, that's included in there already. 100 V` ,. r I M V �I. Ms. plmer: Mr. Knox, while theyr 'e looking up whatever figures they have to look up, it is my understanding that since this is a Second Reading - is that correct? - that there are proposals here for major major changes and that will stop, in effect, a Second Reading this evening, is titan ^orrect? You cannot Second Read something that is of major substantial change. Mr. Knox: Well, if you determine that the changes that are being made are material you are correct. Mr. Plummer: Keep on going. Joe. Mr. Carollo: Do we have a lot of people, if any, that make $30,000 and above, that their pay scale is covered by Civil Service? Do we have any let's say Police Sergeants that would fall under that? Mr. Gary: Yes, Police and Fire primarily. Mr.-Carollo: That many that make $30,000 a year, huh? Mr. Gary: Yes, sir. Mr. Carollo: Well, my next motion would be then - I'll make this a little i later on, maybe you could come to some estimate of how much we'll save, that anyone that makes $35,000 and above, unless we're bound by Civil Service con- _ tracts, gets a 3% reduction. Mr. Plummer: Is that for all employees of 35 and above, not just Police? Mr. Carollo: No, I'm not talking about Police, the only thing that came to my mind, there might be some sergeants or lieutenants that might be somewhere in that pay level..... Mayor Ferre: $35,000? Mr. Carollo: Times are changing., r' Mr. Plummer: Oh sure, you've got,lientenants. Mayor Ferre: Making $35,000? Lieutenants, but not sergeants. Mt.'piummer: No, he's talking about and above 35 which would probably cover lieutenants and captains. Mr. Carollo: ...get a reduction of 3% in salary. I'm talking abc.ut all the employees of the City, J. L., across the board, not just Police or.... Mr. Plummer: In other words you're saying that all employees across the board take a 3% cut above $35,000? Mr. Carollo: That's correct. Rev. Gibson: well, let me ask, if they're governed by Civil Service how could you do that? Mr. Carollo: I just stated that if they're under any Civil Service contracts we won't be able to do that. I don't think at that level we'll have too many though. Rev. Gibson: You're saying that any employee who is not under Civil Service must get a 3% cut? Mr. Carollo: Can you.... Mr. Gary: Commissioner Carollo, I assume that all those people who are governed by employee contracts are not affected. Mr. Carollo: Well, I can't imagine of too many being covered by employee con- tracts outside of the different unions that we have, Howard. In fact, I can only think of one that might be covered by a contract right now. LAUGHTER Mr. Gary: Well, for the record, I think there are approximately 110 people mAkina over 535.000. 187 SEP 24 1981 Mr. Carollo: That are not covered? 43 of those are in Police and Fire, the rest are nbfla Mr. Gary: 110 total. Police and Fire. And how many of those would be covered by contracts, the vast Mr. Carollo: majority? All of the Police and Fire, and I would have to research to deter" Mr. Gary: mine how many of the others are covered by contracts. Mr. Carollo: well, you're going to have tc get me some figures on that, you to be finished know tomorrow some time, Howard. I don't think we're going y today. plummet: Mr. Carollo, six seconds ago we were into tomorrow. Mr.Mr. Carollo: Okay, in the afternoon. Mayor Ferre: All right, how much does that add up to? Mr. Surana: 2.9 million. I just forgot one here. How about the Watson Island Build- Mr. Carollo: Oh, ing Custodial Service? Mayor Ferre: I was waiting. Mr. Carollo: That's $450, I was looking on the wrong line. That's the Watson Building, that's downtown, not Watson Island. M`, Gary: Mr. Plummer: That's 65 S. W. 1st Street, that's not an island. Mayor Ferre: That's called the Jack Watson Building. we ready? It's about 2.9 but that does not include Mayor Ferre: Okay, are the $35,000 plus which is about 100 people. the 3% cut on And also taking into consideration the consequences. Mr. Gary: Mr. Carollo: You could probably figure about $3,000,000. Mayor Ferre: Give or take, mostly give. i Mr. Carollo: How much more can we.... Mayor Ferre: Make your motion, Joe, so we can move along. is that we figure out how much our Millage Mr. Carollo: Mr. Mayor, my motion these $3,000,000 from the budget and we'll Rate will be lowered by cutting accept it as that. All right, is there a second to that motr.on? Mayor Ferre: well, let me ask this question. Mr. Gary, $3,000,000 of Mr. Plummer: is that? Isn t 132 the proposed? 132, what percentage Mr. Gary: Yes, 137. . r c} Mr. Carollo: That's 3% less than that? Sf, Mr. Plummer: And if we went to 5% that would be how much? 7, z Mayor Ferre: Oh, you want to up the ante, huh? L., in all reality if we're going to go to Mr. Carollo: Look, J. Mr. Plummer: 110, I'm just asking. Mr. Surana: 6.9 Mr. Plummer: 6.9, call it 7. So this is actually a little less than 2. All right, now tell me exactly, Mr. Carollo, what your motion is. 0 Mr. Carollo: My motion is that we cut all this from the budget.... i _+ Mayor Ferre: What he has outlined in the last hour. w; Mr. Carollo: And that unless there are any additional Weearetgoingptdfind that we adopt a millage rate in comparison to whatever lower from the budget according to this here. Mayor Ferre: That much less, $3,000#000 less. In other words instead Of raise $59,000,000 for aillage. raising $62,000,000 we wouldother words Mr. Plummer: Oh, I see what you mean,and ithen andlrepriori ized,that money would be a reduction rather than funneled Mr. Carollo: Right. _ Mayor Ferre: No, see, our increase is 7.4 million dollars and what he is saying is that he wants to reduce 3 million of that 7.4 million dollar in- _ ave a 4.4 million dollar increase. crease so that, in effect, we would heed ' Mr. Carollo: And do it in the way yin tthathose as agmentst,petc. Thaon here, t'sDepartments lin the that we talked about, the cuts record so the City Clerk.... Mr. Plummer: you know, let me put it up front. I can't live with some of _ the cuts and some of them I welcome. Mayor Ferre: Hey look, he has a motion, do you want to second it for put - poses of discussion? There is a motounon want tto second forhe floor, is discussion orhere a not?,, There is a motion on the floor, do yo Mr. Plummer: Well yes, I'll second it for discussion purposes. Mayor Ferre: Okay, now go ahead and talk. Mr. Plummer: Mr. Mayor, where my problem is, and you know that's what makes ball games, that I have a disagreement with some of the areas. I would much prefer, Joe, to instruct the Manager to effect a 3% reduction whichis about the same ballpark of where you are. Okay? And let the Manage back to us with his professionals and tell us where he feels those cuts can most effectively be made and that he could live with. Now, I'm not saying that I would agree with him but I want to do what I did some 60 days ago, give him the opportunity to make those cuts and do it, you know, knowing the full spectrum across the board. where we're at. We have a motion on the Mayor Ferre: All right, now here's flood, seconded for purposes of discussion, Plummer is recommending that rather than doing it by specifics that you do it on tion,an across the board basis and let the Manager come back Mr. Plummer: No, I did not say across the board, Mr. Mayor. Mayor Ferre: No, I'm sorry, I stand corrected. Come back with the recom- mendations other than the Police and.... Mr. Plummer: Effecting the same amount of dollars. Mr. Carollo: Effecting the same amount of dollars, now what I"d like to do, J. L., is if we're going to be doing it this way the pressure is going to be on Gary even more, I think after a good night's sleep he is going to be en- lightened and he will find some additional areas. We're talking that the in- crease is going to be 13.4%. So that piano here could keep track of this a whole lot easier, I'll make a substitute motion to make it 3.4% under the same conditions that we discussed here. Mayor Ferre: tle bit more. That means okay, that ups the ante a lit that 3.4$. Mr. Carollo: 3.4%, so it is only going to be 10%. Mr. Pl �nmer: All right, then letrecounderstand ush,ere we arernotoadopti adopting is the for the Manager to come back and Millage tonight. i Mr. Carollo: No, we are not. 185 Mr. Plummer: Okay. SEP 2 4 1981 1 Mayor Ferre: Is that seconded, Plummer? Mr. Plummer: Yes, 3.4. You know, I can deviate from thatwhet he eoiftO with his report in any way that I want but I want to dive him the OP - back back with to do what he feels is best and what can live with since he it portthe Manager. Mr. Carollo: Mr. Gary, of course if4you find additional areas to cut you know that's great but at leas Mr. Gary: 3.4 a+illion? Mayor Ferre: No, sir, 3.4% of the total budget of 137, it's over $4,000,0001` 4.7 million dollars. Is there further discussion? All right, call the roll,. please. The preceding motion introduced by Commissioner Carollo and seconded by Commissioner Plummer failed to pass by the following vote - AYES: Mr. Carollo and Mr. Plummer. NOES: Mr. Lacasa, Rev. Gibson and Mayor Ferre. t5r. Lacasa: Mr. Ma,,or, I want to commend Commissioner Carollo for the tremend- ous effort that he has made tonight in trying to cut the budget. However, feel that there is one missing item here and that is the impact on services. We have built throughout the years in the City a certain degree of service, delivery capabilities which unfortunately needs a budget in order to be sus- _ained. So to make it short and in order to achieve a solution tonight, I am going to propose that we adopt the budget as presented with this reduction basically on three items: (1) We can have $220,000 additional dollars here by increasing the fund balance from this year to the next, we can shift $100,000 from the Florida Power and Light, from the Capital Improvements to operations and finally we will be saving $300,000 from the $5,000,000 allocated to the Police Department by the simple fact that they won't be able in all probabil- ity to get to the total number of police officers to complete the 1,000 police officers during the fiscal year of 1982. So that will add up to a savings of $620,000 additional savings because we have already saved over $1,000,000 by keeping the millage in the same fashion that it was last year. So actually we are further reducing our tax impact and this is probably one of the very few municipalties in the United States that has done so in this particular year. That is my motion. Mayor Ferre: Figure out what that amounts toon he/record, are on the lyou .lright, able to is there a second to that motion. Mr. Gary, live with that? Mr. Gary: Yes, sir. Mr. Carollo: That was part, Mr. Mayor, of my original motion but I still don't think it is anywhere near enough. Mayor Ferre: That's why I think Commissioner Lacasa began by commending you for doing it but disagreeing with the extent. Now, we have a motion on the floor and we need to see if there is a second. Rev. Gibson: Well, let him tell us that figure before we.... before I ask for the second, the question has been Mayor Ferre: All right, = asked as to what the millage would then be. Mr. Surana: From 9.036. Mr. Plummer: What is the difference? Mayor Ferre: Well, but it gets us under 9. g` r , V T y Mr. Carollo: Come again, Mano, what is the difference?� , Mr. Surana: .089. Mayor Ferre: It gets us under 9. It is 8.947. All right. e 24'1 190 H981 Mr, plummmer: well, but, Mr. Mayor, are we going to give up all of the areas jr., which there were propoped reduction about the World Trade Fair, the African, are we going to give all of that up? Plummer, the maker of the motion was as explicit as he could Mayor Ferre: Mr. not have a second so the be, you heard him just as well as i. did. Now, he may 600 and some odd point is he is now willing to,reduce the budget further by thousand dollars which amounts to a millage rate of 8.947. Is there a second? Rev. Gibson: I second that. ond. Is there further discussion? Mayor Ferre: There is a sec Rev. Gibson: Let me make sure I understand. Mr. Manager, for the record, I _ would hope that this gives you enough flexibility to orderly deal with the _ o be able to do that I don't business of this City. Now, if we're not going t want to second the motion. I'm not criticizing anybody, but I just find it hard to go through departments and say, "Well, I think this ought to be out here and this ought to be out here and this ought to he out here"., not con- _ scious of what real effect that does to Now, I know that excivdes Fire and Police,nIeds and runderstand ohis real But... City. Mayor Ferre: Howard, you heard the question .from Father, Gibson, can you live with that? Commissioner Gibson, what Commissioner Lacasa recommended I can Mr. Gary: live with. Rev. Gibson: I just want to make sure because it pains me to know uldbt at some we do what we just had recommended, my God, you arms cut off, some legs cut off, you know. Mr. Carollo: Arms and legs that nged to be cut off. uld hope ke Rev. Gibson: Well, I agree, but I woheard Mr. Carollo reManager, let e ferto,someofathese sure. some of these things that you things are more or less luxury to us in a real sense and, therefore, when you of come back here I hope that means that you will take into forthrightly deal that al lthem. these things that represent luxury, that you will I shall never forget we l servicee time ago, and I rer--mber programs. 1 remember this about getting into social s P want to listen to that and we pointed out the great dangers, how we tried, to turn if you remember, Mr. Mayor and members of the Commission, over some of these social service programs to the County inMsomepinsta County and they unequivocally told uncesolitan dthey s where to go. An sent some to us. Now, I don't think we could afford to gamble on some of the major services in this City which would makes themotion look ad,inefficient and the we'd get to be ridiculous. So I'm going light fact that the Manager says he could live with the motion that's being made -�' and that you are coming back forthwith with some specific positive recrmmenda- tions for us to live with and deal with. Mr, Plummer: Father, you're kidding yourself, once you set the millage you're set. Him coming back at a later date doesn't affect the millage, it doesn't affect the nitlage at all. Mr. Carollo: That's right, andhat armsright, thatand needthe t truth cutfoffthe thematter, truthGibson, is that you talk about g.- the matter is we need some heads cut off. Mayor Ferre: That's what we're worried about. Rev. Gibson: Well, I'm not gving uldtnotsay takethat theyou gambledon't onneed cutti g offheads thecut t we off but I would hope that P wrong heads. the 3 to 3.4 to let the Manager come back Mr, Pl;:ituner: That's why I offered and tell us what he cou13 cut. Rev. Gibson: Well, I would hope that wit2, the motion that you have a second on, that I seconded, that the V,&na,9er would take that into consideration. i S Mayor Ferre: All right, the Chair is now going to rule ..... t+.. plu►nriler: It makes no differen Ni ce you set the millage is what I'm saying.SEP 2 4 1981 Mayor Ferre: Plummer, you're not going to get it, us proceed orderly now. Call the roll. t the votes are here, let Mr. Plummer: well now, I have to ask my legal question. Mayor Ferre: Go ahead. Mr. Plummer: Mr. Knox, there is substantial changes been made. : well, now, the City Commission is the entity which decides whether Mr. Knox : or not those changes were material. Plu mmer: I know where to make the next budget cut. It's a wonder he counsel to advise him on it. didn't want outside d that in that form, is there further. Mayor Ferre: Having answere.... ur meetings, but it is time to vote now. Call' I know you like these late ho the roll. The following motion was introduced by Commissioner Lacasa who moved its adoption: MOTION NO. 81-815 A MOTION OF THE CITY COMMISSION APPRING THE FY EXCEPT BFOR THE BUDGET, AS PRESENTED BY THE ADMINISTRATION, FOLLOWING REDJCTIONS : 1. ADD $220,000 BY INCREASING THE FUND BALANCE FROM THIS YEAR TO THE NEXT; 2. SHIFT $100,000 FROM THE FLO ERATIONS;RpNDLIGHT CAPITAL IMPROVEMENTS, TO 3. SAVE $300,000 FROM THE $5,000,000 ORIGINALLY ALLOCATED TO THE POLICE DEPARTMENTTER OF OFFICERS WON'T BE ABLE TO HIRE INCE THEY TH ORIGINALLY ANTICIPATED FOR FY e1-82; WHICH STEPS WOULD RESULT IN A TOTAL �DECMILLAGE RATE, TO 8I947. ADDITIONAL SAVINGS, THEREBY REDUCING TH seconded by Commissioner Gibson, the motion was passed and Upon being � opted by the following vote- ' Commissioner Armando Lacasa AYES: Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner Joe Carollo Commissioner,J. L. Plummer, Jr. ON ROLL CALL: we Mr. Plummer: live got to vote negative even though First andtSecondoRe Read - be even be voting because of substantial changes opportunity to make even further ing. I m very disappointed that we had the opp to saythat. reductions and now we're built into this millag , I'm sorry e mayor Ferre: In voting let me state thcomes fromat of the $ the,adO get i Y valorem dtaxes, ate this means just over $61,000,000 of Fran 000,000 the homeowners of this community, rest comes from other sources - licenses, fees, Florida Power and Light chile, Southern Bell, now of that $6 000, 36,000,000. Now that means that out o� this budge of this City crily pay $ else pays $1.001000, of 136 the homeowner pays $36,000,000 and somebody e cost the commercial nectar and these differdnirlEoouCebv kyards Of oar,dme �the averaghat we e• •s- Now for that, your garbage is collected Year according tc the state per home for your tuxes th�it you're paying this y that must be certified to the State tical and accurate i11for�nation that comes, < < e Household tax, you also get police protection of Florida and audited is $358. tvo�a for that r3'6 averts et fire protection get your garbage Pic"o up which costs 300, } you a1.4o g even though yo>.• 11na.y r;ot b€: satisifed with it and y you save c, c aYt:7il�.tlt in then CaL1ntX'y. II"1 lI'tL1ra-IICC= 1G11E, } and the he t Yixe p of MialYi as campmrcd to Living in _ $75 a year in the average houvr in the City y You live in tiie Caurlty, that G1T�� house that you live in, o the County • if } year. i.n acidi t i an to � Yli ch we have would pay $75 extra ill inburaxlcr- cots a } yet to finibh the bargaining with the Police and the Wirt Depart-ziel- - which are not finished and which are not 9a' a well at this pGlTit sa we do riot a ,int tide police and F'iYe U.partments — know what we are going to be ending up F`Y 3 I and what he has isn't going to be covered because these people are not going to accept that. So we may have to cut further depending on what it Is that we end up with. Now, I want to tell you I want to address one other issue. Yes, I know that there are people who do not like the Trade Fair of the Americas, I understand that, or any trade fair, or the Department of Commerce and all of these other functions that we have that are new in the City of Miami. Let me on the record once again ex- plain. When I became Mayor of the City of Miami from you, the taxpayers we collected $20,000,000. $20,00(;,000, that's what we collected. We now arc going to collect $66,000,000, part of it through reassessment, but most of it because of the growth of this community. Now, has this community grown because in the neighborhoods we are building more houses in Allapattah and in different parts of this town? No. The reason why we have, our tax base is growing is because this year we are building $300,000,000 worth of construction and next year we're going to build a billion dollars, most of it in thV downtown area. Now, who is coming up with that money? Why are they building in downtown Miami and on Brickell Avenue? What is the purpose of that? The investors that are putting up .; their money in Miami are doing it because they believe this City has a future. What kind of a future? In Agriculture? Oranges? The environ- mental center of the United States? The petroleum center, refineries, steel mills, what is it that is bringing money into Miami? Why are people investing here? Because they believe that Miami is, indeed, destined to become a major trade center. Where, in Japan? We're going to be selling goods and services to Germany. Perhaps it might be China that we're going to open up. Of course not, it is Latin America. And I don't care what these fine ladies that came here to tell us that we shouldn't speak Spanish and that we shouldn't do this, I tell you that there are 240,000 people that tomorrow morning will go to work that will be working in international trade and commerce, those people did not have those jobs ten years ago or 20 years; ago and the future of this town whether you like it or not is trade and com- merce and it is going to be Latin oriented and we've got to fight for that and I'm not about to roll over and die on that and this community is not about to roll over and die. That's our future, that's where we're going and that's where we're going whether people around here like it or not and I vote yes. Mr. Carollo: Mr. Mayor, if I could make another motion at this time. Mayor Ferre: Go ahead. Mr. Carollo: I'd like to bring back the motion that I made previously, the exception that I want to make as clear as possible, that there would riot be any layoffs and that is the motion on curbside pi &up. Mayor Ferre: You want to bring that back up again? Mr. Carollo: Yes, sir. Mr. Patterson stated that if we would do it through natural attrition there would not be any layoffs whatsoever and included in the motion would be the original proposal that the residents of the City in their individual neighborhoods could vote whether they want it or not and if they do want the backside pickup still they could pay the additional fee. Mayor Ferre: All right, is there a second tc that motion? Rev. Gibson: Mr. Mayor, didn't we, J. L., didn't we agree to something like tha r<? Mayor Ferre: Yes, we voted that down and technically I could say that since he voted on the losing side he's not entitled to make that motion but I'm not going to pull that because I think we're not going to pull parliamentary games here. He's entitled, if he wants to make the -notion I'm going to recognize him. Go ahead, is there a second to that motion? Rev. Gibson: Ieat me make sure now, ?"..... because he needs a second, I may be the seconder, you know, I just want to make sure I understand. Mayor Ferre: He is saying that we go to curbside pickup and what he is saying is that we let the neigtJ>or1-icods decide that and that might be an ad- ditional savings. Mr. Carollo: It will be an additional savings. Mayor Ferre: Now that was the motion that was voted upon before193 .... sEP /� n u 4 1981 luded in the motion would beOthat might bewould los t Mr. Carollo. And inc would layoffs in the Sanitation Department, whate P P be done throug'. atur-'I attrition. p> Mayor Ferre: okay, that's the motion, is there a second? Director. of the sanitation Department recommended Mr. Carollo The still around here somewhere. Mr. Patterson, he is in favor of it, he s it's now or never. Commissioner? . Patterson: Whatis it that I'm to answer, , I think you're Mr. Carollo: I think Gibson is going to need some assurance the man that could do it. Mr. Patterson: I'm seeking the question, what was the question? I had recom- we can do mended to the Commission before and oflll course�mmenthat would money, this without laying off people and Yes. The reduction would be through normal attrition rather than having to layoff people at one time. hat ome Rev. Gibson: But, Mr. Patterson, let me ask you this. You heatherd wCity sand of the p tonight public said ti ht about what is happening to cleaning their pickup. You heard that and I heard it. Mr. Pattersoli: Yes, and I agree with the public. Rev. Gibson: And all I have to do is to go around in the City. And you know what, I didn't want to join with them and say hooray, hallaleujah, you're so right. But what you're telling me is if I'm not careful, if I do this not only with the situation be what it is i have someut twill problemsen be with worse later on. And you see, let me say, Mathe reality and cut the mustard. some of us who aren't willing to face up you know This is 1981- You can't olbuy in 81 for one 1 as you 1price ived l is7doubled l literally. that the food you used Y hen And let's be realistic. And you know what? All we're going g tgoebewable thor-.e people call and raise all sorts of helandawe'rell l thenyou'llhave more angry to do is to respond, r:ay, "Well, I'm sorry people coming here ne::t year when the budget time comes. Mr. Carollo: See, Gibson, what you're saying is that you're: agreeing with the motion. Rev. Gibson: No. it to you. What you're saying is that you're Mr. Carollo: Yes, let me explaincan't buy the same amount of food agreeing with the motion. you're right, You is that we're going to provide today that you could in 71 so what we're saying that same very same level of servicck like eMrs. Rockafellarrxception is to e then ushelsegoingup. If they want it picked up in the ba to have to pay extra. Rev. Gibson: Yes, but listen to what you're saying: through attrition. What t? Mr. Patterson, what does that mean? What is at - is attrition, what is tha trition? Mr. Patterson: That means that as people retire, quit and leave the services we will reduce our work force in that way rather than an instant layoff as a result of -changing the collections.... you have a hell of a time keeping this City clean Rev. Gibson: All right, to happen when you even with the number that you have now. What is going don't fill those vacancies? i1ey, man, we can't do that to the people. looktill ld Mayor Ferre: All ri9i'ta half/oftk>ork:is lt.o3n dayso�'call we move ealongunow?ay There another hour, hour and if there is a second to is a motion of"i t.11e floor and I 41111 ask one last tillie that motion. If there is not then have an ordinance that I think Lacasa d it into the record, moved and Gibson seconded. 14r. l.,,oh, I'm going to rea r, this is an ordinance deUihe noce ofat_axation,ifixing thetentativeand City of Miami for the purpose levying taxes in the City of. Miami, Florida, for the fiscal year beginning October i, 1981 and ending sent-eati�er 30, 1982, containing a severability 1-94 SEP 2 4 1981 clause. At the record show that in Section 2, sub -paragraph (a) the figure it s inste6d of beinc3 9.036 is 8.947 and that after (b) says, "These millages total - strike the figure there, and the new figure is - 10.664". Mano, you'd better listen now. Now�QSection millrratelherein3.4 dadoptedtbte y theerein 12.29s. It now reads- 'fie P PosedageLacasa, is governing body exceeds the 'rollback' rate by 12.2$" Now, Mr. this your motions Mr. Lacasa: Yes, sir. , Mayor Ferre: Father Gibson, is this your second? Rev. Gibson: Yes, sir. i, Mayo Ferre: Mano, for the record, is this the correct figures? i Mr. Jurana: Yes, sir. Mayof Ferre: Further discussion on this ordinance ublicahave availabled? Let the to reflect that members of the Commission and of the p them this ordinance. Is there further discussion? Call the roll. IAN ORDINANCE ENTITLEDTHE TERRITORI - AN ORDINANCE DEFINING AND DENTHENPURPOSE OF TAXATION; LIMITS OF THE CITY OF MIAMI SIGFOR FIXING THE TENTATIVE MILEAGE AND LEVYING TAXES IN THE CITY OF MIp,MI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1981, AND ENDING SEPTEMBER 30, 1982; CONTAIN- ING A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 10, was for its second and final reading by title and adoption. On motion of taken up Commissioner Gibson, the Ordinance was. Commissioner Lacasa, seconded by title and passed and adopted thereupon given its second and fi:}al reading by by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NO . Commissioner Joe Carollo 4 Commissioner J. L. Plummr, Jr. ORDINANCE WAS DESIGNATED ORDINANCE NO. 9320. The City Attorney read the ordinance into the public record and announced mbers of the City Commission and to the that copies were available to the me public. Major Ferre: Now, we only have the adoption of the final budget to do, is that correct? Mr: Surana: Yes, sir. Mayor Ferre: Is there ibsonti3o youon on tse ondgthe amotiP on?�? All right, there is a mot.Jon. Father G Rev. Gibson: Yes. Mayor Ferre: It hasnowbeen seconded fobythetfiscalGibson. year ending1Septemberan n30th, ance making tentative appropriations 1982; containing a repealer provision; and a severability clause as amended and before us. Let the rreflect memberthat ofthis theordinance is Is therethe further hands f the Commission and available toany 11 tiscussion? can the ro. AN ORDINANCE ENTITLED - AN ORDINANCE MAKING TENTATIVE APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1982; CONTAINING A REPEALER PRO- VISION; A SEVE22ABILITY CLAUSE. Fassed on its first reading by title at the meeting of September 10, was taken up for its second an3 final Cr�issio y tide and dtadopthe dinancenwastion of Commissioner Lacasa, seconded by thereupon given its second and final reading by title and passed an(-.' adopted by the following vote: AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson , Mayor Maurice A. Ferre k 5� Commissioner Joe Carollo NOES: Commissioner J. L. Plummer, Jr. , THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9321. and t Attorney read the ordinance into the public record thatand tontheced The y that copieses were available to the members of the City Coriuniss public. the last thing we have to do tonight is a resolution allo- Mayor FeNow 2 for FY 81-82, and I would like to change that, sir, and double cating Ferre: it and say that we will take this matter up in November. Mr. Plummer: What? Mayor Ferre: Section 2 of your packet says resolution for social service agencies. I do not believe that this is tmakehe laemotionfor sthatto gthelamountebe se highly emotional issues and I, therefore, for $150,000 and that this item be taken up at the first meeting in November. on was introduced by Mayor Ferre, who The following resoluti :roved its adoption: RESOLUTION NO. 81-816 _ •• A RESOLUTION F.I•LOCATING $150,000 OF FY`81-82 FEDERAL REVENUE SENDS APPROPRIATED BY PASSAGE OF ORDI- ARING FUNDS REVENNCE 9321 TO PREVIOUSLY APPROVED SOCIAL SERVICE AGEN- _ ;:. CIES LISTED HEREIN IN AN AMOUNT NOT TO EXCEED 2/12TH OF THE TOTAL ALLOCATION TO EACH AGENCY FOR FY'80-81, s FOR THE PERIOD FROM OCTOBER 1, 1981 THROUGH NOVEMBER 30, 1961; AUTHORIZING TKE rT^Y MANAGER TO ENTER INTO AGREEMENTS WITH THE AFORL::'L:�TIONED AGENCIES. (Here follows body of resolution, omitted here and on file _ in the Office of the City Clerk.) t Commissioner Plummer the resolution was Upon being seconded by passed and adopted by the following vote- Commissioner Joe Carollo n j� AYES: Commissioner Armand Lacasa Commissioner J. L. Plummer, Jr. G< Y Vice -Mayor (Rev.) Theodore R. Gibson t Mayor Maurice A. Ferre NO£S : HMO i z �Sfir, v eti E r F 4 z $ , F IV,=rY74f n i 196 SEP 2 411981 11 51. STIPULATE NEWSPAPERS FOR NOTICE OF DELINQUENT SPECIAL ASSESSMENT LIENS. Mr. Carollo: Mr. Mayor, I'd like to make one final motion to Gee if we could save a few cents before the n.Lght is over for next year and that is a motion of the resolution that designates newspapers in which the notice of sale of certificates issued by the City of Miami for Delinquent Special Improvement Assessment Liens shall, be published in. My motion is, Mr. Mayor, that out of the papers that we're presently putting the advertisements in that we will limit it to only those papers which have a daily circulation or only those papers that are the only paper in that certain community whether it be in the black community, the Latin community or English speak- ing: Mayor Ferre: All right, I accept that as a :notion, I want to make sure I understand it. We are now publishing advertising in a series of newspapers. What you are now saying is that we limit the advertising only to daily news- papers with the exception of those markets like, for example, in the black community where there is no daily newspaper. Mr. Carollo: That is correct. Mayor Ferre: And, therefore, there is no other choice but to advertise in a weekly newspaper. Mr. Carollo: That is correct. Mayor Ferre: So since there are English and Spanish daily newspapers we would only advertise in those daily newspapers and the only exception would be the black market which does not have a daily newspaper and, therefore, we would advertise in a weekly newspaper. Mr. Carollo: That is correct, sir. Rev. Gibson: Let me make sure I understand. That we advertise.... Mayor Ferre: Look, let's put it in plain English. What this does is it puts advertisements in - the only daily newspapers that I know of in this community are the Miami Herald, the Miami News, Diario Las Americas and the Miami Review. Those are the only four daily newspapers that are published in this town. Nv, that I know of that then - and that covers English and Spanish. In the black community we presently advertise in the Miami Times and I assume that you mean to leave that the way it is. so those hat arethathe five newspapers that we would advertise in, the theory g more than amply covers both the Spanish -English market and the black community. Mr. Carollo: And, therefore, save us some money for the year. Mayor Ferre: I will vote for that. Rev. Gibson: Second. Mayor Ferre: All right, it has been moved by Carollo, seconded by Gibson, further discussion? Mr. Lacasa: Under discussion, Mr. Mayor. I do agree with the concept of advertising in the daily newspapers, I realize the need for advertising in the weekly publications in the black community but the same thing applies to the weekly publications in the Hispanic community. Diario Las Americas is not so widely read in the Hispanic community as it is the Miami Herald and the Miami News in the Anglo community. 9lierefore, I would like to see Hispanic weekly publications also included in the advertising of the City in the same fashion that it has been ur to now. Mr. Carollo: Can we have a vote, Ms. Clerk? Mr. Plummer: Mr. Mayor, I'd like to offer a substitute motion. Mayor Ferre: wait, let me understand where we are. There is a motion by Carollo, there is a second by Gibson, Lrcasa objects for reasons stated, 0 you want to make a substitute, go ahead. Rev. Gibson: What was Lacasa's objection? there a• p�, objection is, Father, that in the e cas Hispanicnd ismnottas widely Mr. Lacas • } �, �rhich is Diario Las Ames._ is only one daily Fap-_r as the Herald and the News in the pnalo com- e �nic community Hispanic publications read in the ITisp munity and, therefore, i would like to see some weekly P included as it h-s been up to now. = I have to agree with Carollo and with Mayor Ferre: I_�t me tell you why into this ter Father Gibson on this. The reason is tare 20 weekly Spahat we have now onishnnewspapers and... _ rible hassle and rivalry because here But we only do it, Mr. Mayor, in those with major circulation Mr. Lacasa: limited to I think two or and we have chosen those previously and it was three. obut the problem is that we're not too sure that they are Mayor Ferre: Two,, s because they major circulation paper e problem cistu the ma that we don't know.news- J paper says that he is the best and th _ Mr. Lacasa: We can request certified publication for circulation. Mayor Ferre: I think that is something that we can discuss in the future to Y d money saving point certify publications but right now I think that is a geo but.... the Miami Times is the paper Mr. Mayor, Mr. Carollo: One nit is thatfor is theemost widely read and Diario Las Americas in the black community ic community that is the most widely read. is the paper in the Hispan All right, Plummer, do You want to make a Sub - Mayo r Ferre: That's right. stitute? Mayor, the substitute motion instead of really just coming Mr. Pluamner: Mr. May this and come at this thing, I would like to offer that the Manager study back with a recom¢nendation. ? Mayor Ferre: Mr. Lacasa: Mayor Ferre: substitute? Rev. Gibson: Well all right, is there a second to that substitute I second it. gainst the All right, does anybody want to speak favor or a How soon is he coming back? Mr. Carollo: Mr. Mayor, 1'ke this. I don't see why we need the Manager to study any- thing 1 Okay? I have contended around here Mr. Plummer: Well, I'll tell you why- much much advertising to begin with for a long time that we do absolutely For a public hearing we put a and we do the wrong kind of advertising. of a dis- in like this and for something insignificant we've g little squidyou o in under a com- play ad this size, Joe. You go into the HeraldHe�ut todmore ay y 9 the bination rate. That combination ratdisplaysoUut60l�thin} that the whole lthing - and I'm no expert on classified and reducing the amount of adver needs to be studied and find a way of completely that we're dole and lea's get back to complying with what we've got tising g Ding to play games you haven't to comply with because you know, if we're g even mentioned the main offender with or without the 6th floor. hll right, on the substitute motion call the roll, please. Mayor Ferre: ceding substitute motion introduced by Commissioner Plummer and The pre seconded by COIrallissiOnur Lacasa failed to pass by the following vote - AYES: Mr. Plununer and Mr. Lacasa. NOES: Rev. Gibson, Mr. Carollo and Mayor Ferre. e and Gibson Mayor Ferre: cm the main motion now that Carollo mad We're cuttingsthisd this is immediately, off further discussion? Excuse me, immediately, is that correct? Mr. Carollo: Immediately, that's correct. 198 �S.— SEP 2 4 1981 0 0 Mr. plummer: Let me have a clarification. Then what you're saying is that you are going to go to the Herald..... Mr. Carollo: No, the Miami Review, Diario Las Americas and the Miami Times#,. one paper in each co unity. Mayor Ferre: well, that's what we're doing now. It has to be a newspaper of general circulation, be careful. Mr. Carollo: That is correct, Mr. Mayor, we're talking about Miami Times, Diari,j Las Americas and the Miami News. Mayor Ferre: The Miami News is a newspaper of general circulation. �r Mr. Carollo: It certainly is. .,}. Mayor Ferre: Okay, that's the motion, right? t Mr*. Carollo: That's correct, Mr. Mayor. The following motion was introduced by Commissioner Carollo who moved its adoption: MOTION NO. 81-817 A MOTION OF THE CITY COMMISSION SINGPOFATING THAT, IN DELINQ DELINQUENT SPECIAL WITH THE CITY'S � NECTION ASSESSMENT LIENS, THAT ONLY THE FOLLOWING NEWSPAPERS BE USED IN CONNECTION WITH SUCH ADVERTISING: 1) THE MIAMI NEWS, 2) DIARIO DE LAS AMERICAS, AND 3) THE MIAMI TIMES. Upon being seconded by Commissioner Gibson, the motion was passed and opted by the following vote -Commissioner Joe Carollo AYES: Vice. --Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioners Plummer and Lacasa. ON ROLL CALL: Mayor Ferre: I vote yes, but I have a stipulation that I would want you to come back with later on. The Miami Herald and the Miami News have joint ad- vertising, a combination rate. However, I might point out that if yoitadser- tise in the News alone it is about half, at least it is in politics, less than half. So would you come back and tell us, because if it is the same on the combination rate then I think we might want to expand that. Mr. Carollo: Yes, if it is the same. Mayor Ferre: But if it is not then I would stand with Commissioner Carollo's motion. I voted yes for it. Rev. Gibson: Mr. Manager, I realize we have no authority to tell ,you what _ to do, but I would mope that if Mr. Carollo could sit here tonight and delin- eate certain departments or certain divisions that you could knock out 15 right that's saying something to us. I hope that even people and operate all assed and the millage rate is set that you of busy, you and your sta uwJnt though the budget is pff and get rid of same of the trimmingss fat. Man, there is a fool who can`toefdui d�i.Ytuaai dthe i'thontile gthat �you reed you didn't create it, it was here, y to do is to mhke sure that we get the message that you understood what we were saying and that you are prepared to improve. Now, if we're goingvto do far. business as usual then what we need, you know, we aren't going to g Y Okay? Mr. Gary: Yes, sir. 199 SUP 41981 ......... . 52. REQUEST LEGAL OPINION ON PLACEMENT OF VENDING MACHINES ON PUBLIC STREETS, ON CITY PP,OPERTY, ETC. Mr. Carollo: tor. Knox, I recently requested of you to acquire some information for me that you have sent for me, besides that I was able to acquire some addi- tional information on this matter which I will give you copies. What I would like at this time is the information that you gave me in a legal opinion and the additional information that I have to study it and bring it before this Commission at the next_ meeting in the form of an ordinance, and that is to put into an ordinance, a legal ordinance according to your best legal opinion what rate we could charge as far as the fee for all types of vending machines on City property out in the streets including a tax or should I say a fee for liability insurance, and we're talking about a fee for the vending machines and liability insurance and what would be a practical area of how many blocks we could have how many vending machines in and from the information that I have which I will give to you in addition to what you sent to me, I think all these areas are legally under the Constitution and are in effect in other parts of the Country. So if you could bring this back to us in the form of an ordinance at the next meeting and whatever additional information you need, please feel free to come inicate with me. Mr. Knox: Yes, sir. Mr. Carollo: Frankly, what finally =de me see the light is one of the last editorials that I read in "Miami's National Inquirer" where the editor of that paper was accusing this Commission of giving away all kinds of property and gee, you know, it seems that every block that I went to I saw City property that was taken without a single penny paid to the City. So, Mr. City Attor- ney, if you could check into that I will give you all the additional informa- tion that I have which will make your job easier and if you could bring it back to the Commission in the form of an ordinance I would appreciate it. Mayor Ferre: All right. We now, ladies and gentlemen are concluded with this portion and we're back now to the different items on the morning agenda. Mr. Carollo: I hope they get a picture of me smiling in this Sunday's Herald. 53. DISCUSSION ITEM: STATUS OF N.E.D.A. FUNDI14G (MIA11I OFFICE). Mayor Ferre: All right, now Item C is the discussion of the status of NEDA funding and the status is that we're not funding it anymore, is that right, Mr. Manarer? Mr. Gary: That's correct. Mayor Ferre: Is there anything else we need to discuss on that? All funding for NEDA is cut off, is that correct, on the record? Mr. Gary: That's correct, and the services will be provided by a New York firm as well as the Office of Trade and Commerce. Mayor Ferre: Okay, so we've taken care of C. V ' .J 54. AFFIRMATIVE ACTION BOARD: REOUIRE MEZIBERS TO LIVE IN THE LIMITS OF THE CITY OF MIAMI. 'Mr."Carollo: The Affirmative Action Board of the City of Miami whose Chairman is Xavier Suarez, I certainly believe, and I have to agree with Commissioner Lacasa, some of the statements I understand he has made that they are certainly getting into many areas that that board has never gotten into before. You're in agreement, Commissioner Lacasa? Mr. Lacasa: Definitely. Mr. Carollo: Therefore, I think that immediately - and this is the motion that I'm going to make - every member of that board that is there now or will be appointed in the future should live in the City of Miami. Mr. Lacasa: I second the motion. Mr. Carollo: And if there are any members of that Board now that do not live in the City of Miami they will have to resign immediately or move in. Mayor Ferre: All right, can we give them a police car if they move in? There is a second to Commissione; Carollo's motion. Is there further discussion? The motion is that if they don't live in the City of Miami that they immediately be taken off the board. Mr. Plummer: You mean the ones that are presently there be taken off? Mr. Carollo: That's correct, sir, they're getting involved in things that they have never gotten involved in before. If they're going to get involved in things like that they should live in the City of Miami. I don't want somebody in Westchester or somewhere else telling us what is right or what's wrong here. Mayor Ferre: Would you accept Key Biscayne? Mr. Carollo: Well, maybe Key Biscayne. Mayor Ferre: All right, is there further discussion? All right, call the roll. The following motion was introduced by Commissioner Carollo who moved its adoption: MOTION NO. 81-818 A MOTION OF THE CITY COMMISSION STIPULATING ITS POLICY THAT EACH AND EVERY MEMBER OF THE CITY OF MI:,MI AFFIRMATIVE ACTION BOARD MUST RESIDE WITHIN CITY LIMITS AND FURTHER STIPULATING THAT ANY SUCH MEMBERS WHO PRESENTLY DO NOT RESIDE WITHIN CITY LIMITS MUST DO SO IMMEDIATELY IN ORDER TO REMAIN ON SUCH BOARD. Upon being seconded by Commissioner Lacasa, the motion was passed and opted by the following vote - AXES: Commissioner Joe Carollo Commissioner. Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner J. L. Plummer Mr. Carollo: Plummer, no guts no glory, come on. 201 SEP ? z 1 81 Mr. Plummer: One of the best members on that board is a female who has been an advocate of everything that Carollo and Lacasa have been an advodtlte and you're kicking her off, Linda Eades. Mayor Ferre: Jack, where is Jack? Mr. Plummer: Jack is smart enough to be out of town. How about grandfathering those who are there.... Mr. Carollo: No, no, they are getting involved in issues so important to the City.... ' Mr. Plummer: But she has been very much, orpo?ed to that. Mr. Carollo: Well fine, let them move inside the City of Miami then, they they can make decisions for us. But if they are going to be telling us that there are all kinds of problems I want them to be part of the problems and live inside the City of Miami. Mayor Ferre: Part of the solution you mean. Mr. Carollo: Maurice, the solution, excuse me. Mr. Plummer: I've got to vote no. Mayor Ferre: I think this is consistent with every vote that I have taken in the last dozen years, that we have always voted for the people of these boards living in the City so I vote yes. Mr. Plummer: Can I ask Mr. Carollo to spend the night in the Iioliday Inn so he can adopt the theory that says the best surprise is no surprise? Mr. Carollo: Excuse me, can you send Mr. Manny Mendoza his notice now? 55. HIRING FREEZE EXE11PTIONS. The following motion was introduced by Commissioner Plummer who moved its — adoption: MOTION NO. 81-819 A MOTION OF THE CITY COMMISSION WAIVING THE CITY-WIDE HIRING FREEZE PREVIOUSLY IMPOSED BY THE COMMISSION IN ORDER TO ALLOW FOR THE EMPLOYMENT OF ALL FIVE REQUESTED POSITIONS WITHIN THE DEPARTMENT OF BUILDING & VEHICLE MAINTENANCE PLUS ONE WELDER FOR THE DEPARTMENT OF PARKS. Upon being seconded by Commissioner Lacasa, the motion was passed and opted by the following vote - :a AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson - Mayor Maurice A. Ferre NOES; None. i yt fs - �� y.k "f" l] x 4YE5-'1§.W� •'it+K [ 4{ J J lx t° P. � t 4 { � 7' 9 S s!x '"`1Ra v a 4 ��3 { �} �. -..! mS to k r! SEP 2 4 1981 56. EMERGENCY ORDINANCE: FINANCE DEPARTMENT. FIXED ASSET SYSTEM FOR THE Mayor Ferre: .... for the purpose of providing and paying for a fixed asset system for the Finance Department. That's part of the recommendation that the auditors and everybody glse.... Mr. Gary: And the bond raters. Mayor Ferre: ...have been making for years and years and years. It's time to do it. Mayor Ferre: Well, why are we paying for the advertising on the Rusty Pelican? It would seem to me that they should pay it. Mr. Carollo: That's right. Mr. Plummer: And aren't the auctions for the Purchasing Department paying for themselves? Because if they're not let's, you know, it's like they had a car full of radios that they got $125 for at auction and they spent $129 advertis- ing. Mayor Ferre: Do you want to reschedule it, Plummer? Mr. Gary: No, please, if I could explain it. Mr. Plummer: I would go with the Finance Departz-e.nt. Are we going to get this money back out of Rusty Pelican? Mr. Gary: Yes, sir. Mr. Plummer: All right, then I'll move it. AN ORDINANCE ENTITLED- , AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO. 9179 ADOPTED OCTOBER 3, 1980, THE ANNUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1981, AS AMENDED, BY INCREASING THE APPROPRIATION FOR THE GENERAL FUND, IN THE AMOUNT OF $96,106 FOR THE FINANCE DEPARTMENT, AND BY INCREAS- ING GENERAL FUND REVENUES IN THE SAME AMOUNT FROM LICENSES AND PERMITS FOR THE PURPOSE OF PROVIDING FUNDING TO PAY FOR A FIXED ASSET SYSTEM FOR THE FINANCE DEPARTMENT, ADVERTISING COSTS FOR THE RUSTY PELICAN RESTAURANT EXPANSION REFERENDUM, AND FOR AUCTIONS CONDUCTED BY THE PURCHASING DIVISION OF THE FINANCE DEPARTMENT AT THE COCONUT GROVE EXHIBITION CENTER; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; A14D DISPENSING WITH THE REQUIREMENT UF READING GAME ON TtidO SEPARATE DAPS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF' THE MEMBERS OF THE COV214ISSION. Was introduced by Commissioner Plunurier and seconded by Commissioner Gibson, for adoption as an emergency measure and dispensing with the requirement of reading same on two separate days, which was agreed to by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOTES: Commissioner Armando Lacasa Whereupon the Commission on motion of Commissioner Plummer and seconded by Cpmmissioner Gibson, adopted said ordinance by the following vote- 203 40",*1 C Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre X! NOES: Commissioner Armando Lacasa .. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9322. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commis- sion and to the public. 57. EMERGENCY ORDINANCE: SEVERANCE PAY ACCOUNT DUE TO RECENT LAYOFFS & EXCESSIVE TURNOVER IN THE POLICE DEPARTMENT. AN ORDINANCE ENTITLED - AN EMERGENCY ORDINANCE AMENDING SECTIONS 1 AND 5 OF ORDINANCE NO. 9179 ADOPTED OCTOBER 3, 1980, THE AN- NUAL APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1981, AS AMENDED, BY INCREASING THE APPROPRIATION FOR THE GENERAL FUND, IN THE AMOUNT OF $295,191 FOR SPECIAL PROGRAMS AND ACCOUNTS (SEVERANCE PAY), AND BY INCREASING GENERAL FUND REVENUES IN THE SAME AMOUNT FROM LICENSES AND PERMITS FOR THE PURPOSE OF PROVIDING FUNDING TO PAY FOR INCREASED EXPENDITURES IN THE CITY'S SEVERANCE PAY ACCOUNT DUE TO THE RECENT LAYOFFS AND EXCESSIVE TURNOVER IN THE POLICE DEPARTMENT; 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 Plummer and seconded by Commissioner Gibson, for adoption as an emergency measure and dispensing with the requirement of reading same on two sepa):-�Ate days, which was agreed to by the following vote - AYES: Commissioner Joe Carollo 'commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. Whereupon the Commission on motion of Commissioner Plummer and seconded by Commissioner Gibson, adopted said ordinance by the following vote - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9323. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Commis- sion and to the public. I 58. GPANT REQUEST OF PACE FOR CONCERT TO pC HELD AT r1ARINE STADIUM. Mr. Carollo: Mr. Mayor, can I bring this request up from the Coconut Grove Jaycees real quick? Mayor Ferre: All right. Mr. Carollo: They've been waiting here all day. It is a request by Mr. Michael Ryan of the Coconut Grove Jaycees. Is he here? Can you say to the Commission your request, sir? Mr. Michael Burn: My name is Michael Burn, I'm Chairman of the Board of the Coconut Grove Jaycees. We are requesting for the PACE concert at the Marine Stadium for the City to waive the 33 1/3% rate because of..... Mayor Ferre: tor. Manager or Mr. Odio, the request is that we waive the 33% cost at Marine Stadium for the PACE concert. How much does that amount to? Mr. Cesar Odio: I have no way of knowing now, sir. Mayor Ferre: Do you know how much it amounts to? Mr. Burn: No, sir.... Mayor Ferre: Well, do you have an estimate, is it up to $1,000? Mr. Burn: I believe it is probably below that, I'm not exactly sure, sir. Mayor Ferre: Well, could you put a limit and say up to $1,000? Mr. Burn: We probably could do that, yes, sir. Mayor Ferre: All right, Joe, do you want to make that motion? ® Mr. Carollo: ization that I'll move it, Mr. Mayor, I think the Jaycees have been have provided more than their share of the work in this an organ- community. Mayor Ferre: All right, Marilyn, get that down, $1,000 for Jaycees. Okay, you got that? Okay, Carollo moves, Lacasa seconds. Further discussion? Call the roll. The following mption was introduced by Commissioner Carollo who moved its adoption: MOTION NO. 81-820 A MOTION OF THE CITY COMMISSION GRANTING A REQUEST FOR FUNDING MADE IN CONNECTION WITH THE PACE CONCERT TO BE HELD AT THE MARI14E STADIUM IN AN AMOUNT NOT TO EXCEED $1,000 WHICH SUM SHhLL BE APPLIED TOWARDS COSTS INCUR- RED IN CONNECTION WITH THE USE OF THE FACILITY. Upon being seconded by Commissioner Lacasa, the motion was passed and opted by the following vote - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre k`f 59. SECOND READING ORDINANCE: AN ORDINANCE ENTITLED - REVISE FEES CHARGED FOR THE CHILD DAY CARE PROGRAIS. AN ORDINANCE AMENDING PARAGRAPHS (1), (2) AND (3) OF SECTION 30-26 OF THE COD_ OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE PURPOSE OF REVISING THE FEES CHARGED FOR THE CHILD DAY CARE PROGRAM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. Passed on its first reading by title at the meeting of September 10, was taken up for its second and final reading by title and adoption. On motion of Commissioner Plummer, seconded by Commissioner Lacasa, the Ordinance was thereupon given its second and final reading by title and passed and adopted by the following vote: AYES: Commmissioner Joe Carollo Commissioner Annando Lacasa :cmmissioner I. L Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9324. The City Attorney read the ordinance into the public record and announced that copies were available to the members of the City Comission and to the public. 60. SECOND READING ORDINANCE: NEW TRUST AND AGENCY FUND "SYNERGETICS" AN ORDINANCE ENTITLED - AN ORDINANCE, AMENDING SECTION 1 OF ORDINANCE 8719, ADOPTED OCTOBER 26, 1977, THE SUMMARY GRANT APPROPRIATIONS ORDINANCE, AS AMENDED, BY ESTABLISHING A NEW TRUST AND AGENCY FUND EN- TITLED: "SYNERGETICS"; AND APPROPRIATING FUNDS FOR THE OPERA- TION OF SAME IN THE AMOUNT OF $109,354 TO BE RECEIVED FROM THE NATIONAL ENDOWMENT FOR THE HUMANITIES IN THE AMOUNT OF $59,354, SPECIAL PROGRAMS AND ACCOUNTS -MATCHING FUNDS FOR GRANTS IN THE AMOUNT OF $50,000; CONTAINING A REPEALER PROVI- SION AND A SEVERABILITY CLAUSE; AND DT_SPENSLNG WITH THE RE- QUIREMENT 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 Plummer and seconded by Commissioner Lacasa for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis- pensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the meribers of t.tie Commission - VIP Whereupon the Casion, on motion of Commissioner Plummer and seconded ® by Commissioner Lacasa, adopted said ordinance by the following vote: AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson.x Y� .r Mayor Maurice A. Ferrehx NOES: None. 4 SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9325. The City Attorney read 'lhe ordinance into the public record and announced that copies were available to the members of the City Commission and copies w.are available to the public. 61. FIRST & SECOND READING ORDINANCE: NEW TRUST & AGENCY FUND "PARTNERS FOR YOUTH". AN ORDINANCE ENTITLED - AN ORDINANCE ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLED "PARTNERS FOR YOUTH" WITH THE APPROPRIATION THEREFOR OF REVENUES RESULTING FROM FUNDS TO BE ALLO- CATED FROM THE SPECIAL PROGRAMS AND ACCOUNTS - CONTINGENT FUND IN THE AMOUNT OF $30,000 FOR PROVIDING SPECIALIZED LEISURE, EDUCATIONAL AND JOB OPPORTUNITY ACTIVITY UNDER THE PARTNERS FOR YOUTH PROGRAM; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMISSION. Was introduced by Commissioner Carollo and seconded by Commissioner Lacasa for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis- pensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 62. FIRST & SECOND READING ORDINANCE: PAYMENT FOR 2 APPRAISALS I mii SPRINGS GOLF COURSE PROPERTY. AN ORDINANCE ENTITLED — AN ORDINA14CF. APM-LADING SECTIO14S ! AND 5 OF ORDINANCE NO. 9179, ADOPTED OCTOBER 3, 1980, THE ANNUAL APPRO— PRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING ;:EP— TEMBER 30, 1991, AS F:11ENDED, BY INCREASING THE APPRO— PRIATION FOR THE ENTERI-RISE FUNDS IN THE FOLLOWING AMOUNT: MIAMI SPRINGS GOLF COURSE $7,000, BY _NCREAS— ING ANTICIPATED REVENUES IN THE SALE AMOUNT FROM FIS— CAL YEAR 80 RETAINED EARNINGS; FOR THE PURPOSE OF PROVIDING FUNDS FOR PAYMENT OF' TWO INDEPENDENT APPRAISALS FOR THE MIAMI SPRINGS GOLF COURSE PROPERTY, AS AUTHORIZED BY RESOLUTION NO. 81-329, TO F. ROBERT QUINLIVe'1N IN THE AMOUNT OF $2,500 AND LE014ARD A. BIZ IN THE AMOUNT OF $4,500; CONTAINING A REPEALER PROVISION AND A SEVERABIL— ITY 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 Plummer and seconded by Commissioner Lacasa for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis- pensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 1 Whereupon the Commission, on motion of Commissioner Plummer and seconded by Commissioner Lacasa, adopted said ordinance by the following vote: AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9327. 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. x r3[�p t � �.h 08 a c f C N. 63. FIRST & SECOND READING ORDINANCE: AMEND SECTION 53-131 OF THE CODE - CITY TAX UPON ADMISSIONS TO THE ORANGE BOWL STADIUM. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SUBSECTION (13) OF SECT]ON 53-131 OF THE CODE OF THE CITY OF MIAMI, FLOIJ DA (1980), AS AMENDED, RELATING TO THE CITY TAX UPON ADMISSIGN5 'rn 'i7-1E MIAMI ORANGE BOWL MEMORIAL STADIUM BY PROVIDING FOR CERTA':N CHANGES TO TAX RATES FOR ADMISSIONS FOR THE USE OF VAPIOUS PARTS OF THE STADIUM(EXCEPT FOR FESTIVAL SEATING) FROM 15; OF THE GROSS ADMISSION PRICE, LESS ANY FEDERAL, STATE, O^ LOCALLY IMPOSED TAX, TO 10% OF THE GROSS ADMISSION PRICE, LFSS ANY ` FEDERAL, STATE, OR LOCALLY IMPOSED TAX; PROVIDING A CHANGE IN THE ;:ITY OF MIAMI TAX ON ADMISSIONS TO THE ORANGE BOWL MEMORIAL STADIUM, FOR THE USE OF THE ENTIRE STADIUM AND THE FIELD (FOR FESTIVAL SEATING), FROM 15% OF THE GROSS ADMISSION PRICE, LESS ANY FEDERAL, STATE, OR LOCALLY IMPOSED TAX, TO 12% OF THE GROSS ADMISSION PRICE, LESS ANY FEDERAL, STATE, OR LOCALLY IMPOSED TAX; FURTHER PROVIDING FOR A SPECIAL MULTI- USE MINIMUM GUARANTEED FEE; CONTHINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIRE- MENT 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 Plummer and seconded by Commissioner Lacasa for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis- pensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plumer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. Whereupon the Commission, on motion of Commissioner Plummer and seconded by Commissioner Lacasa, adopted said ordinance by the following vote: Commissioner Joe Carollo AYES: Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson — Mayor Maurice A. Ferre NOES: None. SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9328. - The City Attorney read the ordinance into the public record and announced to the members of the City Commission and copies that copies were available were available to the public. l' s 209 F 2 1 { in i r a a 64. FIRST & SECOND READING ORDINANCE: FEES FOR OPENING AND CLOSING GRAVES AT THE CITY OWNED CEMETARY. AN ORDINANCE ENTITLED - AN ORDINANCE AMENDING SECTION 18-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "FEES FOR OPENING AND CLOSING GRAVES AT CITY -OWNED CEMETERY"; BY ESTABLISHING A NEW SCHEDULE OF FEES; 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 Comm.�.ssioner Gibson and seconded by Commissioner Lacasa for adoption pursuant to Section 4, Paragraph (f) of the City Charter, dis- pensing with the requirement of reading same on two separate days by a vote of not less than four -fifths of the members of the Commission - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. ABSENT: Commissioner J. L. Plummer, Jr. Whereupon the Commission, on motion of Commissioner Gibson and seconded by Commissioner Lacasa, adopted said ordinance by the following vote: AYES: Commissioner Joe Carollo Commissioner Armando Lacasa - Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. s r- �rrri„ ABSENT: Commissioner J. L. Plummer, Jr. SAID ORDIITANCE WAS DESIGNATED ORDINANCE NO. 9329. 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. 8EP a 41981 The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-821 A RESOLUTION ALLOCATING $30,000 FROM THE SPECIAL PROGRAMS AND ACCOUNTS - CONTINGENT FUND, FOR THE PURPOSE OF PROVIDING FUND- ING FOR THE PARTNERS FOR YOUTH PROGRAM, WITH SAID FUNDS TO BE DEPOSITED IN THE PARTNERS FOR YOUTH TRUST AND AGENCY FUND. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasa the resolution was Passed and adopted by the following vote - AYES: Commissioner Joe Carolloa,. Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. i 66. APPOINT 2 INDIVIDUALS TO "ARTS IN PUBLIC PLACES COMMITTEE" Mayor Ferre: 38. All right, the two people that are up are Lestor Pancoast, and the candidates to be considered are Margarita Cano, Teresita Falcon, Jane Frank, Lester Pancoast, Ann Sams. Okay. Now who are the people who are on right now. Could you tell us? Could somebody in the administration tell us who the existing .... Can we just reappoint Lester Pancoast and Margarita Cano? Is that acceptable? Rev. Gibson: Move. Mayor Ferre: Gibson moves, is there a second? Lacasa seconds. Mr. Plummer: Do both of these individuals, I know Pancoast lives in the City, does this other woman live in the City? Do you have a resume? Mayor Ferre: Hey, can we defer it? Nobody seems to know. Rev. Gibson: Let's appoint Pancoast and then we can.... Mayor Ferre: All right, we'll appoint Pancoast, we know he lives in the City. There is a motion and a second. Further discussion on Pancoast? Call the roll, we'll appoint the next one on October 7th. The follvwinq resolution was introduced by Commissioner Gibson, who ved its adoption: RESOLUTION NO. 81-822 A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER OF THE ARTS -IN -PUBLIC PLACES COMMITTEE FOR A TERM OF FIVE YEARS COMMENCING SEPTEMBER 1, 1981. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasa the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. 67. DISCUSSION A.ND DEFERRAL: MEMBERS OF CODE FNFCRCEMENT BOARD. Item #39 was deferred by motion of Commissioner Carollo, seconded by Commissioner Lacasa and passed and adopted unanimously. 68. APPOINT INDIVIDUALS TO OVERTOWN COMMUNITY DEVELOPMENT ADVISORY BOARD. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-822 A RESOLUTION APPOINTING ANNA MARIE ADKER AND MAXINE SCONIERS AS MEMBERS OF THE OVERTOWN COMMUNITY DEVELOPMENT ADVISORY BOARD, IN ACCORDANCE WITH THE CITIZEN PARTICIPATION PLAN FOR THE COMMUNITY 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 Lacasa the resolution was passed and adopted by the following vote - AYES: Commissioner Toe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre N9IES: None, 212 r fs Ss 7 s � -s-tms - ". r.i ', :fit � � s � •,: k e The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION NO. 81-824 A RESOLUTION APPOINTING ONE INDIVIDUAL TO SERVE AS A REGULAR MEMBER OF THE ZONING BOARD FILLING AN UNEXPIRED TERM WHICH EXPIRES DECEMBER 31, 1982. (Here follows body of resolution, omitted here and on file ' in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson the resolution was passed and adopted by the following vote - AYES. Commissioner Joe Carollo �f Commissioner J. L. Plummer, Jr. ' Vice -Mayor (Rev.) Theodore R. Gibsonxt' Mayor Maurice A. Ferre NOES: Commissioner Armando Lacasa. Note: Jacinto Alberto Alfonso was the individual appointed. 70. DISCUSSION AND DEFERRAL. APPOINTMENT TO AFFIRMATIVE ACTION ADVISORY BOARD. ■ Mayor Ferre: Take up Item #42, City Affirmative Action Advisory Board. Mr. Carollo: well, I think we had better skip that until we find out who lives and who don't live within the City Limits. Thereupon, the City Commission on motion of Commissioner Plummer, seconded Commissioner Carollo deferred the preceding item by a unanimous vote. 71. APPOI14T ROBERT MACK TO SERVE AS A MEMBER OF THE AFFIRMATIVE ACTION ADVISORY BOARD UNTIL DECENBER 6, 1981. Mayor Ferre: How about Robert Mack? Mr. Plummer: Move to defer. Mayor Ferre: why? Robert Mack was the former Chairman of the Board of the Urban League, isn't that right, isn't that the Robert Mack? Mr. Plummer: Does he live in the City? UNIDENTIFIED SPEAKER: Robert Mack is an employee in the Parks Department. Mr. Plummer: How can he serve on a board if he works for the City? UNIDENTIFIED SPEAKER: Yes, he's an equipment operator in the Parks Department. Mr, Knox: He was selected by the union. Mr, Gary: He was selected by the union pursuant to the Affirmative Action Board. 213 SAP 2 4 1981 - Mr. plummer, I move 43, but still does he live in the City? Mr. Gary: He doesn't have to. Ma or Ferre: Nobody that works here lives in the City, you know better than Y that. ive in the City. we've got to appoint him, he's Plummer; I've got to l an elected representative `rom the City. the n that Mr. Carollo: 0}=ay, well made let stands with theme make an aexceptionLc- the Affiormative I made. The motion that I I think this Action Board - Mr. city Manager, make a clarification for us, the dif- would help solve this a little spore. or, the Affirmative Action Board, ferent Civil Service employees appoint people to that, right? Mr. Gary: Yes, sir. rlate also that whomever they appoint has to live M. Carollo: Can we stipu in the City of Miami? Mr. Gary: No, sir. Mr. Plummer: well, you can negotiate that in the next labor contract. Mr. Carollo: Okay, well, I wish you would negotiate that in the next labor contract, if you could put it down. But in the meantime we're going t o have to make the exception, we've no choice, just for those people, nobody else. introduced by Commissioner Plummer, who The following resolution was moved its adoption: RESOLUTION NO. 81-825 A RESOLUTION APPOINTING ROBERT MACK TO SERVE AS A MEMBER ,OF THE CITY AFFIRMATIVE ACTION ADVISORY BOARD UNTIL DECEMBER 8, 1981 AND CDNBY AICERTIFIEDSBARGAININGIGNATION FREPRESENTATIVE OFSUCH INDIVIDUAL F BEING SELECTE CITY EMPLOYEES. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasa the resolution was passed and adopted by the following vote- y, Commissioner Joe Carollo T AYES: Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre C,ti 0 n 72. STIPULATING THAT ONLY EXCEPTION TO RESIDENCY RE- QUIREMENT FOR MEMBERS OF THE AFFIRMATIVE ACTION ADVISORY BOARD SHALL BE THOSE PERSONS APPOINTED BY DIFFERENT EMPLOYEE GROUPS. Mr. Carollo: Matty, I think I had better make a motion to make this legal now. And the motion t?-:at I make is that on the Affirmative Action Board, everyone has to live in the City of Miami with the exception of the employees appointed by the employee groups and we are obliged to put them on that board. Do you want to second that, J. L., to make is Kosher? Mr. Plummer: That's fine. I voted against the original motion. The following motion was introduced by Commissioner Carollo who moved its adoption: MOTION NO. 81-826 A MOTION OF THE CITY COMMISSION STIPULATING THAT THE ONLY EXCEPTIONS TO TH14 REQUIREMENT THAT ALL MEMBERS OF THE CITY'S AFFIRMATIVE ACTION BOARD BE RESIDENTS OF THE CITY, SHALL BE THE EMPLOYEE REPRESENTATIVES WHICH ARE APPOINTED TO SUCH BOARD BY THE DIFFERENT EMPLOYEE GROUPS. Upon being seconded by Commissioner Plummer, the motion was passed and opted by the following vote - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. Mr. Plummer: How about the wife of an employee? 73. ADDITIONAL APPOINTMENT TO OVERT,JWN COMMUNITY DEVELOPMENT ADVISORY BOARD. Mayor Ferre: Father Gibson moves Maxine Sconiers, the Principal of the Phyllis Wheately Elementary School to be on the Overtown Community Develop- ment Advisory Board, there are two vacancies, this is the second vacancy. Is there a second? Mr. Plummer: Does she live in the City? Mr. Gary: Yes. Mr. Plummer: Second. SEE RESOLUTION NO. 81-823. r ! � 1 - 1 `t i c t fi'j I I. I SEPu i1) is 74. STRONGLY SUPPORTTPIG RELOCATION OF PLANNED DOWNTOWN PEOPLE MOVER PT.SCAYNE POIILEVARD STATION TO THE EAST EDGE OF THE 130U1,T VAR I). The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-827 A RESOLUTION STRONGLY SUPPORTING THE RELOCATION OF THE ^'.''"^^ DOWNTOWN PEOPLE MOVER BISCAYNE BOULEVARD STATION AT SOUTHEI'i ..-T STREET FROM THE MEDIAN OF BISCAYNE BOULE- VARD TO THE EAST EDGE OF THE BOULEVARD RIGHT-OF-WAY FOR THE PURPOSE OF PROVIDING SAFE PUBLIC ACCESS TO BAYFRONT PARK OPEN SPACE IN ACCORDANCE WITH THE PPOPOSAL OF THE DOWNTOWN DEVELOPMENT AUTHORITY. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson the resolution was passed and adopted by the following vote- AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner J. L. Plumper, Jr. 75. ACCEPT PROPOSAL: IMPLEMENTATION GF FIXED ASSET AND DEPRECIATION SYSTEM FOR THE FINANCE DEPARTMENT. Mayor Ferre: Take up Item 10 which is the i•nplementation of a fixed asset depreciation system, again long overdue. Recommended by the accounting firm, the auditors and Peat Marwick and the bond raters. What this does is it puts us in the position where we can start getting into a depreciation system where we can tnen have the money available to replace equipment. The following resolution was introduced by Commissioner Gibson, who moved its adoption: RESOLUTION NO. 81-828 A RESOLUTION ACCAPTING THE J►,JNE 26, 1981 PROPOSAL OF THE, LIRM OF MARSHALL AND STEVENS, INC. FOR THE IMPLEMENTATION OF A FIXED ASSETS AND DEPRECIATION SYSTEM AT A COST OF $84,896; WITH FUNDS THEREFOR ALLOCATED FROM THE SPECIAL PROGRAMS AND ACCOUNTS FUND; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID "c PROPOSAL. u If t t A. (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 Joe Carollo Commissicner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NQM None, 216 SAP 2 4 1981 76. APPROVE MOST OIJALIFIED CONSULTING TEA14S TO PROVIDE PROFESSIONAL LANDSCAPE ARCHTTECTURAL & ENGINEERING SERVICES: BAYFRGNT PARK REDEVELOPMENT PPOJF_.CT. Mayor Ferre: Anybody want to mop' 11? - Mr. Plummer: Move to defer. Mayor Ferre: Is that a problem, Mr. Reid? Can we defer this without any trouble? Well, put it on the microphone, would you, please. why is this im- portant now? Mr. Reid: This is for carrying forward the Noguchi design. Mayor Ferre: Look, that man is going to have a fit, he's about ready to quit anyway and we don't want to do that. Hey, that would be a highly embarrassing thing. That would make the front page of the New York Times, I don't want to do it that way. Would you move it? The hiring of these people? Lacasa moves, Gibson seconds. Further discussion? Call the roll on 11. That's Lester Pancoast. The following resolution was introduced b,., Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-829 A RESOLUTION APPROVING THE MOST QUALIFIED CONSULTING TEAMS TO PROVIDE PROFESSIONAL LANDSCAPE ARCHITECTURAL, ARCHITECTURAL AND ENGINEERING SERVICES FOR THE BAYFRONT PARK REDEVELOPMENT PROJECT; AUTHORIZING THE CITY MANAGER TO UNDERTAKE NEGOTIATIONS WITH THE MOST QUALIFIED FIRMS, TO ARRIVE AT A CONTRACT WHICH IS FAIR, COMPETITIVE, AND REASONABLE, AND DIRECTING THE CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT TO THE COMMISSION FOR RATI- FICATION AND APPROVAL BY THE COMMISSION. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson the resolution was „a passed and adopted by the following vote - Commissioner Armando Lacasa AYES y y uy Vice -Mayor (Rev.) Theodore R. Gibson Mavor Maurice A. Ferre NOES: Commissioners Joe Carollo and J. L. Plummer, Jr. NOTE FOR THE RECORD: AGENDA ITEM 11 "A" WAS WITHDRAWN. "` d + k r-", 77. AUTHORIZE CONTRACT: PROFESSIONAL ACCOUNTING - INDEPENDENT AUDIT "TRADE FAIR OF THE AMERICAS 1981". Mayor Ferre: 16.1, is there a problem with that? We need to do this, this is called the Miami Herald continue to pick on Evelio Ley Bill. Mr. Carollo: This is to spend $10,000 to audit where the money was spent? - Mayor Ferre: That's right. Mr. Carollo: Definitely. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-830 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR PROFESSIONAL ACCOUNTING SERVICES TO OBTAIN AN INDEPENDENT AUDIT OF THE TRADE FAIR OF THE AMERICAS 1981; ALLOCATING UP TO $10,000 FROM SPECIAL PROGRAMS AND ACCOUNTS TO COVER THE COST OF SAID CONTRACT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Lacasa the resolution was passed and adopted by the following vote - AYES: Commissioner Joe Carollo Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner Armando Lacasa. 78. AUTHORIZE CONTRACT: QUALIFIED CONSULTANT TO EVALUATE CITY ROLE IN TRADE FAIRS AND RECOWE-14D COURSE OF ACTION. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION NO. 81-831 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH A QUALIFIED CONSULTANT FOR PROFESSIONAL SERVICES TO EVALUATE THE CITY'S ROLE IN TRADE FAIRS AND TO RECOMMEND A COURSE OF ACTION FOR THE FUTURE, INCLUDING AN EVALUATION OF THE PROPOSED MIAMI-DADE INTERNATIONAL TRADE PROMOTION CORPOR- ATION; ALLOC:>.TIN:. UP TO $15,000 FROM SPECIAL PROGRAMS AND AC- COUNTS TO COVER THE COST OF SAID CONTRACT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk.) Upon being seconded by Commissioner Gibson the resolution wag passed and adopted by the following vote - AYES: Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioners Joe Carollo and J. L. Plummer, Jr. 218 NOTE F'?R THE RECORD: AGENDA ITEMS 17, 18 AND 20 WERE WITHDRAWN. 79_ STRONGLY OPPOSING METROS REQUEST OF F.P. & L. TO REDUCE 50% OF STREET LIGHTING ALONG MAIN ARTERIALS WITHIN THE CITY. Mr. Plummer: Mr. tlayor, isn't this Commission going to take a stand before Mr. Sanchez 'Leaves on the County's order to Florida Power and Light about main arterial lighting? Mayor Ferre: Make your motion, Plummer. Mr. Plummer: Well, I think we need to go on record strongly opposing. The following motion was introduced by Commissioner Plummer who moved its adoption: MOTION NO. 81-832 A MOTION OF THE CITY OF MIAMI COMMISSION STRONGLY OPPOSING METROPOLITAN DADE COUNT'S REQUEST OF FLORIDA POWER & LIGHT .TO REDUCE 50% OF THE STREET LIGHTS ALONG MAIN ARTERIALS WITHIN THE CITY OF MIAMI; FURTHER STIPULATING THAT SUCH A DECISION, BY ITSELF, WOULD DO MORE TO INCREASE THE CRIME IN _ THIS CITY THAN ANY uTHER SINGLE EVENT THAT COULD HAPPEN TO THIS COMMUNITY. (NOTE: The hereinabove motion was sent by direct telegram to each member of the Board of County Commissioners). Upon being seconded by Commissioner Carollo, the motion was passed and opted by the following vote - AYES: Commissioner Joe Carollo Commissioner Armando Lacasa Commissioner J. L. Plummer, Jr. Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None. Mayor Ferre: Let me just put on the record so that we understand that cutting out of every other light in places like Flagler Street, Eighth Street, 27th, Le Jeune and others will do more to increase the crime rate than anything else that could happen in this community. It is a terrible move. There are other places where they could cut money other than that arl I vote with the motion. Mr. Plummer: Madame Clerk, you will forward a copy of that immediately to the County, Return Receipt Requested. 80. AUTHORIZE A1,IENDMENT TO AGREEMENT: MEDIA DEPARTMENT II INC. EXCLUSIVE. ADVERTISING, AGENCY FOR TRADE & COMMERCE DEVELOPl4ENT. Mayor Ferre: Are these the same people we used before? Mr. Gary: Yes sir. Mayor Ferre: Do you recommend that Mr. Reid? Mr. Reid: Yes sir. Mayor Ferre: Mr. Reid, what's the amount of money that is involved? Mr. Reid: There is no amount of money involved, this just allows us to keep an advertising agency of record if we choose to use them. There is no money involved. 219 SEA' 2 z 11981 ('41, 4"'N Mayor Ferre: Well, I'll tell you, I think they did a. hell of a job last year. Is there a motion on that. Is there a motion on that? Mr. Carollo: So moved. Mayor Ferre: is Julia Castano asleep, or did he go home exhausted? Okay. Alright. Carollo moved, is there a second? Lacasa seconds, is there further discussion? Call the roll. The following resolution was introduced by Commissioner Carollo, who moved its adoption: RESOLUTION No. 81-833 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, TO THE MAY 13, 1980 AGREEMENT BETWEEN THE CITY AND THE MEDIA DEPARTMENT II, INC. EXTENDING SUCH AGREEMENT FOR AN ADDITIONAL PERIOD OF (3) THREE MONTHS FOR THE PURPOSE OF CONTINUING TO HAVE THE MEDIA DEPARTMENT II, INC. SERVE AS THE EXCLUSIVE ADVERTISING AGENCY OF RECORD FOR THE CITY'S DEPARTMENT OF TRADE & COMMERCE DEVELOPMENT. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Lacasa, and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Armando Lacasa Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None 81. DISCUSSION AND DEFERRAL: PROPOSED AGREEMENT TO RESOLVE TECHNICAL PROBLEMS WITH CITY POLICE AND FIRE RADIO SYSTEMS INCLUDING PROBLEMS WITH MOBILE DIGITAL UNITS. Mayor Ferre: Plummer, you got a problem with 22? Mr. Plummer: Yes, I think the time is come where we gotta sue these people and stop paying for more consultants. We've got a system that is not opera- ting properly.. Mayor Fevre: Can I ask you a question? In the meantime, what are you going i to do about all those City police and fire radios that don't work? Mr. Plummer: Mr. Mayor, it is becoming very obvious to me that we are pump- ing good dollars after bad, that we are not getting to the basis, you know, I'm not suppol.sed to know that the Fire Department has got the mobile digi- tals that won't even work. I'm not supposed to know that. Mr. Carollo: Why don't we do this? Why don't we get the opinion, recommen- dation from the Fire Chief and the Police Chief and if that's what they want us to do, let's go ahead and do it. Mr. Plummer: Well, of course you see, their recoiimiendations, Joe, is going to be based on dollars available. You know, the day is coming when you are going to have to sue these people to m&ke them do and as it was sup- posed to do. Mayor Ferre:: Alright. Would the coiwituni cat ions gentlemen, why don't you tell us now why we sh,:,uld do this and then Chief would you go on the re- cord. Where is the Chief of Police, has tie gone `comer Lie' s got a coffee burn in the wrong place. Floyd Jobert : My name is Floyd Joubert. I aiu the Assistant D ecto 2 SAP 2 1 is81 0 40 of The Department of Computer Communications. The purpose of this reso- lution is we have identified a lot of problems in the downtown area, problems. We have problems in practically every site in the City. And what we recpiested this .firm to do is to come up with a design and rec- commended changes to our system. And we would implement these changes.. Mr. Plummer: Eow much? Mr. Joubert: It is going to be about $E1,000.00. The second phase of this is a microwave study what justifies it is thJ� fact that my bills with special circuits, radio control circuits, data circuits have been run over 240,000 this year. Mr. Plummer: God rest Mr. Ben Dembe who tried to sell this microwave to this City eight years ago - FREE. Mayor Ferre: Microwaves. That makes it interesting. Is that what we are going to put it on now? Mr. Plummer: Yeah, well it won't hurt you Ferre, don't worry about it. Mayor Ferre: You mean it is too late for me by the time they got them in, huh? Mr. Plummer: That's it - you are beyond, you are over the hill. Mayor Ferre: You know by experience, huh? Mr. Plummer: Everytime Father talks about cutting the mustard, you get`a frown on your facie, there. Mr, Joubert: My main problem is that we have a very limited staff. Mr. Plummer: Well, why don't you do the proper thing in my estimation. You got about four companies, right? Mr. Joubert: I beg your pardon? Mr. Plummer: I said you have about four companies that can do the job that these consultants are going to recommend. Mr. Joubert: I agree, we have about four companies, G.E., Matorola, but they are here to sell equipment. Mr. Plummer: Why don't you have these four companies come in, study the problem that they will do free of charge, tell them what your bottom line is and what they will cost the City to do and eliminate the problem rather than going through a consultant? Mr. Joubert: This is a highly special problem, antenna design.... Mr. Plummer: Oh, bull crap..highly special problem- Joubert, let me tell you something. There isn't a compnay in the world that is going to elimi- aate that problem doom town. There ain't a company in the world, you know it and I know it. Mr. C.•rollo: Well, do want to sue them? Mr. Plummer: No, I don't want to sue them, I want to get the E System, that's who I want to sue. I want to tell you something - that's been a craw for me for five years. Heh, what t am saying to you is - throw the monkey on the company. Let them come in. Tell them what we want to try to accomplish, what the bottom line is. Let thenn with their engineer- ing, they've got millions of dollars in engineers, come down and study the system and say..yes, we can, or no, we can't. Let them come do it and prove it and then we will pay them, if not we don't pay them. That's like spending $139,000.00 for a consultant for the Orange Bowl. Mr. Brice: Cotrarkissioner, I think the thing fire L police are concerned about is, we have some serious problems with our radios, the system, as far as..doesn't have anything to do with Fire Department radio system. Mr. Plummer: Herman, I understand thz t you have had iroblems with your radios downtown since I have been in this City. Thereupon, the City Commission on motion duly made by Commissioner Plummer and seconded by Commissioner Lacasa unanimously agreed'to defer the issue. ON ROLL CALL: Mr. Plummer: I want to make a motion now that at the next Commission meet- ing that we bring all of the problems involved with mobile digitals for a presentation before this Commission. Let's get the truth out on top of the table. Mayor Ferre: Plummer, you don't need to make a motion. The manager is so instructed and that's it. Let's save some time. 82. AUTHORIZE EXPENDITURE OF MONEY FOR HIRING OF 30 ADDITIONAL PUBLIC SERVICE AIDES FOR DEPARTMENT OF POLICE. Mayor Ferre: Hire 30 Public Service aides to the department. Plummer moves, Lacasa seconds. Further discussion? Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption: RESOLUTION NO. 81-834 A RESOLUTION ALLOCATING THE SUM OF $334,386 FROM J<'; SPECIAL PROGRA:IS AND ACCOUNTS, PUBLIC SAFETY FUND, r TO HIRE 30 ADDITIONAL PUBLIC SERVICE AIDES WITHIN THE DEPARTMENT OF POLICE: SAID EXPENDITURE TO PRO- VIDE FOR SALARIES AND FULL STAFFING, INCLUDING UNIFORMS, EQUIPMENT, TRAINING AND VEHICLES, FOR THE 30 NEW POSITIONS. (Here follows body of resolution, omitted here and on file in the office of the City Clerk) . Upon being seconded by Commissioner Lacasa, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe Carollo Commissioner Joe Carollo Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None NOTE FOR THE RECORD: AGENDA ITEMS 26 THROUGH 31VERE WITHDRAWN. �1 83. ONE YEAR EXTENSION OF EMPLOYMENT: VIRGINIA LIEBERMAN Mayor Ferre: Wn are now on Iten No. 32► which is the, this is Virginia Lieberman. Plummer do you want to move that Virginia Lieberman? And Gibson seconds. Mr. Plummer: Which one is Virginia Lieberman? Mayor Ferre: She is recommended by Claude Pepper. Further discussion; Call the roll. The following resolution was introduced by Commissioner Plummer, who moved its adoption. RESOLUTION NO. 81-835 A RESOLUTION APPROVING A ONE (1) YEAR EXTENSION OF EMPLOYMENT PAST THE AGE 70FFOR POLICEGINIA FFFECTZVE�JULY TYPIST CLERK II, DEPARTMENT 29, 1981 THROUGH JULY 29, 1982 WITH THE PROVISION THATAN. IN THE EVENT OF A ROLLBACK OR LAYOFF, RATHER THAN A JUNIOR EMPLOYEE WOULD BE AFFECTED. (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). Upon being seconded by Commissioner Gibson, the resolution was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Joe C:arollo Commissioner Armando Lacasa Vice Mayor (°3ev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None ABSENT: None NOTE FOR THE RECORD: AGENDA ITEM 33 WAS DEFERRED 84. CITY HALL FINANCE OFFICE RENOVATIONS Mr. Lacasa: Motion to defer No. 34. Mr. Plummer: Motion to deny. Mayor Ferre: Motion to deny •supersedes a motion to defer. Mr. Lacasa: To deny. I second to deny. Mayor Ferre: Moved and seconded. Further discussion? Call the roll on the denial. The following motion was introduced by Commissioner Plummer, who moved its adoption: MOTION No. 81-836 A MOTION DENYING KCCEPTANCE OF BID FROM J & G ASSOCIATES, FOR CITY }ih.T.L .- F'INP.IXE OFFICE RENOVATIONS. Upon being Eeconded by Co:er:jtissi.-)rEr Lacasa, the motion was passed and adopted by the follotiilig voti- : Cj �j�b1 t AYESCommissioner J. L. Plummer, Jr. Commissioner Armando Lacasa t NOES% Commissioner Joe Carollo�7��? Vice Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre ON ROLL CALL - 4 df ! Father Gibson: No, we owe these people... F Mayor Ferre: Absolutely we owe these people x� Father Gibson: What's wrong, don't they do the work? Mr. Plummer: No Father, it is spending $230,000. for furniture in the back offices. Mayor Ferre: Plummer, we have been fighting this for two years. Mr. Plummer: I'll continue fighting until the bitter end. Mayor Ferre: Well, I'll tell you, I'm going to vote as I voted last rime, I assume Gibson will do the same. It is going to go down in defeat, that's okay, but I ... Mr. Lacasa: It is a quarter of a million dollars, Carollo, quarter of a million dollars. Mr. Plummer: More! $300,000. Look at the next item. Mr. Gibson: I vote yes. (NOTE: See explanatory memorandum attached hereto) Mayor Ferre: We have been having those people.. -I want to say on the record as follows: I think that we are being penny-wise and pound-foolish. The inefficiency that results out of people working the way they have to work, and that accounting department is absolutely shameful. What we are doing is we are subjugating people working in inhuman conditions. I think it is wrong, I think that we are paying for it, I think it is costing us a for- tune in inefficiency. Mr. Plutm art I've got a great idea, let's put them upstairs in one of the two country clubs. Mayor Ferre: Fine. Fine. I'll tell you, I would willingly give up space. I would willingly give up my space. Mr. Plummer: I think that is very admirable. Mayor Ferre: Okay. You got it. After November, you have that space up there. I am dead serious about it. That's how important it is, Howard. You move us out. You find a place for me to go and you have that space upstairs. 224 =�� CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM To Mayor Maurice A. Ferre Vice Mayor (Rev.) T.R. Gibson Commissioner Armando ?.acasa Commissioner J. L. Plummer Commissioner Jae Carollo FA Ch• Ralph G. Ongie City Clerk DATE November 5, 1981 FILE sueaEC- Correction to Public Record Motion No. 836 September 24, 1981 Meeting REFERENCES ENCLOSURES In the process of proof-reading the Commission Minutes for the meeting of September 24, 1981, I have made the following discovery: Item 34 (City Nall Finance Office Renovations) Commissioner Plummer made a motion to DENY. This was seconded by Commissioner Lacasa. Thereupon a discussion occured led by Mayor Ferre who pointed out the working conditions in the Finance Office. The tape indicates conversation between the Mayor and Father Gibson. Father Gibson stated: "I vote yes, I vote for it". It is obvious frcm listening to the tape that Father Gibson thought he was voting to approve the renovations. I called him to verify this and his reply was in the affirmative. This now means that the motion to deny FAILED by the votes of: Commissioner Joe Carollo Mayor Maurice A. Ferre Commissioner (Rev.) Gibson The resolution to approve has not been acted upon by the City Commission and this matter should be clarified for the public record. The matter described above was for RENOVATION WORK (not furniture) cc: Howard V. Gary, City Manager George F. Knox, City Attorney Carlos Garcia, Finance Director 9 rgo 85. DENIAL OF ACCEPTANCE OF BID FOR FURNITURE FOR FINANCE DEPARTMENT. Mr. Plummer: Move to deny NO. 35. Mr. Carollo: Wait a mirrute. Where are you going? Mayor Ferre: I don't know where I aLn going, but I am going to give up that up there because I think tY,oee people who are working in that account- spaceinq deiartment deserve better space, we tyre creating in built inefficiency which is costing us not hundreds of thousarnds, lions of dollars in inefficiency. in my opinion probably mil - Mistakes are being Mace left and right, those people don't even know, they are bumping into each other, they can't talk, the machines..., they can't think.. -unbelievable, absolutely unbeliev- able. Okay. 2 (� 4 1981 Mr. plu mner: Move to deny 35. Mayor Ferre: Well obviously 35 without 34 doesn't mean anything+ MR. Carollo: What space are you giving up? ; Mayor Ferre: I'll give up my whole space. • a Mr. Carollo: Your whole second floor? Mayor Ferre: My whole second floor. You got it,► +of %lbifel3'� after November lOth. Mr. Lacasa: I am leasing out my office. Mayor Ferre: You can have my office. MR. Lacasa: I give you half of mine. Mayor Ferre: You are giving half of mine, of yours. Alright. You find some other space outside of City Hall for me. Mr. Plummer: If you took half of mine you would have to make up your mind with cockroaches or without. Mayor Ferre: Alright. The motion to deny No. 35 has been seconded. Further, discussion? Call the roll. The following motion was introduced by Commissioner Plummer; who moved , its adoption: MOTION NO. 81-837 A MOTION DENYING ACCEPTANCE OF BID FROM THOMAS W. RUFF & COMPANY FOR OFFICE FURNITURE FOR THE FINANCE DEPARTMENT. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. "t Commissioner Joe Carollo Commissioner Armando Lacasa' NOES: Vice -Mayor (rev.) Theodore R. Gibson Mayor Maurice Ferre ABSENT: None NOTE FOR TIIE RECORD: AG" 7)A T-7—r —0.3G u ?7 WERE DEFE3^ED 86. FORMALIZATION: EXTEND CURRENT LEVEL FUNDING THRU OCTOBER 7, 1961 ALLAPATTAH DEVELOPMENT AUTHORITY, INC. The following resolution was introduced by Commissioner Lacasa, who moved its adoption: RESOLUTLON N0. 81-838 A RESOLUTION AUTHORIZING THE EXTENSIOI OF CURRENT LEVEL FUNDING THROUGH OCTOBER 7, 1981, TO ALLAPA'rFAH DEVELOPMENT AUTHORITY, INC. FOR THE CONTINUATION OF ITS NLIGj1EOR1iOOD ECONOMIC DEVELOPMENT PROGRAM, WITH FUNDS THEREFOR ALLOCATED FROM THE SEVENTH YEAR COMMUNITY DEVELOPMENT BLOCS: GRANT. (Here follows body of resolutio•'., omitted hers 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. D. --L & .)EPu Upon being seconded by Conunissioner Carollo, and adopted by the following vote: AYES; Commissioner Joe Carollo Commissioner Axrtando Lacasa Vice -Mayor (Rev•) �►eodore R. Gibson Mayor Maurice A. Ferre NOES: Commissioner J. L. Plummer, Jr. ABSENT: None $: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodc,.re R. Gibson Mayor Maurice A. Ferre NOS: Commissioner Joe Carollo ABSENT: None ALLOCATI $25,000.00-SECOND iziTERAMERICAN SUGAR CARE C7. a901. SEI1IIdA.R-OCTOI;ER 6-n, authorizing the allocation of $25,000 from Mr. Lacasa: I have a resolution entfund, to partly defray the cost special programs and accounts, contingent of the second InterAmerican Sugar Cane Seminar to be held October 6-8, 1981 in the Miami area. Mayor Ferre: We voted previous on that in a r4otion form. This memorial- at ion' Yes, we have izes it as a resolution. 7sthere aSeWenhave ad to hmort alcommittment on this. done this previously in a resolution. Mr. Carollo: How much money is it. Mayor Ferre: $25►000. This is for that sugar: cane conference. Mr. Carollo: Sugar cane? ce that Mayor Ferre: Yes, that we committed. There walnterAmerican s put Sugar.`�a on last year by, what is the name of the firm, As I understand it, these are people who own sugar companies and these to Miami. The purpose of are people in the sugar industry that are coming the this is to make FIU and Florida the center for sugar technology in coming Latin America and the Caribbean� That I know of,anywhere else like thatere . nobody And stipulate fron Cubs, Nicaragua, Grenada o that. ha Stipulate it. No one from any communist, Marxist or Left- Carollo: wing countries. That is part and parcel and you have to make sure that Mayor Ferre: Okay• to be represented. Call the roll. none of those countries are going The following resolution was introduced by Commissioner Lacasa who moved its adoption: RESOLUTION N0. 81-839 A RESOLUTION :•AUTHORIZING THE ALLOCATION OF $25,000 PARTLY SPECIAL PROGRAMS, AND ACCOUNTS, CONTINGENT FUND, DEFRAY THE COST THE SECOND 6-8, 1981 INICAN SUGAR CANE THE MIAMI AREA. SEMINAR TO (Here follows body of resolution, omitted here and on file in the Office of the City Clerk). the resolution was passed SEP 2 41981 N 88. FORMALIZATION: DEVELOPMENT ORDER FOR MIAMI CENTER II Mayor Ferre: 52b. That formalizes what we did before, right. Now, Mr.. Mc- Manus, is there anything in the Miami Center II development order that we did not agree upon in the resolution form, in the motion that we made? Mr. McManus: We took the language that we discussed on the last meeting on September loth that wLs incorporated in that, plus the law department has identified certain scriveners errors which have been included. That resolution has been agreed upon by all parties. Mayor Ferre: Mr. McManus, will you again stipulate that Southeast Bank and all the attorneys and all the people that have been coming here for months and months have agreed to this. Mr. McManus: So stipulated. Mr. Plummer: And they have seen this particular document we are looking at? Mayor Ferre: Lacasa moves, Plummer seconds. Further discussion? Call the roll. The following resolution ws introduced by Commissioner Lacasa, who moved its adoption: RESOLUTION N0. 81-840 A RESOT:,?TION CONCFERNING THE MIAMI CENTER II DUPONT PLAZA PROJE:,'T, A DEVELOPMENT OF REGIONAL IMPACT, PROPOSED BY MIAMI CENTER JOINT VENTURE, THROUGH ITS PREDECESSOR IN INTEREST HOLYWELL CORPORATION, LOCATED AT APPROXIMATELY 201-399 SOUTHEAST 2ND AVENUE 201-399 SOUTHEAST 4th STREET (BISCAYNE BOULEVARD WAY), MIAMI, FLORIDA: ISSUING A DEVELOP-, MENT ORDER FOR SAID PROJECT APPROVING SAID PROJECT WITH MODIFICATIONS, AFTER CONSIDERING THE REPORT AND RECOMMEN- DATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNC:'j AND THE PLANNING ADVISORY BOARD OF THE CITY OF MIAMI; AND AFTER CONDUCTING A PUBLIC HEARING AS REQUIRED BY SECTION 380.06 FLORIDA STATUTES, SAID APPROVAL SUBJECT TO THE CONDITIONS OF THE DEVELOPMENT ORDER ATTACHED HERETO AND MADE A PART OF HEREIN AS EXHIBIT "A" AND THE APPLICATION FOR DEVELOPMENT APPROVAL, AS REVISED, INCORPORATED BY REFERENCE AND MADE A PART OF HEREIN FURTHER DIRECTING THE CITY CLERK TO SEND THE HEREIN RESOLUTION AND SAID DEVELOPMENT ORDER TO AFFECTED AGENCIES AND TO THE DEVELOPER. (here follows body of resolution, ommitted 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 J. L. Plummer, Jr. Commissioner Armando Lacasa Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice Ferre NOES: None ABSENT: Commissioner Carollo rM 6 SEP 2 4 1981 89. COMPLY WTTH REQUEST OF DR. ORLANDO MONTENEGRO--MEDRANO CENTRO NTCAP.AGUEP,ISE COMMUNITARTO MEETING AT WHITE HOUSE R,GAPj7ING POLITTCAL PEFUGEFS Mayer Ferre: Is there anything else that we must vote on tonight that is absolutely indispensable t.o the well-being of this city. Alright, I have a .... Carollo, did Joe Leave.? T have request here from the...ar.e you with me, Carollo? This is a request by the Nicaraguan Community Center. IIeh, Plummer.. This is the Nicaraguan Community Center at St-. Do:ninics, okay? To the members of the City of Miami Commission: To this letter, we the Nicaraguan community Center are asking from the Commissioners of the City of Miami and its Mayor to take into consideration creating a motion backing up the Nicaraguan Community Center, in our meeting with Mr. Henry Suniga_ :-,he._ ial Advisor for Hispanic Affairs Presi'ent Reagan, This meeting will take place the 28th of September of 1981 at 11 o'clock in the White House. In this meeting, we will ask for the Federal Aut-hortties to recognize the legal status of the Nicaraguan volitical refugee ana the concessions of the rights connected with this political status. This creation of this motion by this Commission will be of great help in our efforts to help to our efforts to help the Nicaraguans in exile. This is the request of the Nicaraguan Community Center that we, the City Miami Commission support their request before the White House. Mr. Lacasa: I make a motion. Mr. Carollo: I'd be happy to make the motion, inhere if you made it, I second it. Mayor Ferre: It has been moved and seconded for the record. Mr. Carollo: Let me add this. If it hadn't been for the lack of guts the previous Administration, we would not have some 30,000 Nicaraguan refu- gees in the United States. These people are indeed political refugees. If they would go back, they would all be either shot or thrown in jail. This country has an obligation, not only to open the doors to these people, but to help them take their Gountyy back. Mayor Ferre: Call the roll. s The following motion was introduced by Commissioner Carollo, who moved its adoption. MOTION NO. 81-841 A MOTION FROM THE CITY COMMISSION COMPLYING WITH REQUEST MADE BY DR. ORLANDO MONTENEGRO-MEDRANO, OF THE CENTRO NICARAGUENSE COMMUNITARIO, ENDORSING SUCH CENTRO COMUNII- TARIO IN CONNECTION WITH A MEETING WHICH THEY ARE SCHEDULED TO ATTEND AT THE WHITE HOUSE ON SEPTEMBER 28, 1981, AT WHICH MEETING THEY WILL REQUEST TO BE GRANTED LEGAL STATUS AS POLITICAL REFUGEES. Upon being seconded by Commissioner Lacasa, the motion was passed and adopted by the following vote: AYES: Commissioner J. L. Plummer, Jr. Commissioner Armando Lacasa Commissioner Joe Carollo Vice -Mayor (Rev.) Theodore R. Gibson Mayor Maurice A. Ferre NOES: None 'e ASSENT: None 4 i SEP 2 4 1981 90. PERS01,1A1, APPF.APAMCE: MR. HOHIBECK, DADE CO-CrNTY CONSUMER ADVOCATa w . ADVOCATE - Mayor Ferre: Thank yol, for your. patience to*1ay, and 1 thi.nk ,,e have con- eluded, as z understand .t, ti, meeting. is there anything else? Yes,sorry. What can •-P da .tor you? Go nbead. I'll recognize you. Put it into the record quickly, we might not have a quorum. Your name and address for the record? This man has been here all day, to make this statement so.. Mr. Y.ornbeck: I am fir. iior.nbeck. from Florida's organized Consumer Advocate Service. You can bring uS your financial problems and let's see what we can do about them. Some of our specialties are automotive, video equipment, roof- ing, roofing repairs and unfair pricing. Dade County's Consumer Advocate Ser- vice has had a budget cutback order and is expected to drop from 21, people down to to only 9. We can help handle some of, their problems. The people have a great many complaints here in this area. when the time is appropriate, we plan to video tape a consumer advisory of about a 5 minute duration which can be shown by any of the television channels. This showing will portray some does and don'ts for consumer protection. Our video tapes can also be made available to individuals and families to fit almost any kind of video recorder. It can also be made available to businesses and to local govern- ment as needed. These tapes can be added to as new advisories become avail- able. Each video advisory will have a number. We also plan to publish a periodic newsletter for consumer protection. Each of us working in this service have combined in the financing necessary to provide what needs to be done. In the near future, we plan to have a public meeting. It can be in- doors or a public picnic. At this meeting the public can bring their opinions and discuss how this service can be improved even more. You can individually explain your problems and suggestions. We might even take a vote on impor- tant issues. We will inform the local news media of when and where the meet- ing will take place so each of you and your friends can come prepared to speak. If it is decided to be a picnic meeting, those of you who can can bring a dish and we will put on the feed bags, something new in personal con- sumer protection. Mayor Ferre: I want to thank you for your patience. It is 2 o'clock in the morning, so you have to understand that it has been a long, long day. I hope you are not discouraged, you know, I think what you are doing is very worthwhile and I commend you for it. I think that the fact that we are trying to get consumer the understanding of consumer problems I think is essential and what you are doing is very worthwhile. Okay? There being no further business to come before the City Commission, on motion duly made and seconded, the meeting was adjourned at 2:15 A.M. ATTEST: RALPH G. ONGIE City Clerk MATTY HIRAI Assistant City Clerk t . H� , �y �" �, F rft tr: MAURICE A. FERRE Mayor rtt sIK{: SEP 2 41981 c �WIFG- INDElk ITEM NO DOCUMENT IDENTIFICATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 APPROVE CONSTRUCTION AND OPERATION OF A MUNICIPAL USE BROADCASTING TOWER AT FIRE STATION #12. REVIEW OF CONDITIONAL USE PERMIT DRIVE -IN -TELLER FACILITY 1900 BISCAYNE BOULEVARD. -GRANT EXTENSION OF VARIANCE FOR F.A.R. AND PARKING LOT AT 1005 S.E. BAYSHORE DRIVE. GRANT EXTENSION FOR CONDITIONAL USE FOR OPEN PARKING LOT AT 3024 NEW YORK STREET (SIERRA NAUTICO). ACCEPT PLAT: TOWN PARK SUBDIVISION NO. 7 ACCEPT PLAT: MIAMI CONVENTION CENTER AMENDED. ACCEPT PLAT: DAGHER VILLAGE. AUTHORIZE AGREEMENT WITH CUBAN MUSEUM OF ARTS AND CULTURE, INC. LEASE OF PROPERTY FORMERLY KNOWN AS FIRE STATION NO. 15. AUTHORIZE AGREEMENT: TLORIDA A AND M UNIVERSITY FOR USE OF ORANGE BOWL`,STADIUM AUTHORIZE NEGOTIATION OF CONTRACT: FACILITY MANAGEMENT, INC. FOR CONVENTION CENTER. APPROVE IN PRINCIPLE: INTERIM PARKING PLAN 1981-1985 CENTRAL MIAMI FLORIDA. EXECUTE AGREEMENT: RUSSELL, MARTINEZ AND HOLT ARCHITECTS, INC. CONCEPTUAL DESIGN OF MIAMI DESIGN PLAZA. , AUTHORIZE SALE OF FIVE SURPLUS GARBAGE TRUCKS TO CITY OF SAN SALVADOR, EL SALVADOR. ALLLOCATE $150,000 F.R.S. FUNDS TO PREVIOUSLY APPROVE SOCIAL SERVICE AGENCIES. ALLOCATE $30,000 FOR FUNDING OF PARTNERS FOR YOUTH PROGRAM. APPOINT TWO INDIVIDUALS TO "ARTS IN PUBLIC PLACES COMMITTEE" COMMISSION RETRID ACTION CODE Nf R-81-790 81-790 R-81-791 81-791 R-81-793 81-793 R-81-794 R-81-796 R-81-797 R-81-798 I. R-81-803 R-81-804 R-81-806 R-81-807 R-81-809 R-81-816 R-81-821 R-81-822 81-794 81-796 81-797 81-798 81-800 81-803 81-804 81-806 81-807 81-809 81-816 81-821 81-822 17 APPOINT INDIVIDUALS TO OVERTOWN COMMUNITY DEVELOP- MENT ADVISORY BOARD. R-81-823 81-823::: i .; EN MDO u TI)i DE'll i.. CONTINUED PAGE # 2 ITEM NO. DOCUMENT IDENTIFICATIONACTION CODE 18 APPOINT JACINTO ALBERTO ALFONSO AS A REGULAR MEMBER OF THE MIAMI ZONIGN BOARD. R-81-824 81-824 19 APPOINT ROBERT MACK TO SERVE AS A MEMBER OF THE AFFIRMATIVE ACTION ADVISORY BOARD UNTIL DECEMBER 8, 1981. R-81-825 81-825 20 ADDITIONAL APPOINTMENT TO OVERTOWN COMMUNITY DEVELOPMENT ADVISORY BOARD. R-81-823 81-823 21 STRONGLY SUPPORTING RELOCATION OF PLANNED DOWNTOWN PEOPLE MOVER BISCAYNE BOULEVARD STATION TO THE i; EAST EDGE OF THE BOULEVARD. R-81-827 81-827 22 ACCEPT PROPOSAL: IMPLEMENTATION OF FIXED ASSET AND i DEPRECIATION SYSTEM FOR THE FINANCE DEPARTMENT. R-81-828 81-828 j 23 APPROVE MOST QUALIFIED CONSULTING TEAMS TO PROVIDE PROFESSIONAL LANDSCAPE ARCHITECTURAL AND ENGINEERING SERVICES: BAYFRONT PARK REDEVELOPMENT PROJECT. R-81-829 81-829 24 AUTHORIZE CONTRACT: PROFESSIONAL ACCOUNTING - INDEPENDENT AUDIT "TRADE FAIR OF THE AMERICAS 1981." R-81-830 81-830 25 AUTHORIZE CONTRACT: QUALIFIED CONSULTANT TO EVALUA CITY ROLE IN TRADE FAIRS AND RECOMMEND COURSE OF ACTION R-81-831 81-831 26 AUTHORIZE AMENDMENT TO AGREEMENT: MEDIA DEPARTMENT II INC. EXCLUSIVE ADVERTISING AGENCY FOR TRADE AND COMMERCE DEVELOPMENT. R-81-833 81-833 27 AUTHORIZE EXPENDITURE OF MONEY FOR HIRING OF 30 ADDITIONAL PUBLIC SERVICE AIDES FOR DEPARTMENT OF POLICE. R-81-834 81-834 28 ONE YEAR EXTENSION OF EMPLOYMENT: VIRGINIA LIEBERMAN. R-81-835 81-835 29 FORMALIZATION: EXTEND CURRENT LEVEL FUNDING THRU OCTOBER 7, 1981 ALLAPATTAH DEVELOPMENT AUTHORITY INC. R-81-838 81-838 30 ALLOCATE $25,000.00-SECOND INTERAMERICAN SUGAR CAN SEMINAR-OCTOBER 6/8 1981. R-81-839 81-839 31 DEVELOPMENT ORDER FOR MIAMI CENTER II. R-81-840 81-840